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DRI99-08-2C"_ 08: 9 Tampa Say Xegional Planning Council Chair vice-chair Commissioner Bil[Dodson Commissioner Jack Mariano October 12, 2009 The Honorable Frank Hibbard Mayor of the City of Clearwater P. O. Box 4748 Secretarq/Treasurer Facec tine Director u rieaa D ECENE EOCT 2009 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER Clearwater, FL, 33758-4748 Subject: DRI #92 - Park Place, Notice of Proposed Change Report, City of Clearwater Dear Mayor Hibbard: The enclosed agenda item regarding the above-referenced project was considered and approved by the Tampa Bay Regional Planning Council at its October 12, 2009 meeting. Please contact the Council staff if further information concerning this item is needed. Sincerely, William D. Dodson Chair WDD/bj Enclosure cc: Mr. Paul Engelhardt, Mid Pinellas Office Park Mr. Maura R. Minges, Bausch & Lomb Incorporated Mr. Robert C. Pergolizzi, AICP, Gulf Coast Consulting 1VIr. Michael Delk, AICP, City of Clearwater Planning Mr. Bernard Piawah, FDCA_ ._- -- 400o Gateway Centre Boulevard, Suite i oo • Pineffas Park, FL 33782 Phone: 727-570-515' • Fax: 727-S70-S"8 • State Number: S13-5o66 • wwwtbrpc.org mow Tampa Say X egional Planning council NOPC Consent Agenda 10/12/09 Agenda Item #3.E.1 . Notice of Proposed. Change Report 4000 Gateway Centre Boulevard, Suite 100, Pinellas Park, FL 33782 Phone (727) 570-5151 / FAX (727) 570-5118 www.tbrpc.org DRI #92 - PARK PLACE CITY OF CLEARWATER On March 26, 2009 (dated March 25, 2009), the Applicant submitted a Notice of Proposed Change application requesting modifications to the Development Order. Supplemental information was received on August 21, 2009 (dated August 20, 2009). A further-revised Master Development Plan was transmitted on September 3, 2009 to reflect further modifications requested by Council staff. The following provides a summary of project entitlements and history, a description of the proposal, and the Council recommendation. PROJECT DESCRIPTION On September 1, 1983, the City of Clearwater granted a Development Order (Ordinance No. 3205-83) to Metro Development Corporation for a 99.1-acre commercial and office development located at the northeast corner of the S.R. 601U.S. 19 intersection. The project was originally approved to contain 1,500,000 square feet (sq. ft.) of office space and 460,000 sq. ft. of retail space. The Development Order has subsequently been amended five times, with the latest occurring on January 15, 2004 (Ordinance No. 7215-03). The amendments have cumulatively: modified the development parameters; authorized multi-family and hotel as approved uses; consolidated the entire project into a single phase; established and modified a land use equivalency matrix for various parcels; and extended the project buildout date by 23 years (to December 31, 2008) based on the phasing consolidation. The Development Order duly expires on December 31, 2008. As currently approved, the following represents the plan of development: PROJECT BUILDOUT OFFICE (Sq. Ft.) INDUSTRIAL (Sq. Ft.) RETAIL (Sq. Ft.) RESIDENTIAL (M.F. Units) December 31, 2008 454,059- 100,000" 81,120 390 * - The above-referenced entitlements are reflective of a Land Use Equivalency Matrix conversion dated February 19, 2007. PROPOSED CHANGES UNDER THIS NOPC The Applicant has requested the following modifications of the Development Order: • allow the potential conversion of Retail to Office at a prescribed ratio of 1,000 sq. ft. of Retail = 2,449 sq. ft. of Office applicable only to Parcel #7; • modify Map H to recognize "Office" as an allowable use on Parcel #7; • add 10,700 sq. ft. of Retail to Parcel #9; and • extend the buildout and Development Order expiration dates by additional three year periods, each to December 31, 2011. 1. CONSISTENCY WITH SUBSECTION 380.06(19), FLORIDA STATUTES Subsections 380.06(19)(b)5., 380.06(19)(c) & 380.06(19)(e)3, F.S. identify the provisions applicable to this proposal. This citations reads as follows: "An increase in land area for office development by 10 percent or an increase of gross floor area of office development by 10 percent or 66, 000 gross square feet, whichever is greater" ... shall constitute a Substantial Deviation. However, conversely, an increase less than that specified is not a Substantial Deviation. "An extension of the date of buildout of a development, or any phase thereof, by more than 7 years shall be presumed to create a substantial deviation subject to further development-of-regional- impact review. An extension of the date of buildout, or any phase thereof, of more than 5 years but not more than 7 years shall be presumed not to create a substantial deviation... These presumptions may be rebutted by clear and convincing evidence at the public hearing held by the local government. An extension of 5 years or less is not a substantial deviation. For the purpose of calculating when a buildout or phase date has been exceeded, the time shall be tolled during the pendency of administrative or judicial proceedings relating to development permits. Any extension of the buildout date of a project or a phase thereof shall automatically extend the commencement date of the project, the termination date of the development order, the expiration date of the development of regional impact, and the phases thereof if applicable by alike period of time. In recognition ofthe ofthe 2007 real estate market conditions, all phase, buildout, and expiration dates or projects that are developments ofregional impact and under active construction on July 1.2007 are extended or 3 years regardless ofany prior extension. The 3 -year extension is not a substantial deviation, is not subject to further development-of-regional-impact review, and may not be considered when determining whether a subsequent extension is a substantial deviation under this subsection. " [underline has been added to express intended provisions of current application] "Except for the change authorized by subsubparagraph 2.f., any addition of land not previously reviewed or any change not specified in paragraph (b) or paragraph (c) shall be presumed to create a substantial deviation. This presumption maybe rebutted by clear and convincing evidence. " [underline has been added to express intended provisions of current application] DISCUSSION The, following statements serve as representations made by, or on behalf of, the applicant or are statements or recommendations made by Tampa Bay Regional Planning Council staff. These references/recommendations were relied upon by the Tampa Bay Regional Planning Council to determine that no further information would be required in conjunction with the current proposal: 1. A 1,000 sq. ft. of Retail = 2,875 sq. ft. of Office conversion ratio was approved in 1996 but was limited to Parcel #4. The Applicant has currently requested the ability to additionally convert Retail to Office on Parcel #7 at a rate of 1,000 sq. ft. of Retail = 2,449 sq. ft. of Office. This revised conversion formula is based on the more-recent ITE Trip Generation Manual (8`h Edition). -2- t 2. The finished floor area of Office associated with Parcel #7 is actually 50,712 sq. ft. (i.e. 18,976 sq. ft., 19,426 sq. ft. and 12, 310 sq. ft. buildings), rather than 49,906 sq. ft. as previously portrayed through the annual reporting process. (August 20, 2009 Correspondence/Response to TBRPC #2/Page 4) The maximum amount of Office allowed through conversion of Parcel #7 entitlements would be 135,276 square feet. (August 20, 2009 Correspondence/Response to TBRPC #3/Page 4) 4. The Applicant has agreed to limit development on Parcel #7 to the equivalence of 79,010 sq. ft. of Office until or unless assurance has been provided regarding accommodation of the additional solid waste volume anticipated. (August 20, 2009 Correspondence/Response to TBRPC #6/Page 7) 5. The Applicant has documentation to substantiate their claim that the project was under "active construction" on July 1, 2007 in order to qualify for the three year extension granted in accordance with revisions to Subsection 380.06(19)(c), F.S. (August 20, 2009 Correspondence/Response to TBRPC #8/Pages 7-8) 6. The Revised Master Development Plan dated September 3, 2009, attached as Exhibit 2 to this Report, shall be included by reference and as an Exhibit to the Amendment. RECOMMENDED ACTION Indicate to City of Clearwater and the Florida Department of Community Affairs that the proposal is presumed to create a Substantial Deviation, as defined above. However, it is the opinion of this agency that no unmitigated regional impacts would be expected upon inclusion of the recommendations/representations stated in the Discussion above within the amendatory language, as may be appropriate. -3- EXHIBIT 1 -4- l Y? EXHIBIT 2 N PARCEL I LIGHT INDUSTRIAL PARCEL 3 100,000 SF "-ExlsnNt OFFICE ACCESS ® MULTI-FAMILY 63,300 SF 0 250 500 234 D.U. naa Iwn_raw ow tvm EXISTING LAND USE AMOUNT* RETAIL/COMMERCIAL 91,820SF OFFICE 467,939 SF LT. INDUSTRIAL 100,000 SF MULTI -FAMI LY RES I DENTIAL 390 DU TOTAL 659,7595F1390DU 'ORIGINALAPPROVED LAND USE AMOUNTS AS SPECIFICALLY AMENDED. CERTAIN LANG USESARE SUBJECT TO LAND USE EXCHANGE. SEE NOTES' BELOW FORADDMONAL NFORMATION. ACCESS NATURAL NOTES: I. THE PROPOSED AMOUNT OF SQUARE FOOTAGE FOR INDIVIDUAL o AREA UNDEVELOPED PARCELS ARE BASED ON BESTAVAILABLE MARKET - a 4O o INFORMATION AND ARE SUBJECT TO CHANGE THE AMOUNT OF T ? PARCEL ] TOTAL DEVELOPMENT, HOWEVER WELL NOT EXCEED THE AMOUNT ' OFFICE G w OF DEVELOPMENT APPROVED BY THE DEVELOPMENT' ORDER C, 82,179 SF OFFICE MULTI-FAMILY 2. THAT PORTION OF THE DEVELOPMENT THAT REMAINS TO BE PARCEL 0 101,900 SF DEVELOPED IS REFERRED TOAS THE'PLANNED DEVELOPMENT - THE BUILD-OUT DATE FOR TFIP PLANNED DEVELOPMENT AND FOR uel,aw THE TOTAL PROJECT IS DECEMBER 31, 2011. V 3. CONVERSION RATES OF 1,000 SQUARE FEET OF LIGHT FU TURE INDUSTRIAL DEVELOPMENT TO 633 SQUARE FEET OF OFFICE ACCESS DEVELOPMENT ARE HEREBY ESTABLISHED ON PARCEL I AS APPROVED COMMERICAL V PARCEL 5 PARCEL fi BY ORDINANCE 3722-515. 4. ANY MULTI-FAMILY RESIDENTIAL DEVELOPMENT WILL BE 55,278 SF Oaavovvmsaceq pwAwvamzu ?1 LJIIITED TO PARCELS 2.3,6 A B. FARCE L7 F IRE S. PARCEL6 IS PLANNED FOR 100,000 SQUARE FEET OF OFFICE waves nnmcl 1 DEVELOPMENT. CONVERSION RATES OF 1,000 SQUARE FEET OF sff,rrt"ssp :;isss 220,55 SF OFFICE DEVELOPMENT TO 2.40111ULTI.FAMB,Y UNITS WITHA MAXIMUM OF 240 UNITS, OR 1,000 SQUARE FEET OF OFFICE COYNERLw L-J DEVELOPMENT TO 2.44 HOTELROOMS WITHA MAXIMUM OF 2" PARCELI CMAUErCIAL WMVEROAL UNITS ARE HEREBY ESTABLISHED FOR PARCEL 6AS APPROVED BY COMMERCIAL PARCEL 10 PARCEL 11 ORDINANC 6678_01. P. aw a a.?mo1 10,700 SF 0+?a v rm>.a 6. CONVERSION RATES OF 1,000 SF OF COMMERCIAL DEVELOPMENT TO 2.449 SQUARE FEET OF OFFICE DEVELOPMENT ARE HEREBY I,n>ensr?aa.? GU LP-TO-BAY BOULEVARD ESTABUSHED ON PARCEL 7 ASAPPROVED BY ORDINANCE - COMMERCIAL 25,842 SF Ieuu 0". v _.) PARK PLACE DRI - MASTER DEVELOPMENT PLAN MAP H DATE FIGURE: oen V REVISED: ompa ny Sept. 3, 2009 Planning & Transportation Services DA.41WN BY: P.O. Box 10658 Ta,-nua, F;Ixidr -0658 MGC Phone: 81167T7959 F-813.31.76CP -5- Tampa Bay,Reyional Planning Council Chair Commissioner BiQ Dodson June 16, 2009 Ms. Maura R. Minges Bausch & Lomb Incorporated One Bausch & Lomb Place Rochester, NY 14604 vice-Cba r Secretarg/Treasurer Executive Director Commissioner Jack Mariano Jiff Coffin Manna Pumariega Mid Pinellas Office Park c/o Mr. Steve Engelhardt 4500 - 140' Avenue North, Suite 101 Clearwater, FL 33762 Subject: DR[ #92 - Park Place, City of Clearwater Anniversary Month - September Dear Ms. Minges and Mr. Engelhardt: Chapter 380.06(18), Florida Statutes, (F.S.), requires the developer of an approved Development of Regional Impact (DRI) to submit an annual report to the local government, the regional planning agency, the Florida Department of Community Affairs (DCA) and any additional identified agency(ies) on the date specified in the Development Order. Our records indicate that the anniversary month for your annual report is September. Please check your Development Order, as it may include information requirements in addition to those required by the DCA (see enclosed annual report format). The annual report should also identify activities completed for the reporting year and activities proposed for the coming year. Pursuant to Chapter 9J-2.0252, Florida Administrative Code, the DCA DRI Review Fee Rule (enclosed - see (6)), please submit a check for $250.00 made payable to Tampa Bay Regional Planning Council, along with the annual report. The check must include the DRI name and number for identification purposes. It is noted that Subsection 380.06(18), F.S., indicates that if the local government does not receive the annual report or receives notification that the regional planning agency or the state land planning agency has not received the report, the local government shall request in writing that the developer submit the report within 30 days. The failure to submit the report after 30 days shall result in the temporary suspension of the development order by the local government. Please feel free to contact me if you have questions regarding this matter. DRI JMM/bj Enclosures cc: Mr. Michael Delk, City oRobert C Pergolizz, , Gulf oast onsulting, Inc. DD R Im 19 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER 40oo GatewaN Centre Boulevard, Suite i oo - Pinellas Park FL 33782 Phone: 727-570-5151 ' Pax: 727-570-51i8 - State Number: 513-5o66 • wwwtbrpe.org ?T I A Tampa Bav X egional Planning Council Cbair Commissioner Biff Dodson January 30, 2009 vice-C?air SecretarvN/Treasurer Executive Director Commissioner Jack Mariano Jiff Coffins MannN Pumarie9a Mid Pinellas Office Park c/o Mr. Steve Engelhardt 4500 - 140th Avenue North, Suite 101 Clearwater, FL 33762 Subject: DRI #92 - Park Place, Annual Report Summary, RY2007-08, City of Clearwater Dear Mr. Engelhardt: The above-referenced item will be considered at the February 9, 2009 meeting of the Tampa Bay Regional Planning Council which will be held at the Council offices at 10:00 a.m. A copy of the actual Annual Report Summary and/or Agenda are available via a link under the "Announcements" section of our home page (www.tbrpc.p=). This link will be maintained until the date of the Council meeting. The Report includes a summary of approved entitlements, completed development, phasing schedule, and highlights of select Development Order requirements/conditions. The Council's overall determination of the project's consistency with the Development Order is identified in the final paragraph of the Report. Please note that any reported violation(s) of the Development Order could result in the temporary suspension of the development order, by the local government, until the project returns to compliance with all the Development Order terms and conditions. Permits would not be reviewed or issued until any suspension has been removed. If you have any questions regarding the Report or the DRI process, please call me at (727) 570-5151, ext. 29. Sincerely, Jo eyer DRI Coordinator JMM/bj cc: r. Michael Delk, City of Clearwater Planning Mi. Robert C. Pergolizzi, AICP, Gulf Coast Consulting D FEB 2 M PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER 4 0 o o Gatewag Centre Boulevard, Suite r oo • Pinellas Park, FL 33782 PWne: 727-570-5151 • Fax: 727-570-5118 • State Number: 513-5o66 • wwwtbrpc.org C7r9"?iiM?' - S ?? ,'' Consent Agenda 2/09/09 Agenda Item #3.F.1. AIRS Tampa 8ay)2egional Planning Council Annual Report Summary 4000 Gateway Centre Boulevard, Suite 100, Pinellas Park, FL 33782 Phone (727) 570-5151 Suncom 513-5066 FAX (727) 570-5118 www.tbrpc.org DRI #92 - PARK PLACE CITY OF CLEARWATER RY 2007-08 On September 1, 1983, the City of Clearwater granted a Development Order (Ordinance No. 3205-83) to Metro Development Corporation for a 99.1-acre commercial and office development located at the northeast corner of the S.R. 601U.S. 19 intersection. The project was originally approved to contain 1,500,000 square feet (sq. ft.) of office space and 460,000 sq. ft. of retail space. The Development Order has subsequently been amended five times, with the latest occurring on January 15, 2004 (Ordinance No. 7215-03). The amendments have cumulatively: modified the development parameters; authorized multi-family and hotel as approved uses; consolidated the entire project into a single phase; established and modified a land use equivalency matrix for various parcels; and extended the project buildout date by 23 years (to December 31, 2008) based on the phasing consolidation. The Development Order duly expires on December 31, 2008. The anniversary date for the Annual Report is September 1 s`. PROJECT STATUS As currently approved, the following represents the plan of development: PROJECT BUILDOUT OFFICE (Sq. Ft.) INDUSTRIAL (Sq. Ft.) RETAIL (Sq. Ft.) RESIDENTIAL (M.F. Units) December 31, 2008 454,059" 100,000" 85,948 390 • -The above-referenced entitlements are reflective of a Land Use Equivalency Matrix conversion dated February 19, 2007. Development this Reporting Year: the developer completed construction of 25,290 sq. ft. of Office space on Parcel IN while initiating office development on Parcel 6. In addition, the former 5,305 sq. ft. Ruby Tuesday restaurant was demolished on Parcel 11C in favor of a 4,200 sq. ft. 5/3 bank, resulting in a net reduction of 1,105 sq. ft. of completed retail development. Cumulative Development: the developer has completed 329,929 sq. ft. of office space, 100,000 sq. ft. of light industrial space, 84,843 sq. ft. of retail space and 390 multi-family residential units. Projected Development: no specific development activity has been identified for next year. SUMMARY OF DEVELOPMENT ORDER CONDITIONS The developer has identified continued compliance with mass transit requirements, including the construction of bus shelters on Park Place Boulevard (Condition 4.CC.) and stormwater runoff disposal (Condition 4.L.). The project has allegedly been fully mitigated in terms of transportation improvement funding in accordance with Conditions 4.E., 4.G. and 42. 2. The developer has provided the City with a ten-foot easement for pedestrian ingress/egress in accordance with Condition 4.EE. The sidewalk has since been constructed. y 3. The developer has previously indicated that the Park Place Boulevard road improvement, illustrated as Parcel "A" ("Exhibit B"/Ordinance 5722-95), has been completed in accordance with Condition 4.N.2. 4. The developer completed a capture-release program on December 6, 1991 in accordance with provisions of the agency now referred to as the "Florida Fish & Wildlife Conservation Commission," consistent with Condition 4.5. DEVELOPERS OF RECORD A listing of the DRI property owners (by parcel) is provided in the table below. This Table has been updated based on best available information. Each of these property owners is responsible for fulfilling the obligations within the DRI. Mid-Pinellas Office Park, Inc., 4500 140`' Avenue North, Suite 101, Clearwater, FL 33762 was responsible for preparing and submitting the annual report. DEVELOPMENT ORDER COMPLIANCE The project appears to be proceeding in a manner consistent with the Development Order. While the above-noted Developer has been identified for preparation of this Report, please note that formal changes to the Master Developer can only be accommodated through the Notice of Proposed Change process as identified under Subsection 380.06(19)(e)2.a., F.S. The City of Clearwater is responsible for ensuring compliance with the terms and conditions of the Development Order. PAR- MAX. FLOOR AREA (Sq. CEL PARCEL NUMBER Ft.) PROPERTY OWNER 1 (South) 17-29-16-85546-000-0010 100,000 - Industrial Bausch & Lomb, 21 Park Place Blvd., Clearwater, FL 33759 1 17-29-16-85546-000-0010 63 300 - Office Offices Park Place LLC, c/o Hallmark Development of FL Inc., 4500 140`" (North) , Avenue North, Suite 101, Clearwater, FL 33762 2 17-29-16-85546-000-0020, 156 MF Res. Units Grand Reserve Property Owner, 3340 Peachtree Road NE, Atlanta, GA 3 17-29-16-85546-000-0030 234 MF Res. Units 30326 4 17-29-16-00000-230-0130 101 900 - Office' Park Place Land Ltd., Go Carmel Commercial Group, 2828 Coral Way, #200, , Coral Gables, FL 33145 5 17-29-16-00000-240-0600 120,560 - Office Glenborough Park Place, LLC, 400 S. El Camino Real, Suite 1100, San 7 17-29-16-00000-230-1100 49,906 - Retail Mateo, CA 94402 6 17-29-16-00000-240-0400 120 - Office 86 Mid-Pinellas Office Park, Inc., 4500 140" Avenue North, Suite 101, , Clearwater, FL 33762 8 17-29-16-00000-230-0100 82,179 - Office Highwoods/Florida Holdings, 3100 Smoketree Ct., Suite 600, Raleigh, NC 27604 9 17-29-16-59392-001-0010 10 200 - Retail/ Restaurant KB Investment Holdings Ltd., do Boulder Venture, 2226 S.R. 580, , Clearwater, FL 33763 10A 17-29-16-66373-000-0010, 11,303 sq. ft. restaurant 10B 17-29-16-66373-000-0020, on Lots I OA & 1013; 11C 17-29-16-66373-000-0030, and 14,539 sq. ft. of 11D 17-29-16-66373-000-0040, retail/restaurant on Lots Clant Inc., Post Office Box 916464, Longwood, FL 32791 11E 17-29-16-66373-000-0050 1 IC, 11 D & 11 E. NOTES: • Ordinance No. 6107-96 granted approval for the construction of a hotel component of development (to a maximum of224 rooms) on Lot 4 with a simultaneous reduction of office or retail. I Gulf Coast Consulting, Inc:. Gulf Coast Consulting, Inc. Land Development Consulting • Engineering • Planning • Transportation • Permitting ICOT Center 13825 ICOT Boulevard, Suite 605 Clearwater, FL 33760 Phone: (727) 524-1818 Fax: (727) 524-6090 - September 25, 2008 Mr. John Meyer, AICP, DRI Coordinator Tampa Bay Regional Planning Council 4000 Gateway Centre Boulevard, Suite 100 Pinellas Park, FL 33782 Re: Park Place (DRI # 92) 2007/2008 Annual Report Dear Mr. Meyer: r- ?' IC. ?. L__ Li E SEP 2 6 M 4 PLANNI,'1 DEVELOPMENT SERVICES !'ITY OF CLEARWATER Please find enclosed one (1) copy of the 2007/2008 DRI Annual Report for the reporting period ending September 1, 2008. Also enclosed is the $250 review fee check Sincerely, 7y Robert Pergolizzi, P/PTP Principal Cc: Brenda Winningham, Florida Department of Community Affairs MichaeivDju1k-, iC ywo-fiCleaz ater Steve Engelhardt, Mid-Pinellas Office Park, Inc. Jayne Sears, Johnson, Pope, Bokor, Ruppel, & Burns, LLP File 03-006 PARK PLACE (DRI NO. 92) CLEARWATER, FLORIDA DRI ANNUAL STATUS REPORT FOR THE YEAR ENDING SEPTEMBER 19 2008 SEPTEMBER 2008 PREPARED FOR: Mid-Pinellas Office Park, Inc. 4500 - 140th Avenue North, Suite 101 Clearwater, FL 33762 PREPARED BY: GULF COAST CONSULTING, INC. Project # 03-006 September 2008 TABLE OF CONTENTS 1. INTRODUCTION .............................................................................. 1 II. ANNUAL STATUS REPORT .......................................................... 1 III. EXHIBITS .......................................................................................... 5 EXHIBIT A - SUMMARY OF DEVELOPMENT ORDER CHANGES EXHIBIT B - REVISED MASTER PLAN EXHIBIT C - SUMMARY OF DEVELOPMENT ACTIVITY EXHIBIT D - OWNERSHIP EXHIBIT E - LANDS PURCHASED ADJACENT TO DRI EXHIBIT F - PERMITTING INFORMATION EXHIBIT G - COMPLIANCE WITH DEVELOPMENT ORDER CONDITIONS ' I. INTRODUCTION This annual status report has been prepared pursuant to the requirements contained within the ' Park Place DRI (DRI No. 92) Amended Development Order (as originally adopted by the City of Clearwater on September 1, 1983; amended and adopted October 20, 1983, and re-adopted December 8, 1983) and as further amended by NOPC applications approved by the City of Clearwater via Ordinance # 5142-91 (December 19, 1991), Ordinance # 5722-95 (January 19, 1995), Ordinance # 6107-96 (November 21, 1996), and Ordinance 6678-01 (February 1, 2001). This report is being submitted simultaneously to the City of Clearwater (local government) the 1 Tampa Bay Regional Planning Council (TBRPC), and the Department of Community Affairs, Division of Resource Planning & Management, Bureau of State Planning (DCA). II. ANNUAL STATUS REPORT Report period September 1, 2007 to September 1, 2008. 1 Month/Day/Year Month/Day/Year Development: Park Place (DRI No. 92) Location: Clearwater Pinellas City County Developer: Name: Mid-Pinellas Office Park, Inc. ' Address: 4500 - 140th Avenue North, Suite 101 Clearwater, FL 33762 ' 1. DESCRIBED ANY CHANGES MADE IN THE PROPOSED PLAN OR DEVELOPMENT, PHASING, OR IN THE REPRESENTATIONS CONTAINED IN THE APPLICATION FOR DEVELOPMENT APPROVAL SINCE THE ' DEVELOPMENT OF REGIONAL IMPACT RECEIVED APPROVAL. NOTE ANY ACTIONS (SUBSTANTIAL DEVIATION DETERMINATION) TAKEN BY LOCAL GOVERNMENT TO ADDRESS THESE CHANGES. i Previous NOPC applications have extended the build-out date, modified the land use mixture to include light industrial uses (Bausch & Lomb), multi-family residential uses, and ' established trade-off mechanisms within the DRI. The NOPC adopted on February 1, 2001, reduced approved retail and office space, added a land use conversion factor for Parcel 6 to allow multi-family or hotel, and extended the build-out date to December 31, 2003. That ' NOPC modified Map H (dated September 18, 2000) to include a total of 81,120 s.f. retail commercial, 390 multi-family units, 685,759 s.f. office, 200,000 s.f. industrial park. During the 2003-2004 reporting year, an additional NOPC was filed on September 11, 2003 by ' Bausch & Lomb to extend the build-out date to December 31, 2008.This NOPC modified Map H (revised August 22, 2003) to note the new build-out date. The NOPC was approved by the Clearwater City Commission on January 15, 2004 (ordinance # 7215-03). Please see ' Exhibit A. 2. HAS THERE BEEN A CHANGE IN LOCAL GOVERNMENT JURISDICTION ' FOR ANY PORTION OF THE DEVELOPMENT SINCE THE DEVELOPMENT ORDER WAS ISSUED? IF SO, HAS THE ANNEXING LOCAL GOVERNMENT ADOPTED A NEW DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER FOR THE PROJECT? PROVIDE A COPY OF THE ORDER ADOPTED BY THE ANNEXING LOCAL GOVERNMENT. 1 No. The City of Clearwater is the local government. 3. PROVIDE COPIES OF ANY REVISED MASTER PLANS, INCREMENTAL SITE PLANS, ETC., NOT PREVIOUSLY SUBMITTED. A copy of Ordinance # 7215-03, which approved the revised Map H (revised August 22, ' 2003), is included. Please see Exhibit B. Site Plans for 57,484 s.f. of office space with daycare on the north 7.39 acres of Parcel 1 were approved by the City of Clearwater and are ' included in Appendix B. Site Plans for 85,000 s.f. of office space on Parcel 6 previously approved by the City of Clearwater are also included in Appendix B. 4. PROVIDE A SUMMARY COMPARISON OF DEVELOPMENT ACTIVITY PROPOSED AND ACTUALLY CONDUCTED FOR THE REPORTING YEAR, AS WELL AS A CUMULATIVE TOTAL OF DEVELOPMENT PROPOSED AND ACTUALLY CONDUCTED TO DATE. During the reporting year between September 1, 2007 and September 1, 2008, there was development activity within Park Place at The Moorings on Parcel 1N. On Parcel 11C, the former Ruby Tuesday Restaurant was demolished and replaced by a 4,200 s.f. Bank with Drive-Thru. This effectively reduced the retail/restaurant component of the DRI. Please see Exhibit C. 5. HAVE ANY UNDEVELOPED TRACTS OF LAND IN THE DEVELOPMENT ' (OTHER THAN INDIVIDUAL SINGLE-FAMILY LOTS) BEEN SOLD TO A SEPARATE ENTITY OR DEVELOPER? IF SO, IDENTIFY TRACT, ITS SIZE AND THE BUYER. PROVIDE MAPS WHICH SHOW THE TRACTS INVOLVED. During the reporting year, no properties were sold. Exhibit D contains a listing of current property owners. ' 6. DESCRIBED ANY LANDS PURCHASED OR OPTIONED ADJACENT TO THE ORIGINAL DEVELOPMENT OR REGIONAL IMPACT SITE, SUBSEQUENT TO ' ISSUANCE OF THE DEVELOPMENT ORDER. IDENTIFY SUCH LAND ITS SIZE AND INTENDED USE ON A SITE PLAN AND MAP. No lands adjacent to the DRI have been purchased or optioned by the current owners of property within the Park Place DRI to.the best of our knowledge. (See Exhibit E) ' 7. LIST ANY SUBSTANTIAL LOCAL, STATE AND FEDERAL PERMITS WHICH HAVE BEEN OBTAINED, APPLIED FOR, OR DENIED, DURING THIS REPORTING PERIOD. SPECIFY THE AGENCY, TYPE OF PERMIT AND DUTY ' FOR EACH. During the reporting year certain minor permits were obtained. Exhibit F contains ' permitting information. 8. PROVIDE A LIST SPECIFYING EACH DEVELOPMENT ORDER CONDITION AND EACH DEVELOPER COMMITMENT, AS CONTAINED IN THE ADA, AND STATE HOW AND WHEN EACH CONDITION OR COMMITMENT HAS BEEN COMPLIED WITH DURING THE ANNUAL REPORTING PERIOD. Please see Exhibit G "Compliance with Development Order Conditions and ADA Commitments". 9. PROVIDE ANY INFORMATION THAT IS SPECIFICALLY REQUIRED BY THE DEVELOPMENT ORDER TO BE INCLUDED IN THE ANNUAL REPORT. In addition to items required by the Annual Report form, the Park Place Development Order specifically requires each Annual Report to include the following: and: "a discussion of all development activities proposed to be conducted ... for the year immediately subsequent to the submission of the Annual Report" Site Plans were approved for 57,484 s.f. of office development on ParcelN. A 25,290 s.f office building was constructed and is occupied. New construction activity was completed during the reporting year on Parcel IN (Parcel ID # 17/29/16/85546/000/0011) for sitework and a 25,290 s.f. office building. On Parcel 6 (Parcel ID # 17/29/16/00000/240/0400), sitework construction is underway. "a statement listing anticipated applications for Development Approvals or Permits. . .which the Developer proposes to submit during the year immediately following submittal of the Annual Report" It is anticipated that applications for further approvals will be submitted for Parcel IN for office development. It is also anticipated that additional permit approvals will be issued by the City of Clearwater for ongoing office development on Lot 6 during the next reporting year. and: "a cumulative report of trade-offs made pursuant to Subsection 4.A.A hereof during the reporting year." During the reporting year, Offices at Park Place, LLC received approval for 57,484 s.f. of office space on Parcel IN. This parcel was split from the Bausch & Lomb Parcel previously and the site has entitlements to 100,000 s.f. light industrial space or up to 63,300 s.f. office space per the trade-off conversion in Note # 3 of the Master Development Plan. To date only a 25,290 s.f. office building has been constructed. 10. PROVIDE A STATEMENT CERTIFYING THAT ALL PERSONS HAVE BEEN SENT COPIES OF THE ANNUAL REPORT IN CONFORMANCE WITH SUBSECTIONS 380.06 (15) AND (18), F.S. I hereby certify that a copy of this annual report has been sent to the City of Clearwater, Tampa Bay Regional Planning Council, and the State Department of Community Affairs. Completed By: Robert Pergoli zi, CP AICP #9023 Principal Gulf Coast Consulting, Inc. III. EXHIBITS EXHIBIT A - SUMMARY OF DEVELOPMENT ORDER CHANGES EXHIBIT B - REVISED MASTER PLAN EXHIBIT C - SUMMARY OF DEVELOPMENT ACTIVITY EXHIBIT D - OWNERSHIP EXHIBIT E - LANDS PURCHASED ADJACENT TO DRI EXHIBIT F - PERMITTING INFORMATION EXHIBIT G - COMPLIANCE WITH DEVELOPMENT ORDER CONDITIONS EXHIBIT A SUMMARY OF DEVELOPMENT ORDER CHANGES ' The Park Place DRI Development Order was originally approved by the City of Clearwater as Ordinance 3205-83 on September 1, 1983 for 150,000 s.f. retail uses and 1,103,000 of office space and have a build-out of 1991. To annex the project into the City the ordinance was amended and readopted 1 as Ordinance 3287-83. Ordinance 5142-91 (adopted December 19, 1991) subsequently amended the Development Order and ' Master Plan to include 200,000 s.f of industrial uses, a maximum floor-area-ratio for the industrial use, a reduction of office space, a change of the phases and extension of the build-out date. Ordinance 5722-95 (adopted January 19, 1995) further amended the Development Order by changing the development to consolidate to one phase, decrease office space and extend the build-out date to 2000, adding a conversion factor to allow multi-family, and added a conversion factor from office and industrial to multi-family. The Development Order was amended by Ordinance 6107-96 (adopted November 21, 1996) to provide a land use conversion factor for Parcel 4. Ordinance 6678-01 (adopted February 1, 2001) amended the Development Order to extend the build-out date to December 31, 2003, establish a land use trade-off mechanism to allow hotel or multi-family on Parcel 6, in exchange for office space. On September 10, 2003, an NOPC application was filed and approved by the City of Clearwater to extend the build-out date to December 31, 2008. Ordinance # 7215-03 was approved January 15, 2004. Existing development includes: I 84,843 square feet retail/commercial 329,929 square feet office 100,000 square feet industrial 390 multi-family residential units EXHIBIT B REVISED MASTER DEVELOPMENT PLANS 03-29-04 11:14am From-JOHNSON,POPE.PA 7274418617 T-039 P.02/08 F-570 ORDINANCE NO. 7215-03 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 AND ORDINANCE NO. 6678-01, 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; EXTENDING THE BUILDOUT DATE; DETERMINING THAT SAID AMENDMENT IS 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. 3205783 (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 September 10, ann3, Bausch and Lomb Incorporated and Park Place Land, Ltd., a Florida limited partnership, 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 lripact ("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 I hetrby verify that this is a true and c?.y of the ar4tinal to it mpeaTs {rt t2tc 41.p". bf the city of C192Tur31cr witn ss my haad and Wicisl scat of z}'? ,ggf0e?W t c 7 Ordinance No. 7215-03 'fday o1 DLTUty City a Received Time Mar.29. 12:10PM 03,29-04 11:14am From-JOHNSON,POPE.PA 7274418617 T-039 P.03/08 F-570 1 WHEREAS, the NOPC proposes to ame rid the Development Order to extend the build-out date by five years to December 31, 2008 (the "Proposed Change"); and WHEREAS, the rroposed Change, combined with prtwious amendments to the Development Order, is 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. j 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- 33, and.amended by Ordinances No. 3287 83, No. 5142-01, No. 5722-95, 6107-96 and 6678-01, 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. Bausch. and Lomb Incorporated and Park Place Land, Ltd., a Florida.limited partnership, the owners of undeveloped portions of the DRI, have proposed that the Development Order be amended to extend the build-out date by five years to December 31, 2008. } z orc]inance No. (21b-03 1 . Received Time Mar,29. 12,104 03-29-04 11:14am From-JOHNSON,POPE.PA 7274418617 T-039 P.04/08 F-570 C. A comprehensive review of the impacts generated by the Proposed. Change, together with all previous amendments, has been conducted by r the City's departments, the TBRPC and the DCA. D. The Proposed Change is not located in an area of critical state concern designated as such pursuant to Section 380.05, Florida Statutes (1993). E. The Proposed Change, together with all previous amendments, does not ' increase the external traffic impact of the development, nor-does it create additional impacts on other public facilities, including water, wastewater, drainage, solid waste, recreation and mass transit, from the original ' projections set forth in the Application for Development Approval. ("ADA"). F. The Proposed Change hereby. approved Is 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 conciusiong 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. 1 B. The Development as modified herein, and as depicted on the Revised Map H, Master Plan, attached hereto as Exhibit B, will not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applinahle to the area. C. The Proposed Change is consistent with the local land development ' regulations currently in effect. U.. I he Proposed Change, together with all previous amendments, does 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 Change, therefore', does not constitute a "substantial deviation" from the Development Order, pursuant to Chapter 380.06, Florida Statutes. The Proposed Change is 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 Change to the Development Order as. approved by this ordinance. 3 Ordinance No. 7215-03 0 Received Time Mar.29. 12.1 PM 03-Z9-04 11 Nam From-JOHNSON,POPE.PA 7ZT4418617 T-039 P.05/08 F-570 F. The Proposed Change is within the threshold guidelines of Ordinance No. 4983-90 of the City, relating to determinations of vested development ' rights, and the Park Place DRI Tremains 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, Bausch and Lomb Incorporated Park , Place Land, Ltd., 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 incorporatod herein. Ali references to the Conceptual Plan set ' forth in the Development Order shall refer to the Amended Conceptual Plan attached hereto as Exhibit "B." ' B. The build-out date is hereby extended to December 39, 2008. C. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. ' D. Nothing herein shall limit or modify the rights originally approved by the Development Order or the protection afforded under Section 963.3167(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. E. The City Clerk shall send copies of this ordinance; within five (5) days after passage of this ordinance on second reading to Bausch and Lomb Incorporated, Parr Place Land, Ltd-, DCA and TBRPC. F. This ordinance shall be deemed rendered upon transmittal of copies hereof to the TBRPC and the DCA. G. Notice of adoption of this ordinance shall be recorded by the Developer in the public records of Pinellas County, Flur icia, as provided in Section 380.06; Florida Statutes. } 4 Ordinance No. 7215-03 Received.Time Mar-29, 12:10PM 03-29-04 11:15am From-JOHNSON,POPE.PA 7274418617 T-039 P.06/08 F-570 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 18, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTE=D •January 15, 2004 Approved as to form: Leslie K. Dougall S es Assistant. City Attorney . Bran . Aungst Mayor-Commissioner Attest: Cry fa E. Goudeau City Jerk 5 Ordinance No. 7215-03 Received Time Mar•29. 12:10PM ' 03-29-04 11:15am From-JOHNSON,POPE.PA 7274418617 T-039 P.07/08 F-570 t EXHIBIT "A" ' TO ORDINANCE NO. 7215-03 ' 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 114 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 fine of Guff-to-Bay t 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 fine, N 01 004'04" ' 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, 400.46 feet, to 'a point on the East right-of-way line of U.S. Highway 19; thence, following Said East right-of-way fine, N 01°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 11 056'04" 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 fcct, a chord length of 10.13 feet, a chord gearing of N 20°51'21" 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 114 of the Northwest 114 of l said Section 17 to the Southwest corner of the Northeast 114 of the Northwest 114 of said Section '17; thence N 00°22'28" E, 1337.3;3 feet, along the West boundary of the Northeast 1/4 of the Northwest 114 of Section 17 to the Northwest corner of said Northeast 114 of the Northwest 114; thence S 89°56'11" E, 1312.06 feet, along the North boundary of said Northeast 114 of the Northwest 114 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, a(nng 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. Received Time Mar.29. 12:10PM N 0 250 5 EXISTING ACCESS 0 00 rn ? vi LU Z OFFI 82,17 PARCEL (62.179 SF EXISTING) PARCEL 1 LIGHT INDUSTRIAL PARCEL 3 200,000 SF (100,000 SF EXISTING) _--EXISTING ACCESS MULTI-FAMILY 00 CE 9 SF B COMMERICAL (RETAIL) 2 PARCEL 5 PARCEL 6 55,278 SF (120,560 SF OFFICE EXISTING) (100,000 SF OFFICE PLANNED) PARCEL 7 FIE(I`1E / (55.276 SF EXIST ON 220,5 6 V SF / PARCELS 7 AND 9) 1 LAND USE EXISTING PLANNED TOTAL RETAIL/ 81,120 SF 0 81,120 SF COMMERICAL OFFICE 304,639 SF 100,000 S 404,639 SF LT. INDUSTRIAL 100,000 SF 100,000 SF 200,000 SF MULTI-FAMILY 390 DU 0 DU 390 DU RESIDENTIAL 485,759 SF 200,000 SF 685,759 SF TOTAL 390 DU 0 DU 390 DU °a 0 Z 0 a x NOTE S: 1. THE PROPOSED AMOUNT OF SQUARE FOOTAGE FOR INDIVIDUAL UNDEVELOPED PARCELS ARE BASED ON BEST AVAILABLE MARKET INFORMATION AND ARE SUBJECT TO CHANGE. FUTURE THE AMOUNT OF TOTAL DEVELOPMENT, HOWEVER WILL NOT EXCEED THE AMOUNT OF DEVELOPMENT APPROVED BY THE DEVELOPMENT ORDER. ACCESS 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, 2008, 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 AND 8. COMMERCIAL COMMERCIAL 5. PARCEL 6 IS PLANNED FOR 100,000 SF OF OFFICE DEVELOPMENT. CONVERSION RATES OF PARCEL 10 PARCEL 11 1,000 SF OF OFFICE DEVELOPMENT TO 2.40 MULTI-FAMILY UNITS WITH A MAXIMUM OF 240 (14,539 SF EXISTING) UNITS, OR 1,000 SF OF OFFICE DEVELOPMENT TO 2.44 HOTEL ROOMS WITH A MAXIMUM OF (11.3D3 SF EXISTING) 244 UNITS ARE HEREBY ESTABLISHED FOR PARCEL 6 AS APPROVED BY ORDINANCE 6678-01. GULF-TO-BAY BOULEVARD COMMERCIAL 25,842 SF (RETAIL) (25.642 SF EMSIING) PARK PLACE DRI - MASTER DEVELOPMENT PLAN MAP H Gulf Coast Consultants, Inc. DATE: Land Development Consulting REVISED: FIGURE: AUGUST 22, 2003 DRAWN BY: RAW 234 D.U. (2]4 MULTI-FAMILY D.U. EXIST) NATURAL AREA 0 PARCEL 2 OFFICE 0°Jv MULTI-FAMILY 101,900 SF PARCEL 4 156 D.U. (101,900 SF EXISTING) (156 MULTI-FAMILY O.U. EXIST) Q PARK PLACE OFFICE SITE SITEWORK CONSTRUCTION PLANS SECTIONS 17, TOWNSHIP 29 S, RANGE 16 E PINELLAS COUNTY, FLORIDA LEGAL DESCRIPTION A PART OF LOT 1, S=t OF`RNA1AIC% INC PARK PLACE. AC MNO m TIE MM ON PIAT HEREOF AS RECGEMIro N RAT BOOK IDB. PAti to OF TIE NBTC RECORDS OF ME ODUN Y. FLORIDA BONO MORE PANDOIWBY DESCROIED AS FOIAOW4 BUai AT 11R NORIMANt CORNER OF SAN Lm 1: THENCE -WE. ALONG THE EAST ONE R SAD LOT 1. 30.43 FEE, THENCE LEAVNO SAD Mn LI& UDW14'N. SBH1 FEET; Rfloal S445Y14W, 15,25 FEET; THENCE &8DW4'W. MOO FEE- THEME NIA52 O!, 1110 FEE, THENCE SB753`14'W. 519.02 FEE, THENM 9.SBZOSrB, 26M FEET TO A POW ON THE -n UNE OF MD LOT 1. ALM BUNG A NON-TANGENT NRHE mNG14 EASTE % HAMNO A RAAUS OF 010.00 rMt. THENCE NOItTHD.Y ALONG MD - 14272 FEET THROJOH A GENIRAL N11AE OF ln4tr (CHORD ff/JaNO ILO 2k,. 112.39 FEET) M A POINT OF tBVEnSE OIALVE OONDW VESIEIiY HAM A RNA15 OF mw FEEF.. TRNHCE n21TriUE A30H0 SND HEST ONE THE """"a s WORSEC 11 NOFFHO LY NON. 5,eD DIM 41M FEET THRGEIm A COTIRAL ARGE or an.44r 60RO BEDWa Nm'464rE.41.D FMT)t 2) TFOEIM N0170SWE, 190411 FEE- 3) THENCE N4s4YA0'E, SLY FEET D THE NORTHNFST CORNER OF SAO LOT 1; - Sa958Y1 - NW. TIE NORni L aF SNo Lm 1. man FEET To THE POIM GE BEGDlIaNG efNTNMNG 7. ACRES MM OR tZ& bRIL THE fEGAL OFStldPTIaN SHORN ABOVE UES MHGELY RTTNN THE veS nm AS 9NRN IN Fl- NATRIN. mIE CLNIOT fl M FOR T F1 M9INANCE. LTNBa- NUMBER m m5 nauB W All N IN 11 -'TRACTOR TO CALL 'SUNSMNE STATE ONE CALL' 1-000-432-4770 48 HOURS PPoOR TO ANY CLEARING OR (DONSMUCTON FOR E.STWG UTmTY LO aoaS PREPARED FOR: HALLMARK DEVELOPMENT OF FLORIDA, INC 4500140th AVENUE NORTH, SUITE 101 CLEARWATER, FLORIDA 33762 PFKXe 0127) 538-7002 FAXL (727) 536-W4 PREPARED BY Gulf Coast Consulting, Inc. Land Development Consulting 13825 ICOT BLVD., SUITE 605 Clearwater, Florida 33760 Phone: (727) 524-1818 Fax: (727) 524-6090 DRAWING INDEX SHEET TITLE 1 COVER SHEET 2 EXISTING CONDITIONS/DEMOLITION PLAN 3 HORIZONTAL CONTROL, STRIPING, SIGNAGE & LIGHTING PLAN 4 SITE PLAN 5 PAVING, GRADING AND DRAINAGE DETAILS 6 PAVING, GRADING AND DRAINAGE DETAILS 7 WATER AND SANITARY SEWER DETAILS 6 WATER AND SANITARY SEWER DETAILS LAND USE SUMMARY ESistta t Z..ing: IRT (Industrial, Research and Technology) Site Area: 7.39 Acres (322,082 d) E.Whig Lead Use: IL (Industrial Limited) F.A.IL: Proposed 0.18 Maxirturn 0.65 Parldn t: Required Ofiee: 3/1000 sf = 172 spaces (7 Handicapped) (Based on 57,484 sf OfTiee) Proposed 233 spaces n Handicapped) Vehicular Use Area (VUA): 96,031 sf Interior Psrhtog Landscape Area: 16,508 sf (171/6) Impervious Surface Ratio (ISR): Proposed: 0.47 Required: 0.85 ma<. Building Height: 50 feel max. Building Brealulmvn: ButWiog A: 12,500 sf 1-Story Building B: 9,966 sf 2-Story Batldi.g C: 9,728 sf 2-Story Building D: 25,290 sf I-Story T.WI: 57,484 sP' Rewired Proposed m Pa kiru, Setback,: Front: Noah 20 feet 58.6 feel Front: East 20 feet 39.4 feet Front: West 20 feet 122.7 feel Side: South 15 feet 15 feel "PER THE DRI MAXIMUM OFFICE SQUARE FOOTAGE ALLOWED IS 63,300 SF as-am RENSED 12/12/07 DATE 3/2008 L:A11V114 13n11t 1 'l._/pp ; ly 6..a P.e L. 'lLf -L-f'1-I'?? limin 1 } ? `f`14s? .z''. r I I tst.mT P4 8L F t.? r R ? I J °?.a 3 1 y- 'A+ .l 4 nl l p< 41, s i }Ta - esa4 -t I. P'?.'. r? O :u D R E W STREET (C.R. 108) . op 100' R/W amK? ,.° .. ALL °mlan m.rz o I N89'56'1 KW ?u t ?r:g.mArz ®n 805.05'(P) 1 <n a K 9 -- ' ---------------' ----------------- °- - °-------- ------=°a" --- ---------------- ------------------ ------- n _ - v -- - - -u?-= usT3i eN:Ki4i-v°?±`m/"9Gtr.q_ ?I ,'r "Tu oa UU, ,r rv - 1j1'"?• _?}?°? -° ,_ ?1 ,l'°• ° ;? R? x?q?r Y rq ,r.q r°" `q ? ,? 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Hallmark Development of Florida, Inc. 4500 1401h Avenue N., Suite 101 PARK PLACE OFFICE SITE ®°Rmu°p'nim f0f Clearwater, Florida 33762"'? O ° mni " Phone: (727) 539-7002 Fax: (727)536-3574 EXISTING CONDITIONS/DEMOLITION PLAN`o=? - .rn m e O DREW STREET (C.R.108) 100' R/W ?r N89 56 1 1 °W ;;r^A II" 805.05'(P) 815.22'(L) P Vona ga a;;; ------------------__---__-------_----------- ----- --------------------------------------=----------------------- ------------------- i --------------------- xu« - -------------------- ill ?I b -----------F --- M'---------------- ------------------ ------ - -------- f --- / ------------ -------Ue- L I 1 I ,?--------------- ?- ? 4?,. e 1 III IoI I ! - IIACE \ - - - Ov) EXISTING RETENTION AREA I jjjj IIL'I Ic4 I a?lral -.? (ml rn ?e+= I Iiil II lai I I 1 3? , ?;? 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Au LIO G 1011 BE OMETIEO MN'M0.Y TTWYO TIE 10001E of THE SIZE 1 NL PMpNO 9'AC6 ARE MIIX BUYPER SLAPS. 6 l 111 ILL10411oC/1 EWIPMENT WU BE PUCED ON Rat ROOEM Gulf Coast Consulting, Iue?.'er•: r`.,, n,rl•I_n-<mrlore ??? ?IN,y s, Inc. Hallmark Development of Florida, Inc. 1,Im1]a.N°Pxoll Cobwwa PARK PLACE OFFICE SITE 3 4500 140th Avenue N., Suite Cleanvxter,Florida 33762 101 HORIZONTAL CONTROL STRIPING, ®;® WHOM= mm:6lae'" 8 .d mm„<aIa Phone: (727) 539-7002 Fax: (727)536-3574 SIGNAGE & LIGHTING PLAN '?"/°° mP? nNR. . . wTM ?° D R E W 2 A..0. - SmArm COPPER RERE NROA S T R E E T (C.R. 108) STORM PIPE CHART STORM CHART-, T mart IN I¢ / MOJNO Off PPE O ONE CRBIEIESPmnLFFRANT6 PIPE n115 MIRE IS TO BEPOmOx eRnMUWS an, SAlCES MME ONLY BE Te SL-1 El - -1.10 1 OO' R/W SWCWro sWPOve ORAR OevpUm an __V EX - EE - ]03] (N TE E 1 - _ - I 1 - f? n dT'9 nTY_ ,-e - L - 41. , EN MV EE - SI.aJ (5) .1 X003 IPPO _ 0Y TNE FHDNEER.. THE Wf2 6 T(1 N° N. A $? - TO ALL YAEYES TEES Arm FI9ONS \ - - EN-1 Sr-1 305 V - IB' R(P D Ill= EL - S)9] Va- MY 0. s- (E) ?^ - - - ?'- - -S- - - - ?,aN `? - 5oP'1_.,.v. con ST_I Sr-1 3]e U In IMP Y Y 11i ?2 v,Itr TYrf t' ° ? vaex ?A a Hv-J? Ur ) Nal. \ B" I ° yj°i lil. -j oP yh vnrt-.Ev e IN Ni I n 1. NN_ o d " " EnY.Jlx,Ell eDl " N89'56'1 1`1'W " A • ac OLT 0,1 805.05'(P) 815.22'(L) Ep re sm? ;imm n ---- _ _ -- ------ - - -- 1 R - ----- -----------------? -- ? - -- - - --------------------------- - -_-1 --- - _ e, s1nP it- 1r-ems 1 nM , ?. ? ?.- ;MNR V _ - - _ =T - =r;?rmi w 'I- - _ . t I /'- Illr'- =W E,osr?w'o?n.,«'?°?' ^?siT «>; »„?• t0«1, - n --- -- ------ --------- =e-- ---- --------------------- EOLT ----------------- - 1 ----------------------- ?'g1III SR°rN4, I II.I ea3?a? » y13EO°° R?'° .nur. nyVr-nw°OPpI?P.r? "IT roe rr ° n «? l iil'V ?OIIi ^?I I?I .I' I Rs"sy c - --;s- WAM - oirml ''' EXISTING RETENTION AREA has 'qI I? sr•I I I I I? I P.a ,?,?ii,INi? ae °°ms?x"(nal TOP ` Q Q Q E" 'i III Idi I I :I I I _ =mil- f gTI-?-`g? T I-- I>ii « I ' 'I 11 ? -' ?' I I I I I 11+ 1 1 1 1 1 1 WII I I III EXISTIi+C RETENTION AIiLiLA-?(\ -?' „q?° oxm (rro) \? r n _p ,(ins °b,?y.`*°' Ig 1111 P Y > s A2 / ( ?4 mP i' 'viii I II ' 5 m ?I 4 n M1 ??\ w) c DM° mmc f 1= vwa L I-nl 's I I 4I 'I it/ \ "?, •"-'?'? ,? '°' ... ?° Tim a" Aan l ?`? c.3,.nM,s,,,IN""?I I , nl i Al HIP /tee Ilr?- OFER I It= A I I 1 „-I a ?(Ilf i.\A SPACE Q / /\t ul 1 HE p7 r I I Ei?l I ,+ w I® I L, lWII no I i `? a ?'... } „ Effie agREwN PPE % i?/t//?yyM I jIW'^ ?Ll IUII"o I i I I °m naET ,EST ? smx A I 9.966 S.F. x y ,e I /R / w \I w, l 's°' III all t I I y ( n e,1 \ • xua . 2-Stay-- _N °nml ;? Ic m (*-? ?avc°?1 ?1 I /,.? II Ik?= « , ' Iy/N/./? PLAYGROUND y FF=44.90 D ` I ^' II `-Jas s "/ ti ` 6,000 &F. I ¢ ,nx b xaa mxx - - b/?F T e"v) co _ Gm I. a,. ?- ^n ll I .,,d . / In ( Ip{{I m9)w?O 25,290 S.F. AS QI II ii ° w" to ° ..4 « - A f .aa w I I ,u1 I u« I -,. ? 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I-NECT Tome-3W4(PLOEV, R. -ON coot lw) w SANITARY SEWER AfA1VNOLE CHART #21 Park Place Blvd. q) NL OEROiOI NUm K IN- BY A COIRUtigl RM A 6A4 IA On v FJIISTMG INTERIOR LANOSGPEDAREAS No FlRE LINES uun¢ Arm A SFPMATE ERYIT. P. sNxrMY TON v -E • 551 E°L SANITARY SEWER PIPE CHART ??I 1 1) OIIAAAIE 11AEr COVFRS/IAA1E5 MUST BE ARE TO wTMSTNm TT1E -T OF A egoco Its 0 IS M e0 a ITMY MMHIXE E°ST SMITHY 4MNDE h W TP PROPOSED 4VTERIOR LANG.,["APEDAREA9 ENEPRNCY y?DE ® CROSSIN ¢ - 4214 Ex F4 R - -4.0) (W) G DETAIL {.) PORmf MO ...N I{ FT TEnltt!L DENUNCE fM fAOA441CT VEMGES xrs AV - ]631 EX MY - ,91.75 3 M ,xe Ou=ptlm 1.A- - ON CIEAnMATER eENmI- Ins. EIEVAn@I - 0.e9. DATUM Bn5E0 ON H AN- VERI- MTVN ISSS. µ? PRePOSEn P,V EL `]SEq ME) (>PHREOh D gPF?O ?NL mmRE COATEq war 1. EYISrING I ATERWE SNONN ILES ON NsO.E GROUND E- REPORRn Wn1W?!E SNOWH BASED ON INTE PUNS PRONOEc 1- 11315-W,-OW gATm 1/l,m). TMY 4MHIXE ?1 55-. to ? - S- PIC O D{OS O) EL -57.40 ,1 - WGP O 6402 yTAv s. NL P_ SPICES IfO: N(M 011MPEA SIOPS IN, - 4. NE PVC WRIER t?,6 9V11 SE SOR-10 CAOO APE • Nr4N Gulf Coast Consulting, Inc. H„RI"I'R. Hallmark Development of Florida, Inc. - "°D?°?^^ D° 4 4500 140th Avenue N., Suite 101 PARK PLACE OFFICE SITE ® nr E' vP. i° Cle-ter, Florida 33762 ®; ? .... a ,T ,e.'ro SITE PLAN E,: mas,4mn Phone: (727) 539-7002 Fax: (727)536-3574 J/]+ m NOTEP?gt mau,n b a umnapntle I I PAnMINO BY asAeim PFANIT ywrt MLY 7255 FlNE e? a?OA FS ], 6,0 i'•E? r aN iR' ? am 1. 1 i °'°:,n = I, q NANOICAPPEO SIGN DETNL 3?: a e as IE Aepa 1,/t• per F t tTYn r" PepN.t<, iA o.,Prneerea,wete reA tmP et.a . <O ?CwpPC<ed to 90Y AAAnO i•100I NOTESi t elq NN.nent iplybe a .1 cmabvctlm EreeFpa aM ecaR pi tM1e -1 2 L ?coneb?cHm broebg. f: avb type mtl t-, 2 1 ANE ROAD trap vt PO Brlvev t ? '_"2?p Veerhp rioce ,:: I ...SubMeEe ..NOTES' e0 b. v vY veal Jant 2 Cmmt? ?nveba cl,nLL be 3000 pel, tbw nrvF reFfmcFp. STRAIGHT CURB O snP, clwnp?, - I NOTE1 u•u w Per weer ELM SECTION A-A SECTION B-B G ?? to SECTION C-C CONCRETE SWA?DETAIL ALy Y GUTTM CURB raT.s a FYet Cmh ONw v tl JeFI TYPICAL DRIVEWAY CROSS SECTION Fppd ` t w BM el GN m Aa1e w VvOrd NNe MU a vt? entbe OvC m. Bglon m M SNeveh Bed. Soe alt a 3 S NF AnvNl Strwt Y Cwnl> 0 Unee tw ? f t?4• _ y.p pF aNe, baU o . v. No. gape ... Teelve! Swlam ?. ? nCm to 0 100 P, \,n• Emandm .NFt .m JeFI a ea.at SECTION A-A SECTION B-B e.mMnw sm Me vro UV ?? Y , Fia?un? w r P • ew/lLL?a eveel a?vel arnaent eu m P;• O 0. P}• 4 to 6 to 6 PLAN GMe 2' Cl. { Eye Bolls $ee IMei ZDI ;-?--" •, Bar, o l2' CNe. SECTION TYPE E N. -.nd,d Y.I- Pip. Sam 3'-0• Wall-E4' PiOe ,'-6' Wall-36• PIP. TYPE E Al-WelOAI,65 tAS. UN- .-A. INIET COWis/en-a MIST OE A TD Mms- nM BEI(NT W A 00.000 l6 ENEAGENCY V C.E. Gulf Coast Consulting, Inc. Hallmark Development of Florida, Inc. M Emd RvdopPrn GwunF7 $ 4500 140th Avenue N., Suite 101 PARK PLACE OFFICE SITE n ?s w Clearwater, Florida 33762 PAVING, GRADING & DRAINAGE DETAILS p ra ?n>rl a Phone: (727) 539-7002 Far: (727)536-3574 ?e® _ 4/aa o t- Y ny. r w MGM mle•X lT?vn m wYp0. n)M nun weq e_n?nr.?iWnwf .pw. e?nl.?iX?Ynn ?n mme?.^m.?Pmm?re. waw en.m.M.w x e..,e .nM.MM rr/ TXAX rw .. Awn Ianx :m a?e.m ?-?? Wwvd nm eN .Ft?arlM hl. ?n.l n Heareilr n.n xnFnnnw si nw >• rn? M.+mr nr rw ??l?t ?.nde n.{ n.Tnl.T n Maxw. benx mw y IssT ti? ]/Y? e. eiT?p?n r.r.?apw?i Awr.M v b ??P i.m. m{ r ^nemi mwrn .^n.?ixu ?Nea w tyc?wr? w?Mn?gl ?) ?w.i?w ? A w.I ? M eA wru AN? y= un??ne RXin?mlhQR°°irwx emc ruM/-nrPr O v / {tea m. PLAN nm `" de Seel - .I Flee Bg j Q- (tro) ?I I I II u I I ae2 CIWINLDI( SWUNG GATE WITH N le 00 'f-PLASTIC FRIERS TTIPI "L I? j------?'? PLAN t ro Tk bvan eNt 1-X9 eeu$ antNu tlearur2?ce nIn « y?"P) pate c-ex9 a< +• 9' tlrop ter Grade ? ') Gratle 14' , 6 B 3000 psL concrete B'z Ib' cvnvete cab eIM fRar neAM1 :vvtbg Inio-clnp - / 2- XS rebw no-?re- 6'.6' / 1-0 V.V.F. ELEVATION cQARR+TmxmweA A T/eRra ® ,vow J[;d Xrq ntr n,y r J r rte. t? tldf.n.... e I mti ?.vi'W - neer vrN t. rwTb ? e- n r.nY.e. ELEVATION °O""."ones ® aye I' us "INIXIX OR AppITIGNAL PANELS AS 4' "III OR F1a1RAlP VIDTH REQUIRED. TIP. ..DLLRAMP In. UM. a! N t Li: •:.::°?.. <24'x24• uxrt, 2 UNITS sxovro QI'NB' STAMP SNDVN> CAST IN RACE DETECTABLE IMPRINTED DETECTABLE VARNt?a-? TILE WARNING SURFAM AS PER MATERIAL AND t=ATIGN TRIFMATED ®IE, SEE DETAR L6• XIR TO 24' NML VARIEL LB' MR To N.4' NAL DIA TOP DIA TD SE 502 Dl TO 653 dF IE BASE DIA TEGRAL a.- N o sa.'e:: :O ee:: e'e vve e aae H. eererraeeee•eaeee• eue + 2' TYP. T GONE PATTERN SNALOL•BE I e IHE 02'. TYPICAL WITH DIRECTION pF iGVEL? MR. Tp 1M% TYPICAL PLAN VIEW TRUNCATED DINE DETECTABLE YARNING PATTERN AND SURFACE TYPES NNtV@OSP?QiX.LLt Ssdsons.AnT A?Ar I's A IM [IMAM {P9?e )Q -TTTIE ITS AS A 1"MEACNR[0 XT STAIOxATE a OW TNR 61S XTE: WW" S v Au luTwnt RIXL TRUNCATED DOME DETAIL -FOOT 6304 u? mLYMA x.'Xa.no \ 4/1 _ REIURNEO CLRR RAMPS B InMTBiuT g ElFVATON A-A / ? tl01@ TO a nQwa? e1i oe9mavaA mm .w Fr Al Ternlnal Nanbvls NM Hvle7 S I I E R Q Nan SNItl Rvputree RegiA-ee SOLID COVER .• 7- 2' xawnea sTrfae. SOLID COVER SECTION XNMUx VeIBM1t 12B Ibz !NA { RvgWee RING - HALF PLAN ?S 36• YI' xaax,ee swfa b RING - SECTION Mnhn VelpM1t ]• 232 Ibx NO- 9. 278 lbs. hno ?ee?^tNe?w ue 9• wV. g W m w e uyvv N Ir/ Qtyaen ,zmtN eW1 nr .Year C?ypf?xl?iu?idSIMB X STORM SEWER MANHOLE COVER DETAIL A .a. RK 0, To S? Plp, SAUare Bvt PeMttee PLAN SECTION A"A B C '? 1 E P G TES A Aallve 0'- {' 6' 4' Maz 2{• Ma: R' 13 a< 12' EV. 1. Ml co-2rete tv be 3000 - 2 Stantlo-d 4.1'- 1• 3'-6' 6• Maz 4' - Naz R' XS at 10' EW. P- Dee Oe In - 14- ]' 10' 1 3•-6• 7-114- 1' 48' Xaz 12' tl5 ak 10' LV, reLxitar nesM1 S' 4B' Maz 12' AS at 10' EV. RP S x.T v Aou?ffW ! TORM SEWER MANHOLE DETAIL .s Gulf Coast Consulting, Inc. y.AU ,PnI Hallmark Development of Florida, Inc.. ^bP ° -4 PARK PLACE OFFICE SITE n 6 4500 14001 Avenue N., Suite l0l s- 1- fie' Cleamater, Florida 33762 PAVING, GRADING & DRAINAGE DETAILS - - a a anQ.. P Phone: (727) 539-7002 Fax: (727)5363574 a.`PM ^5R e . 8 MOTES. 1. 2' PVC CONBUIT TO EXTEND 2' BEHIND BACK OF CURB, BOTH SIDES OF ROADVAY OUT REWIRED ON SERVICE REPLACEMENT). Z PVC CONDUIT TO BE MIR 18' BELOW THE SURFACE MEASURED FROM TOP OF FACE OF MRS. 3 WATER MAINS TO BE MIR 30' BELOW GRADE and APPROX. 4' BACK OF CURB 4. CURB STOP TO BE LOCATED APPROX. I FOOT BACK OF RIGHT-O-WAY. S SERVICE LINE TO BE MIR 12' and MAX. IS- BELOW GRADE E 5 a H-2' (TYP.I -4 1' f IB'Mh 12'-la' 3D' Mln. 314• PAII.Iene Voter Servlce %bhg ied- Curb Stap h 2' PVC Cand- Co-poratlan Step (T'EI (Typ 918' Reter) ITyp) Va<er Maln WATER MAIN SERVICE LINES TYPICAL SECTION N.T.S. TYPICAL VALVE SETTING nts ?4vrtBm \ ? r•?\ 2 set Base an Ip-e M AD tx. e \ h M.aM m,t Wd.f ?a? ?Md„ TYPICAL FIRE HYDRANT SETTING 8 nta Bvcb PP -b pn 4• ePoYe.ent es. Air Be• E4• X o CC ?vdve a L ?Mech Jeht valve OfILY APPROVE ANemetl? WtvrMnean M-BID No- A 423 LLS Pp xetraPaumn )oTES ?Restrmd,.o /alnt ITYP) F- te L Steeneg Cannecthn tt face Street ve 5 I/4' wIw Seet tRAUuim, e Hydreyrtv ShAO br Race! At Stmt [mwrv .1-1 to Sae Lat u,ev vet Poevble. - 4. SeeeAee< 3 P: Typkel Camectlam 1 F1tt6gs 1=1 kmz- W. TEMPORARY BLOWOFF a' Beu vAE_ AND SAMPLE TAP _ / Hat. nuv°nh.e-/ e' Gd x 2' Carpo-xtlo? Tappbp seddlx--?O I aectrem.r? TOP CONNECTION Teppetl Rup END CONNECTION Stop Less Check MUELLER H14350 xIth Lack VIu and Conpresslpn )Met or approved equal Threaded Cog aration Stop arEI` AT ;ed 8 < TM AT 5'ANGL ANGLE > Saddle required an V P.V.C. anly Va<er Servlce TUbing Satldle sM1All have tlwble Drls_Ipe 5100 or Endot/Yardley ctoMless steel straps Blue Jet, SDR 9, NINE Palyethyl®,e wIN epoxy tad tluctRe Ironcb,"Y' Water MDIn NOTES. 1. WATER )WINS TO BE ON NORTH ar EAST SIDE OF RAW., APPROR 4 FT. BALK OF CURB UNLESS OTHERWISE AUTHORIZED BY CITY ENGINEER. 2. SERVICE CONNECTIONS TO BE 2 FT. FROM SIDE LOT LINE ON EITHER SIDE OF LOT (SEE SHEET NU. 3). THESE SERVICES TO BE CONSISTENT WITHIN THE SUBDIVISNtL DRIVEVAYS SHALL NOT BE BUILT OVER METERS 3. ALL LINES SHALL BE CHLORINATED and PRESSURE TESTED (TEST FOR UK HOUR B 150 P.S.I.I UNDER THE DIRECTION OF THE UTILITIES DEPARTMENT. AFTER SUCCESSFUL COMPLETION OF THE TESTING and CHLORINATION, THE PRESSURE SHALL REMAIN ON THE SYSTEM AT ALL TIRES 4. TEN FT. SEPARATION REWIRED BETWEEN PARALLEL WATER 6 SANITARY SEVER LINES 5. SADDLE IS REWIRED FOR ALL SERVICE CONNECTIONS TO 4' PVC MAINS SADDLE IS REQUIRED FOR 2' SERVICE CONNECTIONS TO 6' - LARGER PVC MAINS LARGEST SERVICE CONNECTION TO A 4' MAIN IS 1 1/2' and LARGEST TO ANY MAIN IS 2'. C MINIRDI DISTANCE BETVEEN SERVICE TAPS IS BE MOT LESS THAN 36'. Threaded Corpolotion Step Curb StaP MUELLER H15008 / MUELLER H14350 with Loch Wlnp A. (Tap , Caepresslan Inlet or approved egad r apopro 45ve' d e Angle) qual Saddle If Requbed See Note 5 \ Water Service Tuieft l Drlscoplpe 5100 or Endat/YOrWey Sadde shall Maur dwhle O Blue Jet, SDR 9. 3408 Polyethylene wtabdess s ceoel !raps Ith epoxy tad ductile 0^an Y. yafer MAIn SERVICE CONNECTTON DETAIL N.T.S. P.V,C. PIPE RESTRAINT -11 EX I L -I- ReStrvher IT- ( ¢ Ehbe 1500 Serlrv IT,P NOa ELBOWS Itl iVlRTS D ;r. TS awt a n I vm Rua Imo PIPE AMa FMO 513 It25 2230 4 eD)90 2 9 aurentw?, 6 6 M B DUCTILE IRON PIPE RESTRAINT RevtrahhB Cadet li L Thrvst Reetrelnt (TIP) rt ?( r?Rev war t u wag VmERT1UL OFFS NEIL S ww v E SE OEAO 213 UND 2250E t T e =' wee. mM ,T. M x: B 6 16 9T 6 IIT A w o Gulf Coast Consulting, Inc. Hallmark Development of Florida, Inc. PARK PLACE OFFICE SITE 7 4500 140th Avenue N., Suite 101 m nLr;iim am Cleenvaler, Florida 33762 WATER & SEWER DETAILS (nmN.leie s®•® M _fi?_ - -. - j . yd mnss.4aM Phone: (727) 539-7002 FDX: (727)5363574 8 Lot Lot NpTE. SANITARY LATERALS TO BE I I I `Tide Lot Line WITHIN 10' OF CENTER W LOT ON (TYP'1 DOWNHILL SIDE Y CENTER W LOT. SERVICE LOCATIONS DETAIL N.T.S. NOTE- 3•-0" DIAMETER TYPE "A" MANHOLE SHALL BE USED AT THE END GF ALL B" SEVERS WHERE MANHOLE DEPTH DOES HOT Finish grnde to R/W EXCEED 4'-0" OR EXCEPT AS NOTED DTHERVISE IN PLANS .it.. fl4' n'I, 1.0' maN. fall from CI. FRAME L COVER PraPertY lints to NOTE MMm- 36' Behind Back Of Curb SE Dr Edga of PLVeme NOTE 2 L PRECAST WALL THICKNESS SHALL BE 6" FOR ALL i 361 pltle•alk l DEPTHS AND REINFORCED PER ASTM C-478 AND WITH CONCRETE CONSISTING W 4000 PSI AT 28 'AV MAYS, TYPE 11 PORTLAND CEMENT. 2 ALL RISER UNITS SHALL HAVE A MINI" HEIGHT OF 12" WITH THE CONCENTRIC CONE SET BETWEEN I SEE NOTE 22 12" FNND 114 112" BELOW THE BOTTOM OF MANHOLE DCOW RANE. A T N. ' X 3. ALL TONGUE AND GRIGVE JOINTS SHALL BE JOINED Double-Sweep T. 30'-36' or as SEE HOTE t ?pI?? AND COMPLETELY SEALED WITH RAN-NEC PER ?Ireoted by SEE TABLE . STANDARD SPECIFICATION. the City •?? 4. ALL INTERIOR AND EXTERIOR MANHOLE SURFACES E[a1? If.6 SHALL BE PREPARED FOR COATING AND COATED WITH AT LEAST 15 NILS DRY THICKNESS OF PROCO i -214-351 EPOXI-MASTIC AS MANUFACTURED BY EP CITY OWNED HOMEOWNER OWNED •• `4 :?•,i. .: • PROTECTIVE COATINGS INC. PER CITY SPECIFICATIONS AND AND MAINTAINED MAINTAINED 6" MIN. DEPTH 1r 3/4" ROCK p4 B a" O.C. OR AS DIRECTED J 3. SUBMITTAL FOR APPROVAL SHALL BE MADE OF BY ENGINEER SECTION EACH WAY, 1 1/2" PRECAST MANHOLE SHOP DRAWINGS. MANHOLE 6' Service Lateral COVER OVER BAR MAY FRAMES AND COVERS, METHODS TO BE USED IN SEALING, JOINING AND COATING MANHOLE Main ANY VARIANCE MUST HAVE SECTIONS BEFORE CONSTRUCTION BEGINS SECTION WRITTEN APPROVAL OF THE CITY 6. GASKETEO MANHOLE CONNECTORS SHALL BE ENGINEER. SUBMITTED TO PINELLAS COUNTY PRIOR To USE. FOR GROUTED CONNECTION USING PVC PIPE, A SUITABLE ADAPTER REQUIRED. 7. 'FLAT TOP" OR HORIZONTAL SLAB MANHOLE TOPS ARE Nor PERMITTED ON 3' OR 4' DIAMETERS. ® fl AN OUTSIDE OR INSIDE PVC DROP CRINECTION IS STREET LATERAL REQUIRED WHERE INLET IS GREATER THAN 2' ABOVE DETAIL DRMITI INVE T. A S 2p OR LESSWABOVELN BIHVRY TRUCTEO ON N.T.S. TABLE MIA FOR PIPES PLAN 4'-0" 21" L UNDER STANDARD MANHOLE S'-0" 30" L 36" 6'-0" 42"LOVER Lot 2, II- Lot Let STANDARD B. DROP MANHOLE DETAIL r/.One N.i.S. a ______Water Mnln_-_r_______________ ------------------------- ________________ Curb -_--- O i at Sri M.N., (TYP.1 Smitar Lnt...I Curbs o D o yP Sidewalk 2 Non-Penetrating D IT ° Pick Holes o ? ° 0 ° D ° r/w line'/ • 6 2' Joht H PIPe mtry 0 S A N I at A R Y 0 -lo' Do° a °00 NOTE. SANITARY LATERALS TO BE 2 ?I^ ?SIAe Lot Llne Lot 0° S E ° R O WITHIN 1o• OF CENTER OF LOT ON (Typ.) ° O ° 0 0 ° DOWNHILL SIDE OF CENTER OF LOT. PLAN VIEW ° O ° Rh M)L E of Street Voter Mnln _ L SOLID COVER Sanltory M01n Cdr T 21 5 1/2' 1 N ?-- 25 3/A'-I Iljl ` PROFILE 29 RING - SECTION -r SANITARY LATERAL Weight 85 lb.. LOCATIONS NOTES SOLID COVER SECTION N.T.S. 1. U.S. Foundry No. 117 Ring And BL Cover, Or yy EqV 120 lbs. SANITARY SEWER MANHOLE COVER N.T.S. GulfCoosEConsulting,Inc. D..ALLI.I.a.Hallmark Development ofFlorida, Inc. 4500 14014- Avenue N., Suite lOl PARK PLACE OFFICE SITE LM Cleamaler, Florida 33762 WATER & SEWER DETAILS BfT.?pie ®•® O Ta<e'n1I?°^ Phone: (727) 539-7002 FaN: (727)536-3574??? aMAm • O LAKESIDE OFFICES AT PARK PLACE LEGAL DESCRIPTION LEGAL DE5 PTON: (PRONOEO) A TRACT OF LINO LTNU WITHIN THE NORTHWEST 9 M SECTION 17, TOWNSHIP 29 SCOW, RANGE 16 FAST, PINELLAS COUNTY" FLORIDA, BEING MORE PARTCUlAISY OBSCNBED AS FOLINWS CON SINCE AT THE CENTER M SAID SECTION 17. A= BEING THE POINT OF INTERSECTION OF THE CENIFWINE4 OF CULF-TO-BAY BLVD (SR. 60) AND HAMPTON ROAD (CR. 144h THENCE 8 8948'01' W ALONG THE SOITH NINE OF SAID NORTHWEST 14 AND THE CENTERLINE OF GUI BLVD 660.00 FEET, THENCE N 0019'21' W" SO FEET TO A PONT ON THE NORTH RIGHT-OF-WAY NINE OF SAID GUIF-'I1tiBAT St..; THENCE CONTINUE N 001921' W. 260.02 FEET; THENCE N 69'46'01' E. 627,00 FEET To A PONT ON THE WEST RIGHT-CF-RAY NINE OF SAD HANPTTWN ROAD TCR 1M): THENCE N 001921' IN ALONG BAIL RIOIT-OF-WAY ME MM32 FEET ALONG A NINE 33 FEET WFSi OF AND PARALLEL NM TIE EAST NINE OF SAID NORMWIST 1/4 OF SECTOR 17 TO THE POINT OF SEGNNMG: THENCE S 3091'50' W. 50LO FEET, THENCE s BT39'1o' R. 22208 FEET. THENCE s B9'M'39' R. 2582 FEET. THENCE N 0019'21' W. 181.61 FEET; THENCE s 89'40'39' W, 14554 FEET. THENCE N 0018'21' W. 3135 FEED, THENCE N 29'48'01' E, BS9O Fir r; 1HENCE N 3013'59' W. 7578 FEET; THENCE N 3091'50' E, 211.83 FEET. THENCE S 5958.10' E. 19500 FEE; THENCE N 3091'50' E. 27S.B5 FEET; THENCE S 8518121' E, 24227 FEET TO A POINT ON SAN Y RIGHT-OF-WAY UNE. THENCE ALONG SAN RIGHT-0 -MY ALONG A LINE 33 WEST OF MID PARALLEL W1 EAST LINE OF NORTHWEST 9 OF SECTION W. 9 0019'21' L 200.00 FEET To THE PONT OF BEGINNNC CONTAINING 8.18 ACRES MORE OR LEA ' t.&?1Poh d?? hP N hd L??d?l N.. llsi D i P4 31 IS y wd ,w PI?f?JEC2 IOIfC#`N?\ 1i 3 sl io is I?'I I I ih?Q^ ?, II? J ??5?-.yyb9b .B t ? 11,m ? >L Y ?f NI G ? "? N I P 7 1 1 ? . ?o19Aeemrrts W A R N I N G CONTRACTOR TO CALL 'SUNSHINE STATE ME GA I-aB0-432-4770 4B HOURS PRIOR TO ANY CLEARING OR CONSTRUCTION FOR ENSRNG UTUTY LOCATIONS PREPARED FOR Mid-Pinellas Office Park, Inc. 4500 -140th Avenue North, Suite 101 Clearwater, Florida 33762 Ph"m (727) 5M-7002 Far. (727)536-M74 PREPARED BY 355 PARK PLACE BOULEVARD SITEWORK CONSTRUCTION PLANS SECTIONS 17, TOWNSHIP 29 S, RANGE 16 E PINELLAS COUNTY, FLORIDA LOCATION MAP Gulf Coast Consulting, Inc. Land Development Consulting 13825 ICOT BLVD., SUITE 605 Clearwater, Florida 33760 Phone: (727)524-1818 Fax: (727) 524-6090 DRAWING INDEX SHEET TITLE 1 COVER SHEET 2 EXISTING CONDITIONS/DEMOLITION PLAN 3 HORIZONTAL CONTROL, STRIPING, SIGNAGE & LIGHTING PLAN 4 SITE PLAN 5 POND UNDERDRAIN CONSTRUCTION PLAN 6 PAVING, GRADING AND DRANAGE DETAILS I 7 PAVING, GRADNG AND DRA NAGE DETALS a WATER AND SANITARY SEWER DETAILS 9 WATER AND SANITARY SEWER DETAILS LAND USE SUMMARY Esistine Zonim C(Commercial) Site Area: 6.16 Acres (268,330 st) EAi t(ng La9d Use: Office FA.R.: Proposed 0.32 Maximum 0.40 PnrWn¢: Required 4/1000 sf=340 spaces (Based on 85,000 50 Proposed 351 spaces (9 Handicapped) Vehicular Use Area (V UA): 142,977 sf (53%) Interior ParklGg Land scape Area: 37,288 sf (14%) 1.1-ious Surface Ratio (ISR): Proposed: 0.66 (4.06 Acres - 177,046 st) Required: 0.85 1nBY. OpeG Space: 2.10 Acres (91,284 sf) (0.34) Building Height. 25'-50' permitted-46'pmposed Building size: 85,000 sf (0.32 FAR) (0.40 Max Pemutted) Required Proposed to Parking Proposed to Building Sethaclo: Front 25 feet 25 feet 129 feel Side 40 - 10 feet 5 feel (s) 168 feet (S) Rear •10-20 feet 10 feet (w) 82'(W) " PER LEVEL ONE CRITERIA 06-M DATE W27/00 wLOT 2 dd?P6a aGt? 10, 0m.m •.+.? gq {,.n,. LOT 2R?w 0' 20' 17 BV °t r Sr"r- 1'.40' 1.1 2 LEff= \\ *??r b ?? s' ?1? ?/ +.+Ir ? r?/ l/ ^? I r muv..?mi ... •? ®mzmra / 6 - •°' ?b / ! p . I TREE LEGEND 30 4? ? 4I yI _ _ . _ a 6t'?iti4°& n_ k • z NGUM. ,wet wy • ow '? " II •,S '? d I ( 1. F AnONS G.S4D ON CIF/IM'NFR fiD1eNYNe( JM& QUWAT10N -69. MT WED GN NONDI ! .? n MEDICAN VEBDML DATUM 1986. • `y'"m:",-,"'°`.??, '' ;./! •?'p ? ?I a z omTwG rumwNE sxowx evEG oN AfivrE mouNO eaoEn¢ +x ?' 3. THE SUfiJECf PBOPDOY APPEAn9 Te BE N ROOD ZONE V. N ACCDfi NCE WITH RRM MAP (A 1 .i I !/ ?Nn 49 {I /1210]CG196D, PNGL COUNTY, MWOA, DATED 09-0.7-0.7 0 a a I,. F?E? `I ? r s ! @ I GULF TO BAY BOULLYAflO (S.fl. 60) nmr..ul?. r,,. .u.1 1r• en GuIrCG66L Comulting, Inc. Mid-Pinellas Office Park, Inc. LAKESIDE OFFICES AT PARK PLACE Lnd Devclu cJ CmeWtly .. 4500 - 140Th Avenue North, Suite IOI 2 w EXISTING CONDITIONS/DEMOLITION PLAN --•- rre? mm1.-..?. Clc6nvetcr, Florida 33762 s®.® ••^ anr- Phone: (727) 539-7002 Fam: (727)536-3574m..??? .,.. /am 9 IAKM D• z? ,? aa• SCALL' l'-40' eOg°r OT LOT iEBEU LZ2 _ my save - sam?n uort LINE TABLE LINE LENGTH BEARING LI 25.02 SB9'1a'39'V l2 3L34 N00'19'P1'V TREE LEGEND Q .. m ? wv.m ?.wm vnm m ® uvA •F .m NOTES 1. GRME COLLECTION WILL BE BY COMPACTOR L ALL UGHNIO WILL BE ORIENTED INWARDLY VW THE MIDDLE OF THE SUE. I ALL PARKING SPACES ARE WITH WHEEL STOPS ti ALL MOVES WILL BE P ED UNDER GROUND Y Gulf Coast Consulting, Inc. ,i. M??nx Mid-Pinellas Office Park, Inc. .? .. ouerrv+ LAKESIDE OFFICES AT PARK PLACE as a a o n as D aM E m 3 4300 -140th Avenue North, Suite 101 mneYm Iavm rm av + mvaa+,s .m n 1Q "' °eOm Florida 33762 Clearwater HORIZONTAL CONTROL, STRIPING, T `? EMU oaaG e EMU m?n.ieu ra mn-- , Phone: (727) 339-7002 Fm (727)336-3374 SIGNAGE & LIGHTING PLAN Mae ` "" 9 1. oNt am AWETS ro fiPC-2001 (x0®A EOE PREVIIInw CODE 200'1 M TY 0 °E.rRNA1EA SDEOnCAnwS 2 ALL MIOEr1ER011ND ImE YM6 WS! 9E m5lALLE? BT A E'wMACIw YM A C1A55 YM? V UCFN¢ AXO11A SFPAMIE PEMrt ANO RMIS 3 AmAeETAm 11?FTmVER11CAE CIfMIMCE AT M9AnwATSEa OmvE u51E5 M BE MANVEPSID BT f0¢ OEPAPM3!! a EYF1tmICY A°9CU3 r S EmE lME AFTET I61EP5 AMD oa1BLE DETECTw - AsSEYBU6 ro BE RES A_. r a BU1?IHO MI9 YEEr OnOVwI¢ No. -7a- 7. STSIQrs IS41eA,MWS fOP BUl°XOS UNeEACNGINo FIFE IIN6 ANO HHIPIMMSwOE mSINIID, TF9E0 INO INS PRRm To CONSMIICaw. AN. 9. YNMNx AT LrAST 10 IT Cl£/AWCE fPW THE REAR OF fWE HNMMS. 0. NNMNN AT - 73 R CEFMNICE FRW ALL 506 OF ME imE OFPAPIYFNr CONXECaOx tlx: EiFVA1pNS RASED w °fARFA1FA BYttHMNilt 9F15. REVATw - aa.89. a11VY BA4n w HORM ANEmCNI VERIICN. aATUN 19ea 1 EOSN10 WATFAIIHE SHNWI eA5E0 ON Nr0.E CROI2m EVODICE. 3 ALL PHewD SPAS ARE WPx WxEEL sNPi ' a. EASRIG Ur81EA01WX fAIER S151EN t0 Bf mPUftD WITH A NEW 5151EY. REPIILHO E)asI1NE e11N A XFH wE 5 LONSq°0a NMORLWCE INO 11NOSOIa 006 HOE PEnla¢ A PEIMN OR PEmtlr N0081GTw. PER SWIYWIa a SEE SMEr) Di a rOP AOe1pW1 tp16. n?^-~O?O' LOT ? ? 2 e +p a- 1^P1 °?so ?///RED M.•mj? RAn.mm0EM60EC' OMRrIO S ?.Y ZV, to (WAOEf?AO ttN6? r? .t .5? ?? faro. -6'.7•?'o??r-r =tee /?d y i8 =1_1INTS 3 STQ,RY 85,000 S.F. BUILDING AN n,o-x emm•eTUnx9 l / `f II 11F F.F. D--34.64A v.4 ANOm )(er Tr. ?+ \/j r - NE e^maaa?-1e) nREu J'? •? _° v A _ am0 fTP] # :5,? l ary-J °.a -a. a IB'MN )CB .tan Ima-s) Owuu ? , @ a' i,REIME II `11 +? 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S WHEN TIE fa1D RTW(rs CIINREIED, A LOWlE1E SEi 0 SNmED AND .eu m CNa RFCORO OPAY91V4 PrtnEr2m ALL U10.11Y PPE IOGiNNS. Untm POE MVERr 1?a' 1ro ME (1) YFAa WNIIUMY 6 r1ATFm1l5 .Y?0 WOMWN9IP, MIST eE PROWOEO rOP ArMI16 AW OPAA Elfl'ATws WRNN ME WM FASEIIFM NSA) Alm =An N1Iro A! aovE m aEV sse 'PEN ITITa A11 REa1mED nEr1s NRE sumNnm AND ACCFP1ro e< ME arc v sr. PEnMr Wu i1 RM]r mmax T2 arc WIY ME E ( GULF TO BAY BOULEVARD 6R. 60) 6ua ? IL' M: 'e. LoIOW VIE_ YBIN N ff1S010INKE BONG RILL 1 N810To L PEPMr COtMI0N4 ISSNR II O Gulf Coast Consoltin Inc. s aTr.ao aw9 cmWmNP r rra....?, 'R Mid-Pinellas Office Park, Inc. n]aELAKESIDE OFFICES AT PARK PLACE ...mxr ?..w b oEn - 4 P R ? 4500 - 140th Avenue Nonlr, Suite lOl mneiaT ro m n w'ri;w morel-1.1e Clearwater, Florida 33762 SITE PLAN ®® I Ann -1 „e (? P? mnrl•e9w Phone: (727) 539.7002 Fax: (727)536-3574 12/nAne 2• `/ _ frasNlO 19••]0• FPe / HIS• J ?-•?I EN9Rx9 ]e WA,En I :a ]a I I I e I ? N? Im u+o .,.. w v, ,u ?• Np ,maurc SIO BANK IND R6RATN SYSTEM DETAIL =hw ONO %=--SECTION POB m'?Ie a I-ASi / t n ( lnlu a, wqm) B r N• ?=I 8' CURB OPENNING n' SLT FENLE (TYP) Y II u? I n reaup?pp u Nv ?I a / /n-A nl K F,I o b 5 l ¢ CROSSNG DUAL 'C' GA2EB0 (BY OTHERS)I Z ' 6" CUfla (TYP.) y &I O & s / B' CURB RENNIN Iz I- 3 ?I 0- ?s? ••b? Y ?5I ¢ ;/ I Z ZI ? 2 I?R XI / PROPOSED SPILLWAY Ci 6 .. SLT FENCE (TIP) p1 CONSTRUCT UNDERDRMN 3 REPLACE EXISTING SYSTEM o' 15 30' 60' SCALL. - - WITH A NEW SYSTEM AS SHOWN (PER om v Pae PROPOSED SPILLWAY Am DETAIL ON SHEET 5) CLEANOUT 6/n I ST-N m,yl,? , IE = 23.29 m?rT Et - e. kAm E YIV El - ]MT FN15 M PMN 2 rl F PROPOSED TOE OF SLOPE EL = 2260 _ ? SS7'39'10 W END ,n ..+` IE = 23.26 222.06' FILTER m- m rt Wrt 140 LF - 6- UNDERDRAIN 16] LF - 6" UNDETTD i e ,ua ry,¢ u aF ` rm Tta u?ANw;_ mnpA l CCNSTRUCT 10 I a[ ,? NON-PERFMATED PVG aura / 1 CONSTRUCT 10 OF NON-PERFCRA PVC. bona - z;° N J.rbJ4NL ct N1mA smucnPE CONNECT 6' PVC UNDERDRAIN TO EXCA.. SLOPE TO TOE 126 EXISTING CONTROL STRUCTURE AT a.?? a ?uw- s [n rm a -men EL-23.26 F M Gulf Coast Consulting, Inc. Mid-Pinellas Office Park Inc AI ° D`° u'-! C"°" , . 101 4500 140 h A N d S i LAKESIDE OFFICES AT PARK PLACE 5 q? ?, a m n - t vrnue or t, u te Clearwater Florida 33762 POND UNDERDRAIN CONSTRUCTION PLAN mns:um Ta mn r1 , Phone: (727) 539-7002 FIX: (727)536-3374 9 n / OPDSFI) SPILLWAY (rm) slaps t?.b Pz at Sef NpM1et<I ova c¢vae ? •• . •• •• • CnuM1etl cmvete LRR IDI s<¢tAN:em¢ . 9m .¢h an NOTES. W [mpeetee m A,DRO T-lam L Pn? en[ n¢<erV¢b end <M1klmezz, entl haze nelM¢b m MkKneal ?1 bed tea N c¢nzbe¢tlen dae[yz ¢ s.e ?wtrucMn mamYnm fx %we type p.a mne 2 LANE ROAD ,'%B• NtM¢MNg Cons to P¢rers V¢sh Sontl/[anent NI Int¢ J¢Ints r1/2• - 3/4• Swd Set[InR Chmrs 1 er to 3000' S`SUe Cut E-t Asph 1r6• t- CanNezh I 1 VIM fIDer rEdstlnR AsPhWt 4' D,, rot ML DH... `'' 1• r I 1-1/2'N V.nrlne S-cce m ? ?A?.'":: ease NOTES Throe shmLL hap V2• ceN ,plot hetzeen h¢cN of curb entl rbMepy. CC.nv.te N cubs ahW1 he 3mo pc4 finer Ma nhfvranp, STRAIGHT CURB N.19. APR. VARIES (ON POND BOTTON) ?OpE lT1P.I iC A:1 ARI POND 4. Ron. 4' CLASR 'A' CONCRETE I II 6.8-110 B.W.N. -T 1-{ LL NRB ON 4' CONCRETE FLUME WITH APRON DETAIL t/2• Expnnslhn JM Sl: bE Subprmde NTS FSV 60 2-A4 Oef¢rned flebvr ftypf xt. exposed crnmate etlBes to he heM tooled PAVING HEADER DETAIL CONCRETE REPLACEMENT REOUIRM b FOR UIIIITY CONSTRUCTION 1 C' 14 - REBM [SOME ?l0U5 STOP O SOME FAOI OF CJ'S t?A uil e?%IUmII 6' - fl0UN0 EDGE ST O. '-4• SIRIICK -T _ _ SLOPE h PA-.T PLAN Rine E T OY ?? A• " R E• CL { ? ede H 8 H ( CONtltER: 90EWALI( ?' vYm - m1N RxR W1.4-4 -.4 GRASS AREA PARKING AREA (TYP.) INTEGRAL CURB & SIDEWALK b +? "+A-> NTS Y'Ch? CURB TRANSITION AT PARKING rom.. w.c a,N SE T! N PLAN AffA eNx TYPE E nts } _ Approx. WeIOM 4fi5 lAS. tlP'?? "? s3 53 4' muss PLUG +C 14 •°? 4 F• 9 a>w ?' ? GMe tl01EL T BE 2° C6 1 See Meex >n/ vhaai CIA eoo IHS?mAFRGEHCYSVEH CIE TO NINSTANO ME CONC. PAD A [ 1 y W/R1B' W.WE. vaww .w l1 s9 NECfAAN?ENOm BY NnTE,' °[ wy e'•ne1y • ?T? O /r°SanCfrs. THE PNE ae` ?r f?d.ewti cppv.m. t?l MANUFACTURER T. .rw• mhnwv. PLAN I I gpplp.. Warynr eTS w. SECTION ee®.cNeO Y¢riv.vn Plpe plmi r-p• Yell m• PIP• TYPE E s'-P Yell N• Ptpv f 9' Ynere m m' Prfe Nemmmnlded u.1- Pipe Slze. Was vYb• MN TYPI A OMMERCI FAN_ T DETAIL KTS SECTION A-A SECTION B-n 4'-6• Wv/1-36' P7pa [?,®1 :? pax I.1 SECTION c-c TYPE C GRATE INLET DETAIL TYPE 'E' INLET DETAIL N.TS N.T.S CONCRETE SWALE DETAIL VA I FY R tRB PAPPAPRDCOR ?TDH9CPIPDON: ?' Oulfcoastconsuldmim Mid-Pinellas Office Park, Inc. LAKES IDE OFFICES AT PARK PLACE " m m°" ° _ L 4500 - 140th Avenue North, suite 101 6 ® vim wl C1earWeter. Florida 33762 ..,m mne T Msn aYrmL. Pm ra PAVING, GRADING & DRAINAGE DETAILS m=- - N aT ° a ,? E 9 Aa N? Phom: (727) 53&7002 Fan: (727)536-3574 = ,' MINIMIM EN ABMTUNAL PANELS AS W.- OR FULL RAID WIDTH REDUIRE?, TYP. ML RAMP WIDTH z L ..................... - tZ,'z24' IDIRr 2 UNITS SImVN> F21'M40' STAMP SHOWN) DINT ?/a' TPjgc 9RR EAST IN PLAEE BETECTAPLE -I.E. DETECTABLE 4 AUAI0IW YARNING SURFACE TILE VARNING SURFACE mllE BALX6ROJX0 S" - " b PARNINC 0Y AS PEA MATERLLL AN? LDIEAT[BN _ OISA9 E0 IWt6 e•? ONLYT EE YETIER ?S39S FlNE MAX VARIES, 0.9' MIN. TO 1.1• NAN. DI0. W B•IXNNIty F.S ]1614 6• MIN TO 6,' M TOP DIP. TO BE 903 ..IN. TO 693 dF OEM THE BASE BIA v P X1 :ee ease e.'.ee aeo vse ev. L TYP. INTEGRAL DOME 1 50?'C' j evae..v sv..'vaaeev e'v' L2' Y DOME PATTERN SHALL BE .4- v 62'. TYPICAL WITH DIRECTION BF TRAVEL v im ' TO 2,' MAX si,AnA7o DEa vPE TYPICAL PLAN VIEW TRUNCATED DOW ! DETECTAINS WARNING PATTERN AND SURFACE TYPES NOTE: AI Pvmnml -l. tv 6v Namaplmtln . ' A I•" - __ aTLnAB.L vrmuxo sTx- I II :r I b I I -_ q MASS v w? ??W?IRM-2 ??,. - r I.L ss ne ss"NB Is?TAIL?Aiolv'mF. na 7 m. Acs. axM 11.. - vwnRiu/eoo. rav.E -1:!l vAmvAD I% & I mll111 vml y i AµE r.7 ¢rtnA6c vA no?PnvDli10E TO iw°EU ?¢mIO,RAn As ITN` AAAxlxc I-EAS SXALLsEEN1' e.W.Tim-TEDI .Vm NAmt IS. -DEEVP.oaDIa I I= BE AS AA S. BCrtnB.t v c sAB •" er BYAiaoms m mw. srne va HM1AL1?106EIX BY Agy4i- IN BE A. A AT M.1 wv WEAL BB IxiiALLFE = L RR 116.¢ ®IOA Il®¢A MIO TN?L6 Di M I ACTINFS IIE01DUlmIIL HANDICAPPED SIGN DETAIL TRUNCATED DOME DETAIL - FDOT Q04 Ranew Cub II ENeth Eniel Cmc Dd. Nev 9We 1?" 1• ID" M.. 9We ddRl ? I ,mMt TYPICAL DRIVEWAY CROSS SECTION 'qE e Nln ReMdmll0l Strtvl 1' DI fl Dwb endlReplvcvve Pv1ONrovNe 9av ! wl ^ $ e3' N Abld Strcd Y Cmm1Y R YaABed and Yv.p GuNV Wan I I 1/N,' pw feet ed.l aea vl aHV .? 3• rnamd wdo<n Dow . ,• uia. can.o-. a• T•?Nav SIWe Bo 0 Culb pd co ?Id v! ddwvvp M1 mB WIO flmew lam ded vim med.. Sm nvly T. :: ?IR• EWmidm Adnl .s pbl a wvmt SECTION A-A SECTION R-B r i?ew r ? Nu v~m. n enlnvn er. rw Ar n A=ra. wm n.....?u...w.. mm.N 1.. uelA ne! •°mIMM•'•+'A•nn ?IVe m? uvwR 41Mmpb u?wN ? ?w ?i rmntal?M1l? Slmaev4 n N u.. ? r weals a ak,m o a +? .m.i r?we'+ a E. w .O1mmo ."mIf°IidslRAa°?ima N?mm.1- fe A•AA eP my n..n rl ?irsai s a.vAOlp ? m rrm?? t vuv TYPICAL SIDEWALK CONSTRUCTION AND RAMP DETAIL Nu t Mh "N. a e, ISOMETRIC NEW CONSTRUCTION NOTES 1. AE MAID - Alm CIMST'll N - BE IN -AN. NW WE MORE SIR GENT OO MIC.a SPEDRCAD.NS AS FMO IN WE STANBM SPECOTCAWXNS a Wr CITY 6 CIENKAIER EN 116 CONINACi DODMENR AS PREPARED BT (Allf COAST CqI-.% MG SPEESTCNLY FOR DES RIDECf. 2 TTff .NNmicn.RAL ASENR FNI TNS PRO.m S THE CITY 6 DEARRATDL 1 THE LOCATON BY EVSTRI. UTM n6R ARE APPROXIMATE AS SHEAR DN THE BANS AND IT IS THE -TRACTTAS MT.-TY ro OETFRVINE INS -I -AT. OF THE _ES PNm TO C.- WIN M THHEt[WT?NDMtt. A. WE W[NNISERACENMTU91A1-1115E ISIRAe BAl9Ai%rCE OR?11NS OR IND M1£RANO lE NEASDffs TO .-ATE MTEASE IuPACR 10 .- SMNFAA. Ar .-TY. 1 -- CARE IS Rr- TO PRE4IIIt DAMAGE ro IIEEB THAT ARE TO REV MN. THE oC0NEa6roiuTmOPTO BE a- DmN. s ucnm TO DAwdt ff WEED -I ARE 6 BY W rt?RING OR °IIQA YEW.BS AS R? WSF giIOTXARNO ON ME PRQECI 7. NO DEBRIS - BE AII.ONID TO ENTER THE ENST.. SANITARY AR. - -TONS. e BAD6LOW PREMNT. DEMIff9 .. BE MBTAELED BY WE OTT. 6 -SON MS Lm EE MW WE SS-.- SETV-W BY A- T APPROPRIATE ?DlV IfIARt -..EYXCES AS AOOPIDI BY WE FLD?mA -1 6 TRANS RULE 1,-1aa14 -.A ...-AD. - Ia WAASH wSTER9 NLL eE sI9IDNm M Acml?A. NM Dtt aF Tm BENRI6TeENTa LAREBCMNO NLL BE M ACCONOARIE MM SECBDV 4123 OP INE Ott I6 11. QEM.A- - -..I CmE 12 MTE UDIDN. s1A1L BE PROYDFD M mNR1AN¢ NTH Ott OF D£MWAIfA CODE REaNIS11ENTS ALL SITE USHIMO TO BE DNECIFD ARAM FRON RESDENBAL AREAS 1 LAROSGPE IAANS slaaTrtB NIN Nmnma a ansnDlel --==SAND TO BE IA WE flEN0VA1 POOOT APRIC.ADm ro BE sve- AT TTWE IS, CONS1R11C11NN RAH 15. ARARYAEXIS?DL DRARTMSCW9M CIIODiIfl.. NBEERENOTFIN?AAM. ECI6P?LA® ACED 14 ALL PROPOSED DMM Wft CN1RY NIN -I SIDES M- I.D. I]. 16fE11ENtOl N DONS LL BE IN mNTH PRA- WE STATE OF -A MIMES -BRAT- VARIN_ le ALL 165GX AND -SWN.m NMST DaNFCa Tv WE MNNUM STANDA SS mlluNUNCS, AN. u... TTSnxa iRial MrMr:awFa- ? RELATED 19. DIS AND BARRICADES TO BE =DRDIINO TO FOOT MANUAL OF SAFE PRACII= RmTTnEN¢ FDBT MOEIIFS BIm W-BH B. 36 SAFE RnESIMAN 1RARC IS TO BE WAMTA.IED AT ALL DNE£ al..x MAREgDmis?crto "WIN TiNEE (]1 DATES Aries wm®. ONO, IT IS ro BE RENOND m IM xEMEST 2L .-Be. AREAS NININ THE AXXII F-NAY NLL BE CDMPACTEO m DOB} OF R01IDE A MMHNN OF 30• CONK ONR UDUDEa u =A--==- 3,. RATE RR -1 ^cANO TO W E c-rT OY MaFM AR mY m t3• AaDTE Au 3a M..V sPARAT. BETnmN RATA! AND SANITARY SESER AND S- SEIER IMES TO BE 16 HaRRD - AND Ir VEADCAL B. POTABLE WATER SERMCE MLL BE 91PPLIED BY WE CITY M 37. LENGTHS ARE s FR.N MITER .F FIITINO TO CENTER -.0, A BLAMEr EASEWENT i0fl ONE PROPOSED RADA NSTRIS D. STSTDN NLL BE PA-. m WE SIT vF ISEARWAIFA. Rff EASEMENT NLL BE NY IN NOIN SEN11Dff0 ON THE - LINE (S' ON D1XFA SIDE R WATER IRE} DoDWTIx v?. cpr tl? Ya RETURNED CURB RAMPS AYSn WM IPN191TVN ELEYARON A-A ? al eAx pe S. Rmr? a??? ?x?ry. zniw?F SECTION 13-B a S romd u.aAAMrrA.e. v.lm x, D.A Nnrs°Wwx1°Iix sTNOAA vxncXNm '?° Bn<tnn 0 ?? u Urb .?. B. B Or To SU Sdt Rlx SECTION A-A A B C p E IF G NOTES Sh,N- D'- ,' 2,' Maw 3'-6. 2,' MeM B' A3 0! 12' EV 1. All concrrte tv be 3.00 Stantlartl ,.1'- 6' 3'-6• 6' Mav ,' 30' MRM A. 69 aL {0' EV, p.S.L. ?ae 6.l'- IO' 3'-6' ]' t: ,' ,B' Nav 12' a9 at 10' EV. vl<H Fmm nesh ?se 10.1- 14' 3'-6' 7-114' S' ,B• Now 12• 09 at 10' EV, rdnforcAg PLO-N{Nd/.7 Ir/ D S T 0 R M 0 V E A 0 Non SNM Required o Pnttern Regaled SOLID COVER 22-3/,• ?-I ?vr 2' M.-..d S-F... SOLID CDVER SECTION NMOEm W,Ight 126 Ws Min 1 Requlretl 7v RING - HALF PLAN b 36• 2r NnahMed Surfn A RING - SECTION FONnun VcIght T• 232 Ibs. 9. 2]B lbs NOTES ]v' rEW b Pe..avme. v.. P tem •Lm e.d mwr«m bre~.pprv.etl M dry [.pnevn . dxn evgrFVd Nna r My n er'ENAVV?iI a1R ST- STORM SEWER MANHOLE COVER MAILI x.rs 6EMNATFRevnsiinMl?NM ?' w®Ip IRE ..eaEn STORM SEWER MANHOLE DETAIL x.is cldfCDBSECITRmdtmgh.. PBEBA°®?D Mid-Pinellas Office Pazk,Inc. mDmOffR?RD6 W?? ] L dD.4gpDm11°®ItlER 4soo-14ofhnvenTlaxurOl, Suite lol LAKESIDE OFFICES AT PART{ PLACE R Dea6vDI6vD•IRIrmNS ?? - ® ,?Dtn n Clear, ater,Fletida33762 PAVING, GRADING & DRAINAGE DETAILS .t?:®:® 1 ?nivDT AINEE -w IYa3a,eg. Phone: (727) 539-7002 Fm(727)536-3574 Ivniw s 9 TYPICAL VALVE SETTING LN amE TIP, sTE NOTE e ..a. u?imI i a,?a?LC?cauL m [ 6 ' Ma(em1 ITNER AREA allrm LaE a HvL Aav PLAN VIEW ID¢ a' TRANmsso>N ,11x1 IEa, Q wpem tT Da FAm mPE-. nrr nF(ir. eirwSeufnUM wlw TRIxRINSmx xAa IN 66 LIFTS vlix A xm vi ."I" RaL(n, xm m eisano Las. srbTm wart, m Sea, AS 1. -10 T-Im TYPICAL SECTION TWO" MAUL ROAD NOTES, a uvrt vuauvoms Am emcclrt Txn? nvN? LLMaT : R°Qmenm ylAmaaa? ??,,,?• xr,mmA Rdpw Qa?xaa: ,mRa Axa >? e?m+ er -7--' -' ' -- --- LESS THAN 30,000 LBS. DETAIL aVe vE0 en ..[ aOD-563 NOTES 1. WATER MAINS TD BE ON NORTH ar EAST SIBS OF RO.V., MPROx 4 FT. BACK OF CURB UNLESS OTHERWISE AUTHORIZED BY CITY ENGINEER Z SERVICE CONNECTIONS TO BE 2 FT, FROM SIDE LOT LINE ON EITHER SIDE OF LOT (SEE SHEET NO. 3). THESE SERVICES TO BE CONSISTENT WITHIN THE SUBDIVISI@I DRIVEWAYS SHALL NOT BE BUILT OVER NETERS. 3, ALL LINES SHALL BE CHLORINATED and PRESSURE TESTED (TEST FOR ONE )BUR B ISG P.S,I.) UNDER THE DIRECTION OF THE UTILITIES DEPARTMENT. AFTER SUCCESSFUL COMPLETION OF THE TESTING and CHLaRINATION, THE PRESSURE SHALL REMAIN ON THE SYSTEM AT ALL TINES 4. TO FT. SEPARATHIN REQUIRED BETWEEN PARALLEL WATER 6 SANITARY SEWER LINES. 9. SADDLE IS REQUIRED FOR ALL SERVICE CONNECTIONS TO 4' PVC MAINS. SADDLE IS RE=[RED FOR e' SERVICE CONNECTIONS TO 6' and LARGER PVC MAINS, LARGEST SERVICE CONNECTION TO A 4' MAIN IS 1 12' ono LARGEST TO ANY MAIN IS 2'. 6. NMI" DISTANCE BETWEEN SERVICE TAPS TO BE HOT LESS IRAN 36'. Threaded Carporatlan Stop /- Curb Step MUELppp Ra.etl00qua1 /- MUELLER H14350 Mlth Lack Wing and (Tap at 45' Angle) CanpresslOn Inlet w approved equal Saddle If Required See Nate S \ ynter Servh:e Tubhg C Drlscoplpe 51GD ar Entlot/Yardley Saddle shall have daubLe Blue Jet. S?R 9, 3108 Polyethylene stainless st-L traps elth epoxy coated ductile Iran bady. Water Men SERVICE CONNECTION DETAIL N.T.S vwv?Bm \ C e Occm[ ^ Aoad \ 4a [et Baovm lo-r uun BrYh? ., 5 u / a N- Joint Volr/ \ Ve<m Ibin `Restraln4q Joint TYPICAL FIRE HYDRANT SETTING g nt[ 3 Bad ?f me Maa. IS' - Mn 1' (B• Nb[ Edge of PPwnent E1• Mew BktnMe Varies ?VWVe Box (Yx ?nech Jdnt valve vc0 maI APMm ?ro,lie'deyentaerk°""n Nc n ie3 US Poe xetrepautan L St-- Carmectlm to Face street ?Restrelrl[g -t (TIP) E. Ml Fbe Hy-s to heve S 1/1• Valve Seat a naA?Aii spanol a Fyr MYdruds Shell be - at Stree! Lamm[ ^ tM RD.v. Adjacent to Side Let Lhes vhmevm SO—77 1. Sae Sheet 3 for Typlcel Cameetlans L FltihBx a _ s P,V.C, PIPE RESTRAINT L ? ? Mesalue Restmilm Ryp) Fbba 19m Serks <TyP>? \ .jW We. IN -T NDM ELBOWS men) VALVE BCAB a alai ai [W m PIPE iEEi BI0 maw SIZE 1129 ER90 19 ORMICH 9 2B I6 6 3 6 1E 1) 69 9 66 BS TEMPORARY DLDWOFF B• sell velr? AND SAMPLE TAP Hose 8bb?/ 3/4• GntrWssal 2• Galr E' [arpo-atNx? Teppln. SedtllF?\ I}O I R-;-d2 TOP LONNECTIDN TaPPd Plve END CONNECTION Stop Less Check MUELLER H14350 Mth Lock Wing n d COnpresslan Inlet or approved e(Nml Threaded COrporatlan Stop MUELLER HISOOB ppravea equal ( TAP AT 17' ANGLE ) Sadde requrea pn 4' P.V.C. only Mater Service Tubing SetlNe shop heve double Drlscoplpe 5180 or Enda4/Yardley .t I... steel traps Blue Jet, SDR 9, 3400 Palyethyl8Ae Mth epoxy coated duetne ran body, Wet- Main CHLORINATION TAP wpb I? DUCTILE IRON PIPE RESTRAINT RestrvNyry GozNet <iyP.E I - L ------ Tlv tt Restraint (Ty ' c \I \4 DO NOT LLSE iBR to VFRLICAL BFFSE Y Nm! ELBOWS (deR) VALLWE BEAR Na- Ye SIZE , as EESa 17 90' BRANQI ENB L A =4?i e0 LL) PAIPM®POR: ????? _? GulfCoDBtI'ODBU1fhIg,IOC. s.,. Mid-Pinellas Office Pack, Inc. STIEETDESCRIPDON: LAKESIDE OFFICES AT PARK PLACE .adn 2=1. 4500 -140th Avenue North, Suite 101 Clearwater, Florida 33762 a p: W, s 9 t+fis[woa Phone: (727) 539-7002 Fax: (727}536-3574 WATER & SEWER DETAILS °`??.? _ a?rn RQ(a,Ta eLAe? I>ETAAB )zm/. MID -0- DIAMETER TYPE "A" MANHOLE SHALL BE USED AT THE END OF ALL G" SEVERS WHERE MANHOLE DEPTH DGES NOT EXCEED 4'-0" OR EXCEPT AS NOTED OTHERWISE IN PLANS. CL FRAME 6 [OVER L LATE. SEE NOTE 2 1. PRECAST WALL THICKNESS SMALL BE 6'• FOR ALL BEAMS AND REINFORCED PER ASTM C-47B AND VIM CONCRETE CGNSISTIN OF 4000 PSI AT 2B DAYS, TYPE IT PMTU D CEMENT. 2. ALL RISER UNITS SHALL HAVE A MINIM. HEIGHT OF 12" WITH THE CONCENTRIC ONE SET BETWEEN SEE NOTE 4 _ 12 e 1 1/2" BELOW THE BOTTOM OF .-r TYPEE 'A' COVER FRAME > 1 ALL TONGUE AND GROOVE MINTS SHALL BE JOINED SEE NOTE 1 AND COMPLETELY SEALED WITH RAN-NEC PER SEE TAME STAN ARD -FICATIDN. ALA' • 4. ALL INTERIOR AND EXTERIOR MANHOLE SURFACES BEACH SHALL BE PREPARED FOR COATING AND COATED VIM AT LEAST 15 MRS DRY THICKNESS OF PROM El-214-9S1 EPoXI-MAST[C AS HANUFACTURED BY PROTECTIVE COATINGS INC., PER CITY SPECIFICATIONS MIN DEPTH I 3/4" fmCK 84 E B" M S MRMIT7AL FOR APPROVAL SHALL BE MADE OF O BY ENGDIRTO J SECTION EACH WAY, 1 1/2" PRECAST MANHOLE SHOP DRAWINGS, MANHOLE LOVER OVER BAR NAT FRAMES AND COVERS, METHODS TO BE USED IN SEALING. JOINING AND COATING MANHOLE SECTIONS BEFORE CONSTRUCTION BEGINS 6. GASKETED MANHOLE CONNECTORS SHALL RE SUBMITTED TO PINELLAS COUNTY PRIOR TO USE MR GROUTED CONNECTION USING PVC PIPE, A SUITABLE ADAPTER REQUIRED 7. "RAT TOP" OR HORRONTAL SLAB MANHOLE -- TOPS ARE NOT PERMITTED ON 3' M 4' DIAMETERS B. AN ..I. OR INSIDE PVC DROP CONNECTICN IS RE ]RED WHERE INLET IS GREATER THAN 2' ABOVE NH INVERT. A FLUME SHALL BE CONSTRUCTED ON DROPS 2' Ot LESS ABOVE NM INVERT. TABLE DIAL FOR PIPES PLAN 4'-B" 24" 1 UNDER STANDARD MANHOLE 3a" & 36" fi- 42" & DVER STANDARD & DROP MANHOLE DETAIL N.T.S. 2 Non-Penetrating Pick Holes ° a ° D ° a ° 0S AA ITARYO a0=a°Da D S E V E R 0 ?24 I SOLID COVER I II 2/4'------ T l I- e s 1?z• ? & ? 899 1 /- -r RING RING - SECTION Velght 85 tbs. SOLID COVER SECTION NOTES yyeelgght 120 Lb. 6 1. U.S. foundry Na 117 RIO , And BL Cover, Ur W SANITARY SEW MANHOLE COV N.T.S. ER ER PIPE SPECIRC E PVC PIPE (5* AND It) SAWARY SEWER PVC SMLI SEER]SPD-1784J(IM1LPoCOMMUND11. UOTESf RENSOP NE OR AS 0 TO MINE D-3034 ALL PVC SEWER PIPE SHALL BE CONSPICUOUSLY UBELID WHOM THE MANUFACTURER'S NAME, NOMINAL PIPE SIZE, APPLICABLE MATERIAL CODE OR PVC CELL CIASSIRCATION, STANDARD DIMENSION RATION NUMBER, PRODUCT TYPE. Br 0 SPECIRCADON DESIGNATION, PRODUCTIONS RECORD CODE AND NSF CERIIFICATION SEAL AND BILL BE COLOR COOED GREEN, PIPE. WILL RE A MAXIMUM 13' UTAC LENGTH. APPROVED PRODUCTS: J-M/BWE BRUTE Hd., EI.,. LERTANEO (./INTEGRAL BELL), AQUA-1117E, NORH !TM. CW EX. VULCAN, DAM-GAVIVE 2 PVC PPE O.ESS THAN 47 WATER OH(RIBUTIM PVC PIPE IESS THAI 4' SMALL RE NOME FROM CLEAN, NEW NBF APPROVm TYPE 1, GRADE 1, PVC CONFORMING TO ASIA SPECIRrATIONS D17B4 AND D224I OR LATEST RMSroNS THEREOF, AND BE SUITABLE FOR USE AT MAXIMUM HYDROSTATtc WORMING PRESMIEES OF 200 PSI AT 23 DEGREES C (73.4 DEGREES FF. PIPE SHALL BE FURNISHED IN STANMD 20' LENCR6 MYTH JEEINIS REIN OF ME PUSH-ON INTEGRAL BELL TYPE MPPUEG WITH GASKETS INWALIEO. PIPE SHALL BE WARMED Xm THE NSF MARK INDICATING ITS APPROVAL FOR POTABLE WATER. ALL PIPE STALL BE CLEAN AND ENDS SWLLL BE TAPPED DURING SHIPMENT. APPROVED PROMC1S J-M. CERTANED N1TH INTEGRAL BELL, HEP, HRW. a PVC PPE (4' AND ABOVE) WATER OHfF®UIICN PVC PIPE (C900): PVC PIPE (4' AND LAIME T BH LL IN ACCORDANCE NN AWWA 0900 WITH PL"'M MTEGRAL BELL JOINTS AND SUPPLIED M STMO.ARO TO LENGTHS NO SOLVENT-CEMENT PIPE OR FTITINS WILL ACCEPTED. ALL 4' PIPE SHALL BE PRESSURE CLASS 150 BATH A OR OF 8. PVC PPE B' AND ABOVE STALL BE PRESSURE CLASS 150 WIFE A OR OF 18. PPE SHALL BE MARWO AS DETMED IN AWWA 0900 ANO BE FURMSIHEO WRN AN AFFIDAVIT THAT R COMPUES WTIH THE REOUIHEVENIS OF AMA C900. ALL PIPES ASIDE FOR PROTECTION LOOP WITHIN BUILDING PERIMETERS SMALL BE PRESSURE CLASS 200 VXM A OR OF 14. ALL PPE FURNISHED UNDER THIS SPECIFICATION WILL BE COLOR COOED UPoNG BLUE AL PIPEROVED SHALLPR BEODU CTS J-M ®R' CLEANED MRUTE SHALL HRBEW, TA CERTMNED SHIPMENT.APP T.I. ET.L (./INTEGRAL BELL). ADUAME, N M TEX. VULG.. DAMS MVIDE. ° ?L• A'u A? Mid-Pinellas Office Park, Inc. 4500 -140th Avemle North, Suite 101 LAKESIDE OFFICES AT PARK PLACE W "" 9 m..v. ® ),I M, Clemweter,Florida 33762 WATER & SEWER DETAILS 1 RAnT/DT RLWaAW DD??T+NNS4eee Fho¢e: (727) 539-7002 Fax: (727)536-3574 11/v/w s 9 EXHIBIT C SUMMARY OF DEVELOPMENT ACTIVITY During the reporting year from September 1, 2007 to September 1, 2008, new site-work and building construction continued on Parcel 1N. It included construction of a 25,290 s.f. office building. In addition new sitework construction was initiated on Parcel 6 in accordance with the previously ' approved site plans. It includes construction of infrastructure for the future office building, however, building construction has not commenced. ' On Parcel 11C, the former 5,305 s.f..Ruby Tuesday restaurant was demolished. A 4,200 s.f. 5/3-Bank with drive-thru lanes was constructed. The address is 2710 Gulf-to-Bay Boulevard. 1 1 i DRIPARCEL i 1S i i IN 1 2 1 3 4 ' S i6 r7 i8 9 l0A lOB 11C 11D ' HE EXHIBIT D OWNERSHIP PARCEL ID # PROPERTY OWNER MAXIMUM APPROVED DEVELOPMENT 17/29/16/85546/000/0010 Bausch & Lomb 100,000 s.f. 21 Park Place Blvd. Light Industrial Clearwater, FL 33759 17/29/16/85546/000/0011 Offices at Park Place, LLC 100,000 s.f. 4500 - 140t` Avenue North, Suite 101 Light Industrial or Clearwater, Fl 33762 63,300 s.f. office per trade-off conversion factor 17/29/16/85546/000/0020 Grand Reserve Property Owner 156 Multi-Family 3340 Peachtree Rd. NE Dwelling Units Suite 1660 Atlanta, GA 30326 17/29/16/85546/000/0030 Same as Parcel # 2 234 Multi-Family Dwelling Units 17/29/16/00000/230/0130 Park Place Land, Ltd. 101,900 s.f. c/o Carmel Commercial Group Office 2828 Coral Way, #200 Coral Gables, FL 33145 17/29/16/00000/240/0600 Glenborough Park Place, LLC 120,560 s.f. 400 South El Camino Real, Suite 1100 Office San Mateo, CA 94402 17/29/16/00000/240/0400 Mid-Pinellas Office Park, Inc. 100,000 s.f. 4500-140t` Avenue N, Suite 101 Office Clearwater, F133762 17/29/16/00000/230/1100 Glenborough Park Place, LLC 49,906 s.f. 400 South El Camino Real, Suite 1100 Retail San Mateo, CA 94402 17/29/16/00000/230/0100 Highwoods / Florida Holdings 82,179 s.f. 3100 Smoketree Ct., Suite 600 Office Raleigh, NC 27604 17/29/16/59392/001/0010 K B Investment Holdings, Ltd. 10,200 s.f. c/o Boulder Venture Retail / Restaurant 2226 S.R. 580 Clearwater, FL 33763 17/29/16/66373/000/0010 Clant, Inc. 11,303 s.f Restaurant on 17/29/16/66373/000/0020 P.O. Box 916464 10A & 10B. 17/29/16/66373/000/0030 Longwood, FL 32791 14,539 s.f. Retail / 17/29/16/66373/000/0040 Restaurant on 11C, 11D, 17/29/16/66373/000/0050 & 11E. I EXHIBIT E The developers have not purchased or optioned to purchase any additional lands adjacent to the DRI. i EXHIBIT F PERMIT INFORMATION SEPTEMBER 1, 2007 - SEPTEMBER 1, 2008 PERMIT # DATE ADDRESS TYPE ' BCP2008-04689 April 4, 2008 21 Park Place Replace existing 2" copper water piping from water softening system w/ new t schedule 80 CPVC piping. SGN2008-05005 June 23, 2008 63 Park Place Comprehensive sign ' BCP2007-09074 September 6, 2007 63 Park Place Install a 100 AMP single phase service to refeed existing site lighting and a new irrigation ' system BCP2007-09066 January 10, 2008 63 Park Place Underground fire line. ' BCP2008-04406 April 16, 2008 300 S. Park Place Install8 owner provided hand dryers on 1St & 2nd floor. ' SGN2008-01008 January 31, 2008 311 Park Place Comprehensive sign. BCP2008-03561 March 28, 2008 311 Park Place Ste. 400 Install access & CCTV system BCP2007-09536 October 17, 2007 311 Park Place Ste. 600 Modify existing fire sprinkler system. BCP2007-09374 October 1, 2007 311 Park Place Ste 600 Fire alarm system BCP2007-09362 September 19, 2007 311 Park Place Ste 600 Low voltage permit ' BCP2007-09121 October 22, 2007 311 Park Place 5th Floor Fire alarm remodel BCP2007-07151 November 6, 2007 311 Park Place Ste 600 Interior remodel suite 600 t BCP2008-06248 June 12, 2008 93 Park Place Security system BCP2008-05292 May 19, 2008 93 Park Place Install awnings & canopy BCP2008-04053 May 1, 2008 93 Park Place Generator installation for entire ' building. BCP2008-02395 March 10, 2008 93 Park Place Installation of fire sprinkler system. ' BCP2008-02251 March 3, 2008 93 Park Place Installation new fire alarm system. BCP2007-11291A April 29, 2008 93 Park Place Modified drawing to ' accommodate a recycling pad and enclosure BCP2007-11291 November 21, 2007 93 Park Place Install dumpster pad enclosure. ' BCP2007-11289B May 27, 2008 93 Park Place Relocate trash compactor & removal of 2 trees. ' BCP2007-11289A April 29, 2008 93 Park Place Added electrical for compactor. BCP2007-11289 November 21, 2007 93 Park Place Install dumpster pad enclosure. BCP2007-11093 November 16, 2007 93 Park Place Install temp construction ' trailer. BCP2008-01244 ' BCP2007-09467 TMP2008-04022 ' SGN2008-06010 BCP2008-07488 ' BCP2008-04320 BCP2008-04253 ' BCP2008-04242 BCP2007-10279B BCP2007-10279A ' BCP2007-10279 BCP2007-09078A April 29, 2008 BCP2007-09078 December 13, 2007 January 15, 2008 September 24, 2007 April 25, 2008 June 30, 2008 July 28, 2008 April 11, 2008 April 16, 2008 April 17, 2008 August 11, 2008 July 11, 2008 April 21, 2008 93 Park Place 93 Park Place 2600 W. Grand Reserve 2600 W. Grand Reserve 2680 Gulf to Bay 2710 Gulf to Bay 2710 Gulf to Bay 2710 Gulf to Bay 2710 Gulf to Bay 2710 Gulf to Bay 2710 Gulf to Bay 2710 Gulf to Bay 2710 Gulf to Bay Plan amendment interior & electrical changes. New office building site permit. Replace 9x7 garage door. Replace 120 garage door. Temp fence. Install sign. Installation low voltage burglar alarm. Sewer cut and cap. Construction trailer. Demo of existing 1 story structure. Revisions to sidewalk to include handrails. Plan amendment drive-thru canopy. Construction of new 4200 sq bank w/ 4 drive-thru lanes & site work. ' EXHIBIT G COMPLIANCE WITH DEVELOPMENT ORDER CONDITIONS ' AND ADA COMMITTMENTS ' All conditions of approval and Developers commitments, as contained in the Park Place DRI Development Order (amended January 15, 2004) and the ADA are still in effect and being met. A statement of compliance is included: SECTION 4 A Preliminary and Final Site Plans Submitted for each Phase and Consistent with the ' "Conceptual Plan." All development activity must receive the appropriate city approval consistent with the Master Development Plan (Map H). All development levels comply, however, the City of Clearwater issued approval for 10,200 square feet of retail/commercial development on Parcel 9 that resulted ' in 85,948 square feet of retail space an excess of 4,828 square feet over the approved amount. Per the approved land use trade-off, this excess retail/commercial equates to 13,880 square feet of office space; consequently the office space entitlements may be reduced to 390,759 square ' feet. The City of Clearwater has agreed to take corrective measures to clarify this error. The demolition of the Ruby Tuesday restaurant (5,305 s.f) and construction of a 4,200 s.f. bank with drive-thru lanes reduced the retail/restaurant development to 84,843 square feet. AA Prior to issuance of any permit utilizing the conversion factors, DCA and TBRPC will be ' notified. Developer has complied. Conversion factors have been utilized and were reported in previous ' annual reports. B All development shall be consistent with applicable land development codes. All development has been reviewed by City of Clearwater staff for compliance with codes. BB. 1. Portion of Park Place Blvd. dedicated to City of Clearwater. Developer has complied. All of Park Place Blvd. is City right-of-way. BB 2. Portion of Park Place Blvd. constructed prior to Certificate of Occupancy for Parcels 4 or 6, no later than 12/31/98. Final segment of Park Place Blvd. was constructed, and accepted by City of Clearwater. C. Maximum floor area of 1,145,520 s.f. (795,520 office, 150,000 s.f retail, 200,000 s.f. light industrial) subject to conversion factors. Current floor area does not exceed allowable amounts. Developer has reduced the planned amounts further. CC. Mass transit requirements. Developer has constructed bus shelters on Park Place Blvd. Developer will continue to comply. D. Acquire land for ingress/egress west of the project. Access to the west was previously acquired and still exists. E. Funding commitments for transportation improvements prior to first Final Site. Plan approval after 1/19/95. All developer transportation funding commitments have been met. EE. Prior to issuance of any permit for Parcel 4, owner of Parcel 4 shall grant City a 10 foot easement for pedestrian ingress/egress. Developer has complied. FF. Parcel 4 is entitled to curb cuts on Park Place Blvd. for access purposes. Curb cut and left turn lane constructed with Park Place Blvd. construction. G. Funding commitments for transportation improvements. The developer has paid it's proportionate share and mitigated it's impacts. H. Requiring certain City cooperation. No action during the reporting year. 1. Deleted via Ordinance # 5142-91 J. Responsibility for all construction and improvements made on-site and maintenance thereof. Individual owners have continued to maintain respective their properties and any construction projects and are being monitored by City inspectors. K. Designated aquatic lands shall remain undisturbed, excepting as approved for use consistent with the City retention policies. No development activity has occurred affecting the aquatic lands. L. Measures to control water quality and erosion. Individual property owners have continued to maintain water quality and erosion. Any construction is monitored by City inspectors. M. Monitoring of on-site water quality in the project drainage system. The issued SWFWMD permit contains water quality monitoring provisions where appropriate. Individual contractors are held responsible for compliance with conditions. N. Paved surfaces cleaned periodically as part of water quality maintenance. Paved surfaces are cleaned as needed by individual owners. 0. Drainage plans required at time of Final Site Plan approval. All previously approved development complied with the City drainage requirements. Any future development will comply with Final Site Plan submittal requirements (including drainage plans). P. Final Drainage Plans to meet FGFWFC recommendations. All previously approved development has complied Future development will also comply. Q. Bicycle and pedestrian paths required. Sidewalks have been constructed on Park Place Blvd. R. Soil limitations corrected and mitigated, additional soils testing as required. All previously approved development activity complies with the stated requirement as a condition of plan approval by the City. S. Construction phased to keep any trees with active osprey nests in place through nesting season. Osprey nest has been successfully relocated. T. Capture-release program established and approved by FGFWFC for certain wildlife species. Developer has complied. A capture-release project approved by FGFWFC was completed December 6, 1991. U. Any historic or archeological resources discovered to be reported to appropriate state agency. All previously approved development complied. All future development will comply. V. Site Plans must include provisions for preservation and transplanting of tree clusters and individual trees where possible. All previously approved development complied. All future development will comply and undergo review by City arborist prior to approval. W. Encouragement of energy conservation measures. All previously approved development complied. All future development will comply as a condition of approval by the City. X. Maintenance of on-site wells. Well on Parcel # 2 required rerouting to provide fresh water. SWFWMD permit was issued and well repaired in prior reporting year. Y. NOT APPLICABLE (City requirement) Z. Contribution of proportionate share of construction costs for certain traffic improvements. The developer has paid its proportionate share and fully mitigated its transportation impacts. ?i Chair Vice-MaNor Deborah I(v nes June 4, 2008 Ms. Maura R. Minges Bausch & Lomb Incorporated One Bausch & Lomb Place Rochester, NY 14604 Mid Pinellas Office Park c/o Mr. Steve Engelhardt 4500 - 140`h Avenue North, Suite 101 Clearwater, FL 33762 Subject: DR[ #92 - Park Place, City of Clearwater Anniversary Month - September Dear Ms. Minges and Mr. Engelhardt: Chapter 380.06(18), Florida Statutes, (F.S.), requires the developer of an approved Development of Regional Impact (DRI) to submit an annual report to the local government, the regional planning agency, the Florida Department of Community Affairs (DCA) and any additional identified agency(ies) on the date specified in the Development Order. Our records indicate that the anniversary month for your annual report is September. Please check your Development Order, as it may include information requirements in addition to those required by the DCA (see enclosed annual report format). The annual report should also identify activities completed for the reporting year and activities proposed for the coming year. Pursuant to Chapter 9J-2.0252, Florida Administrative Code, the DCA DRI Review Fee Rule (enclosed - see (6)), please submit a check for $250.00 made payable to Tampa Bay Regional Planning Council, along with the annual report. The check must include the DRI name and number for identification purposes. It is noted that Subsection 380.06(18), F.S., indicates that if the local government does not receive the annual report or receives notification that the regional planning agency or the state land planning agency has not received the report, the local government shall request in writing that the developer submit the report within 30 days. The failure to submit the report after 30 days shall result in the temporary suspension of the development order by the local government. Please feel free to contact me if you have questions regarding this matter. Sincerely, John M. Meyer DRI Coordinator JMM/bj Enclosures cc: Mr. Michael Delk??? Mr. RobertC. Pergolizzi, AICP Tampa Bay Xegional Planning Council Vice-Chair Secretarp/Treasurer Executive Director Commissioner Biff Dodson Commissioner Jach Mariano Manng Pumarieya j JUN 6 2008 L PLANN., DEVILOPMEN. ScG=VICES CITY OF CLEARWATER 1h 40oo GatewaN Centre Boulevard, Suite r oo • Pinef(as Park FL 33782 Pbone: 717-570-5151 • Fax: 727-570-5118 • State Number: 5 r 3-5 o66 • wwwtbrpc.or9 ECENE „f - FEB 4 2008 Tampa 8avXegional Planning Counc .""'.."'"° 9LANN,,,, `, DEVELOPMENT SERVICES Chair Vice-C(jair I Secreta_rp/Tv-psiger CLEAR1vgTERExecutive i irector Commissioner Deborah Rgnes Commissioner Bill Dodson Commissioner Jac? 1Vinriano Mannv? Pumarieya February 1, 2008 Mid Pinellas Office Park c/o Mr. Steve Engelhardt 4500 - 140' Avenue North, Suite 101 Clearwater, FL 33762 Subject: DRI #92 - Park Place, Annual Report Summary, RY 2006-07, City of Clearwater Dear Mr. Engelhardt: The above-referenced item will be considered at the February 11, 2008 meeting of the Tampa Bay Regional Planning Council which will be held at the Council offices at 10:00 a.m. The Council's Annual Report Summary and Agenda are available on our website, www.tbrpc.org. The Report includes a summary of approved entitlements, completed development, phasing schedule, and highlights of select Development Order requirements/conditions. The Council's overall determination of the project's consistency with the Development Order is identified in the final paragraph of the Report. Please note that any reported violation(s) of the Development Order could result in the temporary suspension of the development order, by the local government, until the project returns to compliance with all the Development Order terms and conditions. Permits would not be reviewed or issued until any suspension has been removed. If you have any questions regarding the Report or the DRI process, please call me at (727) 570-5151, ext. 29. Sincerely, rnator JMM/bj cc: Mr. _Mchael.Delk- _7 Pv Mr. Robert C. Pergolizzi, AICP 400o GatewaN Centre Boulevard, Suite i oo • Pineffas Park FL 33782 Phone: 727-5 70-5 I S I • Fax: 727-5 7o-S I i 8 • State Number: S 13-S o66 • wwwt6rpc.or0 1 ? ? ? tY TampaBayXeglonal Planning Council ARS Annual Report-Summary, 4000 Gateway Centre Boulevard, Suite 100, Pinellas Park, FL 33782 Phone (727) 570-5151 Suncom 513-5066 FAX (727) 570-5118 www.tbrpc.org DRI #92 - PARK PLACE CITY OF CLEARWATER RY 2006-07 X On September 1, 1983, the City of Clearwater granted a Development Order (Ordinance No. 3205-83) to Metro Development Corporation for a 99.1-acre commercial and office development located at the northeast corner of the S.R. 60/U.S. 19 intersection. The project was originally approved to contain 1,500,000 square feet (sq. ft.) of office space and 460,000 sq. ft. of retail space. The Development Order has subsequently been amended five times, with the latest occurring on January 15, 2004 (Ordinance No. 7215-03). The amendments have cumulatively: modified the development parameters; authorized multi-family and hotel as approved uses; consolidated the entire project into a single phase; established and modified a land use equivalency matrix for various parcels; and extended the project buildout date by 23 years (to December 31, 2008) based on the phasing consolidation. The Development Order duly expires on December 31, 2008. The anniversary date for the Annual Report is September V PROJECT STATUS As currently approved, the following represents the elan of development: PROJECT BUILDOUT OFFICE (Sq. Ft.) INDUSTRIAL (Sq.`Ft.) RETAIL (Sq. Ft.) RESIDENTIAL (M.F. UnAs) December 31, 2008 454,059- 100,000" 85,948 390 M - The above-referenced entitlements are reflective of a Land Use Equivalency Matrix conversion dated February 19, 2007. Development this Reporting Year. the developer initiated site preparation for future office construction on Parcel IN. Cumulative Development. the developer has completed 304,639 sq. ft. of office space, 100,900 sq. ft. of light industrial space, 85,948 sq. ft. of retail space and 390 multi-family residential units. Projected Development. no specific development activity . has been identified for next year. SUMMARY OF DEVELOPMENT ORDER CONDITIONS The developer has identified continued compliance with: mass transit requirements, including the construction of bus shelters on Park Place Boulevard (Condition 4.CC.); and stormwater runoff disposal (Condition 4.L.). The project has allegedly been fully mitigated in terms of transportation improvement funding in accordance with Conditions 4.E., 4.G. and 4.Z. e? 2. The developer has provided the City with a ten-foot easement for pedestrian ingress/egress in accordance with Condition 4.EE. The sidewalk has since been constructed. 3. The developer has previously indicated that the Park Place Boulevard road improvement, illustrated as Parcel "A" ("Exhibit B"/Ordinance 5722-95), has been completed in accordance with Condition 4.N.2. 4. The developer completed a capture-release program on December 6, 1991 in accordance with provisions of the agency now referred to as the "Florida Fish & Wildlife Conservation Commission," consistent with Condition 4.S. DEVELOPERS OF RECORD A listing of the DRI property owners (by parcel) is provided in the table below. This Table has been updated based on best available information. Each of these property owners is responsible for fulfilling the obligations within the DRI. Mid-Pinellas Office Park, Inc., 4500140th Avenue North, Suite 101, Clearwater, FL 33762 was responsible for preparing and submitting the annual report. DEVELOPMENT ORDER COMPLIANCE The project appears to be proceeding in a manner consistent with the Development Order. While the above- noted Developer has been identified for preparation of this Report, please note that formal changes to the Master Developer can only be accommodated through the Notice of Proposed Change process as identified under Subsection 380.06(19)(e)2.a., F.S. The City of Clearwater is responsible for ensuring compliance with the terms and conditions of the Development Order. PAR- tv1AX. FLOOR AREA CEL PARCEL NUMBER (Sq. Ft.) PROPERTY OWNER 1 (South) 17-29-16-85546-000-0010 100,000 - Industrial Bausch & Lomb, 21 Park Place Blvd., Clearwater, FL 33759 1 17-29-16-85546 000 0010 100 000 Industrial Offices Park Place LLC, c/o Hallmark Development of FL Inc., 4500 " (North) , 140 Avenue North, Suite 101, Clearwater, FL 33762 2 17-29-16-85546-000-0020, 156 MF Res. Units Park Isle Condo Development, Rev Trust, 1575 Northside Drive NW, 3 17-29-16-85546-000-0030 234 MF Res. Units Suite 200, Atlanta, GA 30318 4 17-29-16-00000-230-0130 101 900 - Office' Park Place Land Ltd., c/o Carmel Commercial Group, 2828 Coral Way, , #200, Coral Gables, FL 33145 5 17-29-16-00000-240-0600 120,560 - Office Glenborough Park Place, LLC, 400 S. El Camino Real, Suite 1100, 7 17-29-16-00000-230-1100 49,906 - Retail San Mateo, CA 94402 6 17-29-16-00000-240-0400 100,000 - Office Mid-Pinellas Office Park, Inc., 4500 140'h Avenue North, Suite 101, Clearwater, FL 33762 8 17-29-16-00000-230-0100 82,179 Office Highwoods/Florida Holdings, 3100 Smoketree Ct., Suite 600, Raleigh, NC 27604 9 17-29-16-59392-001-0010 5,372 - Retail/ KB Investment Holdings Ltd., c/o Boulder Venture, 2226 S.R. 580, Restaurant Clearwater, FL 33763 10A 17-29-16-66373-000-0010, 11,303 sq. ft. resta- 10B 17-29-16-66373-000-0020, urant on Lots 10A & tic 17-29-16-66373-000-0030, 1013; and 14,539 sq. ft. Clant Inc., Post Office Box 916464, Longwood, FL 32791 11D 17-29-16-66373-000-0040, of retail/restaurant on 11E 17-29-16-66373-000-0050 Lots 11C, 11D& 11E. NOTES: * Ordinance No. 6107-96 granted approval for the construction of a hotel component of development (to a maximum of 224 rooms) for Lot 4 with a simultaneous reduction of office or retail. Tampa Bay X egional Tanning Council Consent Agenda 04/12/04 Agenda Item #3.D.1 DOAIIDX Development Order Amendment Report 4000 Gateway Centre Boulevard, Suite 100, Pinellas Park, FL 33782 Phone (727) 570-5151 Suncom 586-3217 FAX (727) 570-5118 www.tbrpc.org DRI #92 - PARK PLACE CITY OF CLEARWATER On March 29, 2004, the City of Clearwater rendered Ordinance No. 7215-03 to the Tampa Bay Regional Planning Council. The Ordinance reflects an amendment adopted by Clearwater City Council on January 15, 2004. BACKGROUND On September 1, 1983, the City of Clearwater granted a Development Order (Ordinance No. 3205-83) to Metro Development Corporation for a 99.1-acre commercial and office development located at the northeast corner of the S.R. 60/U.S. 19 intersection. The project was originally approved to contain 1,500,000 square feet (sq. ft.) of office space and 460,000 sq. ft. of retail space. The Development Order has subsequently been amended four times, with the latest occurring on February 1, 2001 (Ordinance No. 6678-01). The amendments have cumulatively: modified the development parameters; authorized multi-family and hotel as approved uses; consolidated the entire project into a single phase; established and modified a land use equivalency matrix for various parcels; and extended the project buildout date by 18 years (to December 31, 2003) based on the phasing consolidation. The Development Order expires on December 31, 2003. Inclusive of the project buildout extension reflected below, the currently approved development entitlements are as follows: PROJECT BUILDOUT OFFICE (Sq. Ft.) INDUSTRIAL (Sq. Ft.) RETAIL (Sq. Ft.) RESIDENTIAL (M.F Units) December 31, 2008 404,639 200,000 81,120 390 DEVELOPMENT ORDER AMENDMENT The current Development Order Amendment authorizes additional five year extensions of both the project buildout date and the Development Order expiration date (to December 31, 2008). RECOMMENDATION In accordance with Section 380.07, Florida Statutes (F.S.), this Development Order has been reviewed and determined to be consistent with the Council's NOPC Report, adopted on December 8, 2003, and with the Council's Final Report adopted on July 11, 1983. It is recommended that the Department of Community Affairs concur with the Development Order amendment issued by the City of Clearwater for DRI #92 - Park Place. Council Agenda www.tbrpe.org Tampa Say X eglonal Planning Coun i 4000 Gateway Centre Blvd., Suite 100, Pinellas Park, FL 33782 April 12, 2004 Phone (727) 570-5151 Suncom 513-5066 FAX (727) 570-5118 10:00 a.m. *** THIS MEETING IS OPEN TO THE PUBLIC *** Call to Order Invocation and Pledge Roll Call Voting Conflict Report Chair Simon Vice Mayor Jo Jeter Recording Secretary Recording Secretary Approval of Minutes Sec/Treasurer Kersteen Approve minutes from the March 8, 2004 meeting (report attached). Staff contact: Lori Denman, ext. 17. 2. Budget Committee Sec/Treasurer Kersteen A. Approve Financial report for the period ending 02/29/04 (report attached). Staff contact: John Jacobsen, ext. 19. Consent Agenda Chair Simon A. Budget and Contractual Conference Room Audio/Visual Equipment In order to record Council meetings and to provide audio/visual presentations for Council and other meetings, an AN system is needed. The system has been designed to accommodate one large meeting or two separate meetings when the room is divided and will include: wireless microphones to enable easier and clutter free set-ups; digital recording for easy and inexpensive transcription and duplication; a multimedia lectern with computer controls to assist presenters; and two LCD projectors with large screens to allow better viewing during Council meetings and when the room is divided. Staff met with several vendors and solicited quotes from numerous others. It was determined that the best course of action was to use a State approved/GSA certified vendor. Two vendors provided complete proposals to satisfy all of our requirements. Professional Communications Systems' proposal is $58,610.00. Audio Visual Innovations (AVI) made two proposals ranging from $69,700.00 to $177,000.00. Action Recommended: Motion to authorize chairman to execute Purchase Order with Professional Communications Systems of Tampa (low proposal) for purchase and installation of Audio/Visual Equipment for the Council conference Room. Staff Contact: Marshall Flynn, ext. 11 or Avera Wynne, ext. 30 -1- B. Intergovernmental Coordination & Review (IC&R) Program 1. IC&R Reviews by Jurisdiction (report attached). 2. March, 2004 IC&R Database (report attached). Action Recommended : None (Information Only) Staff Contact: John Meyer, ext. 29. 3. a. IC&R #57-04, Hillsborough County MPO FY 2004-05 "Draft" Unified Planning Work Program (report attached). b. IC&R #075004, Pinellas County MPO FY 2004-05 "Draft" Unified Planning Work Program (report attached). c. IC&R #076004, Pasco County MPO FY 2004-05 "Draft" Unified Planning Work Program (report attached). Action Recommended: Approve staff reports. Staff Contact: Greg Miller, ext. 18. C. DRI Development Order Reports (DOR) DRI # 247 - Long Lake Ranch, Pasco County (report attached). Action Recommended: Approve staff report Staff Contact: John Meyer, ext. 29. D. DRI Development Order Amendment Reports (DOAR) 1. DRI # 92 - Park Place, City of Clearwater (report attached). 2. DRI #145 - Southbend, Hillsborough County (report attached). 3. DRI # 236 - Riviera Dunes, City of Palmetto (report attached). Action Recommended: Approve staff report Staff Contact: John Meyer, ext. 29. E. Notice of Proposed Change (NOPC) Reports 1. DRI # 14 - Parkside Mall, City of Pinellas Park (report attached). 2. DRI # 146 - Oak Creek, Hillsborough County (report attached). 3. DRI # 161- University Center Research & Development Park, City of Tampa (report attached). 4. DRI # 208 - The Crescent, Hillsborough County (report attached). Action Recommended: Approve staff reports Staff Contact: John Meyer, ext. 29. F. Annual Report Summaries (ARS) 1. DRI # 119 - Northwood, RY 2002-03, Pasco County (report attached). 2. DRI # 145 - Southbend, RY 2002-03, Hillsborough County (report attached). 3. DRI # 148 - The Pavilion, RY 2002-03, Hillsborough County (report attached). 4. DRI # 151 - Crosstown Center, RYs 2000-03, Hillsborough County (report attached). 5. DRI # 166 - Wesley Chapel Lakes, RYs 2002-03, Pasco County (report attached). 6. DRI # 170 - Northwest Regional Mall, RYs 2001-03, Hillsborough County (report attached). Action Recommended: Approve staff reports Staff Contact: John Meyer, ext. 29. S I -2- f t 1 G. DRI Status Report Information Only. (report attached). Staff Contact: John Meyer, ext. 29. H. Local Government Comprehensive Plan Amendments Reviewed 1. DCA # 04-1, Hillsborough County (report attached). 2. DCA # 04-1, City of Clearwater (report attached). 3. DCA # 04-1 (fka 03-2), City of Oldsmar(report attached). 4. DCA # 04-1 CIE, City of Tampa (report attached). 5. DCA # 04D-1 (fka 03D01), Pasco County (report attached). 6. DCA # 04-2, City of St. Petersburg (report attached). 7. DCA # 04-2, City of Plant City (report attached). Action Recommended: Approve staff report(s). Staff contact: Gerald Smelt, ext. 28. 4. Item(s) Removed from Consent Agenda and Addendum Item(s) Council members should notify Chairman of any items they wish to be pulled from the Consent Agenda. These items will be discussed and voted on separately after the remainder of the consent agenda is approved. 5. Review Item(s) or Any Other Item(s) for Discussion A. DRI Final Report DRI # 252 - Cypress Creek Town Center, Pasco County. The developer is seeking specific approval of a two-phase, multi-use project located on 510± acres in southern Pasco County. Specific approval of Phase 2 will be contingent upon submittal of additional transportation and air quality analysis pursuant to Section 380.06, F.S. The project is generally bound on the east by I-75 and is bisected by S.R. 56. As identified in the Report, the two phases would combine for 2.211 million sq. ft. of commercial uses, 420,000 sq. ft. of office space, 700 hotel rooms and 630 multi-family residential units and would have the potential for a multi-screen movie theatre. The Report includes a recommendation for approval only upon inclusion of all recommended conditions. The specific recommendations for the project are outlined in the Council's Final Report. Additional Material: Final Report for DRI #252 (report attached). Recommended Action: Adoption of Final Report and transmittal to Pasco County and the Florida Department of Community Affairs. Staff Contact: John Meyer, ext. 29. B. Comprehensive Economic Development Strategy (CEDS) Update In April 2003, the Tampa Bay Region was designated as an Economic Development District (EDD) by the United States Economic Development Administration. Council sits as the board of the EDD. A primary responsibility of the EDD is to prepare and maintain a Comprehensive Economic Development Strategy (CEDS). Council adopted its original CEDS in July 2002. The CEDS is scheduled to be revised every five years and updated -3- every year. Updates are intended to be a general review with minor changes to keep the document current. Five year revisions are intended to major overhauls to the document, if necessary. In Florida, nine of the eleven regional planning councils are designated as EDDs. Currently, the two remaining councils are in the process of attaining designation. Additional Materials: Revised Comprehensive Economic Development Strategy for the Tampa Bay Region. (report attached) Recommended Action: Motion to approve the updates of the Comprehensive Economic Development Strategy. Staff contact: Randy Deshazo, ext. 31. Additional information: www.tbrpc.org/ceds C. Transportation Intergovernmental Coordination and Review Agreements Each Metropolitan Planning Organization (MPO) jurisdiction is being required to execute a Joint Participation agreement by and between the Florida Department of Transportation; the MPO, the regional planning council; and the local transit authority. The general purpose of these agreements is to outline the roles and responsibilities of each agency, ensuring that the transportation planning process is coordinated among the various levels of government and that the plans of each agency are consistent and/or compatible with each other. The actions and responsibilities required of the Council by the agreement are consistent with the duties that have been performed in the past. Attached is the only agreement (Pinellas County) submitted to date. We expect that all four Counties/MPOs in the region will submit agreements for Council's acceptance. Additional Materials: Pinellas County's Interlocal Agreement. Recommended Action: Motion to authorize the Chair to execute Joint Participation Agreements for Intergovernmental Coordination and Review for each of the four counties in the region. Staff contact: Avera Wynne, ext. 30. 6. No Speaker Scheduled 7. Council Members' Comments Chairman Simon 8. Program Reports A. Agency on Bay Management (ABM) - Mayor Mary Maloof, Chair The full Agency on Bay Management met on March 11`h. The Natural Resources/Environmental Impact Review Committee and the Recreational Boat Launch Task Force met on April 8`h. A summary of those meetings will be provided. Staff contact: Suzanne Cooper, ext. 32. B. Clearinghouse Review Committee (CRC) - No Report. Staff Contact: Avera Wynne, ext. 30. J* 1 t -4- C. Local Emergency Planning Committee (LEPC) The Tampa Bay LEPC met on March 315`, 2004 and a recap of that meeting is included in the mail-out and on-line. Staff attended the quarterly State Emergency Response Commission (SERC) meeting on April 1-2, 2004 and a recap of that meeting will be provided in Council folders. Oral updates of LEPC activities will be provided at the meeting. Additional Material: Recap, LEPC Meeting, March 31, 2004. Staff contact: Bill Lofgren, ext. 33. D. Emergency Management Staff will provide a status report of emergency management program activities. Staff contact: Betti Johnson, ext. 39. E. Legislative Committee - Commissioner Deborah Kynes, Chair Commissioner Kynes will provide a brief report. Additional Material: Legislative Update. Staff contact: Wren McAllister, ext. 22. F. Regional Planning Advisory Committee (RPAC) - No Report. Staff contact: Avera Wynne, ext. 30. G. Telework Tampa Bay (TTB) Staff will provide a brief report. Staff contact: Jessica White, ext. 38. 9. Executive/Budget Committee Report - Chairman Simon - None 10. Other Council Reports 11. Chair's Report - Chair Simon 12. Executive Director's Report - Manny Pumariega 13. Next Meeting - Monday, May 10`h at 10:00 a.m. - Council Offices Ribbon Cutting Ceremony at 11:45 a.m. Open House 12 noon to 2: 00 p.m. Adjournment The Council, in accordance with its adopted rules of procedure, may only take action on matters not on the printed agenda involving the exercise of agency discretion and policy-making upon a finding by the Council of an emergency situation affecting the public's health, safety, and welfare. Council meetings are Public Meetings within the context of Section 286.011, Florida Statutes. Council meetings are not Public Hearings within the context of Section 120.54, Florida Statutes. The Chairman has full discretion as to whether or not to recognize speakers other than Council members or staff, and is not required to recognize individuals to speak on issues before the Council. Public Hearings on issues before the Council are conducted by individual local governments, and are the proper forum for public comment. Please note that if a person decides to appeal any decision made by the Council with respect to any matter considered at the above cited meeting or hearing, s/he will need a record of the proceedings, and for such purpose, s/he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Persons wishing to speak at a Council meeting are required to complete the form provided at the entrance to the meeting room. The form, after being completed, must be given to the Recording Secretary. If you are a person with a disability who needs any accommodation in order to participate in this meeting you are entitled, at no cost to you, to the provision of certain assistance. Please contact Tampa Bay Regional Planning Council at 717-570-5151 within 3 working days of the meeting. -5- Tampa 8aV egional Planning Council CF air Vice-C? air Secretor p/Treasurer Executive Director Commissioner Steve Simon (e?o ' ss?u`[ef Jane von )UvCK n faannN Fumarieya April 2, 2004 Mr. Maura R. Minges Bausch & Lomb, Inc. One Bausch & Lomb Place Rochester, NY 14604 Subject: DRI #92 - Dear Mr. Minges: ek\ls® ?J -1 70 "rp?'?4R A _t4 CITY Park Place, Development Order Am endm ent Report, City of Clearwater The above-referenced item will be considered at the April 12, 2004 meeting of the Tampa Bay Regional Planning Council which will be held at the Council offices at 10:00 a.m. A copy of the report and an agenda are enclosed for your information should you or your representative wish to attend. If you have any questions, please call me at (727) 570-5151, Ext. 29. iier DRI Coordinator JMM/bj Enclosures cc: Timothy A. Johnson, Jr., Esq. Mr. Robert C. Pergolizzi, AICP ?s?Gina ?layton Mr. George L. Deakin, P.E. Ms. Marina Pennington 40 GatewaN Centre Boulevard, Suite Ioo • Pineffas Park FL 33782 PyMe: 727-570-51 S I . Fax: 727-S70-S"8 • State Number: S 13-S o66 • wwwt6rpc.or8 Tampa Bay,7Zegional Planning Council Chair Commissioner Steve Simon April 12, 2004 The Honorable Brian Aungst Mayor of the City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 Subject: DRI #92 - Park Place, Development Order Amendment Report, City of Clearwater Dear Mayor Aungst: The enclosed agenda item regarding the above-referenced project was considered and approved by the Tampa Bay Regional Planning Council at its April 12, 2004 meeting. Please contact the Council staff if further information concerning this item is needed. Sincere , XKI Steve Simon Chair SS/bj Enclosure cc: Mr. Maura R. Minges Timothy A. Johnson, Jr., Esq. E1VIs, 'Ciina Clay 6_ii ? Mr. Robert C. Pergolizzi, AICP Mr. George L. Deakin, P.E. Ms. Marina Pennington Vice-C?air Secretarg/'Ireasurer Executive Director Commissioner Jane von Hamann Robert Kersteen MannN Pumariega 2mq APR I q 804 PLa • ?-- a?? . lLL' r.% 7+! C1?YO OF CL?r? l?-'ATyR 4000 GatewaN Centre Boutevard, Suite i oo - Pineffas Park FL 33782 P?031e: 727-570-5151 - Fax: 727-570-5r18 - State Number: 513-5o66 • wwwtbrpc.org tee. Tampa Say Xegional lTlanning Council DOAIR Consent Agenda 04/12/04 Agenda Item #30.1 ADOPTED Development Order Amendment Report 4000 Gateway Centre Boulevard, Suite 100, Pinellas Park, FL 33782 Phone (727) 570-5151 Suncom 586-3217 FAX (727) 570-5118 www.tbrpc.org DRI 992 - PARK PLACE CITY OF CLEARWATER On March 29, 2004, the City of Clearwater rendered Ordinance No. 7215-03 to the Tampa Bay Regional Planning Council. The Ordinance reflects an amendment adopted by Clearwater City Council on January 15, 2004. BACKGROUND On September 1, 1983, the City of Clearwater granted a Development Order (Ordinance No. 3205-83) to Metro Development Corporation for a 99.1-acre commercial and office development located at the northeast comer of the S.R. 60/U.S. 19 intersection. The project was originally approved to contain 1,500,000 square feet (sq. ft.) of office space and 460,000 sq. ft. of retail space. The Development Order has subsequently been amended four times, with the latest occurring on February 1, 2001 (Ordinance No. 6678-01). The amendments have cumulatively: modified the development parameters; authorized multi-family and hotel as approved uses; consolidated the entire project into a single phase; established and modified a land use equivalency matrix for various parcels; and extended the project buildout date by 18 years (to December 31, 2003) based on the phasing consolidation. The Development Order expires on December 31, 2003. Inclusive of the project buildout extension reflected below, the currently approved development entitlements are as follows: OFFICE PROJECT BUILDOUT (Sq. Ft.) INDUSTRIAL j RETAIL (S q. Ft.) (S q. Ft.) RESIDENTIAL (M.F. Units) December 31, 2008 404,639 200,000 81,120 390 DEVELOPMENT ORDER AMENDMENT The current Development Order Amendment authorizes additional five year extensions of both the proj ect buildout date and the Development Order expiration date (to December 31, 2008). RECOMMENDATION In accordance with Section 380.07; Florida Statutes (F.S.), this Development Order has been reviewed and determined to be consistent with the Council's NOPC Report, adopted on December 8, 2003, and with the Council's Final Report adopted on July 11, 1983. It is recommended that the Department of Community Affairs concur with the Development Order amendment issued by the City of Clearwater for DRI #92 - Park Place. I') li??x k., L 1 4 It s 11 4, ?j c ? c c, ? ? (.? PARK PLACE NOTICE OF PROPOSED CHANGE TRAFFIC ANALYSIS PREPARED FOR AMERICAN CYANAMID COMPANY, INC. ONE CYANAMID PLAZA WAYNE, NEW JERSEY PREPARED BY IGNNG ENGINEERING ASSOCIATES, INC. AUGUST, 1994 ^\.1_? vuo? J i»u tf?15b'W Q?anF3Wb' ,.. .T -v w• '.?n?a?..v 4v..?wMua ?., / ooc ecr .%1, .o WAUNdd? 100. Ol 103r1,r1S M VS nONf SS32DW Ci l? Sl;Owvd1R0 T !G nnn,><vh ?. *101WO TAI•Jr_1YYTSry?.s1.SU SCI 3 NI ?w xa? .„I aL ?W ,- S adV ?Cl a? Cl30MrdJr10 2 In n,In,xv" clr J ML J S ' 'S310H Oeyit31n06 Awe-oi-.41nlD 09 !3S i11 j LEI I I I 13 I, hLi ' 7dt I ?1tAi0M3WWm? ? I ? ? I ? ? ??I Ire _?- •---?_ I I ! I I ! I I i ' ?+ ?' ' II '?/ j % / 3J ko Jt?1L1.S1X3 'rD ?r C O II % / A 4,o I I ?I o ' 0 I I I (IVAOMddv MVId 311S WWI 001111110 04MMM3130 i 38 Ol S)1X31S32MVY1M3 d0 00011rool L0VX3I i SS300v if - I a I ? j 1: ? I I j • -Lagulb Mama I : , Mlibimk) bi1DEf3WW0 Q3SOdObd ir-000.00z widlsnON1 1x000'05 l ldl0kl3ww00 3S OZS' S6L 301dr10 014333'1 WON OL 1,Hit II,ISMS r Z 0 h -?lv rr= :s STATE OF FLORIDA RPM-BSP-PROPCHANGE-1 DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF RESOURCE MANAGEMENT 2740 Centerview Drive Tallahassee, Florida 32399 (904) 488-4925 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 council, and the state land planning agency according to this form. 1. I, TIMOTHY A. JOHNSON, JR., the undersigned owner/authorized representative of STORZ OPHTHALMICS, INC., a Delaware corporation, and BUILDING OPERATION HOLDING COMPANY, a Pennsylvania corporation, hereby give notice of a proposed change to a previously approved Development of Regional Impact ("DRI") in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the PARK PLACE development, which information is true and correct to the best of my knowledge. have submitted today, under separate cover, copies of this completed notification to the City of Clearwater, Florida, to the Tampa Bay Regional Planning Council, and t the Bureau of Resource Management, Department of, mrp ity Affairs. /ylro (Date) imothy A. Joh son, Jr. NCEPTUAL MASTS I'-? ?f.ro Development Corporation I 0 r kE TIN 1G)N ?T a OUT PARCELS ii 1 -- / A?/ 31 0 2? 28// 28 29 30 32 SD / 93 / / { \ MM` 31 30 2e 28/ 28 29 30 32 OUT PARCELS w 3( ( MAXIMUM OF THREE OUT PAR ELS WITH SHARED ENTRANCES I VIITS1 ,.ICT LOCATION OF ENTRANCES/EXITS TO DE(DETERMINED 'ING FINAL SITE PLAN APPROVAL. / A ----------------- Ll 1 93 HIGHWAY 60` 3!( 37 36 3'S 34 ?LAN 0 100 200 400 Post, Buckley, Schuh & Jernigan, Inc. ?. dJ C) 0 r N 1 13 OSI/. 000 . 1 ' f ? r ? ? rf„1 ? II I ? c 971 ti Z \ `c?j I 12,61 00 C-2 \ \ CID fi 3 " ` J • r p '" u O I ? N ? SIGN-IN SHEET DRI #92 - PARK PLACE, CITY OF CLEARWATER TRANSPORTATION METHODOLOGY MEETING August 9, 2000 - 9:30 a.m. @ T.B.R.P.C. NAME _ AGENCY/FIRM PHONE -Fhb M I'll E12- 20G 5'70- ln 6o RoL_ Co?1.js < Dc-A ?i 4 5&AgeQ Pkeme -o 8' - ??Sy 13 - 9 75-- 6 y?Z9 20 er 7u ?Vep- 7g02- P? Rl" G;A e'Z 0 b 8422- 'vLt `/ d A o'L? h S ? Q `i` U' ? / ??? 56o7T [2DC7W-S <bCA V t#} SPA H ? > 8S? ???-IfS'`ts- C ITY OF C LEARWA'TER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4576 June 7, 2000 Mr. Edward M. Titen LJR Companies 10409 GreenHedges Drive Tampa, Florida 33626 Re: Internal parking lot cross access between Sonny's Bar B Q located at 2760 Gulf to Bay Blvd., (SR 60), Case #BCP1999-01567 and the Park Place Development. Dear Mr. Titen, The City has reviewed: 1. The approved 1983 Park Place Development DRI Order (Ordinance NO. 3205-83) and all of its related site plans, traffic studies, and other documents. 2. The approved site plan and survey for Lakeside at Park Place submitted by Clinton International Group, Inc., dated April 7, 2000. 3. Site development plan for the Sonny's Bar B Q / Bayrock Energy Corp. project dated May 25th, 2000. Therefore, based upon the documents reviewed above, the City of Clearwater supports the construction and continuation of the existing paved driveway from the Park Place property parking lot through the Sonny's site connecting to SR 60 @ Sky Harbor Drive. The City agrees with the Department of Transportation that the 1983 Park Place DRI, requires the property owners to design their parking lots and driveways in a manner that facilitates the use of common ingress and egress access drives so as to minimize vehicular trip generation onto SR 60. The City further agrees that the Sonny's final site plan's internal traffic flow is optimal using an 80' throat driveway separator. Sincer , ? vv?? nary Jon , Senior Pla ner ONE CITY. ONE FUTURE. BRLSN J. AuNGST, NL-YOR-COMMISSIONER J.B. JOHNSON, VICE MAYOR-COMiNIISSIONER. BOB CLARK, CONEMISSIONER ED HART, COMMISSIONER ED HOOPER, COMMISSIONER "EQUAL. EMPLOYMENT AND AFFIR\LATIVE ACTION EwLOYER" 2,639 McCORMICK DRIVE • CLEARWATER; FLORIDA 33759 Tel: (727)' 724-8422 - Fax: (727) 724-8666 r P LORIDA DESIGN CONSULTANTS, INC. GINEERS, ENVIRONMENTALISTS, SURVEYORS B PLANNERS July 12, 2000 Mr. John Meyer, DRI Coordinator Tampa Bay Regional Planning Council 9455 Koger Boulevard, Suite 219 St. Petersburg, FL 33702 RE: Park Place DRI - NOPC (DRI #92) Dear John: Enclosed are two (2) copies of the Transportation Methodology Report for the Park Place DRI - NOPC. We look forward to the methodology meeting. at your office on August 9, 2000 (9:30 A.M.). If you have any questions, please call me at (727) 724-8422. Sincerely, xjl"22 1 Robert C. Pergolizzi, AICP Vice President/Transportation :dc L.\meyer-3.wpd Encl. cc: Gary'-Jones;City of:Cleara ert_ a ert Kent Fast, FDOT Marina Pennington, DCA Ramon Solis, Pinellas County George Deakin, Kimley-Horn Tim Johnson, Johnson, Blakely, et. al. Nicholas Shackleton, Park Place Land File 172-07.500 2639 McCORMICK DRIVE • CLEARWATER, FLORIDA.33759 Tel: (727) 724-8422 • Fax: (727) 724-8606 TRANSPORTATION METHODOLOGY REPORT FOR PARK PLACE DRI/NOPC 1. INTRODUCTION The Park Place DRI is located in the City of Clearwater north of Gulf-to-Bay Boulevard and east of U.S. 19. Park Place (DRI #92) was originally approved in 1983 to contain the following uses with an expected buildout date of 1991: Retail Commercial 150,000 s.f. Office 1,103,000 s.f. Several NOPC analyses have modified the Development Order including modifications of land uses, extension ofbuildout and establishment of land use trade-offinechanisms. These modifications have extended the buildout to December 31, 2000 and approved the following uses: Retail Commercial 150,000 s.f.* Office 795,520 s.f.* Light Industrial 200,000 s.f. *Trade-off mechanisms permitted multi-family development on Parcels 2, 3 and 8 and office/hotel on Parcel 4. The Park Place DRI is almost fully built-out and most actual construction has been at densities well below approved levels. The applicant wishes to extend the buildout date to December 31, 2003, reduce the approved office entitlements on Parcel 6 to 100,000 s.f. and institute a trade-off to possibly put multi-family on Parcel 6 in lieu of office. A detailed traffic analysis will be prepared to evaluate whether this proposed change results in additional impacts. Specifically three (3) items will be evaluated. 1. Whether the proposed change results in a 15% increase in PM peak hour external trips generated by the project. 2. Whether the projected PM peak hour traffic volume in the revised buildout year (2003) are greater than those predicted in the original buildout year (1991). 3. Whether any projected increase results in unacceptable levels of service and necessary improvements above and beyond those included in the Development Order. POO C&?? 01r ? "Z o G???""? 1 oa .0150 Gay y 201000 e, #Re ?6&4p,v-d '1nctewe) /0 o, 000 Lr r ZO°? cry Ae f4 -0 0A e --?p A i4l Transportation Methodology Report Park Place DRI/NOPC Page 2 II. EXISTING CONDITIONS Existing conditions will be established by conducting PM peak hour intersection turning movement counts at several signalized intersections in the vicinity of the project. These will be supplemented by obtaining multi-day traffic counts on adjacent roadway segments. All traffic counts will be converted to peak hour/peak season (K-100) equivalents using the appropriate FDOT weekly adjustment factor. Existing conditions will be analyzed using 1998 FDOT LOS Handbook procedures to include roadway specific traffic and signalization characteristics. Intersections will be analyzed using the 1997 Highway Capacity Manual (HCM) procedures as replicated by the HCS or Signal 97 software. III. PLANNED AND PROGRAMMED IMPROVEMENTS A list of roadway improvements programmed for construction within the first three (3) years of the MPO Transportation Improvement Program (TIP) and the adopted FDOT Five-Year Work Program will be included. A preliminary list, which is subject to change is shown below: PLANNED/PROGRAMMED IMPROVEMENTS Roadway Segment Improvement Construction Year Agency Drew Street (Highland - N.E. Coachman) Widen to 4LD 2000/01 FDOT #2570331 U.S. 19/Drew Street Interchange 2000/01 FDOT #2569571 U.S. 19 (S. of S.R. 590 - N. of Sunset Point) Interchange 2002/03 FDOT #2568881 Keene Road (Druid to Drew) Widen to 6LD 2000/01 Pinellas Cty. #920491 Keene Road (Drew - Sunset Point) Construct 4LD 2000/01 Pinellas Cty. #920491 Keene Road (Sunset Point - Virginia) Widen to 4LD 1999/00 Pinellas Cty. #920487 Drew/McMullen Booth Intersection Improvements 1999/00 Pinellas Cty. #922361 S.R. 590/McMullen Booth Intersection Improvements 1999/00 Pinellas Cty. #922051 IV. BACKGROUND GROWTH Existing traffic on the roadway network will be adjusted to reflect background traffic in the revised buildout year. This will be done using screenline annual growth rates by comparing FSUTMS model projections for 1995 and 2010 along selected screenlines. Transportation Methodology Report Park Place DRI/NOPC Page 3 V. FUTURE CONDITIONS A. Trip Generation Trip generation estimates for the revised project will be made using ITE Trip Generation. 6" Edition. For the revised project a 15% internal capture will be applied as was approved in the 1996 NOPC. As was approved in all previous NOPC traffic analysis, a 2.5% transit capture will be applied for PSTA routes. Retail pass-by capture will be based on ITE Trip Generation Handbook and will not exceed 10% of adjacent street traffic. B. Trip Distribution Project traffic distribution will be based on the FSUTMS Regional Transportation Analysis model for the year 2005 and is shown in Figure 1. C. Study Area Delineation The project impact study area will include all roadway segments where project traffic consumes 4.5% or more of the LOS D peak hour maximum service flow rate of the segment. The study area will also include signalized intersections where project traffic comprises 4.5% or more of intersection capacity. D. Capacity Analysis Although the study area will be based on full DRI traffic, much of the DRI traffic is already on the roadway system and will be included in the traffic counts. To avoid double counting, the amount of external traffic from existing Park Place development will be calculated using ITE Trip Generation. 6`n Edition. The amount of external trips from the built portion will be deducted from existing traffic and only new (unbuilt) Park Place traffic will be added. This is the same procedure that was approved and used in the 1994 NOPC traffic analysis. Due to the interconnecting of parking areas with non-DRI businesses actual driveway counts should not be used to determine existing DRI traffic. New (unbuilt) traffic will be added to accumulate background traffic to estimate total expected traffic in the revised buildout year (2003). The projected volumes in the revised buildout year will be compared to those projected for the original buildout year (1991). Roadway segments where projected 2003 volume exceeds the originally approved volume will be analyzed in detail to determine PM peak hour LOS and improvements. This analysis will be done on a peak hour basis in accordance with FDOT 1998 LOS Handbook practices. Transportation Methodology Report Park Place DRI/NOPC Page 4 VI. CONCLUSION Existing conditions will be established by obtaining traffic counts in the vicinity of the project and analyzing traffic conditions using HCS and FDOT ART-TAB/ART-PLAN software. Background traffic will be adjusted to the revised buildout year using a calculated annual growth rate based on screenlines. External trip generation will be estimated using ITE Trip Generation, Nh Edition, with appropriate internal capture, transit capture and pass-by capture. Project traffic will be distributed to the roadway system using FSUTMS and roadway where project traffic consumes 4.5% or more of the LOS D peak hour "capacity" will be included in the study area. Projected 2003 traffic will be compared with originally approved traffic and roadways where the approved volume would be exceeded will be analyzed in detail. For these roads analyzed in detail the expected LOS and improvements necessary will be determined. These improvements will be compared to those in the original Development Order. :es RApark place.wpd nk,d rew N N. . (0`7 ENTERPRISE RD H T 1 0 H W J J U SUNSET PRINT RD. 47 = ? MAIN ST Li N jy _2% " N CR 590 J U N? DREW ST. -'%_ •: H e% N I H? 9% _ _N 317~ H e% 77. 2'/. - CLEVELAND ST. f ST ^ N = 10% 13% 15% N 1 207. 22% 38% 20% 6% 5% GULF T? N e BA 2, BLVD. ti DRUID RD. N P ? 9,G NURSERY RD. P 2% BELLEAIR RD. Q ? - - tSH T 43X m W W = U W J ? 1% EAST BAY DR R??SE DESCRIPTION: PARK PLACE DRI PROJECT TRAFFIC DISTRIBUTION PROJECT No. 172-07 DATE: FIGURE: FLORIDA DESIGN CONSULTANTS, INC. 7/00 ENGINEERS, ENVIRONMENTALISTS. SURVEYORS 8 PLANNERS DRAWN BY: 1 2639 McCormick Dr, Clearwater FL, 33759 \ Tel: (727)724-8422 - Fax: (727)724-8606 JJC I I (00'?' 1995 2010 AGR A-A 216,059 229,003 0,407 B-B 209,736 227,771 0,567 C-C 135,817 154,864 0.88% D-D 119,025 125,314 0,357 SUNSET POINT RD. B w a w J U W DREW ST. CLEVELAND I ST, ENTERPRISE RD 0 a Pa I z w C D J u MAIN ST B nr CR 590 m N D S GULF TO BAY BLV . 7 F D RUID RD. C D ? A v A NURSERY RD, BELLEAIR RD. d HAINES la BAYSH?RE Q w Li = z u W J W W Y ? EAST BAY DR R??SE VELT < L? DESCRIPTION: PARK PLACE DRI SCREENLINE GROWTH RATES PROJECT No. 172-07 DATE: FIGURE: FLORIDA DESIGN CONSULTANTS, INC. 7/00 ENGINEERS, ENVIRONMENTALISTS, SURVEYORS 8 PLANNERS DRAWN BY: 2639 McCormick Dr. Clearwater FL, 33759 \ Tel: (727)724-8422 - Fax: (727)724-8606 JJC a 14 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: M. A. Galbraith, Jr., City Attorney RE: Park Place DRI (Ordinance 5142-91) DATE: December 18, 1991 Several days ago, I distributed a motion to amend Ordinance 5142-91, and I included a copy of the ordinance prepared as though the amendments had been adopted, marked up to show you where the amendments went. Toss those materials, or add them to your scrapbook. It has been necessary to prepare a revised motion to amend the ordinance because of changes requested by TBRPC staff. I am enclosing a copy of the revised motion, and a marked-up copy of the "amended" ordinance showing you where the changes are to take place. I hate to give you something like this on such short notice, but the amendments have been reviewed by planning staff and are either desirable or harmless. This ordinance will come up for second reading tomorrow evening. MAG:a Enclosure Copies: Cynthia Goudeau, City Clerk Michael Wright, City Manager Jim Polatty, Planning and Development Director Tim Johnson, Esquire RECEIV ET) DEC 2 p 1991 DEVEIOPMEN OEM REVISED MOTION TO AMEND ORDINANCE 5142-91 * = new or revised *1. On page 1, in the third "whereas" clause, insert "August 19" in the blank space. Also, delete the phrase, "from three phases, as approved, to one phase," and delete the phrase, "to provide a timetable based upon increases in P.M. peak hour traffic instead of time." NOTE: With this amendment, the third "whereas" clause will read as follows: WHEREAS, on August 19, 1991, Building Operation Holding Company, the owner of certain undeveloped areas of Park Place, 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"), proposing to (i) amend the Conceptual Plan for Park Place to provide for 200,000 square feet of floor area for industrial use and a reduction of the approved floor area for office use by 300,000 square feet; (ii) provide a maximum floor area ratio ("F.A.R.") for industrial use; (iii) amend the phasing of the development fie; (iv) amend all Development Order conditions based on phasing in P.M. peal(- hour- traf44e-iRstead ef ; (v) change the time of payment of the Developer's proportionate share of road improvement costs; and (vi) extend the build-out date by five (5) years; and 2. On page 1, in the fourth "whereas" clause, insert "December 19" in the blank space. NOTE: With this amendment, the sentence will read: WHEREAS, on December 19, 1991, the City Commission adopted Ordinance 5114-91. . .. 3. On page 2, amend Subsection B.1 of Section 2 to read: 1. Revising the Conceptual Plan for Park Place to provide for 200,000 square feet of floor area for industrial use and a reduction of the approved floor area for office use by 300,000 square feet to 803.000 square feet, *3A. On page 2, amend Subsection B.3 of Section 2 to read: 3. Amending the phasing of the development frem three *4. On page 2, amend Subsection B.4 of Section 2 to read: 4. Amending all Development Order conditions based on phasing -ef -t. RJ, CJ 5. On page 2, in Subsection B.5 of Section 2, insert "90" in the blank space, and delete the last "and." NOTE: With this amendment, the sentence will read: 5. Changing the time of payment of the Developer's proportionate share of the cost of road improvements which would have been paid concurrently with Phases II and III to a date 90 days after the effective date of this ordinance; 4fW 6. On page 2, in Subsection B of Section 2, insert a new paragraph 6 to read as follows, and renumber paragraph 6 as 7: 6. Eliminating the requirement for a transportati management plan; and *6A. On page 2, amend Subsection C of Section 2 to read: C. A comprehensive review of the impacts generated by the proposed amendments together with all previous amendments, has been conducted by the City's departments, the Tampa Bay Regional Planning Council ("TBRPC") and the Department of Community Affairs, State of Florida ("DCA" ). *6B. On pages 2-3, amend Subsection D of Section 2 to read: D. The proposed amendments, 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, solid waste, recreation and mass transit, from the original projections set forth in the Amended Application for Development Approval AADA. *6C. On page 3, amend Subsection C of Section 3 to read: C. The proposed amendments 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 regional planning agency, over those treated under the Development Order. The proposed amendments, therefore, do not constitute a "substantial deviation" from the Park Place Development Order, pursuant to Chapter 380.06, Florida Statutes. 2 ?tw j t,3 N ta) *6D. On page 3, delete Subsection F of Section 3, and reletter the subsequent ,t subsections. (Note: Subsection F states, "The proposed amendments are u, consistent with the report and recommendations of the TBRPC.") *7. On page 4, in Subsection D of Section 4, insert the following at the end of the subsection [* footnotes added]: Phase A shall be divided into three subphases as follows: Subphase Maximum Floor Area In Square Feet Retail Commercial Office Industrial Total Al 150,000* 480,000** 200,000 830,000 A2 198,000 198,000 A3 125,000 125,000 Total 150,000 803,000 200,000 1,153,000 *Includes 55,278 square feet existing as of 12-19-91. A eu 91 19 f 12 **Includes 120,560 square feet existing as . - - o *8. On page 4, following Subsection D of Section 4, delete Subsection E and insert new Subsections E, F, G, H and L to read as follows, and redesignate the remaining subsectionsl: *E. Section 4.D. of the Development Order is amended to read as follows: The Developer agrees to acquire land, or to pay the City for land required to be acquired by the City, to provide ingress and egress to the west of the Project. Specifically, access to the west shall interconnect with the existing easement at the north end of M & B 19-1, 20, 20-1 and 20-1A (Bennigan's, Chi Chi's and Perkins) to the U.S. 19 frontage road and through the Bennigan's site to the existing traffic light at State Road 60. Aeeess-shall bepreyided isa the south tairee M&B 21, 21 1 and 22 1 ( eM .11en Property) to ??,T - gh - T,? Said ingress and egress shall be secured by fee simple acquisition, right-of-way easement, or other appropriate mechanism by either the Developer or the City. - - - -- - - '- - r terms -- • ---r -- ---- - - pewerms under Chapter- 73,, Fler4da -Statutes te aequ4e sueh 1 After deleting existing Subsection E, redesignate existing Subsections F through H as Subsections I through K, and redesignate existing Subsection I through -M as Subsections M through Q, respectively. 3 the G4ty and the Deyelepep shall, subjeet to the mutual eeRsent of The cost of constructing such connection to the adjoining property to the west, in addition to any other contributions for on-site or off-site road improvements, will be the responsibility of the Developer according to a schedule to be established with the preliminary site plan approval of Subphase Al Phase [This access has been acquired and constructed.) *F. Section 4.E. of the Development Order is amended to read as follows: Prior to the approval of the initial final site plan for Subphase Al Phase 1-, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost of construction of the transportation improvements. [Substantial revision; see Ordinance 3287-83 for present text:] 1. At the U.S. 19/Drew Street intersection construct a grade-separated interchange. This improvement has been committed to in the current Florida Department of Transportation Adopted Five-Year Work Program and is scheduled for Fiscal Year '95/'96. In lieu of the funding commitment or the proportionate share of the construction cost, the following commitments may be made: a. Extend Druid Road between Belcher Road and Edenville Road. The completion of this improvement will provide a parallel reliever access for State Road 60 and Drew Street. [This improvement has been completed.] b. Extend and widen Drew Street as a four-lane divided link (four through lanes and turn lanes as are appropriate) between U.S. 19 and McMullen-Booth Road. [This improvement has been completed.] 4 *c. Prior to the issuance of the first certificate of k hour net 525 t ! Sid p.m. pea es occupancy after the development genera external added vehicle trips, the Developer shall provide up to $125,000 to the Florida Department of Transportation for the construction plans of the U.S. 19/Drew Street grade-separated interchange. rAs of 12-19-91, the development generates 296 p.m, peak hour net external vehicle trips.] These funds shall be provided in order to obtain a commitment for the construction of the U.S. 19/Drew Street grade-separated interchange during Subphase A2. 2. Construct access points to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 3. At the S.R. 60/Clearwater Mall Drive II intersection construct two eastbound to northbound exclusive left turn lanes. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [This improvement has been completed.] 4. Install or renovate, as appropriate, traffic signals at the south project entrance and S.R. 60 and at Hampton Road and S.R. 60. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [This improvement has been completed.] 5. Construct an exclusive left turn lane on S.R. 60 approach and an additional through lane in each direction on S.R. 60 at its intersection with Hampton Road. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [These improvements are under construction.] 6. Construct additional lanes on State Road 60 from U.S. 19 to McMullen-Booth Road. [This improvement is under construction.] 7. At the Belcher Road/S.R. 60 intersection, construct an additional through lane and additional exclusive left and right turn lanes on all approaches. The through lanes shall be continued to the next intersection or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of these improvements. 5 8. At the U.S. 19/S.R. 60 intersection, construct an eastbound to southbound exclusive right turn lane and in the westbound direction construct one additional exclusive left turn lane. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of this improvement. *9. Improve Drew Street to a four-lane divided arterial from U.S. 19 to N.E. Coachman Road, and add turn lanes at all signalized intersections in between. This improvement is committed to in the Metropolitan Planning Organization Transportation Improvement Program as being constructed in Fiscal Year 1992-93. G. Section 4.F. of the Development Order is amended to read as follows: Prior to the approval of the initial final site plan for Subphase A2 Phase -11, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the construction of the transportation improvements: [Substantial revision; see Ordinance 3287-83 for present text:] *At the U.S. 19/N.E. Coachman Road State Road 590) intersection construct a grade separated interchange, provided, however, such facility shall not remain a condition of approval if TBRPC's transportation policies are amended or the Developer, at the initiation of Subphase A2, agrees to prepare and submit traffic condition information documenting that the improvements are no longer necessary to mitigate regional impacts. H. Section 4.G. of the Development Order is amended to read as follows: Prior to the approval of the initial final site plan for Subphase A3 Phase !I funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost of construction of the transportation improvements. [Substantial revision; see Ordinance 3287-83 for present text;] 1. Construct additional access to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the 6 City shall assume the responsibility for constructing these improvements. *2. Install and/or relocate additional traffic signals in the project area at Drew Street and the north project entrance, Drew Street and Hampton Road, the two south project entrances and State Road 60, and State Road 60 and Hampton Road. These improvements are to be made in phases as is appropriate, but in their entirety by Subphase A3. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [These improvements are completed except for Drew N ta Street and the north project entrance, and Drew Street and Hampton Road.] 3. Expand Hampton Road to a two-lane divided link (two through lanes with turning lanes as appropriate) from State Road 60 to Drew Street in phases related to points of access on Hampton Road, but in its entirety by Subphase A3. The cost of this- improvement shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility of constructing the improvement. This improvement is scheduled by the City of Clearwater for its '92/'93 Fiscal Year. 4. At the U.S. 19/Sunset Point Road intersection construct a grade separated interchange, provided, however, such facility shall not remain a condition of approval if TBRPC's TRBPG's transportation policies are amended or the Developer, at the initiation of Subphase A3 agrees to prepare and submit traffic condition information documenting that the improvements are no longer necessary to mitigate regional impacts. * * * * L. Section 4.1. is hereby repealed. 9. Amend the former Subsection F, now Subsection I, to read: I. F-T- Not later than ninety days after Within Ret-fRere than dais- ff !!owing the effective date of this ordinance, Developer shall pay to the City e4t-y the sum of $383,393.00, together with interest at the rate of ten percent per annum from December 8, 1983;. This payment, together with the previous transportation mitigation payment made pursuant to the Development Order, is in full satisfaction of Developer's obligations under Sections 4 E 2 through 4.E.5. 4.E7, 4.E.8. 4.G.1 through 4.G-.3, and 4.Z 4(9)4 t ea g h- (9) , 4(%F)2 4(%R)R?4w i t hre Ag11i- f ," 4?(G)7 and 4(Z) of the Development Order as amended by this ordinance. *9A. Amend the former Subsection G, now Subsection J, to read: J. The build-out year is hereby extended by five (5) years through 1996. This results in an extension of the build-out of Phase I by 11 years, from 1985 to 1996; an extension of the build- ?eul out of Phase II by 8 years from 1988 to 1996; and an extension of the build-out of Phase III by 5 years, from 1991 to 1996. *9B. Delete the former Subsection H, now Subsection K, and reletter subsequent 1 ?y. subsections. ~/ [Note: This subsection states, "Developer shall submit an annual traffic monitoring report on the DRI to the City, the TBRPC and the DCA on or before the anniversary of the effective date of the Development Order, commencing with the next such anniversary date after the effective date of this ordinance and continuing annually thereafter until build-out. Such report shall contain traffic counts at the access points to the site, including P.M. peak hour vehicle trips."] *9C. Amend the former Subsection I, now Subsection L (relettered from M as a result of the preceding amendment), to read: L. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. 10. Amend Section 5, the effective date section, to read: Section 5. Effective Date. This ordinance shall take effect 45 days after conies have been transmitted to the Tampa Bay Regional Planning Council and the Florida Department of Community Affairs unless this ordinance is appealed, in which event this ordinance shall not take_ effect until such appeal has been 8 This has been amended on the assumption that the revised motion to amend, distributed to you on 12-18-91, will be adopted. ORDINANCE NO. 5142-91 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARK PLACE, A DEVELOPMENT OF REGIONAL IMPACT; AMENDING ORDINANCE 3205-83, THE DEVELOPMENT ORDER FOR PARK PLACE, AS AMENDED BY ORDINANCE 3287-83; PROVIDING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR AMENDMENTS TO THE CONCEPTUAL PLAN AND PHASING OF THE DEVELOPMENT; DETERMINING THAT THE AMENDMENTS ARE NOT A "SUBSTANTIAL DEVIATION" FROM THE APPROVED DEVELOPMENT ORDER; DETERMINING THAT THE AMENDMENTS ARE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 1, 1983, the City Commission adopted Ordinance 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; and WHEREAS, on October 20, 1983, the City Commission adopted Ordinance 3287- 83, an amendment to the Development Order, and readopted Ordinance 3287-83 on December 8, 1983; and WHEREAS, on August 19, 1991, Building Operation Holding Company, the owner of certain undeveloped areas of Park Place, filed an application entitled "Notification of a Proposed Change to a Previously A proved Development of Regional Impact ("DRI"), pursuant to Subsection 380.06(19, Florida Statutes (the "NOPC"), proposing to (i) amend the Conceptual Plan for Park Place to provide for 200,000 square feet of floor area for industrial use and a reduction of the approved floor area for office use by 300,000 square feet; (ii) provide a maximum floor area ratio ("F.A.R.") for industrial use; (iii) amend the phasing of the 6` development; (iv) amend all Development Order conditions based on phasing; (v) change the time of payment of the Developer's proportionate share of road improvement costs; and (vi) extend the build-out date by five (5) years; and 44 -?- WHEREAS, on December 19, 1991, the City Commission adopted Ordinance 5114- 91, rezoning a portion of the property from "General Office" to "Research, Development and Office Park," and Ordinance 5113-91, amending the land use plan designation for the same portion of the property from "Residential/ Office" to "Industrial," consistent with the proposed revised Conceptual Plan for Park Place; 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 amendments to DRI's; and WHEREAS, the City Commission has revised the NOPC, as well as all related testimony and evidence submitted by each party and members of the general public; now, therefore, 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 3205-83, and amended by Ordinance 3287-83, 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. Building Operating Holding Company has proposed the following amendments to the Park Place Development Order: 1. Revising the Conceptual Plan for Park Place to provide for 200,000 square feet of floor area for industrial use and a reduction of the approved floor area for office use by 300,000 square feet to 803,000 square feet; ,Qd?u 2. Adding a condition that the maximum F.A.R. for industrial use is 0.4; 3. Amending the phasing of the development; '- k"4 .1t? 4. Amending all Development Order conditions based on phasing; 5. Changing the time of payment of the Developer's proportionate share of the cost of road improvements which would have been paid concurrentlyd? with Phases II and III to a date 90 days after the effective date of this ordinance; 6. Eliminating the requirement for a transportation management] A plan; and 7. Extending the build-out date by five (5) years. C. A comprehensive review of the impacts generated by the proposed ?Q amendments, toqether with all previous amendments, has been conducted by the Q City's departments, the Tampa Bay Regional Planning Council ("TBRPC") and the Department of Community Affairs, State of Florida ("DCA"). D. The proposed amendments, together wit all previous amendments, do All, not increase the external traffic impact o t e development, nor o ey create additional impacts on other public facilities, including water, wastewater, drainage, solid waste, recreation and mass transit, from the original projections set forth in the Amended Application for Development Approval. A^"+J E. The City Commission has adopted Ordinance 5113-91, amending the land 2 use plan designation, and Ordinance 5114-91, rezoning a portion of the property consistent with the revised Conceptual Plan. Section 3. Conclusions of Law. The City Commission, having made the above findings of fact, reaches the following conclusions of law: A. Development in accordance with the proposed amendments, including the revised Conceptual Plan, will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. B. , The proposed amendments are consistent with the land development regulations and the comprehensive pl'an of the City. C. The proposed amendments, to ether with all previous amendments, do MICI not create a reasonable likelihood of a i ion im c or any ype o regional impact not previously reviewed by the regional planning agency, over those treated under the Development Order. The proposed amendments, therefore, do not constitute a "substantial deviation" from the Park Place Development Order, pursuant to Chapter 380.06, Florida Statutes. D. 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. E. The amendments are within the threshold guidelines of Ordinance 4983- 90 of the City, relating to determinations of vested development rights, and the Park Place DRI remains vested thereunder. F. These proceedings have been-duly conducted pursuant to applicable law and regulations, and based upon the record in these proceedings, the various d ` departments of the City and Building Operation Holding Company are authorized to approved/conduct development as described herein. G. 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 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 Amended Conceptual Plan attached hereto as Exhibit "B." B. Section 4(C) of the Development Order is amended to provide that the Project is approved for a total maximum floor area of 1,153,000 square feet, comprised of a maximum 803,000 square feet of office use, a maximum 150,000 3 PC- Art,.:».v. ?. .? .. •. .. ,.... F -. _ . _ .. . _. , .. .. ,_. .. '?f .. square feet of retail commercial use and a 'maximum 200,000 square feet of industrial use. C. Section 4(C)(1) of the Development Order is amended to provide that industrial use shall have a maximum F.A.R. of 0.4. D. Section 4(C)(2) of the Development Order is amended to read as follows: The Project shall consist of one phase as follows: Phase Maximum Floor Area In Square Feet Retail Commercial Office Industrial Total Phase A 150,000 803,000 200,000 1,153,000 Phase A shall be divided into three subphases as follows: ?Vy 0 ?, Subphase Maximum Floor Area In Square Feet Retail Commercial Office Industrial Total Al 150,000* 480,000** .200,000 830,000 A2 198,000 198,000 A3 125,000 125,000 Total 150,000 803,000 200,000 1,153,000 *Includes 55,278 square feet existing as of 12-19-91. g **Includes .120,560 square feet existing as of 12-19-91. ] t"Yisj, E. Section 4.D. of the Development Order is amended to read as follows: The Developer agrees to acquire land, or to pay the City for land required to be acquired by the City, to provide ingress and egress to the west of the Project. Specifically, access to the west shall interconnect with the existing easement at the north end of M & B 19-1, 20, 20-1 and 20-1A (Bennigan's, Chi Chi's and Perkins) to the U.S. 19 frontage road and through the Bennigan's site to the existing traffic light at State Road 60. -AeGess shall be-fie Said ingress and egress shall be secured by fee simple acquisition, right-of-way easement, or other appropriate mechanism by either the Developer or the City. uRder- Chapter I 4 N? rh n dem n lv right --af ?? -- agrees ---i= to e?Ferc-i-s e--sue,--em;,Tent ?-iT „ ffff it fieeessaFy, ' ',+,Y-cn;-rrti,Vfe-life--(?-fiiefl?s afterhe -e#-feEt-iiRe -dat^ Statutes, c-cf-th-l-s-vr'acv-A, ebtained. In the-eyent that t-he-Git-y--se exer-eisesits -pewee= --ef ...a... __ arsquire rights in any ef the aboye refereneed prepepty far ingress and egFess, the Deyelepep shall eaffipensate the entered rote eyidenee in the eendefflnatien preeeeding by the-G4y-, the City -And- the 00eyeleper shall, subjeet to the mutual eensent ef in-exees?s of sueh a-ppFaised-Yale-e? ayes=age oalues. The cost of constructing such connection to the adjoining property to the west, in addition to any other contributions for on-site or off-site road improvements, will be the responsibility of the Developer according to a schedule to be established with the preliminary site plan approval of Subphase Al Phase 1. [This access has been acquired and constructed.) F. Section 4.E. of the Development Order is amended to read as follows: Prior to the approval of the initial final site plan for Subphase Al Phase 1, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost of construction of the transportation improvements. [Substantial revision: see Ordinance 3287-83 for present text:] 1. At the U.S. 19/Drew Street intersection construct a grade-separated interchange. This improvement has been committed to in the current Florida Department of Transportation Adopted Five-Year Work Program and is scheduled for Fiscal Year '95/'96. In lieu of the funding commitment or the proportionate share of the construction cost, the following commitments may be made: a. Extend Druid Road between Belcher Road and Edenville Road. The completion of this improvement will provide a parallel reliever access for State Road 60 and Drew Street. [This improvement has been completed.] b. Extend and widen Drew Street as a four-lane divided link (four through lanes and turn lanes as are appropriate) between U.S. 19 and McMullen-Booth Road. [This improvement has been completed.] C. Prior to the issuance of the first certificate of occupancy after the development generates 525 p.m. peak hour net external vehicle trips, the Developer shall provide up to $125,000 to the Florida Department of Transportation for the construction plans of the U.S. 19/Drew Street grade-separated interchange. [As of 12-19-91, the development generates 296 p.m. peak hour net external vehicle trips.] These funds shall be provided in order to obtain a commitment for the construction of the U.S. 19/Drew Street grade-separated interchange during Subphase A2. 2. Construct access points to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 3. At the S.R. 60/Clearwater Mall Drive II intersection construct two eastbound to northbound exclusive left turn lanes. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [This improvement has been completed.] 4. Install or renovate, as appropriate, traffic signals at the south project entrance and S.R. 60 and at Hampton Road and S.R. 60. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [This- improvement has been completed.] 5. Construct an exclusive left turn lane on S.R. 60 approach and an additional through lane in each direction on S.R. 60 at its intersection with Hampton Road. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4,Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [These improvements are under construction.] 6. Construct additional lanes on State Road 60 from U.S. 19 to McMullen-Booth Road. [This improvement is under construction.] 7. At the Belcher Road/S.R. 60 intersection, construct an additional through lane and additional exclusive left and right turn lanes on all approaches. The through lanes shall be continued to the next intersection or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of these improvements. 8. At the U.S. 19/S.R. 60 intersection, construct an 6 eastbound to southbound exclusive right turn lane and in the ?I westbound direction construct one additional exclusive left turn ?l lane. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of this improvement. 9. Improve Drew Street to a four-lane divided arterial from U.S. 19 to N.E. Coachman Road, and add turn lanes at all signalized intersections in between. This improvement is committed to in the Metropolitan Planning Organization Transportation Improvement° Program as being constructed in Fiscal Year 1992-93. G. Section 4.F. of the Development Order is amended to read as follows: Prior to the approval of the initial final site plan for Subphase A2 °"T-hnse 11, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the construction of the transportation improvements: [Substantial revision; see Ordinance 3287-83 for present text:] At the U.S. 19/N.E. Coachman Road (S.R. 590) intersection construct a grade separated interchange, provided, however, such facility shall not remain a condition of approval if TBRPC's transportation policies are amended or the Developer, at the initiation of Subphase-A2, agrees to prepare and submit traffic condition information documenting that the improvements are no longer necessary to mitigate regional impacts. H. Section 4.G. of the Development Order is amended to read as follows: Prior to the approval of the initial final site plan for Subphase A3 Phase !I!, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost of construction of the transportation improvements. [Substantial revision; see Ordinance 3287-83 for present text:] 1. Construct additional access to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 2. Install and/or relocate additional traffic signals in the project area at Drew Street and the north project entrance, Drew Street and Hampton Road, the two south project entrances and State Road 60, and State Road 60 and Hampton Road. These improvements are to be made in phases as is appropriate, but in their entirety by Subphase A3. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [These improvements are completed except for Drew Street and the north project entrance, and Drew Street-and Hampton juN?t Road.] 3. Expand Hampton Road to a two-lane divided link (two through lanes with turning lanes as appropriate) from State Road 60 to Drew Street in phases related to points of access on Hampton Road, but in its entirety by Subphase A3. The cost of this improvement shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility of constructing the improvement. This improvement is scheduled by the City of Clearwater for its '92/'93 Fiscal Year. 4. At the U.S. 19/Sunset Point Road intersection construct a grade separated interchange, provided, however, such facility shall not remain a condition of approval if TBRPC's transportation policies are amended or the Developer, at the initiation of Subphase A3 agrees to prepare and submit traffic condition information documenting that the improvements are no longer necessary to mitigate regional impacts. C I. Not later than 90 days after the effective date of this ordinance, Developer shall pay to the City the sum of .$383,393.00, together with interest at the rate of ten percent per annum 'from December' 8, 1983. This payment, gations under and 4.Z of the Development as amended by this ordinance. J. The bu i 1 d-out year i s hereby extended by f i ve (5) years through 1996. A This results in an extension of the build-out of Phase I by 11 years, from 1985: Gt to 1996; an extension of the build-out of Phase II by -8 years from 1988 to 1996;{ and an extension of the build-out of Phase III by 5 years from 1991 to 1996. K -DIM date of the Deyelepment 0. der, eemmeneing with the next -Sueh aRR4yersapy da K l-. Section 4.1. is hereby repealed. 8 Aax- a- y PA.Xr .w- 4. M A kA? ,Jv?( L 9. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380-06, F orida Statutes. M #. 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. N $. The City Clerk shall send copies of this ordinance, within five (5) days following the effective date hereof, to Building Operating Holding Company, DCA and TBRPC. ?r 0 PL. This ordinance shall be deemed rendered upon transmittal of copies hereof to the Department of Community Affairs and the Tampa Bay Regional Planning Council. P Notice of adoption of this ordinance shall be recorded by the ?A 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 45 days after copies have been transmitted to the Tampa Bay Regional Planning Council and the V?'r? Florida Department of Community Affairs, 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 AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Approved as to form and correctness: M. A. Galbraith, Jr. City Attorney 9 f a, August 31, 1999 CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33778-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A,,T?NUF, CLEARWATER, FLORIDA 33 756 TELEPHONE (727) 562-4567 FAx (727) 562-4576 ` Grand Couloir Corp. ATTN: John Dronzek, Jr. Vice President, Development & Construction 33 1" Street South St. Petersburg, Florida 33701 RE: Nonsubmittal of DRI Annual Report - Sheraton Sand Key Resort Expansion Dear Mr. Dronzek; Pursuant to Subsection 380.06(18), Florida Statutes, this letter is to request an annual report for the Development of Regional Impact (DRI) for the Sheraton Sand Key Resort Expansion, DRI #179. The annual report is due April 6t' of each year and has not been completed since 1992. According to the above statute, "The failure to submit the report after 30 days shall result in the temporary suspension of the development order by the local government." Please advise if your records indicate a different due date by providing the appropriate documentation to John Meyer at the Tampa Bay Regional Planning Council and Cyndi Hardin at the City of Clearwater. Please call me at 562-4557 if you need further information. Thanks for your attention to this matter. Sincerely, Gary Jones Senior Planner cc: Mr. John Meyer, DRI Coordinator, TBRPC Ms. Marina Pennington, Florida Department of Community Affairs Ralph Stone, Director, Planning Department Cyndi Hardin, AICP, Asst. Planning Director ONE CITY. ONE FUTURE. BRLA\ J. AUNGST, NW-OR-COMMISSIONER ED HOOPER, VICE MAYOR-COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER ® J.B. JOHNSON, JR., CONIMISSIONF.R "EQUAL EMPLOYMENT A.\D AFFIRSLATIVE ACTION EMPLOYER" . w Tampa Say Reeglonal Planning Councll August 27, 1999 Mr. Ralph Stone, Director City of Clearwater Planning Department P. O. Box 4748 Clearwater, Florida 33758-4748 Subject: Nonsubmittal of DRI Annual Report DRI #179 - Sheraton Sand Key Resort Expansion, RYs 1993-99 (due 4/6 of Chairman Commissioner Steven M. Seibert vice-Chairman Secretary/tYeasurer Acting Executive Director/CFO Barbara Romano Commissioner Chris Hart Manny L. Pumariega -IN D Po6 30M PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER respective years) Dear Mr. Stone: Pursuant to Subsection 380.06(18) Florida Statutes (F. S.), this letter is notification that the annual report for the above-referenced Development of Regional Impact (DRI) has nct been submitted by the date specified in the Development Order (as indicated above). The regional planning council, or the state land planning agency (the Florida Department of Community Affairs), is required to notify the local government of failure by the DRI developer to submit an annual report. Subsection 380.06(18), F.S., also requires the local government to request in writing that the developer submit the delinquent report within 30 days, and states that, "The failure to submit the report after 30 days shall result in the temporary suspension of the development order by the local government." Please copy this office on all future correspondence to the developer regarding this matter. If your records indicate a different due date from the one indicated in this letter, please transmit documentation of the new due date to John Meyer at TBRPC. Any Development Order amendments which actually change reporting or expiration dates should specify the new dates. This is important in regard to annual report due dates, phase completion dates and Development Order expiration dates. 9455 Koger Boulevard, Suite 219, St. Petersburg, FL 33702-2491 Phone (727) 577.5151 FAX (727) 570-51 18 Suncom 586-3217 http://access.tampabayrpc.org 7 f' The annual report non-submittal noted in this letter is for the reporting years noted in the subject heading. Thank you for your cooperation. Sincerely, John eyer DRI Coordinator JMM/bj cc: Mr. John Dronzek, Jr. Ms. Marina Pennington I . TH.S IS A CONCEFT'JAL PLAN AND IS NOT TO BE USED FOR CONSTFUCTION. 2. LOCATIONS OF BUILD;NGS ARE SUBJECT TO CHANGE. 3; PREFERRED PARKING AND BUS SERVICE PROGRAMS WILL BE FURTHER DELINEATED AS T.S.M. PLANS ARE PREPARED. !. PROJECT FAL CO-?S:ST OF THREE PHASES PER THE A.D.A. ; PHASES ARE SUBJECT TO CHANGE. -J, 101 ? \ 'PHASE \ \\ / % % cr•,T Avvr.O*IUA1E IOCA iI. 1 Or .BU6 LGa_:MO AREA ?;i 1•? orrl:•EI % •-• 6 V I T / // 333 ?.II? \(1 jir I: 1 ! z ':? .e 1-0 I i r e`l i?•? / '0.'c?.E 10 64+' i.•w?n •do i l j NOg/ E B.l\?.r v?J / v 1 I I 1 . III , a,. w + 11 I ' , I 1 I OUi faeCElbf I / ?Ic..w.r ao CONCEPTUAL MASTER PLAN Fg IT Ik P ? (?a)j @ @ Metro Development Corporation Post, Buckley, Schuh & Jernigan, Inc. ]! l.Ilr.l.6] ?' ? -- ??'? / /-_ r•--------- I LEGEND j I ? 1 I 21 OFFICE 803,000st j COMMERCIAL 150,00051 ! INDUSTRIAL 200.000st 1 O PROPOSED ACCESS j (EXACT LOCATION OF ENTRANC£SIEXITS TO BE DETERMINED DURING =INAL SITE PLAN APPROVAL) j ?O "w y? 0 Q aL SR 60 MOTES: •v MAXIMUM OF 2 OUTPARCELS MAXIMUM OF ] OUTPARCELS © ACCESS FROM SR 60 SUBJECT TO FOOT APPROVAL ago aoo, GULF-TU-t%AT ouuu All KlnO ERolReu? Aaaeuaua. IRC. JWt ]0. 1f?1 ix AMENDED MASTER DEVELOPMEN I r.}acv (REV. 12/19/91) EXHIBIT -S- A--7' DREW STREET PARCEL I LIGHT INDUSTRIAL 200,000 SF DAD PARCEL 2 (100,000 SF EXISTING) EXISTING ACCESS OFFICE 258,700 SF EXISTING NA RURAL ACCESS o, y 7 OFFICE PARCEL 2 124,860 SF OFFICE PARCEL 4 171,400 SF PARCEL 8 CO MERCIAL FUTURE ACCESS IRE") p 125,000 SF ? (55,278 SF EXIST OFFICE i ? OFFICE (120,000 SF PLANNED) Qp ARCEL 8 (120,560 SF EXISTING) OFFICE PARCEL 7 PARCEL 8 1 PARCEL 8 COIJRMERCIAL COIr11YlERT L 10,000 SF 15,000 SF T F PARCEL 10 PARCEL 11 GULF-TO-BAY 80ULEVARD MERCIAL (RETAIL) LAND USE SCHEDULE LAND USE EXISTING PLANNED TOTAL RETAIL/ COMMERCIAL 55,278 SF 94,722 SF 150,000 SF OFFICE 120.560 SF 674.960 SF 795,520 SF LT. INDUSTRIAL 1000000 SF 100,000 SF 200.000 SF TOTAL 275,838 SF 869,682 SF U45,520 SF r 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 2000. 3. CONVERSION RATES OF L000 SQUARE FEET OF LIGHT INDUSTRIAL DEVELOPMENT TO 633 SQUARE FEET OF OFFICE DEVELOPMENT, OR LOOO SQUARE FEET OF OFFICE DEVELOPMENT TO 2.44 MULTI-FAMILY UNITS, OR 1,000 SQUARE FEET OF LIGHT INDUSTRIAL DEVELOPMENT TO 1.54 MULTI-FAMILY UNITS, ARE HEREBY ESTABLISHED. 4. ANY MULTI-FAMILY RESIDENTIAL DEVELOPMENT WILL BE LIMITED TO PARCELS 2.3, 8 8. Ft 0 0 a n z O lD KING ENG/NEERIWO ASSOCIATES, iNC, PARK PLACE bRl -REVISED MASTER DEVELOPMENT PLAN MAP H Planners, Engineers, Surveyors Rev,sFOROVFrsER ,ease. / Gulf Coast Consulting, Inc. ,E Gulf Coast Consulting, Inc. Land Development Consulting ICOT Center 13630 58th Street N., Suite 110 Clearwater, FL 33760 Phone: (727) 524-1818 Fax: (727) 524-6090 Mr. John Meyer, AICP, DRI Coordinator March 24, 2004 Tampa Bay Regional Planning Council 4000 Gateway Centre Boulevard, Suite 100 Pinellas Park, FL 33782 Re: ICOT. Center (DRI # 92) 2002/2003 Annual Report Dear Mr. Meyer: Please find enclosed one (1) copy of the 2002/2003 DRI Annual Report for the reporting period ending September 1, 2003. Also enclosed is the $250 review fee check. We apologize for the delay in submitting this report. Sinceul` , Robert Pergoliz Principal Cc: Marina Pennington, Florida Department of Community Affairs -,Bryan-Perry,--City-of Clearwater-> Larry Gelb, Bausch & Lomb Maura Mingus, Bausch & Lomb Jayne Sears, Johnson, Pope, Bokor, Ruppel, & Bums, LLP File 03-006. MAR 0 2004 'A f? ,IT Pt?.i W L ..1.:w Ct I Y 'OF LSO, -RWAf ER PARK PLACE (DRI NO. 92) t CLEARWATER, FLORIDA DRI ANNUAL STATUS REPORT For the Year Ending September 1, 2003 March 2004 PREPARED FOR: Bausch & Lomb, Inc 21 Park Place Boulevard Clearwater, FL 33759 Prepared by: GULF COAST CONSULTING, INC. Project # 03-006 March 2004 TABLE OF CONTENTS 1. INTRODUCTION .............................................................................. I II. ANNUAL STATUS REPORT .......................................................... I III. EXHIBITS .......................................................................................... 5 EXHIBIT A - SUMMARY OF DEVELOPMENT ORDER CHANGES EXHIBIT B - REVISED MASTER PLAN EXHIBIT C - SUMMARY OF DEVELOPMENT ACTIVITY EXHIBIT D - OWNERSHIP EXHIBIT E - PERMITTING INFORMATION EXHIBIT F - COMPLIANCE WITH DEVELOPMENT ORDER CONDITIONS I. INTRODUCTION This annual status report has been prepared pursuant to the requirements contained within the Park Place DRI (DRI No. 92) Amended Development Order (as originally adopted by the City of Clearwater on September 1, 1983; amended and adopted October 20, 1983, and re-adopted December 8, 1983) and as further amended by NOPC applications approved by the City of Clearwater via Ordinace # 5142-91 (December 19, 1991), Ordinance # 5722-95 (January 19, 1995), Ordinance # 6107-96 (November 21, 1996), and Ordinance 6678-01 (February 1, 2001). This report is being submitted simultaneously to the City of Clearwater (local government) the Tampa Bay Regional Planning Council (TBRPC), and the Department of Community Affairs, Division of Resource Planning & Management, Bureau of State Planning (DCA). II. ANNUAL STATUS REPORT Reportperiod September 1, 2002 to September 1, 2003. Month/Day/Year Month/Day/Year Development: Park Place (DRI No. 92) Location: Clearwater Pinellas City County ' Developer: Name: Bausch & Lomb, Inc. Address: 21 Park Place Boulevard Clearwater, FL 33759 ' 1. DESCRIBED ANY CHANGES MADE IN THE PROPOSED PLAN OR DEVELOPMENT, PHASING, OR IN THE REPRESENTATIONS CONTAINED IN ' THE APPLICATION FOR DEVELOPMENT APPROVAL SINCE THE DEVELOPMENT OF REGIONAL IMPACT RECEIVED APPROVAL. NOTE ANY ACTIONS (SUBSTANTIAL"DEVIATION DETERMINATION) TAKEN BY LOCAL ' GOVERNMENT TO ADDRESS THESE CHANGES. Previous NOPC applications have extended the' build-out date, modified the land use ' mixture to include light industrial uses (Bausch & Lomb), multi-family residential uses, and established trade-off mechanisms within the DRI. The NOPC adopted on February 1, 2001, reduced approved retail and office space, added a land use conversion factor for Parcel 6 to ' allow multi-family or hotel, and extended the build-out. date to December 31, 2003. That NOPC modified Map H (dated September 18, 2000) to include a total of 81,120 s.f retail commercial, 390 multi-family units, 685,759 s.f office, 200,000 s.f industrial park. ' Although it did not occur during the 2002-2003 reporting year, an additional NOPC was filed on September 11, 2003 by Bausch & Lomb to extend the build-out date to December 31, 2008-.This NOPC modified Map H (revised August 22, 2003) to note the new build-out ' date. ' 2. HAS THERE BEEN A CHANGE IN LOCAL GOVERNMENT JURISDICTION FOR ANY PORTION OF THE DEVELOPMENT SINCE THE DEVELOPMENT ORDER WAS ISSUED? IF SO, HAS THE ANNEXING LOCAL GOVERNMENT ADOPTED.A NEW DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER FOR THE PROJECT? PROVIDE A COPY OF THE ORDER ADOPTED BY THE ANNEXING LOCAL GOVERNMENT. No. The City of Clearwater is the local government. 3. PROVIDE COPIES OF ANY REVISED MASTER PLANS, INCREMENTAL SITE PLANS, ETC., NOT PREVIOUSLY SUBMITTED. A copy of the adopted Map H dated September 18, 2000 and Ordinance 6678-01 are included in Appendix B. A copy of the revised Map H (revised August 22, 2003) is also included. 4. PROVIDE A SUMMARY COMPARISON OF DEVELOPMENT ACTIVITY PROPOSED AND ACTUALLY CONDUCTED FOR THE REPORTING YEAR, AS WELL AS A CUMULATIVE TOTAL OF DEVELOPMENT PROPOSED AND ACTUALLY CONDUCTED TO DATE. During the reporting year between September 1, 2002 and September 1, 2003, there was no . new development activity within Park Place. 5. HAVE ANY UNDEVELOPED TRACTS OF LAND IN THE DEVELOPMENT (OTHER THAN INDIVIDUAL SINGLE-FAMILY LOTS) BEEN SOLD TO A SEPARATE ENTITY. OR DEVELOPER? IF -SO, IDENTIFY TRACT, ITS SIZE AND THE BUYER. PROVIDE MAPS WHICH SHOW THE TRACTS INVOLVED. During the reporting year Parcel 9 (Parcel ID #17/29/16/001/0010) was sold to JJ Danmar, ' Inc. and Stephen D. Klein. Warranty deed dated February 24, 2003 is included in Appendix D. Exhibit D also contains a listing of current property owners. 6. DESCRIBED ANY LANDS PURCHASED OR OPTIONED ADJACENT TO THE ORIGINAL DEVELOPMENT OR REGIONAL IMPACT SITE, SUBSEQUENT TO ISSUANCE, OF THE DEVELOPMENT ORDER. IDENTIFY SUCH LAND ITS SIZE AND INTENDED USE ON A SITE PLAN AND MAP. No lands adjacent to the DRI have been purchased or optioned by the current owners of property within the Park Place DRI to the best of our knowledge. 7. LIST ANY SUBSTANTIAL LOCAL, STATE AND FEDERAL PERMITS WHICH HAVE BEEN OBTAINED, APPLIED FOR, OR DENIED, DURING THIS REPORTING PERIOD. SPECIFY THE AGENCY, TYPE OF PERMIT AND DUTY FOR EACH. During the reporting year certain minor permits were obtained. Exhibit E contains permitting information. ' 8. PROVIDE A LIST SPECIFYING EACH DEVELOPMENT ORDER CONDITION AND EACH DEVELOPER COMMITMENT, AS CONTAINED IN THE ADA, AND ' STATE HOW AND WHEN EACH CONDITION OR COMMITMENT HAS BEEN COMPLIED WITH DURING THE ANNUAL REPORTING PERIOD. ' Please see Exhibit F "Compliance with Development Order Conditions and ADA Commitments". ' 9. PROVIDE ANY INFORMATION THAT IS SPECIFICALLY REQUIRED BY THE DEVELOPMENT ORDER TO BE INCLUDED IN THE ANNUAL REPORT. ' In addition to items required by the Annual Report form, the-Park Place Development Order specifically requires each Annual Report to include the following: ' "a discussion of all development activities proposed to be conducted ... for the year immediately subsequent to the submission of the Annual Report" ' Site Plan approval was granted for an 85,000 s.f. office building on Parcel 6 on April 6, 2001. This approval has expired. No new construction activity took ' place during the reporting year. and: "a statement listing anticipated applications for Development Approvals or ' Permits ...which the Developer proposes to submit during the year immediately following submittal of the Annual Report" ' The preparer has no knowledge of applications for further approvals to be submitted during the next reporting year. Park Place is substantially built-out with little developable land remaining. The lack of imminent development was ' the primary reason for filing the NOPC to extend the build-out date. and: "a cumulative report of trade-offs made pursuant to Subsection 4.A.A hereof ' during the reporting year." No trade-off mechanisms were implemented during the reporting year. ' 10. PROVIDE A STATEMENT CERTIFYING THAT ALL PERSONS HAVE BEEN SENT COPIES OF THE ANNUAL REPORT IN CONFORMANCE WITH SUBSECTIONS 380.06 (15) AND (18), F.S. ' I hereby certify that a copy of this annual report has been sent to the City of Clearwater, Tampa Bay Regional Planning Council, and the State Department of Community Affairs. Completed By: ' Robert Perg fiz$, AICP AICP #9023 ' Principal Gulf Coast Consulting, Inc. III. EXHIBITS EXHIBIT A - SUMMARY OF DEVELOPMENT ORDER CHANGES EXHIBIT B - REVISED MASTER PLAN EXHIBIT C - SUMMARY OF DEVELOPMENT ACTIVITY EXHIBIT D - OWNERSHIP EXHIBIT E - PERMIT INFORMATION EXHIBIT F - COMPLIANCE WITH DEVELOPMENT ORDER CONDITIONS EXHIBIT A SUMMARY OF DEVELOPMENT ORDER CHANGES The Park Place DRI Development Order was originally approved by the City of Clearwater as ' Ordinance 3205-83 on September 1, 1983 for 150,000 s.f retail uses and 1,103,000 of office space and have a build-out of 1991. To annex the project into the City the ordinance was amended and readopted as . Ordinance 3287-83. Ordinance 5142-91 (adopted December 19, 1991) subsequently amended the Development Order and Master Plan to include 200,000 s.f of industrial uses, a maximum floor-area-ratio for the industrial use, a ' reduction of office space, a change of the phases and extension of the build-out date. Ordinance 5722-95 (adopted January 19, 1995) further amended the Development Order by changing the development to consolidate to one phase, decrease office space and extend the build-out date to 2000, adding a t conversion factor to allow multi-family, and added a conversion factor from office and industrial to multi-family. The Development Order was amended by Ordinance 6107-96 (adopted November 21, 1996) to provide a land use conversion factor for Paecel 4. Ordinance 6678-01 (adopted February 1, ' 2001) amended- the Development Order to extend the build-out date to December 31, 2003, establish a land use trade-off mechanism to allow hotel or multi-family on Parcel 6, in exchange for office space. Existing development includes: 81,120 square feet retail/commercial ' 304,639 square feet office 100,000 square feet industrial ' 390 multi-family residential units Subsequent to the end of the reporting year a NOPC application was filed to extend the build-out date to December 31, 2008. EXHIBIT B REVISED MASTER DEVELOPMENT PLANS N PARCEL 3 °a 0 0, W_ ?z 0 Fr 0 EXISTING ACCESS LAND USE EXISTING PLANNED TOTAL RETAIL/ COMMERICAL 81,120 SF 0 81,120 SF OFFICE 304,639 S 100,000 S 404,639 SF LT. INDUSTRIAL 100,000 SF 100,000 SF 200,000 SF MULTI-FAMILY RESIDENTIAL 390 DU 0 DU 390 DU 485,759 SF 200,000 SF 685,759 SF TOTAL 390 DU 0 DU 390 DU tlD.IES: 1. THE PROPOSED AMOUNT OF SQUARE FOOTAGE FOR INDIVIDUAL UNDEVELOPED PARCELS ARE BASED ON BEST AVAILABLE MARKET INFORMATION AND ARE SUBJECT TO CHANGE. FUTURE THE AMOUNT OF TOTAL DEVELOPMENT. HOWEVER WILL NOT EXCEED THE AMOUNT OF DEVELOPMENT APPROVED BY THE DEVELOPMENT ORDER. ACCESS 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, 2008. 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, 8 AND 8. No MULTI-FAMIL 250 500 234 D.U. (234 MULTI-FAMILY D.U. EXIST) PARCEL 1 LIGHT INDUSTRIAL 200,000 SF (100.000 SF EASTING) _?-EXISTING I ACCESS NATURAL AREA ' ',? OFFICE PARCEL 2 0 82,179 SF OFFICE 0°Jv MULTI-FAMILY ° PARCEL 8 101,900 SF (82,179 SF EXISTWO) PARCEL 4 156 D. U. (101.900 SF EASDNG) (159 MULTI-FAMILY D.U. E%IST) Q? COMMERICAL -J PARCEL 5 PARCEL 6 55, 278 SF (120.590 SF OFFICE EXLtiTNC) (100.000 SF OFFICE PLANNEO) PARCEL 7 ?JEE (59.2'° EMT ON 220,56 6 S?/? F PARCELS 7 AND 9) , ry COMMERCIA COMMERCIAL 5. PARCEL 8 IS PLANNED FOR 100,000 SF OF OFFICE DEVELOPMENT. CONVERSION RATES OF PARCEL 10 PARCEL 11 1,000 SF OF OFFICE DEVELOPMENT TO 2.40 MULTI-FAMILY UNITS WITH A MAXIMUM OF 240 k_i (14,539 5F ENSTING) UNITS, OR 1,000 SF OF OFFICE DEVELOPMENT TO 2.44 HOTEL ROOMS WITH A MAXIMUM OF (11.303 si EwS11NC) 244 UNITS ARE HEREBY ESTABLISHED FOR PARCEL B AS APPROVED BY ORDINANCE 6678-01. GULF-TO-BAY BOULEVARD COMMERCIAL 25,842 SF (RETAIL) (2°.842 SF EXSTING) PARK PLACE DRI - MASTER DEVELOPMENT PLAN MAP H Gulf Coast Consultants, Inc. DATE: Land Development Consulting REVISED: FIGURE: AUGUST 22, 2003 DRAWN BY: RAW ' 02-20-01 01:16Pm From-JOHNSON AAKEtY +T27441861i T-429 P.OS/II F-485 ORDINANCE NO. 6678-01 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,. AND ORDINANCE NO. 6107-96, 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; REDUCING APPROVED OFFICE AND RETAIL SPACE; PROVIDING-A CONVERSION FACTOR FOR MULTI-FAMILY AND HOTEL DEVELOPMENT; EXTENDING THE BUILDOUT DATE; DETERMINING THAT SAID AMENDMENTS ARE t CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE ' EFFECTIVE DATE OF THIS ORDINANCE. 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 October 11, 2000, Park Place Land, Ltd., a Florida limited partnership, the owner 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 ' 1 Ordinance No. 6678-01 . 02-3C-O1 01:16pm From-JOHNSON AAKELY +T274416617 T-429 P 04%1i F-49.9 ' WHEREAS, the NOPC proposes to amend the Development Order to (i) provide a land use conversion factor for Parcel 6 shown on Exhibit "B" attached hereto and incorporated herein for the conversion of approved office development to multi-family ' and/or hotel development and (ii) extend the buildout date by three years to December 31, 2003 (collectively, the "Proposed Changes"); and WHEREAS, portions of the Development are individually referred to herein by the Parcel Numbers shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, certain of the Proposed Changes, combined with previous amendments to the Development Order, are presumed to create a substantial deviation, pursuant to Subsection 380.06(l 9), 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 DRls; 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, and 6107-96, is a valid final\ Jgvolopment order within the provisions of Section 163.3167(8), Florida Statutets, affecting the property described on Exhibit "A" attached hereto and incorporated herein. 2 Ordinance No. 6678-01 .. 02-20-01 01:16pm From-JOHNSON AAKELY +7274418617 T-429 P 05/11 -485 B. Park Place Land, Ltd., a Florida limited partnership, the owner of Parcel 6 ' of the Development as shown on Exhibit "B," has proposed the following amendments to the Development Order: 1, Reducing approved office and retail space; 2. Adding a land use conversion factor for Parcel 6 for the conversion of approved office development to multi-family and/or hotel development; and 3. Extending the buildout date by three years to December 31, 2003. 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, solid waste, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA"). F. The Proposed Changes heretofore 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 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 3 Ordinance No. 6678-01 i . - OZ-2001 01:16pm P,om- 0HNSON,BLAKELY +r ZT441861 T T-429 P 06/H r-465 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 DRl 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, Park Place Land, Ltd., and other owners of the Development are authorized to approvelconduct 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 Amended Conceptual Plan attached hereto as Exhibit "B." B. Section 4.C. of the Development Order is amended to read: ' 4.C. The Project is approved for 390 multi-family dwelling units and a ?--4 4 67685,759 square feet, total maximum floor area of 4, comprised of a maximum 7-85;529 404.639 square feet of office use, a maximum 200,000 square feet of industrial use and a maximum !50, = 81,120 square feet of retail commercial use, subject to the conversion factors set forth in Subsection 4.A.A. The permitted maximum floor area is to be approved subject to the FAR limitations set forth below. 4 Ordinance No. 6678-01 ' OZ-ZO~01 01:17Pm From-JOHNSON AAKELY +7174418617 T-4Z9 P 07111 F-435 C. Subsection 4-A.A. of the Development Order is amended to add the following: Conversion factors to permit 1,000 square feet of office development to convert to either (i) 2.4 multi-family units or (ii) 2.44 hotel rooms are hereby established for the office area shown as Parcel 6 on ' Exhibit "B." These conversion factors are set forth in the following table: LAND USE TRADE-OFF RATES PARCEL 6 1,000 sq. ft. Office 72.44 .4 Multi-Family Units 1,000 s q. ft. Office Hotel Rooms Notwithstanding the foregoing, development on Parcel6 shall be limited as follows: k Multi-Family 0** 111 ** Hotel 0** 185""" .,_ int.%?kil ., ... Iftiii'°6 Office 0* 100,000* • square feet of floor area units ' "•" rooms D. The buildout date is hereby extended to December 31, 2003. / 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. ' G. The City Clerk shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Park Place Land, Ltd., DCA and TBRPC. 5 Ordinance No. 6678-01 ' 02-20-01 aI:ITpm From-!OHNSON,BLAKELY +T2T4418617 T-429 P.08/11r-485 H. This ordinance shall be deemed rendered upon transmittal of copies hereof to the TBRPC and the 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 January 18, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED February 1, 2001 , /Ku?.*- f - Brian ungs Mayor - Co missioner Approved as to form: Attest: Leslie K. Dougall-. ides C y n 1'a . GOUdP,au Assistant City Attorney City Clerk 6 Ordinance No. 6678-01 ' 02-a-01 OI:ITpm From-JOHNSOULAKELY +727441861T T-429 P.09/11 F-485 EXHIBIT "A" TO ORDINANCE NO. 6678-01 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°19'2,1" 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 01 °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 01°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 114 of the Northwest 114 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 comer of said Northeast 114 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. 7 ' 02-:0•-01 01:17pm From-JOHNSON,BLAKELY +7274418617 EXHIBIT "B" TO ORDINANCE NO. 6678-01 T-429 P.10/11 F-485 PARK PLACE DRI - MASTER DEVELOPMENT PLAN, MAP H REVISED SEPTEMBER 18, 2000 8 DREIV STREET N PARCEL i LIGHT INDUSTRIAL D 150 3D0 PARCEL 3 200,000 SF . (ILA o" d msn.ol ACCESS MULTI--FAMILY 234 D.U. ' (])/ afAll-fAVtl DX. WS11 E X13 TUN u / ACCESS CC p, ct a ia? L 1 i HAM. Al. AREA OFFICE PARCEL z OFI 82,179 SF CE MULTI-FAMILY 1 D9 PARCEL 8 PARCEL 4 156 D U ra,.1T/ sr mica OWl1RU:T1:/f) 1?-v0 lr C1IIW- . . pm Irtn-uAn. au L»!q = ? Qy COMMERICAL (Bi7a ) Q PARCEL 5 PARCEL. a p 55, 278 SF ltaslo u Dma /+slw7 . (150,4(0 A tms RAMM) PARCEL 7 F ( 7 / C 220 560 f PARC&I 7 AD 9) , 'COMMERCIAL LCOVI,#.ERaAt l1,I PARCEL 1D ARO:L 11 p9.l1P s 411OUIC) CULF-TO-BAY BOULEVARD LAND USE EXISTING PLANNED TOTAL RETAIL/ COMMERICAL 81,120 SF 0 8),128 SF OFFICE 222,960 Sf 182,179 SF 404,639 SF LT. INDUSTRIAL IOD,000 SF 100,00D SF 200,000 SF 1AUUl-FP.IdIIY . T- -- RESIDENTIAL 340 Du 0 DU 390 UU TOTAL 403,580 SF 282,179 SF 685.759 SF 390 DU -------------- D DU 390 Dll ACCESS tIII131' 1. INI PAOPtQi ADD.IfT Df OWM( ffAlAt[ fY. RCI,I:/AN 1ARtf.L 1f lD PAl1;(171 A'r AN'll a art) AW-Axt 1fAA%C7' 1K'AgYAn:// ARD Ml R,B.CCI TD D1NAX mr AJIDA 1 ML a.ncofoAl, ? Pot OX"D IM -Qu-a a 1(,uCf%dDA A"PgACD By *4 C4FKL01ulxl YWCA 2• n1AT lW.MW Of "n B &tX*F D(i MAT IIE,AV A to BE DMILW09 K pfl1A11n TD M=1 40 iQ,a61QMf'. P, L.CA- Nlr f4i PL f4ANlf'D ARC fCB Vl % AA foi ofM n.VIDLCEUv 31..'11071 .3. 11CingDal Rl1O d I,OpO 13J ML MCI a Wf11,1USIR AU fF,tItlHLN! to B)f &.PAPADAD l D at DDABN MMLC p(l( I57y3-lO 2,6 1 A.4 /IWYf MARAAfM 1114 PAID 1 At . 4. AYf LUCp-""V "C0IWn,A D(1t1.(P4a11 W% D: L.= 10 PA77(13 2, a a AAB B 5- P/AQ3 4 is KA"'a iDi 1DI YA A [i ti11rL a(K1P %"?. %ftL%)LL7JA RATE` C4 1,401 19 Ci WM Kla-AXT TO 240 M.En-rAI4,T 11,irs WW A wLti ( or 21a tAlliB. CA I,fOf Y Lf DnV3 D1nCWIjt 10 1.11 M71EL IN:UB k•In A YJUfy,V J COMMERICAL 25842 SF 2H Wn ,A, 11Mv ErTAjEn*w ""'A%m B , IlnAll Dg6q Y [Itslnv) W ryrYq 1.1 9 a DESIGN con%CYMA-b%& c. uAr, DrvCVA"T rwCAlravlrA 1I61911u 1 ft- V g"nvia C4 PARK PLACE DRI -MASTER DEVELOPMENT PLAN monp.AG on son MAP N REVISED. SEPTEMBER 18, 2000 EXHIBIT C SUMMARY OF DEVELOPMENT ACTIVITY ' During the reporting year from September 1, 2002 to September 1, 2003, no new construction was initiated. EXHIBIT D OWNERSHIP DRI PARCEL PARCEL ID # PROPERTY OWNER 1 17/29/16/85546/000/0010 Bausch & Lomb 21 Park Place Blvd. Clearwater, FL 33759 2 17/29/16/85546/000/0020 California State Teachers Retirement System 750 B Street, Suite 1500 San Diego, CA 92101 3 17/29/16/85546/000/0030 Same as Parcel # 2 4 17/29/16/00000/230/0130 Park Place Land, Ltd. 3225 Aviation Avenue, Suite 700 Coconut Grove, FL 33133 5 17/29/16/00000/240/0600 Glenborough Fund VIII 400 South El Camino Real San Mateo, CA 94402 6 17/29/16/00000/240/0400 Park Place Building, Ltd. 3225 Aviation Avenue, Suite 700 Coconut Grove, FL 33133 7 17/29/16/00000/230/1100 Glenborough Fund VIII 400 South El Camino Real San Mateo, CA 94402 8 17/29/16/00000/230/0100 Highwoods/Florida Holdings 3111 W. MLK Blvd., Suite 300 Tampa, FL 33607 9 17/29/16/59392/001/0010 J.J. Danmar, Inc.& Stephen D. Klein 490 Hillsborough Street Palm Harbor, FL 34683 10A 17/29/16/66373/000/0010 Clant, Inc. 10B 17/29/16/66373/000/0020 P.O. Box 916464 11C 17/29/16/66373/000/0030 Longwood, FL 37291 111) 17/29/16/66373/000/0040 11E 17/29/16/66373/000/0050 F. WIT TSSES: lvansr 00-Wn1?1101g11-18 " tlsmessNarar P FC IM. FLOR11A OF CQiRT DOC TAX f9J61.40 !tom a-*"OD3 10:3:" a RECVW s 1839 51 =40-4& FIIJ J DMMOR INC 000000 ?uq.aa by.r aa.n ar. DIA30E001 Mc:L'S73 WG:1461 [K:1W J Muaatt thrteaue evil NMDG 002 PRO 1 110.5 WiUmns, helm.lt.riraa. Dar A c;eteva Mosaa chayrAvese PM STpP - MC29 3 19-W.4( Swains. Flaw 342% f9a1 t!raaaoo MAL: Iv-377A 00 MIMMF31ED: 14.377A 009: IA o!-oUil00 t "An- 4•20M to SUlan WARRANTY DEED PINELLAS CC I1,( IRS73 PC 1441 THIS INDUMIRE nude February NOt, 2003. by and betaren At.EX-ARL FLORIDA COMPANY. a Dismct of Cohrmnba general paruKnhtp. hereinafter tefemd to as Gramm. aboae post office address a 901 Venetia Bay Mvd, Suer 300. Verism FL 342n and J. J. DANMAR. INC.. a Florida rorpoupon and STEPHEN D. KLEIN. as Touter of The Klein Family Trost under Trost Agree it dated 21130000. as teramn m common. bet. her rekrrsd to u Gramee. whose past Wwr address a 670 Island Way. Suer 600. Cka water. FL 33767. WIT MEM EM Gramm. m cmmderanoo of the star of ten dollars and older vvikii k caudenoons to butt in had paid by Grantee, tecetpt of atwh a beteby ackoowkdged. floes hereby gran, bngam, wU ad com ey to Gramm he begs and assign forever. the folloamg described Plow Y smte m Pmelln Canty. Flards: Lands fymg m Pinellas County. Florida. described m EXHIBIT "A" arached berets. . Snltject to tesescoom. reses,-atam. and easements of record; apple abk govrmmenot G - .. Li V ugulasors; and taxes for the cvmem year. f(((( Gramm. Stephen D. Kim as Trustee. is hereby conferred rroh the power and ambonty to protect. convene. sek kale. encumber. convey. and odternue manage and dispose of the Trusts merest in the sbmr-described property pursuant to the pro"sons of Section 699.071. Florida Statutes The merest of army beaefesry hneuoder s hereby defined and declined to be personal property only. together with all appate sanees- privileges. nghu, interests. down. reversions, remarders and easememu thereunto appenammg. Gramm hereby covenants with Grantee that Grantor is IawfWly sewed of said peopet.) in fee smtplethat a is five of encumbrances euvp as above sated. that Gramor has good right and'haaful i abanty to convey same. and that Gnmee shall have quiet enJoymrm i ervof (know does hereby fully w•arram the tick to said popert) and will defend the same agaeuist the lawld claum of all persons ahomateve. As used berern the tom';minor' and 'Gramee shall usclude their ws ecmve hesm devisers, personal seprescnamcs, tawYcssas and asstgm: any gender shall include all genders, de plural number the usgulas and the singular. the Plural. 11r WITNESS WHEREOF. (ianot has caused this deed to be executed m is muse by its undersigned duly aahaard patine the date above wvtmen. ALEX-ARL FLORIDA COMPANY By Air AN Flqr* Company. Inc.. a Delaware corpmtaMas. u 4`ee Partner By: I. c II sin ICosporate Stall STATE OF FLORIDA COU IV OF SARASOTA The faegoiug iaanmbteos was atlmowkdged hefate me UM 24 day of FeEriury 2003 by Richard. Mec'bdL as Resides of Ale:-All Florida Company. Inc- a Delaware capaahm and grins l partner of ALEX-APL FLORIDA COMPANY. a District of Cnhmtdsia general pommhq, an behalf of Ae sapaaiois and the pumeahip. He has +- as ideau&aaom if rat ma aced the above mined peasas essaua0y ?owtr im ` sd' PsuL6c •• F. [ NO" riyawsaa adaaavg ia.2tNa tta On "211111 Print Name ofNoary Pnb6c I am: Noisy Rrblie aJthe Saar of FTsida l PF •,_;y i. ..-_.. ?. _ sti.LlAi?a'f?_i3?f?a ".s..::: .._:.i.':.::•• ? Vin^?? ? - BAIT `A" Pik LOT 1. Block 1. M. MUGGS SUBDIVISION. as per plat tbeneof recorded in Plat Book 91. Pnge 40. FUbUc; Records of Pinellas Couaty, Florida. Pedestrian TOGETHER ? it vehicular truffic ova aseraid and egos and to peways scron the parking acs r jowl driveways located on the fallowing dacrined pared: A portion of the Northwest 114 of Senioo 17. Township 29 Sown. Range 16 East, Pinellas County, Florida. being mate particularly deacrr'bed as bilows: Commence at the onatter of said Section 17. Township 29 Sarlh, Raope 16 East, also being the point of Umseaion of the oeotediue of Gdf4o-Bay Boulevard (State Road 6% and Hampton Road (County Road 144), as a point of refetence, thence along the East/Wee CEnM, ine of said Soaioo, Satoh 59.46-01- Wet, 1.882.75 feet. thence laving said centerline Notch 00.13.39- West, 60.00 be to a point an the Northerly right-of--way One of Gulf4*-Bay Boulevard (a 120 loot tigltt-of-way): thence north01.04-04- East. 199.84 feet. tbenoe North 89.46-01- East, 102.04 fed to the Point of Beginning; -I Nash 00.13.39- West. 90.00 fact. thenree North 89.46-01- East. 73.00 fees. thence South 00.1339- East, 10.00 fM thence North 89.16'01- East. 23.00 feet: thence South 00.13'S9- Fast. 80.00 lea; thence South 89.16'01' West. 100.00 feet to the Point of Beginning- TOGETHER WrM all other easemem right contained in Warsanry Deed by and between MDC Aaociatei 31-A. Lid.. a Georgia limited paruwrs*. which has as its sok general partner Metro Development Carporatlnn, a Georgia corporation, and Steak and Ak of Florida. Inc.. dated October 25, 1984. recorded in Official Records Boole 3870. page 1322.• Public Records of Pinellas County. Florida. TOGBI MM %TM all caseao w tights contained in Access Easement by and between Sneak and Ale ofFlork%. Inc.. a Nevada corporation, aad MRL f C-M. Ltd.. a Texas limited pantoership. dosed June 30, 1989. recorded in Official Records Book 7036. page 0046. Public Raootds of PiaeBns Canty, Florida, as modified by instrument dated December 24, 1997. and reoordad k Official Records Book 10377. page 554. public Records of Pisepss Couary, Florida. t C EXHIBIT E ' PERMIT INFORMATION SEPTEMBER 1, 2002 - SEPTEMBER 1, 2003 DATE Sept. 2002 October 2002 October 2002 October 2002 November 2002 December 2002 December 2002 PERMIT # BCP2002-09420 BCP2002-10441 BCP2002-10504 BCP2002-10525 BCP2002-11229 BCP2002-12109 BCP2002-12224 ADDRESS 21 Park Place Blvd. N. 21 Park Place Blvd. N. 21 Park Place Blvd. N. 21 Park Place Blvd. N. 21 Park Place Blvd. N. 21 Park Place Blvd. N. 21 Park Place Blvd. N. TYPE Tree Removal Interior Renovations Fire Sprinklers Fire Alarm Interior Renovations Modify Fire Sprinklers Install Chilled Water Pump April 2003 October 2002 October 2002 October 2002 November 2002 December 2002 December 2002 January 2003 February 2003 March 2003 March 2003 April 2003 April 2003 April 2003 April 2003 May 2003 BCP2003-04170 BCP2002-10413 BCP2002-10414 BCP2002-10649 BCP2002-11395 BCP2002-12110 BCP2002-12471 BCP2003-01720 BCP2003-02313 BCP2003-03340 BCP2003-03422 BCP2003-04256 BCP2003-04302 BCP2003-04585 BCP2003-04587 BCP2003-05127 300 Park Place Blvd S. #150 Equal Change out 311 Park Place Blvd #310 311 Park Place Blvd #400 311 Park Place Blvd. #200 311 Park Place Blvd.#200 311 Park Place Blvd. #300 311 Park Place Blvd. #300 311 Park Place Blvd. #300 311 Park Place Blvd. #400 311 Park Place Blvd. #601 311 Park Place Blvd. #500 311 Park Place Blvd. #310 311 Park Place Blvd. 6 h Fl. 311 Park Place Blvd. 5 h Fl. 311 Park Place Blvd. 5 h Fl. 311 Park Place Blvd. #500 Interior Renovations Interior Renovations Interior Renovations Modify Fire Sprinklers Modify Fire Sprinklers Add Fire Alarm System Modify Fire Alarm System Add Fire Alarm System Interior Renovations Interior. Renovations Install Telephone Cables Add Fire Alarm System Modify Fire Sprinklers Modify Fire Sprinklers Electrical November 2002 BCP2002-11227 380 Park Place Blvd. Water Meter for Irrigation EXHIBIT F COMPLIANCE WITH DEVELOPMENT ORDER CONDITIONS AND ADA COMMITTMENTS All conditions of approval and Developers commitments, as contained in the Park Place DRI Development Order (amended February 1, 2001) and the ADA are still in effect and being met. A statement of compliance is included: SECTION 4 A Preliminary and Final Site Plans Submitted for each Phase and Consistent with the "Conceptual Plan." All development activity must receive the appropriate city approval consistent with the Master Development Plan (Map H). All development levels comply. AA Prior to issuance of any permit utilizing the conversion factors, DCA and TBRPC will be notified. Developer has complied. Conversion factors have not been utilized to date. B All development shall be consistent with applicable land development codes. All development has been reviewed by City of Clearwater staff for compliance with codes. BB. 1. Portion of Park Place Blvd. dedicated to City of Clearwater. Developer has complied. All of Park Place Blvd. is City right-of-way. , BB 2. Portion of Park Place Blvd. constructed prior to Certificate of Occupancy for Parcels 4 or 6, no later than 12/31/98. Final segment of Park Place Blvd. was constructed, and accepted by City of Clearwater. C. Maximum floor area of 1,145,520 s.f. (795,520 office, 150,000 s.f retail, 200,000 s.f. light industrial) subject to conversion factors. Current floor area does not exceed allowable amounts. Developer has reduced the planned amounts further. CC. Mass transit requirements. Developer has constructed bus shelters on Park Place Blvd. Developer will continue to comply. D. Acquire land for ingress/egress west of the project. Access to the west was previously acquired and still exists. E. Funding commitments for transportation improvements prior to first Final Site. Plan approval after 1/19/95. All developer transportation funding commitments have been met. EE. Prior to issuance of any permit for Parcel 4, owner of Parcel 4 shall grant City a 10 foot easement for pedestrian ingress/egress. Developer has complied. FF. Parcel 4 is entitled to curb cuts on Park Place Blvd. for access purposes. Curb cut and left turn lane constructed with Park Place Blvd. construction. G. Funding commitments for transportation improvements. The developer has paid it's proportionate share and mitigated it's impacts. H. Requiring certain City cooperation. No action during the reporting year. 1. Deleted via Ordinance # 5142-91 J. Responsibility for all construction and improvements made on-site and maintenance thereof. Individual owners have continued to maintain respective their properties and any construction projects and are being monitored by City inspectors. ? K. ? N. ? o. ? P. Q. ? a ? T. Designated aquatic lands shall remain undisturbed, excepting as approved for use consistent with the City retention policies. No development activity has occurred affecting the aquatic lands. Measures to control water quality and erosion. Individual property owners have continued to maintain water quality and erosion. Any construction is monitored by City inspectors. Monitoring of on-site water quality in the project drainage system. . The issued SWFWMD permit contains water quality monitoring provisions where appropriate. Individual contractors are held responsible for compliance with conditions. Paved surfaces cleaned periodically as part of water quality maintenance. Paved surfaces are cleaned as needed by individual owners. Drainage plans required at time of Final Site Plan approval. All previously approved development complied with the City drainage requirements. Any future development will comply with Final Site Plan submittal requirements (including drainage plans). Final Drainage Plans to meet FGFWFC recommendations. All previously approved development has complied Future development will also comply. Bicycle and pedestrian paths required. Sidewalks have been constructed on Park Place Blvd. Soil limitations corrected and mitigated, additional soils testing as required. All previously approved development activity complies with the stated requirement as a condition of plan approval by the City. Construction phased to keep any trees with active osprey nests in place through nesting season. Osprey nest has been successfully relocated. Capture-release program established and approved by FGFWFC for certain wildlife species. Developer has complied. A capture-release project approved by FGFWFC was completed December 6, 199 1. . U. Any historic or archeological resources discovered to be reported to appropriate state agency. All previously approved development complied. All future development will comply. V. Site Plans must include provisions for preservation and transplanting of tree clusters and individual trees where possible. All previously approved development complied. All future development will comply and undergo review by City arborist prior to approval. W. Encouragement of energy conservation measures. All previously approved development complied. All future development will comply as a condition of approval by the City. X. Maintenance of on-site wells. Well on Parcel # 2 required rerouting to provide fresh water. SWFWMD permit was issued and well repaired in prior reporting year. Y. NOT APPLICABLE (City requirement) Z. Contribution of proportionate share of construction costs for certain traffic improvements. The developer has paid it's proportionate share and fully mitigated it's transportation impacts. C ITY OF C LEARWATER ®e O All F 10 PLANNING & DEVELOPMENT SERVICES ADMINISTRATION rr€A',r , t sri( i{ SEP 0 f'9 9 POST OFFICE BOX 474cg ?" r trw?? Nnri?irn.,<; tiF dt ?t F ='?TEFtF?+4` (,LEARWATER, FLORIDA j37Sg-474g;a?" Atir,tn;. x!llr;,r±?,yfl? P METER ' •.?"" Inrt?ill?t:?rrtlacl;;r:3?s ?_ ? _ 7206248 r 4o Si,+rlr Njjr11f+e1. '.rtirt3l;i ^ - foloved left R,;+ q:.rc rss -- Rt. %?OZ Ne F3ecepta; !a FVtil. Expired Carner la, Do Not ;email in 7:h;s _Sn,; +..ps e.,.ae John Dronzek, Jr. Vice President, Development 33 1st Street South St. Pete, Florida 33701 & Construction yy iiyy t( = { .} J } r, w ?• U •.?'4. )f111Itii11Il11jy ?11511111.( 1111i111if(1i1 ?0.33? U.S. POSTA CITY OF C'LEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 August 31, 1999 Grand Couloir Corp. ATTN: John Dronzek, Jr. Vice President, Development & Construction 33 1s` Street South St. Petersburg, Florida 33701 RE: Nonsubmittal of DRI Annual Report - Sheraton Sand Key Resort Expansion Dear Mr. Dronzek; Pursuant to Subsection 380.06(18), Florida Statutes, this letter is to request an annual report for the Development of Regional Impact (DRI) for the Sheraton Sand Key Resort Expansion, DRI #179. The annual report is due April 6`I' of each year and has not been completed since 1992. According to the above statute, "The failure to submit the report after 30 days shall result in the temporary suspension of the development order by the local government." Please advise if your records indicate a different due date by providing the appropriate documentation to John Meyer at the Tampa Bay Regional Planning Council and Cyndi Hardin at the City of Clearwater. Please call me at 562-4557 if you need further information. Thanks for your attention to this matter. Sincerely, Gary Jones qv_4? Senior Planner cc: Mr: John Meyer, DRI Coordinator, TBRPC Ms. Marina Pennington, Florida Department of Community. Affairs Ralph Stone, Director, Planning Department Cyndi Hardin, AICP, Asst. Planning Director ONE CITY. ONE FUTURE. BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HOOPER, VICE MAYOR-COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER ® J.B. JOHNSON, JR., COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" PARK PLACE PINELLAS COUNTY, FLORIDA DRI ANNUAL STATUS REPORT For the Year Ending September 1, 2001 Revised January 2002 PREPARED FOR: BAUSCH & LOMB SURGICAL 21 Park Place Boulevard North Clearwater, FL 33759 PREPARED BY: ENGINEERNG• ASS00ATES,1 . 4921'M4orial Highway ?Onb!Wib6fiial Center, Suite 300 Tampa `lrida 33634 x(81 ?}8??88$1 wvdvv kinngineering.com TABLE OF CONTENTS PAGE I. INTRODUCTION .............................................................................................. 1 II. ANNUAL STATUS REPORT ............................................................................ 1-4 III. EXHIBITS ....................................................................................................... 5 EXHIBIT A - SUMMARY OF DEVELOPMENT ORDER CHANGES EXHIBIT B - APPROVED REVISED MASTER DEVELOPMENT PLAN, MAP H EXHIBIT C - SUMMARY OF DEVELOPMENT ACTIVITY EXHIBIT D - PARK PLACE OWNERSHIP EXHIBIT E PERMIT INFORMATION EXHIBIT F - COMPLIANCE WITH DEVELOPMENT ORDER CONDITIONS & ADA COMMITMENTS t I. INTRODUCTION This annual status report has been prepared pursuant to the requirements contained ithi th P k Pl DRI N 92 D l d O i i b h Ci w n ar e ace ( o. ) eve opment r er (as or g nally adopted y t e ty of Clearwater on September 1, 1983; amended and adopted on October 20, 1983, and ' readopted on December 8, 1983), and as further amended via DRI Notices of Proposed Change (NOPC) approved by the City of Clearwater (Ordinance Nos. 5142-91, 5722-95 and 6107-96) and Chapter 380.06 (18) F.S., and in conformance with Form RPM-BSP ' Annual Report-1. This report is being submitted simultaneously to the City of Clearwater (local government), the Tampa Bay Regional Council (TBRC), the Southwest Florida Water Management District (SWFWMD) and the Department of Community Affairs, Division of Resource Planning and Management, Bureau of State Planning (DCA). ' II. ANNUAL STATUS REPORT ' Reporting Period: 9/1/2000 to 9/1/2001 Month/DayNear Month/DayNear Development: Park Place (DRI No. 92) Name of DRI Location: Clearwater Pinellas City County - Developer - Name: BAUSCH & LOMB SURGICAL Company Name ' Address: 21 Park Place Boulevard North Street Location Clearwater FL 34606 City, State, Zip Code ' 1. DESCRIBE ANY CHANGES MADE IN THE PROPOSED PLAN OF DEVELOPMENT, PHASING, OR IN THE REPRESENTATIONS CON- TAINED IN THE APPLICATION FOR DEVELOPMENT APPROVAL SINCE THE DEVELOPMENT OF REGIONAL IMPACT RECEIVED APPROVAL. EXHIBIT A SHOULD ALSO ADDRESS THE FOLLOWING ADDITIONAL ITEMS IF APPLICABLE: A. DESCRIBE CHANGES IN THE PLAN OF DEVELOPMENT OR PHASING FOR THE REPORTING YEAR AND FOR THE ' SUBSEQUENT YEARS; B. STATE ANY KNOWN INCREMENTAL. DRI APPLICATIONS FOR 1 0:\ADMIN\2002\Projecu\1255-012-000\Letters\STONE01 CP.doc DEVELOPMENT APPROVAL OR REQUESTS FOR A SUBSTANTIAL DEVIATION DETERMINATION THAT WERE FILED ' IN THE REPORTING YEAR AND TO BE FILED DURING THE NEXT YEAR; ' C. ATTACH A COPY OF ANY NOTICE OF THE ADOPTION OF A DEVELOPMENT ORDER OR THE SUBSEQUENT MODIFICATION OF AN ADOPTED DEVELOPMENT ORDER THAT WAS ' RECORDED BY THE DEVELOPER PURSUANT TO PARAGRAPH 380.06 (15) (F), F.S. 1 The approved plan of development was amended by Ordinance 6678-01 of the City of Clearwater. A copy of this amendment is included as Exhibit A. 1 2. HAS THERE BEEN A CHANGE IN LOCAL GOVERNMENT JURIS- DICTION FOR ANY PORTION OF THE DEVELOPMENT SINCE THE DEVELOPMENT ORDER WAS ISSUED? IF SO, HAS THE ANNEXING ' LOCAL GOVERNMENT ADOPTED A NEW DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER FOR THE PROJECT? PROVIDE A COPY OF THE ORDER ADOPTED BY THE ANNEXING LOCAL GOVERNMENT. No change in local jurisdiction occurred during this reporting year. 3. PROVIDE COPIES OF ANY REVISED MASTER PLANS, INCREMENTAL SITE PLAN, ETC., NOT PREVIOUSLY SUBMITTED. During the reporting year changes occurred to The Amended Master Development Site Plan (MAP H). The. revised Map H is included in this report as EXHIBIT B. 4. PROVIDE A SUMMARY COMPARISON OF DEVELOPMENT ACTIVITY PROPOSED AND ACTUALLY CONDUCTED FOR THE REPORTING YEAR AS WELL AS A CUMULATIVE TOTAL OF DEVELOPMENT PROPOSED AND ACTUALLY CONDUCTED TO DATE. Please see EXHIBIT C of this report. 5. HAVE ANY UNDEVELOPED TRACTS OF LAND IN THE DEVELOPMENT (OTHER THAN INDIVIDUAL SINGLE-FAMILY LOTS) BEEN SOLD TO A SEPARATE ENTITY OR DEVELOPER? IF SO, IDENTIFY TRACT, ITS SIZE AND THE BUYER. PROVIDE MAPS WHICH SHOW THE TRACTS INVOLVED. 2 0:\ADM1N\2002\Proj ects\ 1255-012-000\Letters\STONE01 CP. doc To the best of our knowledge, no tract Ownership has been transferred or changed. See Exhibit D for complete property ownership information. 6. DESCRIBE ANY LANDS PURCHASED OR OPTIONED ADJACENT TO THE ORIGINAL DEVELOPMENT OF REGIONAL IMPACT SITE SUBSEQUENT TO ISSUANCE OF THE DEVELOPMENT ORDER. IDENTIFY SUCH LAND, ITS SIZE AND INTENDED USE ON A SITE PLAN AND MAP. To the best" of our knowledge, no lands adjacent to the DRI site have been purchased or optioned by the current.owners of undeveloped land in the Park Place project or by the previous developer. 7. LIST ANY SUBSTANTIAL LOCAL, STATE, AND FEDERAL PERMITS WHICH HAVE BEEN OBTAINED, APPLIED FOR, OR DENIED, DURING THIS REPORTING PERIOD. SPECIFY THE AGENCY, TYPE OF PERMIT AND DUTY FOR EACH. Please see EXHIBIT E, PERMIT INFORMATION, for a summary list of permit and approval information. 8. PROVIDE A LIST SPECIFYING EACH DEVELOPMENT ORDER CONDITION AND EACH DEVELOPER COMMITMENT AS CONTAINED IN THE ADA AND STATE HOW AND WHEN EACH CONDITION OR COMMITMENT HAS BEEN COMPLIED WITH DURING THE ANNUAL REPORT REPORTING PERIOD. A list summarizing each Development Order condition and the developer's compliance with each condition is attached as EXHIBIT F, COMPLIANCE WITH DEVELOPMENT ORDER CONDITIONS. 9. PROVIDE ANY INFORMATION THAT IS SPECIFICALLY REQUIRED BY THE DEVELOPMENT ORDER TO BE INCLUDED IN THE ANNUAL REPORT. In addition to items required by the Annual Report form, the Park Place Development Order specifically requires each Annual Report to include the following: a discussion of all development activities proposed to be conducted ... for the year immediately subsequent to the submission of the Annual Report. A temporary Certificate of Occupancy was issued on February 2001 on the 3 0:\ADMW0002\Projects\1255-012-000\Letters\STONE01 CP.doc ' 85,000 sf office building located on Parcel 8. This certificate has since expired and requires compliance to conditions. Other than that, we have no ' specific knowledge of additional plans being prepared or which may be submitted during the forthcoming reporting year for the remaining undeveloped portion of the DRI. and: a statement listing anticipated applications for Development Approvals or Permits .... which the Developer proposes to submit during the year immediately following submittal of the Annual Report. On April 6t" 2001, approval was granted for an 85,000 square foot office building in Parcel 6. and: a cumulative report of trade-offs made pursuant to Subsection 4.A.A. hereof during reporting year. . No trade-off mechanisms were used by Park Place developers during this reporting year. ' 10. PROVIDE A STATEMENT CERTIFYING THAT ALL PERSONS HAVE BEEN SENT COPIES OF THE ANNUAL REPORT IN CONFORMANCE ' WITH. SUBSECTIONS 380.06(15) AND (18), F.S. I hereby certify that a copy of this annual report has been sent to the City of ' Clearwater, the Tampa Bay Regional Council, the State Department of Community -Affairs and the Southwest Florida Water Management District on January 14, 2002. In addition, owners identified in Exhibit D have been sent a copy of this r t epor . Person completing the questionnaire: Chris Papandreas, AICP Title: Senior Planner/Project Manager King Engineering Associates, Inc. ' Representing: Bausch & Lomb Surgical 0:\ADMIlV\2002\Projects\1255-012-000\Letters\STONE01 CP. doe III. EXHIBITS Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Development Order Amendment Ordinance 6678-01 Revised Map H, Master Development Plan Summary of Development Activity Park Place DRI Ownership Permit Information Compliance With Development Order Conditions 5 0:\ADMIN\2002\Projects\1255-012-000\Letters\STONE01 CP.doc EXHIBIT A Summary of Development Order Changes 1 EXHIBIT A ' SUMMARY OF DEVELOPMENT ORDER CHANGES The Park Place DRI Development Order was originally approved by the City of Clearwater as Ordinance No. 3205-83 on September 1, 1983 for 99.1 acres of commercial and office development with 1,500,000 square feet of office and 460,000 square feet of retail uses. To annex ' the project into the City, the ordinance was amended and readopted as Ordinance No. 3287-83. Ordinance No. 5142-91 subsequently amended the Development Order and Conceptual Plan to provide 200,000sf of industrial use, a maximum floor area ratio for the industrial use, a reduction of office space, a change to the project phasing, extension of build-out date and a change in the ' timing of payment for transportation costs. Ordinance 5722-95 further amended. the Order_by changing development phasing to one phase, decreasing office space, extending the build-out date ' to the year 2000, and adding a conversion factor to allow for multi-family residential development along with the conversion of either office or industrial to multi-family. Amendments to the Park Place development order were approved by the City as Ordinance No. 6107-96 on November 21, ' 1996. This amendment provided the land use conversion factor for Parcel 4. Ordinance 6678-01 approved in 2001 amended the Development Order as shown in the table below. The current project components are as follows: Existing Approved / Under Construction Proposed Maximum it Retail Commercial 81,020@ Office 222,460 Industrial 100,000 Residential 390 85, 000* 81,120 404,639 200,000 390 *Site Plan approval, 2001 Land use trade-off rates for Parcel 6 were established to allow multi-family or hotel use to occur on- site. The build-out date for the development order was extended to 2003. Please see EXHIBIT B of this Annual Report for the adopted MAP H, MASTER DEVELOPMENT PLAN. 0:\ADMM002\Projects\1255-012-000\Letters\STONE01 CP.doc 1 ORDINANCE NO. 6678-01 ' 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, AND ORDINANCE NO. 6107-96, 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; REDUCING APPROVED OFFICE AND RETAIL SPACE; PROVIDING A CONVERSION FACTOR FOR MULTI-FAMILY AND HOTEL ' DEVELOPMENT; EXTENDING THE BUILDOUT DATE; DETERMINING THAT SAID AMENDMENTS ARE CONSISTENT WITH THE ADOPTED COMPREHENSIVE ' PLAN; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, on September 1, 1983, the City Commission adopted Ordinance No. 320543 (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 ' IAIHEREAS, on October 20, 1983, the City Commission adopted Ordinance No. 32137-83, an amendment to the Development Order and readopted Ordinance No. 32137-83 on December 8, 1983; and 1 "'HEREAS, on December 19, 1991, the City Commission adopted Ordinance No. 51,12-91, an Amendment to the Development Order; and "HEREAS, 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. ' 6107-913, an Amendment to the Development Order; and WHEREAS, on October 11, 2000, Park Place Land, Ltd., a Florida limited ' partnership, the owner 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 Statuten" (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 Ordinance No. 6678-01 ' WHEREAS, the NOPC proposes to amend the Development Order to i provide land use conversion factor for Parcel 6 shown on Exhibit "B" attached (hereto and incorporated herein for the conversion of approved office development to multi-family and/or hotel development and (ii) extend the buildout date by three years to December 31, 2003 (collectively, the "Proposed Changes"); and ' WHEREAS, portions of the Development are individually referred to herein by the Parcel Numbers shown on Exhibit B attached hereto and incorporated herein; and 1 WHEREAS, certain of 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 VVHEREAS, 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 V MEREAS, 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. Finding - 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, and 6107-96, 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. ' 2 Ordinance No. 8678-01 1 B Park Place Land, Ltd., a Florida limited partnership, the owner of Parcel 6 of the Development as shown on Exhibit "B," has proposed the following 1 , amendments to the Development Order. ' 1. Reducing approved office and retail space; 2. Adding a land use conversion factor for Parcel 6 for the conversion 1 of approved office development to mufti-family and/or hotel development; and 1 3. Extending the buildout date by three years to December 31, 2003. C. A comprehensive review of the impacts generated by the Proposed Ch ' anges, together with all previous amendments, has been conducted by the City's departments, the TBRPC and the DCA. 1 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, solid waste, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA" ). 1 F. The Proposed Changes heretofore approved are determined not to be a substantial deviation to the Development Order. ' S t i 3 C ec on . onclusions 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 1 H, Master 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 3 Ordinance No. 6678-01 F 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. Ec. 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, Park Place Land, Ltd., 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. -action 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 Amended Conceptual Plan attached hereto as Exhibit "B." B. Section 4.C..of the Development Order is amended to read: 4.C. The Project is approved for 390 multi-family dwellina uits and a total .'maximum floor area of 20 685.759 square feet, comprised of a maximum ;95,.GA 404,f39 square feet of office use, a maximum 200,000 square feet of industrial use and a maximum X869 81.120 square feet of retail commercial use, subject to the conversion factors set forth, in Subsection 4.A.A. The permitted I maximum floor area is to be approved subject to the FAR limitations set forth below. 4 Ordinance No. 6678-01 t C. Subsection 4.A.A. of the Development Order is , amended to add the ' following: Conversion factors to permit 1,000 square feet of office development to convert to either (1) 2.4 multi-family units or (ii) 2.44 hotel rooms are hereby established for the office area shown as Parcel 6 on Exhibit "B," These conversion factors are set forth in the following table: LAND USE TRADE-OFF RATES PARCEL 6 -21 ' 1,000 sq. ft. Office 2.4 Multi-Family Units 1,000 sq. ft. Office 2.44 Hotel Rooms Notwithstanding the foregoing, development on Parcel6 shall be limited as follows: D. The buildout date is hereby extended to December 31, 2003. 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. G. The City Clerk shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Park Place Land, Ltd., DCA and TBRPC. 5 Ordinance No. 0678-01 square feet of floor area " units "' rooms I?. This ordinance shall be deemed rendered upon transmittal of copies hereof ' to the TBRPC and the DCA. 1. Notice of adoption of this ordinance shall be recorded by the Developer in ' the public records of Pinellas County, Florida, as provided in Section 380.08, Florida Statutes. i-ection 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 January 18, 2001 ' PASSED ON SECOND AND FINAL READING AND ADOPTED February 1, 2001 Brian ungs Mayor - Co missioner Approved as to form: Attest: Uzi/ i i &a-1 Leslie K Dougal ides Cyn is . Goudeau Assistant City Attorney City Clerk 1 w 6 Ordinance No. 6678-01 1 11 EXHIBIT "A" TO ORDINANCE NO. 6678-01 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 00°1921" 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-cf-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 01 °04'04" E, 59CI.99 feet; thence S 89°46'01" W, 198.43 feet; thence N 00°52'21" E, 554.70 feet; thence S 89°5449" 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 01 °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 11 056'04" 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 20°51'27" E, to a point cn 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 comer 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 114 to a point on the West right-of-way line of Mampton Road - County Road 144; thence S 00°19'21" E, 2337.71 feet, along said W:st 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. 7 t " " EXHIBIT B TO ORDINANCE NO. 8678-01 PARK PLACE DRI - MASTER DEVELOPMENT PLAN, MAP H ' REVISED SEPTEMBER 18, 2000 8 1 EXHIBIT B Revised Map H Master Development Plan GREY! STREET PARCEL I PARCEL 3 200, 000 SF \\ (IoD,OGA w Dam" EXISTING _ ACCESS m? W VI a r L 0 OFFICE 82,179 SF OFFICE PARCEL, 9 101,900 SF (atus sr umm PARCEL 4 AOaSmIcn" (Im.mo Dy41rq COMMERICAL (RCrAIL). 55,278 SF PARCEL 7 lps,? or nm cm PMDdS 7 AN 11) Om RC(A PAR COMMERCIAL PARCEL 10 brain sr cxnm) GULr-TO-BAY BOULEVARD IZaER®A OE5X3N TAN,f?9 ?pltf? CVR?y11., Onwpup CONSUL Arl . , -, PNIA P1Arp p,11pr MULTI-FAMILY 234 D.U. R>• WLs-rugr ou. Imq pQ PARCEL ??' 0 MULTI-FAMILY 156 D.U. Q? Ris Alan-rmky ALL Mm QP? PARCa 5 PARCEL 6 (1wom sr3"ml. Lw 1?000osaa1¢ F 220,560 -SF / omwalmAL PARCEL 11 Kw Sf Doses r :!!D uSE , E)OS71MG f PUNNED T07AL RETAIL/ . COMMERICAL 81;120 SF 0 81,120 SF 'EXISTING OFFICE 222,469 S 182,179 SF 404,639 SF ACCESS LT. INDUSTRIAL 1001000 SF IDO,O00 SF 200,000 Sr )AULTI-FAMILY RESIDENTIAL .. 590 DU 0 DU 390 DU T07AL 403,580 5 282,179 SF 685.759 SF 390 DU 0 DU 390 DU a d x ACCESS yumm, 7. DE MWOSm W,oR WL 10A1i1Ac ILA ArWWUAL toWft o P/F p ?x ntN ao Inc az4GAT ? DIN 11t .assnN+olm aAlr Q 2 llu7 ParIRW Or lllf DEIIICf?yr ilAl _ aPa a "'Iaem '° l caroomm RAMS n¢ mnvurmi?r NEE or uwr MMLMAL won m 'v APPROSEA W oomuly lor]7-i6 Numv wv"w w W ?AAO0. I AS w i MUI{11t7aiUINLU RMgPwJ" OIL E uY1Ry TO PAIM3 X L g ?M S. PARCEL A B PtANM IM loUm Sr or Ep?,, COMMERICAL 25,842 SF 0.1 IAW Mf IgIR X61 IWI? m r pµw imp "mm M016 1A W?MA??My or I fisAU ir fmmN PARK PLACE DRI - MASTER DEVELOPMENT PLAN MAP 'H REVISED SEPTEMBER 18, 2000- NATURAL Af1EA Z t t EXHIBIT C w Summary of Development Activity 1 I EXHIBIT C SUMMARY OF DEVELOPMENT ACTIVITY During the 200/01 reporting year, no construction was initiated. Site plan approval was granted for an 85,000 square foot office building on Parcel 6. 11 C 0:\ADMM002\Projects\ 125 5 -012-000\Letters\STONEO I CP.doc 1 1 L t t EXHIBIT D Park Place DRI Ownership EXHIBIT D PARK PLACE DRI OWNERSHIP Parcel Parcel No. Property Owner 1 17-29-16-85546-000-0010 Bausch & Lomb Surgical 21 Park Place Blvd. N. Clearwater, FL 33759 2 17-29-16-85546-000-0020 The Grand Reserve at Park Place L.P. 3 17-29-16-85546-000-0030 474 S. Northlake Boulevard Altamonte Springs, Florida 32701 4 17-29-16-00000-230-0130 Park Place Land Ltd., Deloitte & Touche 3225 Aviation Avenue #700 Coconut Grove, Florida 33133 5 17-29-16-00000-240-0600 Stacy Glenborough 7 17-29-16-00000-230-1100 400 South El Camino Rio San Matio, California 94402 6 .17-29-16-00000-240-0400 Park Place Land Ltd. Clinton International 3225 Aviation Avenue #700 Coconut Grove, Florida 33133 8 17-29-16-00000-230-0100 Highwoods Properties Holdings 3111 W. Martin Luther King Boulevard #300 Tampa, Florida 33601 9 17-29-16-59392-001-0010 Alex-Arl Florida Company 901 Venetian Bay Blvd. Venice, FL 34292 10A 17-29-16-66373-000-0010 Clant, Inc. 10B 17-29-16-66373-000-0020 P.O. Box 916464 11C 17-29-16-66373-000-0030 Longwood, FL 37291 11D 17-29-16-66373-000-0040 11E 17-29-16-66373-000-0050 0:\ADMrN\2002\Projects\ 1255-012-000\Letters\STONE01 CP.doc EXHIBIT E Permit Information EXHIBIT E PERMIT INFORMATION List of Development Approvals and Permits For Reporting Year Ending September 1, 2001 Approval/Permit Agency Status/Approval Date PARCEL 1 City of Clearwater August 2001 Modification of Existing Wastewater Manhole as Instructed by the City of Clearwater, in order to allow for sampling point to be installed PARCEL 1 State of Florida April 2001 Proposed State Department of Highway access Transportation connection Parcel 6 Site Plan Approved 85,000 Sq. Ft Office City of Clearwater April 6, 2001 0:\ADMIN\2002\Projects\ 1255-012-000\Letters\STONE01 CP.doc 1 EXHIBIT F ' Compliance With Development Order Conditions EXHIBIT F COMPLIANCE WITH DEVELOPMENT ORDER CONDITIONS AND ADA COMMITMENTS All conditions of approval and Developer's commitments, as contained in the Park Place DRI Development ' Order (amended 11/221/96) and the ADA, are still in effect and being met. A brief review and statement of compliance with the conditions outlined are as follows: r Conditions & Commitments Compliance ' SECTION 4. A. Preliminary and final Site Plans submitted for each phase and consistent with DR[ "Conceptual Plan". AA. Prior to issuance of any permit utilizing the conversion factors, DCA and TBRPC will be notified. B. All development shall be consistent with ' applicable land development codes. BB. 1. Portion of Park Place Blvd. dedicated to the City of Clearwater 2. Portion of Park Place Blvd. constructed prior to C.O.'s for Parcels 4 or 6, or 12/31/98. All development activity must receive the appropriate City approval, consistent with the "Amended Conceptual Plan", Exhibit C, approved via Ordinance No. 6107-96. Developer has complied. All development activity is reviewed and approved by the City of Clearwater at time of plan approval. Developer has complied Park Place Blvd. constructed and accepted by City. ' C. Maximum floor area of 1,145,520 sf (795,520sf office use, 150,000sf retail, 200,000sf industrial) subject to conversion factors. CC.. Mass transit requirements. ' D. Acquire land for ingress/egress west of the project. E. Funding commitments for transportation improvements prior to the first Final Site. Plan approval after 1/19/95. Conversion factor utilized to allow 390 multi- family units. Developer has complied and will continue to do so. (Bus stop on Park Place Blvd. was constructed as part of apartment project). Access previously acquired. All developer commitments have been met. 0:\ADMIN\2002\Projects\1255-012-000\Letters\STONE01 CP.doc Conditions & Commitments Compliance EE. Prior to issuance of any permit for Parcel 4, owner of Parcel 4 shall grant City 10' easement for pedestrian ingress/egress. Developer has complied. FF. Parcel 4 is entitled to curb cuts on Park Place Blvd. for access purposes. G. Funding commitments for transportation improvements. H. Requiring certain City cooperation. Curb cut and median turn lane constructed with Park Place Blvd. construction. Developer has paid or committed to fund. No action required during reporting year. 1. - Deleted via Ordinance No. 5142-91 - J. Responsibility for all construction and improvements made on-site and maintenance thereof. Individual developers have continued to maintain respective construction projects and are being monitored by City inspectors. K. Designated aquatic lands shall remain undisturbed, excepting as approved for use consistent with City and retention policies. ' L. Measures to control water quality and erosion. 17 IJ, D No development activity has occurred affecting the aquatic lands. (Approved Grand Reserve Site Plan maintains aquatic lands) Individual developers have continued to maintain respective construction projects and are being monitored by City inspectors. M. Monitoring of on-site water quality in the SWFWMD have been issued permits for all land project drainage system. development activity. These permits contain water quality monitoring provisions where appropriate. The individual contractors are being held responsible for compliance with permit conditions. N. Paved surfaces cleaned periodically as part of water quality maintenance. Paved surfaces have continued to be cleaned as needed. 0. Drainage Plans required at time of Final Site Plan approval. P. Final Drainage Plans to meet FGFWFC recommendations. Q. Bicycle and pedestrian paths required. All previous and currently proposed development activity complies with the stated requirements as a condition of plan approval issued by the City. All previous and currently proposed development activity complies with the stated requirements as a condition of plan approval issued by the City. Proposed development complies by connecting Hampton Road to Park Place Blvd. To existing Drew St. and US 19 shopping with sidewalks. 0:\ADMM002\Projects\ 1255-012-000\Letters\STONEO I CP. doc Conditions & Commitments Compliance R. Soil limitations corrected and mitigated, All previous and currently proposed development additional soils testing as required. activity complies with the stated requirements as a ' condition of plan approval issued by the City. S. Construction phased to keep any trees with Osprey nest has been relocated successfully and active osprey nests in place through nesting occupied by osprey. season. ' T. Capture-release program established and Developer has complied; a capture-release project approved by FGFWFC for certain wildlife approved by FGFWFC was completed on species. December 6, 1991. U. Any historic or archaeological resources All previous and currently proposed development discovered to be reported to appropriate activity complies with the stated requirements as a state agency. condition of plan approval issued by the City. V. Site Plans include provisions for preservation and transplanting of tree All previous and currently proposed development activity complies with the stated requirements as a clusters and individual trees, where condition of plan approval issued by the City. possible. All previous and currently proposed development W. Encouragement of energy conservation activity complies with the stated requirements as a ' measures. condition of plan approval issued by the City. Well on Parcel 2 required rerouting to provide X. Maintenance of on-site wells. fresh water. Original well was drilled too deep. ' SWFWMD permit was issued and well repaired accordingly. Y. N/A (City requirement) Z. Contribution of proportionate share of ' construction costs for certain traffic improvements. 1 Developer has paid its proportionate share of transportation improvement costs in accordance with the applicable revised Development Order conditions. 0:\ADMIN\2002\Projects\ 1255-012-000\Letters\STONE01 CP. doc x I li? L DREW STREET I I I ? I ! ? 'I I I I I ' ?I LEGEND j I I I D i ? I f I I 'I OFFICE So 3,000sf I ! I COMMERCIAL 150,000sf INDUSTRIAL 200,000sf PROPOSED ACCESS (EXACT IOCATICN OF ENTRANCESiEX1T5 TO BE CETERMINED OURING :INAL SITE PLAN APPROVAL) JQ? =57 z L. 0 r uOTES: SR 60 IAAKIMUM OF 2 OUTPARCELS MAMMUM OF + OUTPARCELS 'J ACCESS FROM SR 60 SUBJECT TO FOOT APPROVAL 250. 100' Kmq Engmegrmg ASSOG14166. inc. :uly 30. 1991 AMENDED MASTER (REV. 12/19/91) ?H L? LEIa_ j• ? Ssjl ? ?G •? cF a.. I,II! I!3 J1 ULF-TO-BAY BOULEVARD ? I L-? DEVELOPMENT PLAN EXHIBIT 'B' . i / OTCS r I _ ?• THIS IS A CONCEPTUAL PLAN AND IS NOT TO BE USED FOR CONSTRUCTION. 2. LOCATIONS OF BUILDINGS ARE SUBJECT TO CHANGE. S; PREFERRED PARKING AND BUS SERVICE i PROGRAMS WILL BE FURTHER DELINEATED ; AS T.S.M. PLANS ARE PREPARED. I ' >rsTOR+ dFFIcE aur.?I•cs ?, PROJECT WILL CONSIST OF THREE PHASES PER THE A.D.A. i PHASES ARE SUBJECT i © I I TO CHANGE Q?-_=?, ? ,• ?. \__7 _G `,` _`` _ \ iq. 01 l??(? i __-- i ; `•__ ?tl VJ ] SZORV 001CE BUILDyfQS f APPROXIMATE LOCATI . OF BUST LOADING AREA O 11,` :t f _ or ,. - •.w / ,• i I 1. I I ,.. _ ?w .a w• - •.• i OYr !f \ OUT PARCELS! I j y ' +.. ..a ,r... ,?•,a w, .w PAACELA I .l ...?? ?'w. , ?, j ','GULF TO BM BOULEVARD ?---- 41 I CONCEPTUAL MASTER PLAN I 0 IDO '60. ' .? I PET'k pug,@@ I 71. . Metro Development Corporation Post, Buckley, Schuh & .Jernigan,' .. xe?uLr,nar - AX+. •• Aw uu . Al+. 1[ Aw •[[ P[+ • Aw 1•q T 4EGEND I OFFICE 803.000st ?? COMMERCIAL 150,00051 ` R`: I INDUSTRIAL 200,000st PROPOSED ACCESS (E%ACT LOCATION Of ENTRANCESIFXITS TO BE i OETE.I.E.0 OURING =INAL SITE PLAN APPROVAL) O I __ •-•-•?-? a - - 17 p F ? I I 4 II I I II II i? 'IO- t; ?I I? q Or Q? Al NOTES. •v w.au+U•• OF 2 OUTPARCELS 0 ••.AIMUM OF 1 OUTPARCELS © .CCESS FROM SR •o SU6JECT 10 FOOT APPROVAL -o A &I r' r V -- AMENDED MASTER DEVEL-OPMt:.N I r King Eny?neei? ??rr?o. 1991 .ueueu •, mc. EXHIBIT (REV. 12/19/91) c EXISTING ACCESS 0 150 300 COSTING ACCESS c LAND USE SCADULE LAND. USE EXISTING PLANNED TOTAL RETAIN COMMERCIAL ' 55278 SF 94,722 SF 150,000 SF OFFICE 120,560 SF 674.960 SF 795,520 SF LT. INDUSTRIAL 100,000 SF 100.000 SF 200,000 SF TOTAL 275,838 SF 869.682 SF 045,520 SF NOTES: I. 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 DEVELOPMENTAPPROVED BY THE DEVELOPMENT ORDER.. : 2• THAT PORTION OF THE DEVELOPMENT THAT REMAINS TO BE DEVELOPED IS REFERRED TO AS THE -PLANNED DEVELOPME1' THE BUILD-OUT DATE FOR THE PLANNED DEVELOPMENT AND FOR THE TOTAL PROJECT IS DECEMBER 2000.- 3. CONVERSION RATES'OF 1,000 SQUARE FEET OF LIGHT INDUSTRIAL DEVELOPMENT TO 633 SQUARE FEET OF OFFICE DEVELOPMENT, OR L000 SQUARE FEET OF OFFICE DEVELOPMENT TO 2.44 MULTI-FAMILY UNITS. OR LOOO SQUARE FEET OF LIGHT INDUSTRIAL DEVELOPMENT TO 1.54 MULTI-FAMILY UNITS. ARE HEREBY;ESTABIISHED. ',: 4. ANY MULTI-FAMILY RESIDENTIAL DEVELOPMENT WILL BE;UMC. ED TO PARCELS 43, 88. 5. CONVERSION RATES OF WOO SF OF RETAIL, . COMMERCIAL DEVELOPMENT TO 2875 SF OF OFFICE DEVELOPMENT OR 1,000 SF OF RETAIL COMMERCIAL DEVELOPMENT TO 11.96 ROOMS OF HOTEL DEVELOPMENT, OR IA00 SF OF OFFICE. DEVELOPMENT T044.16 ROOMS OF HOTEL DEVELOPMENT ARE HEREBY ESTABUSHED FOR PARCEL 4. w GLLF•TO41AY 80ULEVARO COMMERCIAL 25,000 SF (RETAIL) (16,837 SF EXISTING) KING ENGINEERING ASSOCIATES, INC, _ M_ _ y PARK PLAt..E ORI REVISED MASTER•..DEVELOPMENT, PLAN REVMm „Em im Planners, Engineers, Surveyors . qa ORDINANCE NO. 6107-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 3205-83, AS AMENDED BY ORDINANCE NO. 3287-83, ORDINANCE NO. 5142-91 AND ORDINANCE NO. 5722-95, 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; PROVIDING A CONVERSION FACTOR FOR RETAIL COMMERCIAL, OFFICE AND HOTEL DEVELOPMENT; REFLECTING THE CURRENT OWNERSHIP- AND CONFIGURATION OF THE PARCELS OF THE DEVELOPMENT; DETERMINING THAT SAID AMENDMENTS ARE CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 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 "Developmenfl; 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 Augusts It 1996, Park Place Land, Ltd., a Florida limited partnership, the owner 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 l Ordinance No. 6107-96 WHEREAS, the NOPC proposes to amend the Development Order to (i) provide a land use conversion factor for Parcel 4 shown on Exhibit "B" attached hereto and incorporated herein for the conversion of approved retail commercial development to office and/or hotel development and (ii) reflect changes in the ownership and configuration of the parcels of property within the Development (collectively, the "Proposed Changes"); and WHEREAS, the ownership of the Development is as shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, portions of the Development are individually referred to herein by the Parcel Numbers shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, certain of 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, and No. 5722- 95, is a valid final development order within the provisions of Section 2 Ordinance No. 6107-96 163.3167(8), Florida Statutes, affecting the property described on Exhibit "A" attached hereto and incorporated herein. B. Park Place Land, Ltd., a Florida limited partnership, the owner of Parcel 4 of the Development as shown on Exhibit "B," has proposed the following amendments to the Development Order. Adding a land use conversion factor for Parcel 4 for the conversion of approved retail commercial development to office and/or hotel development; and 2. Reflecting changes in the ownership and configuration of the parcels of property within the Development; and 3. 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, solid waste, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA"). F. The Proposed Changes heretofore 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 Plan, attached hereto as Exhibit "C," will not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to the area. 3 Ordinance No. 6107-96 t from the provisions of Ordinance No. 49-83, 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 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 regulc7tions, and based upon the record in these proceedings, the various departments of the City, Storz Ophthalmics, Inc., Building Operation Holding Company 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.j.;. The Conceptual Plan described in Sections 4.A. and 4.J. of the Development Order is amended as shown on Exhibit "C" attached hereto and incorporated herein. All references to the Conceptual Plan set forth in the Development Order shall refer to the Amended Conceptual Plan attached hereto as Exhibit "C." B. Section 4.C. of the Development Order is amended to read: 4.C. The Project is approved for a total maximum floor area of 1,145,520 square feet, comprised of a maximum 795,520 square feet of office use, a maximum 200,000 square feet of industrial use and a maximum 150,000 square feet of retail commercial use, subject to the conversion factor set forth in Subsection Q.. The permitted maximum floor area is to be approved subject to the FAR limitations set forth below. C. Section 4.C.1. of the Development Order is amended to add the following sentence: No FAR is applicable to multi-family residential use. 5 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 Rated 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 speck 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, Park Place Land, Ltd., 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 "C" attached hereto and incorporated herein. All references to the Conceptual Plan set forth in the Development Order shall refer to the Amended Conceptual Plan attached hereto as Exhibit "C." 4 Ordinance No. 6107-96 Post-it '"routing request pad 7884 Please ? READ ? HANDLE ? APPROVE and ? FORWARD ? RETURN ? KEEP OR DISCARD ? REVIEW WITH ME ROUTING - REQUEST To Date. From B. Section 4.C. of the Development Omer is amended to read: 4.C. The Project is approved for a total maximum floor area of 1,145,520 square feet, comprised of a maximum 795,520 square feet of office use, a maximum 200,000 square feet of industrial use and a maximum 150,000 square feet of retail commercial use, subject to the conversion factor set forth in Subsection 4.A.A. The permitted maximum floor area is to be approved subject to the FAR limitations set forth below. C. Subsection 4.A.A. of the Development Order is amended to add the following: Conversion factors to permit (i) 1,000 square feet of retail commercial development to convert to either (x) 2,875 square feet of office development or (y) 11.96 hotel rooms and/or (ii) 1,000 square feet of office development to convert to 4.16 hotel rooms are hereby established for the retail commercial area shown as Parcel 4 on Exhibit "B." These conversion factors are set forth in the following table: Notwithstanding the foregoing, development on Parcel4 shall be limited as follows: MINIMUM MAXWUM Office 0' 130,605* Hotel 0.. 'square feet of floor area "rooms. 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. J 5 Ordinance No. 6107-96 D. The following subsection is added to the Development Order as Subsection 4.E.E.: E.E. Prior to the issuance of any development permit for any portion of Parcel 4, the owner of Parcel 4 shall grant to then City a perpetual non-exclusive easement for pedestrian ingress and egress and construction and maintenance of a sidewalk at the City's cost. Such easement shall be ten feet (10') in width along the southerly boundary of Parcel 4 and shall extend from the westerly boundary of Parcel 4 to the easterly boundary of Parcel 4 ("Sidewalk Easement°). The City agrees that the Sidewalk Easement may be located within any setback areas on Parcel 4 and shall not have the effect of enlarging any Parcel 4 setbacks or otherwise reducing the development rights for Parcel 4. E. The following subsection is added to the Development Order as Subsection 4.F.F.: F.F. The owner of Parcel 4 shall be entitled to curb cuts for the purpose of access to and from Parcel 4 and Park Place Boulevard. F. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. G. 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 speck rights and protections are limited or modified by the proposed amendments to the Development Order as approved by this ordinance. H. The City Clerk shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Park Place Land, Ltd., DCA and TBRPC. 1. This ordinance shall be deemed rendered upon transmittal of copies hereof to the TBRPC and the DCA. J. 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. 6 Ordinance No. 6107-96 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attest: jCyna E. Gou deau rk A roved to form and legal sufficiency: Pamela K. Akin City Attomey November 7, 1996 November 21, 1996 - A1?15 & - 1 4 Rita Garvey Mayor - Commissioner I hereby certify that this is a true and correct copy of the original as it appears in the files of the City of C rarttater. Witness my hand and Official seal of the G' of Clearwater -q y iss? epu ity Clerk 7 7 Ordinance No. 6107-96 EXHIBIT "A" TO ORDINANCE NO. 6107-96 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 Guff-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°1359" W, 10.00 feet; thence S 29°46'01" W, 1319.21 feet; thence, leaving said North right-of-way line, N 01°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 01°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 comer 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. Ordinance No. 6107-96 ........_J L?.r_...?----- .......-_....._._ w w pr PARCEL-1 • ..r• ?r.?.r wTw a•'.. wy.yi ?.i??i•j.?.i.?' 1 wuewK IIM •! rt b N 00 O M PARCEL 6 1.! ----- - C CI? (IF Cp% -4 .4 ^ Ia I ORDINANCE NO. 5722-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 3205-83, AS AMENDED BY ORDINANCE NO. 3287-83 AND ORDINANCE NO. 5142-91, 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; PROVIDING FOR AMENDMENT OF THE DEVELOPMENT ORDER TO CHANGE THE PHASING OF THE DEVELOPMENT, DECREASE OFFICE DEVELOPMENT, CLARIFY THE DEVELOPMENT ENTITLEMENTS ALLOCATED TO EACH PARCEL OF THE DEVELOPMENT, EXTEND THE BUILD- OUT DATE, ADD A CONVERSION FACTOR FOR OFFICE, INDUSTRIAL AND MULTI-FAMILY RESIDENTIAL DEVELOPMENT, REVISE CERTAIN CONDITIONS OF THE DEVELOPMENT ORDER CONCERNING TRANSPORTA- TION MITIGATION AND OTHER PROVISIONS OF THE DEVELOPMENT ORDER, AND RESTATE ALL REMAINING TRANSPORTATION IMPROVEMENT OBLIGATIONS OF THE DEVELOPER, INCLUDING THE OBLIGATION TO DEDICATE AND CONSTRUCT PARK PLACE BOULEVARD; DETERMINING THAT SAID AMENDMENTS ARE CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 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 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 /1? I-) - 9s- WHEREAS, on AugL 29, 1994, Storz Ophthalmics, Inc nd Building Operation Holding Company, the owners of certain undeveloped areas o? 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 ("TBRPC") and the Florida Department of Community Affairs (the "DCA"); and WHEREAS, the NOPC proposes to amend the Development Order to (i) amend the phasing of the development from one phase with three subphases to one phase with no subphases; (ii) decrease office development by 7,480 square feet; (iii) clarify the development entitlements allocated to each parcel of the Development; (iv) extend the build-out date by four (4) years; (v) add a conversion factor for the conversion of approved office development to multi-family residential development and the conversion of approved industrial development to either office development or multi- family residential development; (vi) amend certain Development Order conditions to reflect changes in the transportation network affected by the Development; (vii) restate all remaining transportation improvement obligations of the Developer, including the obligation to dedicate and construct Park Place Boulevard; and (viii) amend certain provisions of the Development Order to be consistent with changes described in the NOPC (collectively, the "Proposed Changes"); and WHEREAS, the ownership of the Development is as shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, portions of the Development are individually referred to herein by the Parcel Numbers shown on Exhibit "B" attached hereto and incorporated herein; and WHEREAS, certain of 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 2 5 7? ? - is WHEREAS, the C Commission has reviewed the N' 'r-, 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 and No. 5142-91, , 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. Storz Ophthalmics, Inc., and Building Operation Holding Company, the owners of certain undeveloped areas of the Development as shown on Exhibit "B," have proposed the following amendments to the Development Order: 1. Modifying the phasing of the development to one phase with no subphases from one phase with three subphases; and 2. Decreasing office development by 7,480 square feet; and 3. Clarifying the development entitlements allocated to each parcel of the Development; and 4. Extending the build-out date by four (4) years, a cumulative extension of nine (9) years; and 5. Adding a conversion factor for the conversion of certain approved office development to multi-family residential development and the conversion of approved industrial development to either office development or multi-family residential development; and 6. Deleting or modifying certain Development Order conditions to reflect changes in the transportation network affected by the Development; and s 7,,)..2 - 9S 7. Restating remaining transportation imprc ',nent obligations of the Developer, including the obligation to dedicate and construct Park Place Boulevard; and 8. 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, solid waste, recreation and mass transit, from the original projections set forth in the Application for Development Approval ("ADA"). F. The Proposed Changes heretofore 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 Plan, attached hereto as Exhibit "C," 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 4 S7 J - 9S from the p visions of Ordinance No. 4983-9C fly of Clearwater and the Park Place ORl remains vested thereunder. E. Nothing herein shall limi! 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 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, Storz Ophthalmics, Inc., Building Operation Holding Company 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 as shown on Exhibit "C" attached hereto and incorporated herein. All references to the Conceptual Plan set forth in the Development Order shall refer to the Amended Conceptual Plan attached hereto as Exhibit "C." B. Section 4.C. of the Development Order is amended to read 4. C. The Project is approved for a total maximum floor area of 1,145, 145,520 square feet, comprised of a maximum 795,520 square feet of office use, a maximum 200,000 square feet of industrial use and a maximum 150,000 square feet of retail commercial use, subject to the conversion factor set forth in Subsection Q. The permitted maximum floor area is to be approved subject to the FAR limitations set forth below. C. Section 4.C.1. of the Development Order is amended to add the following sentence: No FAR is applicable to multi-family residential use. 5 D. Section 4.C.2. the Development Order is amena. , to read The Project shall consist of one phase as follows: Completion Maximum Floor Area in Square Feet Year RETAIL COMMERCIAL OFFICE INDUSTRIAL TOTAL 150,000* 795,520** 200,000*** 1,145.520 2000 'Includes 55,278 square feet existing as of 8/1/94. "Includes 120,560 square feet existing as of 8/1194. -Includes 100,000 square feet existing as of 8/1/94. The above development is allocated among the parcels described on Exhibit "B" attached hereto and incorporated herein as follows: RAAYIMIIUA M nno Aecw uI Qi........ r---- PARCEL NO. RETAIL COMMERCIAL OFFICE INDUSTRIAL 1 200,000 2 171,400 3 258,700 4 60, 000 5 120,5 60 6 120,000 7 60,000 8 124,8 60 9 5,000 10 10,000 11 15,000 TOTALS 150,000 795,520 200,000 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. E. Section 4.E. of the Development Order is amended to read: Prior to the approval of the firstinitia4 final site plan for the Development after the effective date of this OrdinanceSutphase---A4, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial 6 57 -2 - ?7i- responsibili :or its proportionate share of the -;st of construction of the transportation improvements. At the U.S. sesti ser?sfr?sf a Qrade-separated interGhange. This ement4eas--been--committed-to-+n-4he GUFFent Florida DepaFtment of pted--Five Y F York Progr led-for--F4ssal-Fear '95P96. ln4ed-ef the-fund* ng-?emmitment----! - - opertienate-share- ef--the st, -the-fellewing-serrvmitments4nay-l3e-made= a. Extend Druid CAaPd tie w ?ef--Road-and- Edenville Road. 's-impFOVement-will-provide-a parallel-4eliever-ar?se66 fGF State--Road-68-and-Prew-Strset- {This improvement-has been-ssmpleted- b--€xtend-and-widen -Brew-Street- as-a-fear-lane-divided-fink (four thFough- lanes-and-tdrr+--lanes as--are-appropriate) be-hAxteen U.S. 49 cMu4en-6eoth--Read--[This ia?prevement-has-been -completecH 6. PFi9F to, the i uKnee-ef-the-fifst--certificate-ef-oc upaney-aftef the-develepfneRt-genefates- 25 p.m--peak-hoar-net-external v velepef -6ha4-provide-Yp4"4,15;899-ta t#e-l efida-Be"Amentof TFansper#atien-fer-the-senstr-YGtion plans -e€--the-W. S. 19/DFew-St eet grade-separated e RteFGhaRge. As of 91, the develepment?enefates-296 p.m. peak hGUF net ehiele-trips.- here-funds--shall be provided-1 Lain -a- eemmitmen"of-the tfeet-grade-separated iRteFGhange during Subphase A2- 12. Construct access points to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer has paidshall-pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 23. At the S.R. 60IGlea ter-Mall-Dfivi-, 4 inter-se6tien-aenstfust-two eastbOURd to dnd-exclusWe left-turn lanes. The cast-of-4hese improvements shallbe -the-sale--respensibili"f-the-Develeper- Pwrsuant to ,n, 44., the Developer shad-pay-the-total-est-of these Fesponsibility-for censtFdctiRO-4h ese-improvements--r -his- improvement-has-been completed] 4. Install or renovate, as appropriate, traffic signals at the south project entrance and S.R. 60 and at Hampton Road and S.R. 60. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 42., the Developer has paidshatl-Pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [This improvement has been completed.] 35. Construct an exclusive left turn lane on S.R. 60 approach and an additional through lane in each direction on S.R. 60 at its intersection with Hampton Road. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer has paidshall-pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [These improvements have been completedafe-undeF sens ust+ea.] 46. Construct additional lanes on State Road 60 from U. S. 19 to McMullen-Booth Road. [This improvement has been completedis under rc)n6trdsfiea. 57. At the Belcher Road/S.R. 60 intersection, construct an-additional eastbound and westbound through lanes and additional exclusive left and-right-turn lanes on all approaches, and an additional right turn lane_ on the northbound and southbound ar)oroaches. The through lanes shall be continued to the next intersection or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer has paidshall-pay its proportionate share of the cost for construction of these improvements. 6. the U.S. 1918.R. 60 tersec;tion, Genstr-uet-an-eastbound-te southbound exGlusive right r- lane an44n--the westl3eun."ire6tion lane. -Purauant-#e subseet' velaper-shall-pay-its-pr-ope+tionate- &hare-ef the €-this4Mpreveroent- 69. Improve Drew Street to a four-lane divided arterial from U. S. 19 to N.E. Coachman Road, and add turn lanes at all signalized intersections in between. A funding commitment has been made for Tthis improvement which is programmed for construct lonc-ommitted to in the Metropolitan Planning Organization Transportation Improvement Program foras--being-constr-+oted--in fiscal year 1995/1996'9W93. R s?a? - 9s i F. Subsection 4.F. of the Development Order is hereby deleted. G. Subsection 4.G.1. is hereby deleted. H. Subsection 4.G.2. of the Development Order is amended to read: 2. Install and/or relocate additional traffic signals in the project area at Drew Street and the north project entrance, Drew Street and Hampton Road, the two south project entrances and State Road 60, and State Road 60 and Hampton Road. These-improvements-are-te be-made-gin -phases-as-+s-apprepr+ate-but--in--their-entira"y Subphase-A3. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer has paidshatl-pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [These improvements are completed- except- #er t)rew-Street-a nd-Drew-Street-and Hampton -mead.) 1. Subsection 4.G.3 is amended to read as follows: 3. Expand Hampton Road to a two-lane divided link (two through lanes with turning lanes as appropriate) from State Road 60 to Drew Street in phases related to points of access on Hampton Road, but in its entirety by Subphase A3. The cost of this improvement shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer has paidsha4-pay the total cost of these improvements and the City shall assume the responsibility of constructing the improvement. A funding commitment has been made for Tthis improvement which is scheduled by the City of Clearwater for its 1994/1995'993 Fiscal Year. J. Subsection 4.G.4. is hereby deleted. K. The Developer has paid its proportionate share of transportation improvements in accordance with revised Subsections 4.E.1 through 4.E.3, 4.E.5, 4.G.2., 4.G.3. and 42. of the Development Order. The only remaining obligation of the Developer concerning the transportation improvements is contained in Subsection 4.B.B. of the Development Order, as set forth in Section 4.N. of this Ordinance. L. The build-out year is hereby extended by a cumulative period of nine (9) years through 2000. 9 s;?.2 a - 9s- M. The following )section is added to the Developm. t Order as Subsection 4.A.A.: A.A. Conversion factors to permit 1,000 square feet of office development to convert to 2.44 units of multi-family residential development and/or 1,000 square feet of industrial development to convert to either (i) 633 square feet of office development or (ii) 1.54 units of multi-family residential development are hereby established for the office and industrial areas shown as Parcels 1, 2, 3 and/or 8 on Exhibit "B." Notwithstanding the foregoing, (i) multi-family residential development shall be permitted on Parcels 2, 3 and/or 8 only; (ii) reference to Parcel 2 herein specifically excludes the portion of Parcel 2 which is designated as "Preservation"; and (iii) development shall be limited as follows; MINIMUM MAXIMUM Industrial 100,000" 200,000' Office 240,560" 858,820' Multi-family Residential 0`" 510"' 'square feet of floor area "units N 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. The following subsection is added to the Development Order as Subsection 4.B.B.: 1. The portion of Park Place Boulevard shown as Parcel A on Exhibit "B" shall be dedicated to and accepted by the City prior to issuance of any development permit for any portion of Parcels 4, 5, 6 and 7 shown on Exhibit "B," but in no event later than ninety (90) days after the effective date of this Ordinance. The City will cease to issue any and all building permits and development approvals for Parcels 4, 5, 6 and 7 upon failure to comply with this Subsection B.B.1. 2. The portion of Park Place Boulevard shown as Parcel A on Exhibit "B" shall be completely constructed in accordance with the City's specifications on or before the earlier of the following: 10 S (i) ssuance of a certificate of occupy .y for any portion of the parcels designated Parcels 4 or 6 on Exhibit "B"; or (ii) December 31, 1998. The City will cease to issue any building permits or development approvals for Parcels 4, 5, 6, or 7, upon failure to comply with this Subsection B. B.2. 3. The portions of Park Place Boulevard adjoining Parcels 1, 2 and 3 shown on Exhibit "B" which have been dedicated shall be completely constructed in accordance with the City's specifications on or before the earlier of the following: (i) issuance of a certificate of occupancy for any portion of the parcels designated Parcels 2 or 3 shown on Exhibit "B"; or (ii) December 31, 1998. The City will cease to issue any building permits or development approvals for Parcels 1, 2, or 3 upon failure to comply with this Subsection B. B.3. 0. The following subsection is added to the Development Order as Subsection 4.C.C.: C.C. In order to facilitate mass transit service to the Park Place development, the Developer will work with the Pinellas Suncoast Transit Authority ("PSTA") as follows: 1. PSTA is allowed to run buses through the development in order to serve Park Place from both Drew Street and Gulf-to- Bay Boulevard. 2. The Developer grants permission to PSTA for the on-site installation of bus stops, benches, and shelters along the main roadway connecting Drew Street and Gulf-to-Bay Boulevard. 3. The Developer shall endeavor to notify PSTA at least two (2) months in advance of build-out, in order for PSTA to revise the necessary routes and schedules, install bus stops, passenger benches, and passenger shelters. P. The following • )section is added to the Developm Order as Subsection 4. D. D.: D.D. The City may not adjust the green time for State Road 60 at the Bennigan's driveway to account for Development traffic if such adjustment would result in an unacceptable level of service on State Road 60. Q. The following is added to Subsection S.A. of the Development Order, as an additional item to be contained in the annual report: 6. A cumulative report of trade-offs made pursuant to Subsection 4.A.A. hereof during the reporting year. R. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. S. 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. T. The City Clerk shall send copies of this ordinance, within five (5) days after passage of this ordinance on second reading to Storz Ophthalmics, Inc., Building Operation Holding Company, DCA and TBRPC. U. This ordinance shall be deemed rendered upon transmittal of copies hereof to the TBRPC and the DCA. V. 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 45 days after copies have been transmitted to the Tampa Bay Regional Planning Council and the Florida 12 5 7? ? - ??5? . .' OINK Stlrft PARCIEL 1 LIGHT INDUSTRIAL 200,000 SF ° PARCEL 3 1100.000 $F EXISTING) t` ACCESS OFFICE 258,700 SF I EXISTING NATLIML ACCESS AREA OFFIC)SF PARCEL : 124,860 PARCEL 1 1 OFFICE PARCELS 1,400 SF COMMERCIAL (REAk) 125,000 F ESS.278 SF EXIS OFFICE OFFICE (120.000 SF PLANED) t 1120.600 BF EXISTING) F PARCEL S PARCEL S O IG I PARCEL I PARCEL 9 11CPARCE1 F II I C PARCEL 15.000 mil W / 0LJ40M SOLLAWAO COMMERCIAL (RETAIL) n uw[o 7014 METAL/ COSME'RCIAL 53210%f 64.721W 150000$j OrKE 120.350 Sf A 14 Si0 S! rS5 520 1, LT. OIOIISTRNL 100.000 3f 100 WOW 200 0003, TOTAL 2150385F 669442W U15 SZO SA NOTE 5 ? IRO?ostD AApIMi a sown rooTAGE fa IrpTHS711A1 LL'IDEVELOPED ?ARCl1 s ARE YSLO a KST N AR.ARE YAIOLET 5/ORMAIoo Am ARE SWECT TO CINNGE TE AYOIXT Of T014 ormapboa.1I0NEVER Witt NCi ETCE D TILE AWMW OF OEYELOPI(NT APMOVED ITT ME KVEIOPI[M p1OER. 2 THAT ?OREION OF TIE OMLOPWO47 TNAT IIEM"4 TO K OEVELOKO 6 REFERRED TO AS TM n ANKI, DEMOPSENT'. THE PAO.OUr OATI FOR T,E PLANED OrMOPOKW AND MR TK TOTAL PROS( C i 6 KCDOM 2000. 3 CONVERSION RATES Of 1000 SOuARL FE[T OF LIOfT /OIWTML OEVELOft0r To 033 sOUARE FEET OP 9pryFIct KVELOPSENT OA 1000 SOIIARE FEET OF NIKt OEV[LOPKIII TO 211 IAA flfAYRI WITT%. OR LOW SQUARE FETE Or Loon POUSTRUt. KV[LOPMENT TO 124 W&UfAHLT uw7f AR[ IEREST ESTAKA ED 1. AN7 6R LTKANLV RESIDENTIAL DEV( L OPW N I WILL K LANM TO PARCELS 2.3 S A KING EN ER/NG ASSOC/AYES, iNC Planners. Engineers, Surveyors . I PARK PLACE bRI - REVISED MASTER DEVELOPMENT PLAN ft- . J m r PAMM i 7 PAR= 3 `4si4s? • •• v .. ti v 4 .u - Q" ?; N?ilaui. AKA rr r ` mom (iEo ass O ,' ' ire • __. + O / PAFOM 2 r aJ A.. _ ® PAR= 4 4.65 A. / ' r PAFCEL 6 t 8 A4 .._ U P te. 7 y PAR= 5 ?. 6J6 A. . o bH382 e--- ? PAF 10 J ? PARCEL ?.L 1 "' . ?U I O CL Z45 A._ E < _ rnu CL TO ?? SAY t t w t PAGE 4 OF 4- 5 /o?o? - VS EXHIBIT "B" to Notice of Proposed Chance Application PARK PLACE OWNERS VLSL Parcel I.D. No. 1 17-29-16.85546-000-0010 2 17-29-1645546400-0020 3 4 5 • v 1 T 29-16-8?000-0030 1T 29-16-00000-230-0130 17-29-1640000-240-0600 owner Storz Ophthalmics, Inc, 21 Park Place Blvd. N. Clearwater, FL 34619 Storz Ophthalmics, Inc. 21 Parts Place Blvd N. Clearwater, FL 34619 Storz Ophthalmics, Inc. 21 Park Place Blvd. N. Clearwater. FL 34619 Park Place Land. Ltd. c!o Clinton International Penthouse Suite 2121 Ponce de Leon Blvd. Coral Gables. FL 33134 Park Place Building, Ltd. c/o Real Estate Tax Service 201 E. Kennedy Blvd.. Suite 700 Tampa. FL 33602 Page 1 of 4 No Parcel I.D. No. 6 17,29-16-00000240-0400 7 17-29-16-00000-230-1100 g 17-29-1640000-230-0100 17-29-1640000-230-0200 9 17 29-16.59392-001-0010 10 (10,A) 17-29-16-6W73-000-0010 17-29-16-W373400-0020 (1o-B) Page 2 ! 4 v Park Place Building. Ltd. Go Clinton International Penthouse Suite 2121 Ponce de Leon Blvd. Coral Gables. FL 33134 Park Place Bldg.. Ltd. Go 3550 Buschwood Park Drive Suite 1.90 Tampa, FL 33618-4435 Building Operation Holding Co. Ernst & Young LLP Attn: Cindy Trexler One Ford Center Pittsburgh. PA 15219 MRL #C-III Ltd. Suite X215 2800 Routh Street Dallas. TX 75201-1448 Ciant, Inc. P. O. Box 916464 Longwood. FL 32791-6464 Clant. Inc. Go Tltas, Inc. 4721 Morrison Dr. Mobile, AL 36609 N2 Paroel I.D. No. 11 (11-C) 17-29-16-66373-000-0030 (11-0) 17-29-16-66373-0004)040 (11-E) 17-29-16.66373-000.0050 o+aaaar 4s Page 3 of 4 Clank Ina P. 0. Box 916464 Longwood. FL 32791-6464 Clank Ina P.O. Box 916464 Longwood. FL 32791-6464 Clant. Inc. P.O. Box 916464 Longwood, FL 32791-6464 Department of Commur Affairs unless this ordinance is ar aled. in which event this ordinance shall not take effect until such appeal has been decided PASSED ON FIRST READING January 5, 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED January l9? 1Q95 Rita Garvey' Mayor - Commissioner Attest: Cynt a E, Goudeau . City Clerk Approved as to form and correctness: Pamela K. Akin City Attorne I ??' `??` t},1t this ? a ?e "d y COTT :t (.-c)P y d 6 on nal as it appears in the Files c>f:e cit)' of Clr.:r«-itcr. ?' _ss my livid and dficia,l__s,'55'a1 of 1:e Cit}' of (=lran l'y Exhibit "A" - Legal Description Exhibit "B" - Ownership Exhibit "C" - Revised Map H #0022230.01 d-11 32112.91761 #0022230.01 EXHIBIT "A" TO ORDINANCE NO. 5722-95 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 114 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 01 °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 01 °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 11 056'04" 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 114 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 114; 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. S77,2 - ys- 0 -- ¢: 9?'A T ... I C I T Y OF C L E A R W A T E R POST OFFICE BOX 4748 CLEARWATER, FLORIDA 34618-4748 DEPARTMENT OF THE CITY CLERK January 2, 1992 American Cyanamid c/o Timothy A. Johnson, Jr., Esquire Johnson Blakely 911 Chestnut Street Clearwater, FL 34616 Dear Mr. Johnson: ""A M 0?6 4? ,IAN V 3 1992 Tarn P ann BaY Regional 9 Council Enclosed please find a certified copy of Ordinance 5142-91 along with Exhibit A (the legal description of the property) and Exhibit B (the amended master development plan) adopted by the City Commission of the City of Clearwater on December 19, 1991. This ordinance relates to Park Place, a Development of Regional Impact. Sincerely, J'-? zk?? Sue Diana Assistant City Clerk Enclosure n?.?2c? ? I -? I G 1 ?c e v.re-d 3 j clL "Equal Employment and Affirmative Action Employer' l ORDINANCE NO. 5142-91 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARK PLACE, A DEVELOPMENT OF REGIONAL IMPACT; AMENDING ORDINANCE 3205-83, THE DEVELOPMENT ORDER FOR PARK PLACE, AS AMENDED BY ORDINANCE 3287-83; PROVIDING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR AMENDMENTS TO THE CONCEPTUAL PLAN AND PHASING OF THE DEVELOPMENT; DETERMINING THAT THE AMENDMENTS ARE NOT A "SUBSTANTIAL DEVIATION" FROM THE APPROVED DEVELOPMENT ORDER; DETERMINING THAT THE AMENDMENTS ARE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 1, 1983, the City Commission adopted Ordinance 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; and WHEREAS, on October 20, 1983, the City Commission adopted Ordinance 3287- 83, an amendment to the Development Order, and readopted Ordinance 3287-83 on December 8, 1983; and WHEREAS, on August 19, 1991, Building Operation Holding Company, the owner of certain undeveloped areas of Park Place, 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"), proposing to (i ) amend the Conceptual Plan for Park Place to provide for 200,000 square feet of floor area for industrial use and a reduction of the approved floor area for office use by 300,000 square feet; ( i i ) provide a maximum floor area ratio ("F.A.R.") for industrial use; (iii) amend the phasing of the development; (iv) amend all Development Order conditions based on phasing; (v) change the time of payment of the Developer's proportionate share of road improvement costs; and (vi) extend the build-out date by five (5) years; and WHEREAS, on December 19, 1991, the City Commission adopted Ordinance 5114- 91, rezoning a portion of the property from "General Office" to "Research, Development and Office Park," and Ordinance 5113-91, amending the land use plan designation for the same portion of the property from "Residential/ Office" to "Industrial," consistent with the proposed revised Conceptual Plan for Park Place; 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 amendments to DRI's; and WHEREAS, the City Commission has revised the NOPC, as well as all related testimony and evidence submitted by each party and members of the general public; now, therefore, 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 3205-83, and amended by Ordinance 3287-83, 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. Building Operating Holding Company has proposed the following amendments to the Park Place Development Order: 1. Revising the Conceptual Plan for Park Place to provide for 200,000 square feet of floor area for industrial use and a reduction of the approved floor area for office use by 300,000 square feet to 803,000 square feet; 2. Adding a condition that the maximum F.A.R. for industrial use is 0.4; 3. Amending the phasing of the development; 4. Amending all Development order conditions based on phasing; 5. Changing the time of payment of the Developer's proportionate share of the cost of road improvements which would have been paid concurrently with Phases II and III to a date 90 days after the effective date of this ordinance; 6. Eliminating the requirement for a transportation management plan; and 7. Extending the build-out date by five (5) years. C. A comprehensive review of the impacts generated by the proposed amendments, together with all previous amendments, has been conducted by the City's departments, the Tampa Bay Regional Planning Council ("TBRPC") and the Department of Community Affairs, State of Florida ("DCA"). D. The proposed amendments, 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, solid waste, recreation and mass transit, from the original projections set forth in the Amended Application for Development Approval. 2 E. The City Commission has adopted Ordinance 5113-91, amending the land use plan designation, and Ordinance 5114-91, rezoning a portion of the property consistent with the revised Conceptual Plan. Section 3. Conclusions of Law. The City Commission, having made the above findings of fact, reaches the following conclusions of law: A. Development in accordance with the proposed amendments, including the revised Conceptual Plan, will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. B. The proposed amendments are consistent with the land development regulations and the comprehensive plan of the City. C. The proposed amendments, 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 regional planning agency, over those treated under the Development Order. The proposed amendments, therefore, do not constitute a "substantial deviation" from the Park Place Development Order, pursuant to Chapter 380.06, Florida Statutes. D. 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. E. The amendments are within the threshold guidelines of Ordinance 4983- 90 of the City, relating to determinations of vested development rights, and the Park Place DRI remains vested thereunder. F. 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 and Building Operation Holding Company are authorized to approved/conduct development as described herein. G. 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 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 Amended Conceptual Plan attached hereto as Exhibit "B." B. Section 4(C) of the Development Order is amended to provide that the Project is approved for a total maximum floor area of 1,153,000 square feet, 3 ??? 2 -?j r C?I comprised of a maximum 803,000 square feet of office use, a maximum 150,000 square feet of retail commercial use and a maximum 200,000 square feet of industrial use. Devel C. Section4 havela maximum F A R of O.q er is amended to provide that industrial use shall D. Section 4(C)(2) of the Development Order is amended to read as follows: The Project shall consist of one phase as follows: Phase Maximum Floor Area In Square Feet Retail Commercial Office Industrial Total Phase A 150,000 803,000 200,000 1,153,000 Phase A shall be divided in to three subphases as follows: Subohase Maximum Floor Area In Square Feet Retail Commercial office industrial Total Al 150,000* 480,000** 200,000 830,000 000 198 A2 198,000 000 125 , 125,000 A3 , Total 150,000 803,000 200,000 1,153,000 *Includes 55,278 square feet feet existing as of 12-19-91. existing as of 12-19-91. **Includes 120,560 square E. Section 4.0. of the Development Order is amended to read as follows: The Developer agrees to acquire land, or to pay the City for land required to be acquired by the City, to provide ingress and egress to the west of the Project. Specifically, access to the west shall interconnect with the existing easement at the north end of M & B 19-1, 20, 20-1 and 20-1A (Bennigan's, Chi Chi's and Perkins) to the U.S. 19 frontage road and through the Bennigan's site to the r existing traffic light at State Road 60. " e!s shall `' prey4? 115,11 a 1111:t r . Said ingress and egress PFe44-4-,--- Phase shall be secured by fee simple acquisition, right-of-way easement, or other appropriate mechanism by either the Developer or the City. it i2equisi''44 ?:111??J F 11: '4s the Dey en -terms 4 ?;- / ya-9/ The-City agrees te e*eFe ht -of- wa se -r-? y. Fier-Wa Statutes, , 1 . 11 _ _ i _ i L__ / Judgment, the 64ty and the DeyeiepeF the City af4the geoeleper as - the -easenablesess -,'+6- ;- The cost of constructing such connection to the adjoining property to the west, in addition to any other contributions for on-site or off-site road improvements, will be the responsibility of the Developer according to a schedule to be established with the preliminary site plan approval of Subphase Al Phan. [This access has been acquired and constructed.) F. Section 4.E. of the Development Order is amended to read as follows: Prior to the approval of the initial final site plan for Subphase Al Phase 1-, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost of construction of the transportation improvements. [Substantial revision: see Ordinance 3287-83 for present text:] 1. At the U.S. 19/Drew Street intersection construct a grade-separated interchange. This improvement has been committed to in the current Florida Department of Transportation Adopted Five-Year Work Program and is scheduled for Fiscal Year '95/'96. In lieu of the funding commitment or the proportionate share of the construction cost, the following commitments may be made: a. Extend Druid Road between Belcher Road and Edenville Road. The completion of this improvement will provide a parallel reliever access for State Road 60 and Drew Street. [This improvement has been completed.] b. Extend and widen Drew Street as a four-lane divided link (four through lanes and turn lanes as are appropriate) between U.S. 19 and McMullen-Booth Road. [This improvement has been completed.] 5 ?; /L/2-"fl/ c- Prior to the issuance of the first certificate of occupancy after the development generates 525 p.m. peak hour net external vehicle trips, the Developer shall provide up to $125,000 to the Florida Department of Transportation for the construction plans of the U.S. 19/Drew Street grade-separated interchange. [As of 12-19-91, the development generates 296 p.m. peak hour net external vehicle trips.] These funds shall be provided in order to obtain a commitment for the construction of the U.S. 19/Drew Street grade-separated interchange during Subphase A2. 2. Construct access points to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 3. At the S.R. 60/Clearwater Mall Drive II intersection construct two eastbound to northbound exclusive left turn lanes. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [This improvement has been completed.] 4. Install or renovate, as appropriate, traffic signals at the south project entrance and S.R. 60 and at Hampton Road and S.R. 60. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [This improvement has been completed.] 5. Construct an exclusive left turn lane on S.R. 60 approach and an additional through lane in each direction on S.R. 60 at its intersection with Hampton Road. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [These improvements are under construction.] , 6. Construct additional lanes on State Road 60 from U.S. 19 to McMullen-Booth Road. [This improvement is under construction.] 7. At the Belcher Road/S.R. 60 intersection, construct an additional through lane and additional exclusive left and right turn lanes on all approaches. The through lanes shall be continued to the next intersection or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of these improvements. 6 8. At the U.S. 19/S.R. eastbound to southbound exclusive westbound direction construct one lane. Pursuant to subsection 4.Z, proportionate share of the cos improvement. 50 intersection, construct an right turn lane and in the additional exclusive left turn , the Developer shall pay its t for construction of this 9. Improve Drew Street to a four-lane divided arterial from U.S. 19 to N.E. Coachman Road, and add turn lanes at all signalized intersections in between. This improvement is committed to in the Metropolitan Planning Organization Transportation Improvement Program as being constructed in Fiscal Year 1992-93. G. Section 4.F. of the Development Order is amended to read as follows: Prior to the approval of the initial final site plan for Subphase A2 Phase 11, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the construction of the transportation improvements: [Substantial revision; see Ordinance 3287-83 for present text:] At the U.S. 19/N.E. Coachman Road (S.R. 590) intersection construct a grade separated interchange, provided, however, such facility shall not remain a condition of approval if TBRPC's transportation policies are amended or the Developer, at the initiation of Subphase A2, agrees to prepare and submit traffic condition information documenting that the improvements are no longer necessary to mitigate regional impacts. H. Section 4.G. of the Development Order is amended to read as follows: Prior to the approval of the initial final site plan for Subphase A3 Phase !I!, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost ' of construction of the transportation improvements. [Substantial revision; see Ordinance 3287-83 for present text:] 1. Construct additional access to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility improvements. for constructing these 2. Install and/or relocate additional traffic signals in the project area at Drew Street and the north project entrance, Drew Street and Hampton Road, the two south project entrances and State Road 60, and State Road 60 and Hampton Road. These improvements are to be made in phases as is appropriate, but in their entirety by Subphase A3. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. [These improvements are completed except for Drew Street and the north project entrance, and. Drew Street and Hampton Road.] 3. Expand Hampton Road to a two-lane divided link (two through lanes with turning lanes as appropriate) from State Road 60 to Drew Street in phases related to points of access on Hampton Road, but in its entirety by Subphase A3. The cost of this improvement shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility of constructing the improvement. This improvement is scheduled by the City of Clearwater for its '92/'93 Fiscal Year. 4. At the U.S. 19/Sunset Point Road intersection construct a grade separated interchange, provided, however, such facility shall not remain a condition of approval if TBRPC's transportation policies are amended or the Developer, at the initiation of Subphase A3 agrees to prepare and submit traffic condition information documenting that the improvements are no longer necessary to mitigate regional impacts. I. Not later than 90 days after the effective date of this ordinance, Developer shall pay to the City the sum of $383,393.00, together with interest at the rate of ten percent per annum from December 8, 1983. This payment, together with the previous transportation mitigation payment made pursuant to the Development Order, is in full satisfaction of Developer's obligations under Sections 4.E.2 through 4.E.5, 4.E.7, 4.E.8, 4.G.1 through 4.G.3, and 4.Z of the Development Order as amended by this ordinance. J. The bu i 1 d-out year i s hereby extended by f i ve (5) years through 1996. This results in an extension of the build-out- of Phase I by 11 years, from 1985 to 1996; an extension of the build-out of Phase II by 8 years, from 1988 to 1996; and an extension of the build-out of Phase III by 5 years, from 1991 to 1996. K. Section 4.1. is hereby repealed. L. The amendments stated herein, together with all previous amendments, do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida Statutes. 8 6-/ y,?2 -1/ M. 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. N. The City Clerk shall send copies of this ordinance, within five (5) days following the effective date hereof, to Building Operating Holding Company, DCA and TBRPC. 0. This ordinance shall be deemed rendered upon transmittal of copies hereof to the Department of Community Affairs and the Tampa Bay Regional Planning Council. P. 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 45 days after copies have been transmitted to the Tampa Bay Regional Planning Council and the Florida Department of Community Affairs, 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 AND FINAL READING AND ADOPTED AS AMENDED November 4, 1991 Mayor-Commissioner Attest: Cynt . u0 au City Clerk Approved as to form and correctness: M. A. Galbrait J . City Attorney I hereby that this is a true and correct copy aE the oriOnal as it 9 appears in the files of 'the City of Clearwater. Witness my and a'd official seal of the City n?day of _.. C- c>o December 19, 1991 LEGAL DESCP'.PT10r1 OF PARK PLACE Ccr..-once at tie canter of a:ticn 17, TciwnshiP Z9 Scuth, ;Zanc a 16 cast, Pi ne l i as Czunty, c=' on da and go S EV_16' 01" 41, 660. 00 faet, a i cng .he Scuth toundar-f of the ':or_`•.•est 2,/4 of said Section 17 (_he East-West cantarl i ne of said Section 17;) thence N 00°19' ZI" W. 50.00 feet, to a point on the !:c.-=h ri c.`.t-af-way line of Gulf-to-2-ay Boulevard - State Read 60 for a PC?:tT OF 3EG:N:IING; thence, following said !earth richt-af- way line, S =S°=6' O1" 'a, .5-8.49 feet; thence N 00°12' S3" N, 170.0C feet; thence S 2S°;5' O1" W, _:1-0. Zi feet; thence, leaving said North rl gnt- of-:ay line, N 01'04' 04" E, 599. 99 fast; thence S 29°=6' 31" 'a, 11-38.43 feet; hence N OO'_=Z' 2i" E, 5-1,1. 70 feet; thence S W, .100.06 feet, to a ;a i nt an the East ri crjt-Of-way line of U. S. Hi Cam,-way 13; thence, fol lcw l ng said =sst -. rht- .1..ay line, II Ol'?4' J'?" E, 23.'-! feet; thence aicng a curve to 1:ha right that has a -ad i us of 1_13Z.00 feet, an arc length of 72.22 feet, a chord leng...h of 72.19 feet, a chord :aar.ng of N 11°:5' 0 " E t`enca N ZZ'J' So" 111.53 feet; thence aicng a curve tz i eng ?y .5. ? t:ie i e; that zs a adios of Z:3. -0 feet, an arc of `eet, a " chord ?encth of .`set, a =`c:-d deari nq of .`? 2G°5? 27 =, =:• a Point on the !{or-h !:oundarf Of the SOJt: '.w 2s ?. L/4 Of the !+Cr _:iwest J= of said Sect-on 17; =.`.anc_, i eavi ng. said East ri ght-af-Way* 1 i ne all J.S. Ni S`'-aY y vCoC y 4q„ !-?L?. ' d feet, along the ,';crth t:cundaT,7 Of the Scut . 7es :. of the i?C- mast /& of said S?c-.On .-J to the ?OL::.`.'w25t _=rear of t:? e Ner. t:`.e.5. :=I/4 of the 4c::.`.'-•ast 'LI of said Se..: cn ti -`e=C= feet-,* a i :ny t~e west.. :cur-ary the ti0.- =La35t of t.`.e 4c. t.`.'• ast 1/4. of 5E=-.vn 17 to _he Ncrth'wes:. =r-er Oj said -? S -N feet, .;o--East ? ' -h e -? - a - :;;wee ?= - aicng the ?c;:nCarf of o l the =m a point on .he '=,st '-t-of---ay 1 ine Of -?--"? Rcad - Ccunty -cad t.`.ancs S L0o G." - ZZ-3 . 71 feet, a I ong said 'w'est^f-'+cV i i ne; -, `i" Enca S GS`' 6' 01" W, SZ7. 00 feet; tharce S 00°10' Z1" E, ZSO. 00 feet, to t`a ?C -_-NT OF 1c==:iu"_r ;j, c:nta*. ni ng 9O. ' :3 acres , mere or i ass. Subject tc ease-e:,--_z and -4chts-zf--ay cf reccrd- infc-:at i cn _a:<en fr=m survey !:y L' cveras , ?aur a Stavens, __-su i t i ng Snc' neeers-L and S,;r'/eyers, Clear-,,afar, Florida, r=ei-r::ary Z3, !SS-1 No 11 0048845.01/mme Parcel I. D. No. 17-29-16-00000-240-0500 Owner MDC Associates 81-A Ltd. c/o Provident National Bank Attn: Marvin F. Poer & Co. 111 North Orange Avenue Suite 1000 Orlando, FL 32801 qIT w 0 w c7 a _?J 1* i TO: Leo Mbnendez, Building Department FROM: Chris Papandreas, Planning Department SUBJECT: Metro (Park Place) Ord. No. 3205-83 as amended by Ord. No. 3287-83 DATE: December 21, 1983 I have attached a ?:tle above referenced Ordina4'r yo inf§&ma- tion. Please pa ?p r£ic ?k atte; #on to Exhibit B, Fife Ameq, d arc -,?Nt stated Annexation Agreement.:`' ???'? i- I ORDINANCE NO. 3205-83 AS AMENUED BY ORDINANCE NO. 3287-83 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RENDERING A DEVELOPMENT ORDER PURSUANT TO CHAPTER 380, FLORIDA STATUTES, ON AN APPLICATION FOR DEVELOPMENT APPROVAL FILED BY METRO REGIONAL DEVELOPMENT CORPORATION FOR PARK PLACE, A DEVELOPMENT OF LAW; IMPACT; PROVIDING FINDINGS OF FACT; PROVIDING ENUMERATING THE CONDITIONS OF THE DEVELOPMENT ORDER; PROVIDING FOR ADMINISTRATION OF THE DEVELOPMENT ORDER; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY OF THE PROPER NOTICE OF PTHIS THE PROVISIONS HEREOFPROVIDING FOR FOR ENACTMENT; AND PROVIDING ORDINANCE. WHEREAS, on July 16, 1982, Metro Development Corporation ("Developer") filed an Application.for Development Approval of a Development of Regional Impact ("ORI") with the City of Clearwater ("City"), the Tampa Bay Regional Planning Council ("TBRPC"), the Florida Department of Community Affairs ("DCA") and other state, regional and local agencies, pursuant to the provisions of Section 380.06, Florida Statutes (1981); and WHEREAS, on October 11, 1982, the Developer filed with the City an Amendment to the Application for Development Approval and submitted copies of the Amendment to all appropriate agencies; and WHEREAS, the Application for Development Approval, as amended ("ADA"), proposes the development of Park Place, a 99 acre planned retail and office complex in the City of Clearwater near the intersection of U.S. Highway 19 and State Road 60 (herein sometimes referred to as "Park Place" or "Project"); and WHEREAS, the City Commission, as the governing body of the.local government having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider applications for development approval for developments of regional impact; and WHEREAS, the public notice requirements of Section 380.06, Florida Statutes, have been complied with; and i- r WHEREAS, the City Comm fission has received and considered the report and recommendation of the TBRPC; and WHEREAS, the City Commission has on August 18, 1983, held a duly noticed public hearing on the ADA and has heard and considered testimony and documents received thereon; and WHEREAS, this Development Order, when adopted will constitute a land development regulation applicable to the property; and WHEREAS, the Local Government Comprehensive Planning Act ("LGCPA") requires that all development regulations and amendments thereto.related to an adopted comprehensive plan or element thereof be reviewed by the Local Planning Agency ("LPA") for conformance with plans adopted pursuant to the LGCPA; and WHEREAS, the-Pinellas County Planning Council (PCPC) has been designated the Local Planning Agency for Pinellas County and the PCPC has adopted guidelines with reference to such required referral process; and WHEREAS, this Ordinance has been referred to and will be duly considered by the PCPC under said process; and WHEREAS, the City Commission has reviewed and considered the above referenced documents, as well as all related testimony and evidence submitted by each party and members of the general public, now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Introduction - That this Ordinance shall constitute the Development Order ("this order") of the City Commission issued in response to the*ADA filed by the Developer for development of Park Place, a development of regional impact. The scope of development to be permitted pursuant to this Order shall be as hereinafter set forth. r r Section 2. Findings of Fact - That the City Commission, having received the above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds there is substantial competent evidence to support the following findings of fact: A. The Developer proposes the development of Park Place, a 99-acre retail and office complex in the City near the intersection of U.S. Highway 19 and State Road 60. B. The real property which is the subject of the ADA (the "real property") is legally described as set forth in Exhibit "A", attached hereto and by reference made a part hereof. C. A major portion of the real property was the subject of a request for annexation to the City according to the terms and conditions of an Annexation Agr?eement_ ap roved at public ea ring on Judy 15, 1982,, and recorded in O.R. Book 5391, pages 2022 through 2031, inclusive, of the Public Records of Pinellas County, Florida. Said Annexation Agreement is amended and restated in its entirety in the First Amended and Restated Annexation Agreement, as set forth in Exhibit "B", attached hereto and by reference made a part hereof. Said annexation and First Amended and Restated Annexation Agreement are effective immediately.prior to the adoption by the City of this Order. D. The City Commission in approving the Developer's original Annexation Agreement on July 15, 1982, imposed the following conditions on Park Place, which will be satisfied in the process of site plan approval con- sistent with this Order: I. 7 a'm f o o r a r e a r a t i o s (" F A R") b e s Tb i s h _e_,d (a) Maximum FAR of .25 for retail commercial use. (b) Maximum FAR of .30 for-low-rise office use. (c) Maximum FAR of..40 for mid-rise office use. 2. Conveyance by deed(s) for the following additional rights-of-way: (a) Along the southern boundary of the Project fronting on State Road 60, ten (10) feet of right-of-way, as may be required to establish a full sixty (60) foot one-half right-of-way. (b) Along the northern boundary of the Project fronting on Drew Street, fifty (50) feet of right-of-way, to establish a full fifty (50) foot one- half right-of -way. E. The Developer submitted to the City an ADA, supplemental documentation on traffic systems management (".TSM") and a sufficiency response, which are attached hereto as composite Exhibit "C", and by reference made a part hereof. F. This Project will yield positive economic impacts to the City and Pinellas County, in the form of construction expenditures, (approximately $41.1 million)', employment opportunities, (approximately 4,000 permanent jobs) and ad valorem taxes, (approximately $1.3 million annually). G. This Project will yield substantial negative impacts on the existing road system established and maintained by the City, Pinellas County and the State of Florida; which road system does not at present operate in all cases at a desirable level of service ("LOS"). H. The Project development is not located in an area of critical state concern as designated pursuant to Section 380.05, Florida Statutes (1981). - ^ - ?` T" 1. The Project will not unreasonably interfere with the achievement of the objectives of any adopted state land development plan(s) applicable to the area. J. A comprehensive review of the impacts generated by the Project has been conducted by the City and the TBRPC. K. This Order is consistent with the report and recom- mendations of the TBRPC. L. The City has established land development regulations, including zoning, approval of building permits, site plan review and subdivision regulations, and pursuant to these land development regulations, has the necessary and adequate authority to monitor, administer, and enforce the provisions of this Order. Section 3. Conclusions of Law - That the City Commission, having made the above findings of fact, reaches the following conclusions of law: A. That these proceedings have been duly conducted pursuant to applicable laws and regulations, and based upon the record in this proceeding, the Developer is authorized to conduct development as described herein, subject to the review procedures, requirements, conditions, restrictions and limitations set forth herein. B. That review by the City reveals that impacts are adequately addressed pursuant to the requirements of Section 380.06, Florida Statutes, within the terms and conditions of this Order. Section 4. Order - That, having made the above findings of fact and drawn the above conclusions of law, it is ordered that the ADA is hereby approved, subject to tthe fol owing, + I' A. Development shall be approved consistent with the Conceptual Plan included as Exhibit "D", attached hereto and by reference made a part hereof, and according to the site plan review procedures and criteria, as well as all other applicable provisions of the City Code of Ordinances. In particular, a preliminary site plan shall be submitted for each phase, and individual final site plans within the respective phases shall be consistent therewith. Development of out-parcels indicated on the Conceptual Plan shall be consistent with said plan and all out-parcel development will be subject to site plan approval procedures and shall be coordinated with the overall Park Place development. Pe'rmitted_maximum flog-r t`aT _ ?- - --- -r-e a.s;f o_r=p-a..-r_kP. -_l_a c e-a-re--c-o ns:iEd a r.e.d-t o_b a i_n_c l_ s?`v ego f;1' :,uu,t=,p-a-r e'1 __both-as-to--to-ta_l--proj.ec_L_f1 oor areafa-nd r 1-oo r=-a-e a-by-p h as-e•. B. A_1=4e v_e_1-o-p m e.n.t_pu r s u_a.n t to t h i s O_rd e r s h a 1`1'`b-e?-c, oar s i ste-n=tF-w-i--tfi-a pp1-i c a b l e l a n d d e v e l o pin e.n t ,_a n_ d_ b -u, 10 n. r-e-g-ul at+o-n-s, codes, ordinances and poT_ ici?e i ?i?e.fifec at -?-----T•?- -°Ft"he time of appl i cats on for final site plan appro-v-a- four the rq?s_pective components 6fttT- Projmect_, No amendment + of any such regulation, code, ordinance or policy adopted subsequent to the effective date of this OrdJer, however, shat l preclude, o.r-_e--q-u-i-r-e--a-ny--mate-ri_a11 re v =n=o f t h eJt'y p e o f u s e-o_r- amo u n t o f-f 1-0 o r -a-r e.a set .f-o,rtn3 n -the._ Co-n-cepp.tt-u -a -I,-. P._. P-1 1a C. T h-e--P-r-o j-e ct--i-s a-ppr-o - d f or a t o_t a_l-ma xi •m u m-f-l-o ..o r a r e a f-o-f-1, 2-5 , 0 0 s q u a r e e e t c o m_p.r_i -s a d-o.f-a__m a x i mum ?1-,1-0-3 ,0 square feet of office_u-se-and a maximum 150,000 square feet of ret.a-il--comme-rci-al us The permitted maximum floor area is to be approved subject to the FAR and phasing limitations set forth below: I Y 1. The maximum permitted floor area by category of use shall be approved only to the extent that such floor areas are consistent with the following FAR's and at no time during the approval of individual final site plans shall the cumulative FAR exceed those set forth below: ae-ta-i 1--C-?omme-r-c°i-a-1--.z-max-i-m-u-m-FARFo.1' C:L'_ow -2-i-s-g,?f f-.i_c -- ?s to i e o r l_e.s:s_) - ma-x; m_?m--F?of :67. 3O M i-d--TR-i-s-e- &f--f-i,c e C4 t h r o u g h 8 s t o r i e s_)+' i m u n F R o" f°°0.4-01 2.- The Project phases shall 5e defined as follows: Phase Maximum Floor Area - In Sq. Ft. Retail Commercial Office Total Phase I 150,000 480,000 630,000 Phase 11 ---- 323,000 323,000 (Phase I and II cumulative) (150,000) (803,000) (953,000) Phase III ---- 300,000 300,000 (Phase I, II and III (150,000) (1,103,000)(1,253,000) cumulative) Total 150,000. 1 103 000 1 253 000 D. The Developer agrees to acquire land, or to pay the City for land required to be acquired by the City, to provide ingress and egress to the west and to the south of the Project. Specifically, access to the west shall interconnect with the existing easement at the north end of M&B 19-1, 20, 20-1, and 20-1A (Bennigan's, Chi Chi's and Perkin' s) to the U.S. 19 frontage road and through the Bennigan's site to the existing traffic light at State Road 60. Access shall be provided to the south through F4033 21, 21-1, and 22-1 (McMullen Property) to State Road 60, with the exact location to be determined at time of preliminary site plan approval for Phase 1. Said ingress and egress shall be secured by fee simple acquisition, right-of-way easement, or other appropriate mechanism by either the Developer or the City. If r ? acquisition cannot be accomplished by the Developer on terms acceptable to the Developer, then upon written request of the Developer, the City agrees to the utilization of its eminent domain powers under Chapter 73, Florida Statutes to acquire such right-of-way. The City agrees to exercise such eminent domain powers solely under Chapter 73, Florida Statutes, if necessary, within twelve (12) months after the effective date of this Order, consistent with the applicable provisions of law, in recognition that it is in the public interest that such ingress and egress be obtained. In the event that the City so exercises its power of eminent domain to acquire rights in any of the above referenced property for ingress and egress, the Developer shall compensate the City in the amount of the condemnation judgment; except where such judgment exceeds the appraised value or average of appraised values entered into evidence in the condemnation proceeding by the City, the City and the Ueveloper shall, subject to the ,nutual consent of the City and the Developer as to the reasonableness of the judgment, share equally (50 percent each) the amount of the judgment awarded in excess of such appraised value or average values. The cost of constructing such connections to the adjoining property to the west and to State Road 60 to the south, in addition to any other contributions for on-site or off-site road improvements, will be the responsibility of the Developer according to a schedule to be estab- lished with the preliminary site plan approval of Phase I. ? r E. Prior to the approval of the initial final site plan for Phase-1, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost of construction of the transportation improve- ments. 1. At the U.S. 19/S.R. 580 and U.S. 19/Countryside Boulevard intersections construct a grade-separated interchange. This improvement is currently pro- grammed in the Pinellas County MPO Transportation Improvement Program (construction to start in FY 1986-87). 2. At the U.S. 19/Drew Street intersection, reassess the existing green time signal phasing. This reassessment is to be done by the City within the 1983-84 work program of the Traffic Engineering Department of the City. 3. At the U.S. 19/Roosevelt Boulevard intersection, construct a grade-separated interchange. This improvement is currently programmed in the Pinellas County MPO Transportation Improvement Program (con- struction to start in FY 1985-86). 4. Construct access points to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improve- ments shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improve- ments and the City shall assume the responsibility for constructing these improvements. -9- I 1 ,5. At the S.R. 60/Clearwater Mall Drive II intersection construct two eastbound to northbound exclusive left turn lanes. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. The City commits that it will let for bid these improvements no later than twelve (12) months from the effective date of this Order with a scheduled construction completion date no later than twenty-four (24) months from the effective date of this Order. 6. Install or renovate, as appropriate, traffic signals at the south project entrance and S.R. 60 and at Hampton Road and S.R. 60. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z.., the Developer shall pay the total cost of these improve- ments and the City shall assume the responsibility for constructing these improvements. 7. Construct an exclusive left turn lane on S.R. 60 approach and an additional through lane in each direction on S.R. 60 at its intersection with Hampton Road. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to. subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 8. Construct additional lanes on State Road 60 from U.S. 19 to McMullen-Booth Road. This improvement is currently programmed in the Florida Department of Transportation Five-Year Work Program with con- struction scheduled to start in 1986-87. _1rN - 9. Construct additional lanes on Sunset Point Road from Keene Road to U.S. 19. This improvement is cur- rently programmed in the Pinellas County MPO Transportation Improvement Program with construction scheduled to start in 1986-87. F. Prior to the approval of the initial final site plan for Phase I1, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the construction of the transportation improvements. 1. At the U.S. 19/Drew Street intersection construct a grade-separated interchange. In lieu of the funding commitment or the proportionate share of the construction cost, the following commitments may be made: a. Extend Druid Road between Belcher Road and Edenville Road. The completion of this improvement will provide a parallel reliever access for State Road 60 and Drew Street. The City is committed to this improvement in its 1983-84 work program. b. Extend and widen Drew Street as a four-lane divided link (four through lanes and turn lanes as are appropriate) between U.S. 19 and McMullen-Booth Road. Construction of Drew Street from Hampton Road east to McMullen-Booth Road as a two-lane road is currently programmed in the Pinellas County MPO Transportation Improvement Program with construction scheduled to start in 1983-84. It is acknowledged that the foregoing extension of Drew Street that is programmed by Pinellas County 14PO will not satisfy the need for a four-lane divided link between U.S. 19 and McMullen-Booth Road. The City has assumed the responsibility for those improvements beyond those committed and pro- grammed in the Pinellas County MPO Transportation Improvement Program. c. Pursuant to subsection 4.D. the Developer shall be responsible for the cost of the right-of-way and construction of the ingress and egress to and from the south through M&B 21, 21-1 and 22-1. This ingress and egress will be located so as to maximize the use of Druid Road via Sky Harbor Drive and Seville Boulevard (around the perimeter of the Clearwater Mall). d. Prior to the issuance of the first certificate of occupancy for Phase II, the Developer shall provide up to $125,000 to the Florida Department of Transportation for the construction plans of the U.S. 19/Drew Street grade-separated inter- change. These funds shall be provided in order to obtain a commitment for the construction of the U.S. 19/Drew Street grade-separated inter- change during Phase III. 2. At the U.S. 19/S.R. 60 intersection, construct an eastbound to southbound exclusive right turn lane and in the eastbound and westbound directions construct one additional exclusive left turn lane. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of this improvement. 3. At the U.S. 19/Belleair R.oad intersection, construct an eastbound to southbound exclusive right turn lane. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of this improvement. G. Prior to the approval of the initial final site plan for Phase III, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost of construction of the transportation improve- ments. 1. At the U.S. 19/Belleair Road intersection, convert the exclusive right turn lane into a combination through and right turn lane in each direction on U.S. 19, and construct an exclusive eastbound to southbound right turn lane on Belleair Road. The J through lanes shall continue to the next inter- section or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of these improve- ments. 2. At the Belcher Road/Sunset Point intersection, construct exclusive right turn lanes on all approaches, and construct additional through lanes in each direction on Sunset Point Road. The through lanes shall continue to the next intersection or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of these improvements. 3. At the Belcher Road/S.R. 60 intersection, construct an additional through lane and additional exclusive left and right turn lanes on all approaches. The through lanes shall be continued to the next intersection or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of these improve- ments. 4. Construct additional access to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improve- ments shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improve- ments and the City shall assume the responsibility for constructing these improvements. 5. On McMullen-Booth Road, construct additional lanes from S.R. 60 to Sunset Point Road as is currently programmed in the Pinellas County MPO Transportation Improvement Program (construction to start in FY 1984-85). 6. Install and/or relocate additional traffic signals in the project area at Drew Street and the north project entrance, Drew Street and Hampton Road, the two south project entrances and State Road 60, and State Road 60 and Hampton Road. These improvements are to be made in phases as is appropriate, but in their entirety by Phase III. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improve- ments and the City shall assume the responsibility for constructing these improvements. 7. Expand Hampton Road to a two-lane divided link (two through lanes with turning lanes as appropriate) from State Road 60 to Drew Street in phases related to points of access on Hampton Road, but in its entirety by Phase III.' The cost of this improvement shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility of constructing the improvement. 8. At the U.S. 19/Sunset Point Road and U.S. 19/ Coachman Road intersections construct grade separated interchanges, provided, however, such facilities shall not remain a condition of approval if TBRPC's transportation policies are amended or the Developer, at the initiation of Phase III, agrees to prepare and submit traffic condition information documenting that the improvements are no longer necessary to mitigate regional impacts. H.. The City further agrees to the following: 1. In the interest of recognizing the commitments toward road improvements made by the Developer and to provide for the treatment of other developments in a comparable fashion, the City will review and evaluate potential appropriate legislation dealing with local transportation impact fees; 2. The City will cooperate with and expedite, where possible, the design of all FOOT improvements which are necessitated in part by Park Place, in partic- ular the U.S. 19/Drew Street grade-separated interchange; 3. The City will support as a high priority the early scheduling and construction of a grade-separated U.S. 19/Drew Street interchange; and 4. The City will review and recommend as is appropriate the redesignation of the U.S. 19/S.R. 60 area, including Park Place, as a regional activity center under.the TBRPC Regional Plan. I. The developer shall, during construction of Phase I of the Project, prepare a Transportation System Management (TSM) Plan, which shall be submitted for approval coincident with the submittal of the preliminary site plan for Phase II of Park Place. The TSM Plan shall be submitted to the City, the TBRPC, the Pinellas County MPO, FDOT and the Pinellas Suncoast Transit Authority, as appropriate. The plan of TSM measures as approved by the City shall be instituted during Phase II of the Project and implemented for the duration of the life of the Project, according to the following: 1. Assure implementation, by a responsible entity, of Park Place worker flex time of sufficient magnitude to divert 11.9 percent of total peak hour vehicle trips projected in the ADA away from the peak hour traffic. Measures to achieve this diversion may include transit incentives and/or lease agreement stipulations, and others as appropriate. 2. Assure implementation, by a responsible entity, of a TSM program of Park Place worker ridesharing, of sufficient magnitude to divert 2.8 percent of total peak hour vehicle trips projected in the ADA away from the peak hour traffic. Incentive measures to achieve this diversion may include preferential parking, and/or coordinating service, as appro- priate. 3. Assure implementation of a bus incentive program in cooperation with the Pinellas Suncoast Transit Authority that 'wi l l result in provision of suf- ficient transit service facilities and ridership to assure a diversion of 5.6 percent of total peak hour vehicle trips as projected in the ADA away from the peak hour traffic. Measures to achieve this diver- sion may include adequate headways, bus stops and shelters, employee bus passes, and developer subsidies, as appropriate. 4. Assure implementation of express bus service of sufficient magnitude to effect a diversion of 1.8 percent of the total peak hour vehicle trips away from the peak traffic hour, provided, however, implementation of express bus service shall not be required until final site plan approval is requested for the initial portion of Phase III of Park Place. Measures to achieve this diversion shall include adequate headways, bus stops and shelters, employee bus passes, developer subsidies of park and ride lots and capital improvements, as appropriate. 5. Actual experience in implementation of the TSM Plan may indicate that the individual rates of reduction vary from those described above. Any such variances shall be considered consistent with this Order, provided that the overall cumulative reduction in vehicle trips is at least 20.3 percent by the end of Phase II and 22.3 percent in Phase III. 6. Monitoring of the effectiveness of TS11 programs shall be conducted biennially starting with sub- mission of a report concurrent with the first annual report following preliminary site plan approval for Phase II. The monitoring methodology shall be based on generally accepted traffic engineering practice reasonably acceptable to the City and consistent -1?- 1 • with the methodology in the ADA. If monitoring indicates that target reduction levels are not being achieved, the City may withold authorization of final site plan approvals requested subsequent to submission of the TSM report for Phase II and preliminary or final site plan approval for Phase III, until acceptable mitigation methods are implemented. The City has the right at its expense to require verification from a source other than Developer's consultant, of methods as may be appropriate to assure that an accurate representa- tion of TSA effectiveness has been submitted and may hold a public hearing consistent with the provisions of subsection 5.C. of this Order prior to final site plan approvals requested subsequent to submission of the TSM report for Phase II or prior to preliminary site plan approval for Phase III to evaluate the TSM Plan and performance thereunder. J. The Developer shall be responsible for all improvements made on the Park Place site, and for construction and maintenance of all open space, drainage retention, street medians, street lighting (including the cost of supplying electricity thereto), and access drives and roadways to and through the Project, including access drives across designated land or'easements yet to be acquired. The Developer shall be responsible for proper maintenance of all on-site development approved consis- tent with the Conceptual Plan included as Exhibit "D". The foregoing, however, shall not preclude the Developer from offering, and the City from accepting, dedication of any street proposed to be a public street, in which case the City will assume responsiuility for maintaining said public street consistent with the provisions set forth in Exhibit "B". -1 - K. Wetlands on the site, designated as Aquatic Lands (AL) by the City and as identified in the ADA, shall remain undisturbed by development activities, except as approved by the City consistent with.provisions of the AL zoning district and City drainage and retention policies. L. The following measures to control water quality and erosion referenced in the ADA, shall be implemented to the satisfaction of the City consistent with established policy including controlled phasing so that large areas are not left exposed for long periods of time, minimal grading, maximum use of existing vegetation, seeding, mulching, sodding and safe disposal of runoff. M. The Developer shall institute a program to be developed in conjuction with the City to monitor the on- site water quality in the project drainage system, so that a determination by the City of this project's impact on nearby receiving waters can be made and adjusted as may be required. N. Paved parking surfaces shall be cleaned/vacuumed periodically as part of a water quality maintenance program designed to be consistent with the Source Control Practice section (page 6-10) of the TBRPC approved Stormwater and Lake Systems Maintenance and Design Guidelines. The entity responsible for imple- mentation shall be subject to reasonable approval by the City. 0. All drainage plans shall be prepared in accordance with the TBRPC approved Stormwater and Lake Systems Maintenance and Design Guidelines and shall be submitted to the City and the TBRPC for review prior to any final site plan approval. All drainage plans will be subject to City approval consistent with City requirements therefor at time of final site plan approval. -19- P. The final drainage system shall include the following recommendations of the Florida Game and Fresh Water Fish Commission: 1. A stormwater management system with shallow detention ponds with wide, gently sloping littoral zones (1V:6H vertical:horizontal minimum); 2. Revegetation of constructed littoral zones with native wetland species; 3. Routing stormwater, whenever practical, via open vegetated swales as opposed to pipes and culverts. Q. Bicycle and pedestrian pathways shall be incorporated into the development as measures to decrease vehicular pollution/emissions, as referenced in the ADA, and shall be a condition of approval of site plans within Park Place. R. Appropriate corrective measures shdll be taken to mitigate soil limitations and additional soils testing as is required to accommodate final building construc- tion design as required by the City. S. The Ueveloper shall phase construction so that trees with active osprey nests shall remain in place through the nesting season. If an active nest is removed, with approval of the Florida Game and Fresh Water Fish Commission, it shall be replaced with a suitable nest stand. T. A capture-release program be established for any Gopher Tortoise, Florida Mouse and Eastern Indigo Snake observed on-site during construction, as referenced in the AUA. The release site shall be determined in cooperation with the Florida Game and Fresh Water Fish Commission. -1) r'- U. Any historical or archaeological resources discovered during construction will be reported to the Florida Division of Archives, History and Records Management and that the disposition of such resources be determined in cooperation with the Division of Archives and the local government with jurisdiction, as referenced in the ADA. V. Site plans shall include provision for preservation and transplanting of as many tree clusters or individual trees as is feasible and tree preservation measures shall be included as a consideration in site plan approval. W. The Developer shall encourage that energy conservation measures such as building orientation and shading, overhangs, sun angles, and use of renewable energy sources, be incorporated into the Park Place develop- ment. The extent to which cost-effective energy conservation measures are included shall be a consid- eration in site plan approval. X. The Developer, its successors or assigns, shall be the entity responsible for maintenance of on-site wells. Y. The City alone, and where appropriate in conjunction with Pinellas County, shall provide fire, police, EMS, sewerage, refuse disposal, potable water, and other general government services to Park Place. Z. Under subsections 4.E., 4.F., and 4.G. the Developer shall contribute to the City its proportionate share of the cost of construction of certain traffic improve- ments. Concurrently with the certification of the initial final site plan for each phase, the Developer shall pay to the City the following listed principal amounts plus interest for each of the listed phases: 1 - Phase I: $247,383 Phase 11: $222,451 Phase III: $160,942 Said payments are calculated to be adequate to cover the Developer's proportionate share of the future cost of the designated road improvements, including inflation. Interest on the principal sum for each phase shall accrue from the effective date of this Order and interest shall be computed at a rate of ten (10) percent per annum beginning with the effective date of this Order. Payment of the foregoing monies shall constitute the final and complete payment of the Developer's proportionate share for any and all off-site transporta- tion improvements related to the Project, except as otherwise provided herein. The City agrees that it will utilize all of the funds paid by the Developer pursuant to this subsection for traffic improvements in the Project's impact area with emphasis on those improve- ments identified by the TBP.PC's report. Section 5. Administration - That the following procedures and requirement will apply to the on-going administration of this Development Order: A. The Developer shall submit an annual report on the DRI to the City, the TBRPC, the Southwest Florida Mater Management District, and the State Land Planning Agency on the anniversary of the effective date of this Development Order for each following year until and including such time as all terms and conditions of this Order are satisfied or same has expired by its term, whichever is earlier. Such report shall be submitted for review by the City Commission to insure compliance -22- with the terms and conditions of this Order. The Developer and TBRPC shall be notified of any City Commission meeting wherein such report is to be re- viewed, provided, however, that receipt and review by the City Commission shall not be considered a substitute or a waiver of any terms and conditions of the Development Order. Each report shall contain: 1. A description of all development activity conducted pursuant to this Order during the year immediately preceding the submission of the annual report; 2. A description of all development activities proposed to be conducted under the terms of this Order for the year immediately subsequent to the submission of the annual report; 3. A statement listing anticipated applications for development approvals or permits required pursuant to applicable regulations which the Developer proposes to submit during the year immediately following submittal of the annual report; 4. A statement setting forth the name(s) and address of any assignee or successor in interest to the Developer in its capacity as developer of Park Place or any portion thereof; and 5. A statement that all persons have received copies of the annual report, as required under Section 380.06(16), Florida Statutes (1981). It is the intent of this requirement that the submittal of the annual report shall be in addition to and not in lieu of any submittal requirements for an annual report as promulgated by the State Land Planning Agency. -23- B. Further review pursuant to Chapter 380, Florida Statutes may be required if a substantial deviation, as defined in Chapter 380, Florida Statutes, occurs. The Developer shall be given due notice of, and an opportunity to be heard at, any hearing to determine whether a proposed change to the development is a substantial deviation. Substantial deviation may occur by failure to comply with the conditions of this Order, other than a failure by the City, failure to follow the plans and specifica- tions submitted in the ADA and supplementary information, or by activities which are not commenced, other than by the City,.until after the expiration of the period of effectiveness of this Order. C. Pursuant to the tarns and conditions of this Development Order adopted pursuant to Section 380.06, Florida Statutes, the City will issue-numerous permits and approvals for the various phases of this Project. It is acknowledged that under Section 380.07, Florida Statutes, the Tampa Bay Regional Planning Council has the right to appeal to the Florida Land and Water Adjudicatory Commission any deviation from or amendment to this Ordinance. D. The definitions contained in 'Chapter 380, Florida Statutes (1931), shall control the interpretation and construction of any terms of this Order. As used herein the term "commitment" or "funding commitment" shall mean the inclusion of the improvement in any governmental agency's capital improvement program, including but not limited to the FOOT Five Year Work Program and the Pinellas County HPO Transportation Improvement Program or a written representation by the Developer acknowl- edging its assumption of the responsibility for funding and constructing the improvement. _') - E. This Order shall remain in effect for a period of twenty (20) years from the effective date of this Ordinance; providing however that a preliminary site plan for Phase I is submitted and approved within one (1) year from said effective date and reasonable continuous progress is made toward the completion of this Project during the duration of this Order. If the Project is discontinued for any consecutive period of two (2) years, this Order shall expire and no further development shall occur prior to the reinstatement of this Order by specific action of the City Commission. The Project shall not be deemed to have been discontinued so long as the Developer is actively involved in Project leasing activities, managing the Project, or operatin-g under an approved site plan of the Project. Nothing herein contained shall be construed as requiring that con- struction activity be engaged in by the Developer within any two (2) year period. Any development activity, wherein plans have been submitted to the City for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the City upon the finding of just cause. Nothing in this Ordinance shall deny the Developer, its successors or assigns the right to petition for an amendment to this Ordinance, if the review requirements of the TBRPC are amended significantly in regard to traffic or other regional impacts, if background or site-generated traffic volumes differ significantly from those projected in the ADA, or if there is evidence of other changes in conditions revealed during the moni- toring process. F. This Order shall be binding upon the Developer, and its assigns, or successors in interest. G. Any reference herein to any governmental agencies shall be construed to mean any future instrumentality which may be created or designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. H. The City Clerk is directed to send copies of this Order, within five (5) days of the effective date of this Ordinance, to the Developer, the DCA and the TBRPC. 1. The Developer shall record a notice of adoption of this Order as required pursuant to Section 380.06(14)(d), Florida Statutes (1981), and shall furnish the City Clerk a copy of the recorded notice. J. This Order shall be deemed rendered upon transmittal of copies hereof to the recipients specified in Chapter 380, Florida Statutes. Section 6. Plan Conformity - The City does hereby certify that the measures contained in this Ordinance are consistent and in conformance with the City's Comprehensive Plan and individual elements thereof adopted pursuant to the LGCPA and directs that same be forwarded to the LPA for their receipt and appropriate action. Section 7. Interpretation - Completion of scheduled or actual improvements delayed or prevented by extraordinary circumstances outside of the City's control, such as acts of God, shall not be considered a breach of this Order. In the event of any such delay the City shall notify the Developer and TBRPC. Acceptance by the City of funding contributions specified in this Order shall not relieve the Developer of meeting and satisfying the other applicable terms of this Order. Said acceptance by the City shall not preclude the City from amending its land develop- ment or building regulations applicable to this Project so long as said amendments are not administered in a manner inconsistent with this Order. - ?r - Section 8. Repealer - All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 9. Separability - Should any part or provision of this Ordinance be declared by a court of competent jurisdic- tion to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid; proviaed however that any such finding of invalidity shall automatically authorize the City, the TBRPC, the DCA or the Developer to request a determination under the provisions of Chapter 380, Florida Statutes relative to sub- stantial deviation. Section 10. Notice - Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. Section 11. Effective Date - The provisions of this Ordinance shall take effect as provided in Chapter 380, Florida Statutes. PASSED ON FIRST READING August 18, 1983 PASSED ON SECOND AND FINAL READING AND ADOPTED September 1, 1983 AS AMENDED /s/ Kathleen F. Kelly ayor- ommissioner Attest: /s/ Lucille Williams City Clerk Ordinance #3281-83 PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED October 20, 1983 October 20, 1983 /s/ Kathleen F. Kelly Mayor- ommissioner Attest: /s/ Mary Sue Lamkin Deputy City Clerk LIST OF EXHIBITS EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" EXHIBIT "E" - Legal Description of Park Place - First Amended and Restated Annexation Agreement - Application for Development Approval, As Amended, and Traffic Supplement - Conceptual Master Plan for Park Place - Road Improvements, to be Wholly or Partially Financed by Park Place EXHIBIT "A" 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 Read 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 89°46'01" W, 1319.21 feet; thence, leaving said North right- of-way line, N 01°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°5449" W, 400.06 feet, to a point on the East right-of-way line of U.S. Highway 19; thence,. following said East right-ofway line, N 01°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°1021" 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. A-l._ EXHIBIT "B FIRST AMENDED AND RESTATED ANNEXATION AGREEMEN7- THIS FIRST AMENDED AND RESTATED ANNEXATION AGREEME14T is made this day of September, 1983, among the CITY OF CLEARWATER, FLORIDA ("City"), MDC ASSOCIATES 81-A, LTD., a Georgia limited partnership, METRO DEVELOP14ENT CORPORATION, a Georgia corpora- tion, OR ASSIGNS (."Developer"). W I T N E S S E T H: WHEREAS, Sidney Colen ("Colen") owns the real property described on Attachment 1. attached hereto ("the Annex Property") and the real property described on Attachment 2. attached hereto (0rich real property together with the Annex Property is some- times-hereinafter collectively referred to as the "Project Property") which he has agreed under certain circumstances to convey to Developer; and WHEREAS, Developer wishes for the Annex Property to be annexed into the City provided that the City agrees to certain conditions relative to the Project Property; and WHEREAS, the City wishes to annex the Annex Property to be annexed into the City provided that the Developer agrees to certain conditions relative to the Project Property; and WHEREAS, Colen has heretofore filed with the City a Petition for Annexation and Zoning and an Application to Amend Land Use Plan relative to the Annex Property; and WHEREAS, on August 13, 1982, the City and Developer entered into an Annexation Agreement whereby the Project Property may be annexed into the City, which Annexation Agreement is recorded in O.R. Book 5397, pages 2022 through 2031, inclusive, of the Public Records of Pinellas County, Florida; and WHEREAS, on July 16, 1982, the Developer filed an Applica- tion for Development Approval of a Development of Regional Impact ("DRI") with the City and other appropriate agencies; and WHEREAS, on October 11, 1982, the Developer filed with the City an Amendment to the Application for Development-Approval and submitted copies of the Amendment to all appropriate agencies; and WHEREAS, the Developer has made substantial changes to the original Conceptual Development Plan (the "Plan"), attached as Exhibit C to. the A"nnexati on Agreement; and WHEREAS, the City and Developer have agreed to other changes in the Annexation Agreement; and WHEREAS, the parties wish to amend the Annexation Agreement relative to the Project Property; NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties amend and restate the Annexation Agreement in its entirety as follows: 1. Recitals. The foregoing recitals are tree and correct. 2. Annexation. Simultaneously with the approval of this Agreement by the City, the City shall conclude annexation of the Annex Property. 3. Conceptual Development Plan.. Immediately following the effectuation of the annexation of the Annexed Property, the City shall issue its Development Order relative to the Project Property. The Conceptual Uevelopment Plan attached to the Development Order as Exhibit "D" shows the general parameters for development of the Project Property. Any development of the Project Property by Developer shall be in substantial compliance with these parameters. All site and engineering plans, building plans, DRI Studies, or amendments or addenda thereto, or other sinilar documents or applications relative thereto, that are submitted by Developer to the City and are consistent with the proposed development as shown on the Plan and as are consistent with the Development Order adopted by the City as Ordinance No. 3205-83 of which this amended agreement is a part, shall be expeditiously.processed by the City. 4. Parkland Dedication. The City's parkland dedication requirement shall be satisfied in full upon the payment by-the Developer to an independent trustee designated by the City of the sum of $600,000.00, such payment to be made within five (5) days following the effective date of the Development Order. This sum shall be invested in an interest bearing account as directed by the City. with* the interest to accrue to the benefit of the City. The developer shall exercise its-best efforts for a period of twelve (12) months from the effective date of the Development Order, to locate and acquire, upon terms mutually acceptable to the Developer and the City, a recreational facility acceptable to the City in the City's sole discretion. In the event that Developer is successful in contracting for the acquisition of such "a facility, then the City shall authorize the trustee to disburse so much of the funds held by it as may be necessary to close the acquisition contracted for by the Developer for f conveyance to the City. The balance of the funds held by the trustee, if any, shall be paid over to the City. The City may, in its sole discretion, choose to assume any mortgages that may encumber such a facility, or contribute toward the purchase price of such a facility, or both. At any time prior to the Developer contracting for acquisi- tion of such a facility upon written notification by the City to the Developer and the trustee, the trustee shall promptly pay over to the City the funds, including interest, held by it. Upon the earlier of (i) twelve (12) months from the effective date of the Development Order, (ii) the consummation of the acquisition of such a facility or (iii) the payment to the City of the funds held by the trustee, the Developer shall be relieved of any further obligation under this paragraph. In the event that the Developer is not successful in contracting for the acquisition of an acceptable recreation facility within 12 months, the sum of $600,000 plus interest shall be paid over by the Trustee to the City. Prior to approval of the preliminary site plans for Phases II and III of Park Place, the City shall prepare a report describing the recreation lands and facilities or open space lands which have been acquired with the funds provided by the Developer, as well as any unex- pended balance of the funds or interest that has accrued. In consideration of transportation needs in the Project area, the City Commission may elect -to use any unexpended parkland monies to-support improvements to the transportation system provided that a minimum of $240,000 (which equates to four (4) percent of the pLurchase price of the Project Property) be expended for public parkland/open space purposes. 5. Land Use Designation and Zoning. Upon annexation of the Annex Property into the City, the Land Use Plan designation and Zoning Atlas category for each phase thereof shall be as set forth in the annexation, land use plan and zoning ordinances respectively. The portion of the Project Property already within the City's limits shall continue with the same Land Use Plan designation and Zoning Atlas category as in effect on July 15, 1982. Nothing herein shall preclude the subsequent amendment of the Land Use Plan or Zoning Atlas categories or the applicable requirements thereunder, except that development shall be entitled to proceed in accordance and consistent with the specific authorization of the Development Order and the City Code of Ordinances in effect at the time of application for final site plan approval. Utilities Ser a) Sewer. According to Developer's proposed phasing schedule for the proposed development, average daily sewer service requirements, by Phase and cumulatively, will be as follows: PHASE _I II III TOTAL RETAIL (MGD) .023 0 0 .023 OFFICE (MGD) .037 .024 .022 .083 TOTAL (MGD) .060 .024 .022 .106 Because of the magnitude of the proposed development and the length of the term over which it will be in process, City and Developer recognize the need for maximum certainty regarding the availability of sewer service for the proposed development. The City at its cost shall provide sewer service along U.S. Highway 19, Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue adequate and available for use to serve the Project Property. (b) Water. Water service is available to the Project Property from water lines along U.S. Highway 19, Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue. The projections of average daily water demand, by Phase and cumulatively, based on the Developer's proposed phasing schedule for the project are as follows: PHASE RETAIL (MGD) OFFICE (MGD) TOTAL (MGD) I .023 .037 .060 II .0 .024 .024 I I 1 0 .022 .022 TOTAL .023 .083 ..106 The sizes of the water lines presently in place are sufficient to service the above described estimated water needs of the proposed project. (c) Natural Gas. The City shall at its expense install a natural gas distribution system serving the Project Property where such installation expense can be recovered within a reasonable time based upon projected revenues to be generated by such system. Where gas mains are not located within dedicated rights-of -way or easements, easements shall be provided by Developer for said mains at no expense to City. - 7. Roads and Signs. If Developer constructs roads on the Project Property in general conformance with the design-shown on Exhibit "D" of the Development Order and in locations and to specifications acceptable to the City, then City shall accept any such road dedicated by Developer to the public or the City. Developer agrees that if such roads are dedicated, it will agree to maintain all median areas and shall provide reasonable liability insurance to City with respect to such medians. City recognizes the unique nature of the proposed development and agrees that business identification signs otherwise consistent with City sign regulations. and subject to site plan review requirements, including sign size, design, and location, may be placed and maintained-within publicly dedicated right-of-way so long as no danger to vehicular or pedestrian traffic is imposed thereby. 8. Access Easement. Upon annexation of the Annex Property, the City shall by separate instrument reasonably satisfactory to Developer, grant to Developer, its successors, assigns, guests and invitees, a right-of-way easement in a location and of a design reasonably acceptable to City for ingress, egress, and utilities over and under the real property described on Attachment 3. attached hereto. The term of such easement shall be the maximum permitted by law. The relocation and adjustment of existing facilities within said easement shall be at Developer's expense. 9. Access to Out Parcels. The City agrees not to prevent the right of ingress and egress to the out parcels fronting on State Road 60 provided that a maximum of two (2) points of ingress and egress to State Road 60 shall be permitted east of the main project entryway and a maximum of two (2) points of ingress and egress to State Road 60 shall be permitted west of the main project entry. q - 9 10. Development of Regional Impact. Oevelopmnent of the Project Property constitute-s a-DRI as defined in Flor-ida Statutes, Chapter 380. The City agrees that compliance by the Developer with the provisions of Chapter 380 is in addition to and complimentary to the initial Community Impact Statement T' CIS") prepared for the Project Property by the Developer. The DRI process,.const-ituting a more comprehensive and complete = eva.l-uation of project.impacts, supplants and supersedes the CIS wherever the two may be inconsistent and precludes the necessity of submitting any additional CIS for each phase or tract of the project. 11. Remedies. The parties recognize that damages for a breach by either party of the terms of this Agreement or the Development Order may be difficult or impossible to ascertain. The parties further recognize that there may be no adequate remedy at law for any such breach. Accordingly, the parties agree that either mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary and permanent) is an appropriate remedy in the event of breach, whether actual or anticipatory, of this Agreement or the Development Order. In the event of any litigation arising out of this Agreement or the Development Order, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees. 12. Effective Date and Term. This Agreement shall be effective upon its execution by the City and the Developer. A g-r?e?e m.e,n.t-- s-h-a 1„_ l-b-e-i-ffe f f'e c t f o r t-w a`Y (-2V,y_e.a.r s _ f o_l _1_o w i_n_g -t h el o f f_e,c- i v_e-d.a t-e-o-f t h e_^°D e v e 1 o_p m e,n t 0-r d e r .l 13. Binding Agreement. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY F CLEARWATER, F By. kz' Atte t: i t erc M arTager Counter- signature DA / , or- omm.1ssioner Approved as.-to?form and cor"rectne'ss. /.- - rty Attorney "CITY" Witnesses: MDC ASSOCIATES 81-A. LTD., a Georgia limited partnership By General artner "DEVELOPER" R E 3 1 . 2 7 NORTH PARCEL DESCRIPTION: Begin at the northwest corner of the N.E. 1/4 of the N.W. 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S. 89°-56'-11" E., 1312.06 feet; along the north boundary of said N.E. 1/4 of the N.W. 1/4 of Section 17, to a point on the west right-of-way line of Hampton road - County Road No. 144; thence S. 00°-19'-21" E., 1333.85 feet, along said west right-of-way line to a point on the south boundary of the N.E. I/4 of the N.W. 1/4 of said Section 17; thence S. 89°-54'-49" W., 1328.31 feet, along the south boundary of o theN.E. 1/4 of the N.W. 1/4 of said Section 17; thence N. 00 -221-26" E., 1337.33 feet, along the west boundary of the N.E. 1/4 of the N.W. 1/4 of said Section 17, to the Point of Beginning. Containing 40.477 acres, more or less. SOUTH PARCEL DESCRIPTION: Commence at the southeast corner of the N.W. 1/4 of Section 17, Townslip 29 South, Range 16 East, Pinellas County, Florida and go N. 00"'-191-21" W., 330.00 feet, along the east boundary of said N.W. 1/4; thence S. 89°-46'-41" W., 33.00 feet, to a point on the west right-of-way line of Hampton Road-County Road No. 144 for a Point of Beginning; thence S. 89°-46'-O1" W., 1998.14 feet, along a line 330.00 feet north of and parallel to he south boundary of said N.W. 1/4 of Section 17; thence N. 01 -041-0411 E., 229.92 fe-t; thence S. 89 -46X-01" W., 198.43 feet; thence N. 006-52'-21" E., 554.70 feet; thence S. 89°-84'-49" W., 174.94 feet; thence N. 00°-53'-42" E., 125.02 feet, to a point on the north boundary of the S.W. 1/4 of the N.W. 1/4 of said Section 17; thence N. 89°-54'-49" E., 2349.30 feet, along the north boundaries of the S.W. 1/4 and S.E. 1/4 of said N.W. 1/4 of Section 17, to a point on the west rioht-of-way line of Hampton Road-County Road No. 144; thence S. 00 19'-21" E., 1003.86 feet, along said west right-of-way line, to the Point of Beginning. Containing 49.496 acres, more or less. - ATTACHYEENT 1 B - 9. DESCRIPTION: Commence at the southeast corner of the N.W. 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S. 89°-46'-O1" W., 660.00 feet, along the south boundary of said N.W. 1/4 (centerline of Gulf-to-Bay Boulevard - State Road No. 60); thence N. 00°-19'-Z1" W., 50.00 feet, to a point on the north right-of-way line of Gulf-to-Bay Boulevard; for a Point of Beginning; thence, following said north right-of-way line, S. 89°-46'-O1" W., 58.49 feet; thence N. 00°-13'-59" W., 10.00 feet; thence S. 890-46'-O1" W., 1319.21 feet; thence, leaving said north right-of-way line, n. 01°-04'-04" E., 270.07 feet; thence N. 89°-46'-O1" E., 1371.13 feet, along a line 330.00 feet north of and parallel to, the south boundary of said N.W. 1/4 of Section 17; thence S. 00°-19'-21" E., 280.OQ feet, to the Point of Beginning. Containing 8.533 acres, more or less ATTACHMENT 2 B - 10. This property is the City well site property fronting on U.S. gighwav 19 service road north of State Road 60. An accurate legal description mutually acceptable to city and Developer shall be prepared and substituted for this Attachment 3. ATTACHMENT 3 B - 11. EXHIBIT "C" APPLICATION FOR DEVELOPMENT APPROVAL, AS AMENDED, AND TRAFFIC SUPPLEMENT C - 1. EXHIBIT "D" CONCEPTUAL MASTER PLAN FOR PARK PLACE 0 - 1. NOTES -"-- -__„ o _ - - - THIS IS A CONCEPTUAL PLAN AND IS I vv?, :I NOT TO BE USED FOR CONSTRUCTION. 2. LOCATIONS OF BUILDINGS ARE SUBJECT .. ? ? ' TO CHANGE. •• /' j' . r- ; ?' _ 3; PREFERRED PARKING AND BUS SERVICE „ PROGRAMS WILL BE FURTHER DELINEATED / - AS T.S.M. PLANS ARE PREPARED. I ` ?ATORr 6444E aur_owcs \ 4. PROJECT WILL CONSIST OF THREE PHASES 1\ \\ i' i PER THE A.D.A. i PHASES ARE SUBJECT d \?^ PHASE III TO CHANGE LON IN"I i ?: _ II s S?ORr 0411E BUS.DJ1145 i -_ -_-„ _ APPROXIMATE LOCH TI N OF :!BUS' LOADIMO AREA F\T 7 7 .r I,'?"•\i ; ;, ?'.' ?;r;? rl ' ° '???'---`alp 1•/? I O„j / •j 1 OUT PARCELS, I w.e ..a , r•a .,ua .. ae PARCELS I .I 1 - ..... ?..?,... - ' / r•?O?wAr 60 •'GUIi TO BM BOULEVARD a . A _ 39. I 1 CONCEPTUAL MASTER PLAN I Li Metro Development Corporation Post, Buckley, Schuh &Jernigan,Inc. te,uLr.laes ALr. n Aw uN eE r. t• .w .EN Aer. v .w vN AE V. .) AW •eeE AE E w EN J, 10 EXHIBIT "E" Road Improvements, To Be Wholly Or Partially Financed by Park Place TOTAL (T) OR PHASE IMPROVEMENT PARTIAL (P) FUNDING I S.R. 60/Mall Drive, turn T lanes I Traffic Signal, S. project T entry I Traffic Signal, Gulf - to-Bay T at Hampton I Gulf-to-Bay at Hampton, T turn lanes II Extend and widen Drew Street, P U.S. 19 to McMullen-Booth Road as provided in subsection 4.F.I.b. II U.S. 19/S.R. 60, P subsection 4.F.2. improvements II U.S. 19/3elleair Road, P subsection 4.F.3., improvements II Belcher, Sunset Point Road, P subsection 4.G.2. improvements III Widen Hampton, from S.R. 60 T to Drew III Traffic signal, Drew and T Hampton III Belcher Road at S.R. 60, P subsection 4.G.3. improvements III U.S. 19/Belleair Road, P subsection 4.G.1., improvements Amount of Park Place Contribution, By Phase: PHASE I = $247,383 PHASE II = 222,451 PHASE III = 160,942 TOTAL = 5630,776 (plus interest) V 1 1 ? Intercier FFDavid P. Planning .u rcct -j i sled Bel ow ;- As SUBJECT: revelopmen. Order for Park Place (Metro D DATE: November 14, 1983 nens ;'.nrrc-' : nce Sheet R ECEIdE NOV 18 1993 . veli eTMffo ENGINEERING We have consolidated Ordinance No. 3205-83, the Development Order for Park Place as originally approved by the Cite Commission on September 1, 1983, and Ordinance No. 3287-83 which amended the original ordinance effective October 20, 1983. While technically there remain two ordinances, Nos. 3205-83 and 3287-83 respectively, their consolidation into one docu!aent was necessary for efficient reference and ease of utilization-:. The amer;;-ia- :: ordinance was acceoted by the Tampa Ea: Regional Planning Council today in satisfaction: of their earlier objection,. Pending expected approval by both the State and the deveiop_r, or the expiration of the forty-five day aDDeal aerioc on December 1983, the Development Order is considered renaered and effective. I am providing copies to all of the departments potentially affected in order that they may have a current copy of same to which to refer in the review of subsequent site plans for the project and as it relates to specific commitments the City has made regarding transportation improvements. In particular, I call your attention to the provisions of Section 4, paragraphs "E"., "F., and "G". as they relate to future commitments through ou-r capital improvement program and monitoring efforts in the Transportation Improvement Plan of the Metropolitan Planning Organization. I appreciate all of the assistance and cooperation that every one of the departments gave in bringing this Development of Regional Impact process to a successful conclusion. DPH/dw Attachment Copies: Betty Haeseker, Assistant City Manager Mx Battle, Public Works Director ,/Keith Crawford, Traffic Engineering Director Bill Tripp, Acting Building Director Ream Wilson, Parks and Recreation Director Cecil Henderson, Utilities Director Joe Molnar, Fire Marshal Betty Deptula, Budget Director PPITRO OCT 23 199) Tampa Bay Regional Planning Council ORDINANCE-NO. 3205-83 AS AMENDED BY ORDINANCE NO. 3287-83 :AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RENDERING A DEVELOPMENT ORDER PURSUANT TO CHAPTER 380, FLORIDA STATUTES, ON .*7AN APPLICATION FOR DEVELOPMENT APPROVAL FILED BY METRO .-DEVELOPMENT CORPORATION FOR PARK PLACE, A DEVELOPMENT OF REGIONAL --;IMPACT; PROVIDING FINDINGS OF FACT; PROVIDING CONCLUSIONS OF LAW; ENUMERATING THE CONDITIONS OF THE DEVELOPMENT ORDER; PROVIDING FOR ADMINISTRATION OF THE DEVELOPMENT ORDER; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, on July 16, 1982, Metro Development corporation ("Developer") filed an Application for Development Approval of a Development of Regional Impact ("ORI") with the City of Clearwater ('City"), the Tampa Bay Regional Planning Council ("TBRPC"), the Florida Department of Community Affairs ("DCA") and other state, regional and local agencies, pursuant to the provisions of Section 380.06, Florida Statutes (1981) ; and WHEREAS, on October 11, 1982, the Developer filed with the City an Amendment to the Application for Development Approval and submitted copies of the Amendment to all appropriate agencies; and WHEREAS, the Application for Development Approval, as amended ("ADA"), proposes the development of Park Place, a 99 acre planned retail and office complex in the City of Clearwater near the intersection of U.S. Highway 19 and State Road 60 (herein sometimes referred to as "Park Place" or "Project"); and WHEREAS, the City Commission, as the governing body of the local yovernment having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider applications for development approval for developments of regional impact; and "HEREAS, the public notice requirements of Section 380.06, Florida Statutes, have been complied with; and 14;;EREAS, the City Co!nmi ssi on has r,-cei ved and r_onside red the repurt and reeomoendati on of the TBRPC; and '-.111 _REAS, the City Coinmission has on August 18, 1983, held a duly noticed public hearing on the ADA and has heard and considered testimony and documents received thereon; and WHEREAS, thi s Devel oprrent Order, rihen adopted wi 11 constitute a land Bevelopoent regulation applicable to the property; and WHEREAS, the Local Governrsent Comprehensive Planning Act ("LGCPA") requires that all development regulations and ariendments thereto related to an adopted co;apreh;?nsi ve pl an or el ooent thereof be revi eared by the Local Planning Agency ("LPA") for conforriance jai th plans adopted pursuant to the LGCPA; and WHEREAS, the Pinellas County Planning Council (PCPC) has been designated the Local Planning Agency for Pinellas County and the PCPC has adopted guidelines with ref!rence to such required referral process; and AIHEREAS, this Ordinance has been referrad to and ;Pill be duly considered by the PCPC under said, process; and ;WHEREAS, the City Commission has reviewed and considered the above referenced documents, as well as all related testimony and evidence submitted by each party and members of the general public, now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF Tlit CITY OF CLEARWIATER, FLORIDA: Section 1. Introduction - That this Ordinance shall constitute the Devel oa!a(?nt Order ("this Order") of Lice City Coy„ li ssi on i sued ill r,?sponse to the A-DA fi 1 ed by the Oevel oiler for development of Park Place, a development of regional i;npa(:t. The scoI)e of deveI opr;ient to be permi tted pursuant to this Order shall be as hereinafter set forth. Section 2. Findings of Fact - That the City Commission, having received the above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds ....there is substantial competent evidence to support the following findings of fact: A. The Developer proposes the development of Park Place, a 99-acre retail and office complex in the City near the intersection of U.S. i?ighway 19 and State Road 60. S. The real property which is the subject of the ADA (the "real property") is legally described as set forth in Exhibit "A", attached hereto and by reference made a part hereof. C. A major portion of the real property was the subject of a request for annexation to the City according to the terms and conditions of an Annexation Agreement approved at public hearing on July 15, 1982, and recorded in O.R. Book 5397, pages 2022 through 2031, inclusive, of the Public Records of Pinellas County, Florida. Said Annexation Agreement is amended and restated in its entirety in the First Amended and Restated Annexation Agreement, as set forth in Exhibit "B", attached hereto and by reference made a part hereof. Said annexation and First Amended and Restated Annexation Agreement are effective immediately prior to the adoption by the City of this Order. D. The City Commission in approving,the Developer's original Annexation Agreement on, July 15, 1982, imposed the following conditions on Park Place, which will be satisfied in the process of site plan approval con- sistent with this Order: ?• r 1. The following maximum floor area ratios ("FAR") be established: (a) Maximum FAR of .25 for retail commercial use. (b) Maximum FAR of .30 for low-rise office use. (c) Maximum FAR of .40 for mid-rise office use. 2. Conveyance by deed(s) for the following additional rights-of-way: (a) Along the southern boundary of the Project fronting on State Road 60, ten (10) feet of right-of-way, as may be required to establish a full sixty (60) foot one-half rignt-of-way. (b) Along the northern boundary of the Project fronting on Drew Street, fifty (50) feet of right-of-way, to establish a full fifty (50) foot one- half right-of-way. E. The Developer submitted to the City an ADA, supplemental documentation on traffic systems management ("TSM") and a sufficiency response, which are attached hereto as composite Exhibit "C", and by reference made a part hereof. F. This Project will yield positive economic impacts to the City and Pinellas County, in the form of construction expenditures, (approximately $41.1 million), employment opportunities, (approximately 4,000 permanent jobs) and ad valorem taxes, (approximately $1.3 million annually). G. This Project will yield substantial negative impacts on the existing road system established and maintained by the City, Pinellas County and the State of Florida; which road system does not at present operate in all cases at a desirable level of service (11LOS11 H. The Project development is not located in an area of critical state concern as designated pursuant to Section 380.052 Florida Statutes (1981). t M I. The Project will not unreasonably interfere with the achievement of the objectives of any adopted state land development plan(s) applicable to the area. J. A comprehensive review of the impacts generated by the Project has been conducted by the City and the TBRPC. ?. K. This Order is consistent with the report and recom- mendations of the TBRPC. L. The City has established land development regulations, including zoning, approval of building permits, site plan review and subdivision regulations, and pursuant to these ldnd development regulations, has the necessary and adequate authority to monitor, administer, and enforce the provisions of this Order. Section 3. Conclusions of Law - That the City Commission, having made the above findings of fact, reaches the following conclusions of law: A. That these proceedings have been duly conducted pursuant to applicable laws and regulations, and based upon the record in this proceeding, the Developer is authorized to conduct development as described herein, subject to the review procedures, requirements, conditions, restrictions and limitations set forth herein. B. That review by the City reveals that impacts are adequately addressed pursuant to the requirements of Section 380.06, Florida Statutes, within the terms and conditions of this Order. Section 4. Order - That, having made the above findings of fact and drawn the above conclusions of law, it is ordered that the ADA is hereby approved, subject to the following review procedures, requirements, conditions, restrictions and limitations: i A. Development shall be approved consistent with the Conceptual Plan included as Exhibit "D", attached hereto and by reference made a part hereof, and according to the site plan review procedures and criteria, as well as all other applicable provisions of the City Code of Ordinances. In particular, a preliminary site plan shall be submitted for each phase, and individual final site plans within the respective phases shall be consistent therewith. Development of out-parcels indicated on the Zonceptual Plan shall be consistent with said plan and all out-parcel development will be subject to site plan approval procedures and shall be coordinated with the overall Park Place development. Permitted maximum 'Floor areas for Park Place are considered to be inclusive of out-parcels both as to total project floor area and floor area by phase. B. All development pursuant to this Order shall be con- sistent with applicable land development and building regulations, codes, ordinances and policies in effect at the time of application for final site plan approval for the respective components of the Project. No amendment of any such regulation, code, ordinance or policy adopted subsequent to the effective date of this Order, however, shall preclude, or require any material revision of, the type of use or amount of floor area as set forth in the Conceptual Plan. C. The Project is approved for a total maximum floor area of 1,253,000 square feet, comprised of a maximum 1,103,000 square feet of office use and a maximum 150,000 square feet of retail commercial use. The per itteo maximum floor area is to be approved sub,ec'. to the =„P and phasing limitations set forth below: I I J The maximum permitted floor area by category of use shall be approved only to the extent that such floor areas are consistent with the following FAR's and at no time during the approval of individual final site plans shall the cumulative FAR exceed those set forth below: Retail Commercial - maximum FAR of 0.25 Low-Rise Office (3 stories or less) - maximum FAR of 0.30 Mid-Rise Office (4 through 8 stories) - maximum FAR of 0.40 2. The Project phases sliall be defined as follows: Ft. Phase Maximum Floor Area - In Sq. Total Retail Commercial Office 150,006 480,000 630,000 Phase 1 323,000 323,000 Phase II 150,000) (803,000) (953,000) (Phase I and II cumulative) ( Phase III 300,000 300,000 (150,000) (1,103,000)(1,253,000) (Phase I, II and III cumulative) .000 OO 1 253 000 150 1 103_,.O Total D. The Developer agrees to acquire land, or to pay the City for land required to be acquired by-the City, to provide ingress and egress to the west and to the south of the Project. Specifically, access to the west shall interconnect with the existing easement at the north end of M&B 19-1, 20, 20-1, and 20-1A (Bennigan's, Chi Chi's and Perkins) to the U.S. 19 frontage road and through the Bennigan's site to the existing traffic light at State Road 60. Access shall be provided to the south through M&3 21, 21-1, and 22-1 (E-tcHlullen Property) to State Road 60, with the exact location to be determined ?hale at time of preliminary site plan approval Said ingress and caress shall be se=ure'. n r _way easement, or other appropriate acquisition, right-of the!- ,.he Devel oaer o 7- the Ci _y • if acquisition cannot be'accomplished by the Developer on terms acceptable to the Developer, then upon written request of the Developer, the City agrees to the utilization of its eminent domain powers under Chapter 73, Florida Statutes to acquire such right-of-way. The City agrees to exercise such eminent domain powers solely under Chapter 73, Florida Statutes, if necessary, within twelve (12) months after the effective date of this Order, consistent with the applicable provisions of law, in recognition that it is in the public interest that such ingress and egress be obtained. In the event that the City so exercises its power of eminent domain to acquire rights in any of the above referenced property for ingress and egress, the Developer shall compensate the City in the amount of the condemnation judgment; except where such judgment exceeds the appraised value or average of appraised values entered into evidence in the condemnation proceeding by the City, the City and the Developer shall, subject to the mutual consent of the City and the Developer as to the reasonableness of the judgment, share equally (50 percent each) the amount of the judgment awarded in excess of such appraised value or average values. The cost of constructing such connections to the adjoining property to the west and to State Road 60 to the south, in addition to any other contributions for on-site or off-site road improvements, will be the responsibility of the Developer according to a schedule to be estab- lished with the preliminary site plan approval of Phase 1. E. Prior to the approval of the initial final site plan for Phase I, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost of construction of the transportation improve- meats. i . At the U.S. 19/S R. 580 and U.S. 19/Countryside Boulevard intersections construct a grade-separated interchange. This improvement is currently pro- arammed in the Pinellas County MP0 Transportation, Improvement Program (construction to start in FY 1986-87). 2. At the U.S. 19/Drew Street intersection, reassess the existing green time signal phasing. This reassessment is to be done by the City within the 1983-84 work program of the Traffic Engineering Department of the City. 3. At the U.S. 19/Roosevelt Boulevard intersection, construct a grade-separated interchange. This improvement is currently programmed in the Pinellas County MPO Transportation Improvement Program (con- struction to start in FY 1985-86). 4. Construct access points to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improve- ments shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improve- menu and the Citv shall assume the responsibility or constructing these improvements. 5. At the S.R. 60/Clearwater Mall Drive II interse-ction construct two eastbound to northbound exclusive left turn lanes. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. The City commits that it will let for bid these improvements no later than twelve (12) months from the effective date of this Order with a scheduled construction completion date no later than twenty-four (24) months from t;ie effective date of this Order. 6. Install or renovate, as appropriate, traffic signals at the south project entrance and S.R. 60 and at Hampton Road and S.R. 60. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improve- ments and the City shall assume the responsibility for constructing these improvements. 7. Construct an exclusive left turn lane on S.R. 60 approach and an additional through lane in each direction on S.R. 60 at its intersection with Hampton Road. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 3. Construct additional lanes on State Road 50 from U.S. 9 to MctrulIen-Booth Road. This improvement is currently programmed in the Florida Department of Transportation Five-Year 'work Program with con- uc i on s it°_aul ed to start in 9co-O; st, - 9. Construct additional-lanes on Sunset Point Road from Keene Road to U.S. 19. This improvement is cur- rently programmed in the Pinellas County MP0 Transportation Improvement Program with construction scheduled to start in 1986-87. F. Prior to the approval of the initial final site plan for Phase II, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the construction of the transportation improvements. 1. At the U.S. 19/Drew Street intersection construct a grade-separated interchange. In lieu of the funding commitment or the proportionate share of the construction cost, the following commitments may be made: a. Extend Druid Road between Belcher Road and Edenville Road. The completion of this improvement will provide a parallel reliever access for State Road 60 and Drew Street. The City is committed to this improvement in its 1983-84 work program. b. LXtend and widen Drew Street as a four-lane divided link (four through lanes and turn lanes as are appropriate) between U.S. 19 and McMullen-Booth Road. Construction of Drew Street from Hampton Road east to i4cMullen-Booth Road as a two-lane road is currently programmed in the Pinellas County 11PO Transportation _1JrOVtPlen PrOv "a".) ti i -n C?n_tr': l cn scne I?C ..o start i n 1983 ^ _ i s ac'r.now -i e c_ec ?ha he foregoing extension of Drew Street that is programmed by Pinellas County MPO will not satisfy the need for a four-lane divided link between U.S. 19 and McMullen-Booth Road. The City has assumed the responsibility for those improvements beyond those committed and pro- grammed in the Pinellas County MPO Transportation Improvement Program. 0. Pursuant to subsection 4.D. the Developer shall be responsible for the cost of the right-of-way and construction of the ingress and egress to and from the south through MOB 21, 21-1 and 22-1. This ingress and egress will be c.-aced so as to maximize the use of Druid Road via Sky Harbor Drive and Seville Boulevard (around the perimeter of the Clearwater Mall). d. Prior to the issuance of the first certificate of occupancy for Phase II, the Developer shall provide up to $125,000 to the Florida Department of Transportation for the construction plans of the U.S. 19/Drew Street grade-separated inter- change. These funds shall be provided in order to obtain a commitment for the construction of the U.S. 19/Drew Street grade-separated inter- change during Phase III. 2. At the U.S. 19/S.R. 60 intersection, construct an eastbound to southbound exclusive right turn lane and in the eastbound and westbound directions construct one additional exclusive left turn lane. Pursuant to subsection 4.Z., the Developer shall pay 2 r o p o r , , i G n a t P share o f the Co e r o s t f o r cons-_ r u ? i on of thi improvement. 3. At the U.S. 19/Belleair Road intersection, construct an eastbound to southbound exclusive right turn lane. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of this improvement. G. Prior to the approval of the initial final site plan for Phase III, funding commitments for construction from the goverri-mental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility fo.r its proportionate share of the cost of construction of the transportation improve- Tents. 1. At the U.S. 19/Belleair Road intersection, convert the exclusive right turn lane into a combination through and right turn lane in each direction on U.S. 19, and construct an exclusive eastbound to southbound right turn lane on Belleair Road. The through lanes shall continue to the next inter- section or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of these improve- ments. 2. At the Belcher Road/Sunset Point intersection, construct exclusive right turn lanes on all approaches, and construct additional through lanes in each direction on Sunset Point Road. The through lanes shall continue to the next intersection or some logical terminus in accordance with proper r_sian -r?_ ic_. Pursuant to subsection 4.'_., the Jev°_ioQ?r shcl'1 oay its QroQortionate share o,.;: the pest for can-:--ruction o` these improvements. 3. At the Belcher Road/ S.R. 60 intersection, construct an additional through lane and additional exclusi.,e left and right turn lanes on all approaches. The through lanes shall be continued to the next intersection or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.7., the Developer shall pay its proportionate share of the cost for construction of these improve- ments. =.. Construct additional access to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improve- ments shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improve- ments and the City shall assume the responsibility for constructing these improvements. 5. On McMullen-Booth Road, construct additional lanes from S.R. 60 to Sunset Point Road as is currently programmed in the Pinellas County MPO Transportation Improvement Program (construction to start in FY 1934-85). 6. Install and/or relocate additional traffic signals in the project area at Drew Street and the north project entrance, Drew Street and Hampton Road, the two south project entrances and State Road 60, and State. Road 60 and Hampton Road. These improvements are to be made in phases as is appropriate, but in their entirety by Phase III. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection .?. , the Developer shall pay the total cos:. of these in:)rove_- ments and the City shall assume the responsibility for constructing these improvements. 7. Expand Hampton Road to a two-lane divided link (two through lanes with turning lanes as appropriate) from State Road 60 to Drew Street in phases related to points of access on Hampton Road, but in its entirety by Phase 111. The cost of this improvement shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shal': assume -.he resr:;;sibility of constructing the 'irp-rvemen t. "he J S. .'.O/Sunset Point Road and U.S. 19/ Coachman Road intersections construct grade separated interchanges, provided, however, such facilities shall not remain a condition of approval if TGRPC's transportation policies are amended or the Developer, at the initiation of Phase III, agrees to prepare and submit traffic condition information documenting that the improvements are no longer necessary to mitigate regional impacts. H. The City further agrees to the following: 1. In the interest of recognizing the commitments toward road improvements made by the Developer and to provide for the treatment of other developments in a comparable fashion, the City will review and evaluate potential appropriate legislation dealing with local transportation impact fees; 2. The City will cooperate with and expedite, where possible, the design of all FDOT improvements which are necessitated in part by Park Place, in partic- ular the U.S. 19/Drew Street grade-separated intercnange; ;=a v Th° ri ty W1l l Suoport as a ail". -h= - ?. grace_sao ''t scheduling and construction of Z J.S. I9/0rew Street interchange; and 7. Expand Hampton Road to a two-lane divided link (two through lanes with turning lanes as appropriate) . from State Road 60 to Drew Street in phases related to points of access on Hampton Road, but in its entirety by Phase III. The cost of this improvement shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility of constructing the improvement. 8. At the U.S. 19/Sunset Point Road and U.S. 19/ Coachman Road intersections construct grade separated interchanges, provided, however, such facilities shall not remain a condition of approval if TBRPC's transportation policies are amended or the Developer, at the initiation of Phase III, agrees to prepare and submit traffic condition information documenting that the improvements are no longer necessary to mitigate regional impacts. H.. The City further agrees to the following: 1. In the interest of recognizing the commitments toward road improvements made by the Developer and to provide for the treatment of other developments in a comparable fashion, the City will review and evaluate potential appropriate legislation dealing with local transportation impact fees; 2. The City will cooperate with and expedite, where possible, the design of all FDOT improvements which are necessitated in part by Park Place; in partic- ular the U.S. 19/Drew Street grade-separated interchange, 3. The City will support as a high priority the early scheduling and construction of a brace- separated U.S. 19/Drew Street interchange; and 4. The City will review and recommend as is appropriate the redesignation of the U.S. 19/S.R. 60 area, including Park Place, as a regional activity center under the TBRPC Regional Plan. I. The developer shall, during construction of Phase I of the Project, prepare a Transportation System i4anagement (TSM) Plan, which shall be submitted for approval coincident with the submittal of the preliminary site plan for Phase II of Park Place. The TSM Plan shall be submitted to the City, the TBRPC, the Pinellas County MP0, FOOT and the Pinellas Suncoast Transit Authority, as appropriate. The plan of TSM measures as approved by the City shall be instituted during Phase II of the Project and implemented for the duration of the life of the Project, according to the following: 1. Assure implementation, by a responsible entity, of Park Place worker flex time of sufficient magnitude to divert 11.9 percent of total peak hour vehicle trips projected in the ADA away from the peak hour traffic. Measures to achieve this diversion may include transit incentives and/or lease agreement stipulations, and others as appropriate. 2. Assure implementation, by a responsible entity, of a TSM program of Park Place worker ridesharing, of sufficient magnitude to divert 2.8 percent of total peak hour vehicle trips projected in the ADA array from the peak hour traffic. Incentive measures to achieve this diversion may include preferential parking, and/or coordinating service, as appro- priate. 3. Assure implementation of a bus incentive program in cooperation with the Pinellas Suncoast Transit Authority that will result in provision of suf- ficient transit service facilities and ridership to assure a diversion of 5.6 percent of total peak hour vehicle trips as projected in the AOA away from the peak hour traffic. Measures to achieve this diver- sion may include adequate headways, bus stops and shelters, employee bus passes, and developer subsidies, as appropriate. 4. Assure implementation of express bus service of sufficient magnitude to effect a diversion of 1.3 percent of the total peak hour vehicle trips away from the peak traffic hour, provided, however, implementation of express bus service shall not be required until final site plan approval is requested for the initial portion of Phase III of Park Place. Measures to achieve this diversion shall include adequate headways, bus stops and shelters, employee bus passes, developer subsidies of park and ride lots and capital improvements, as appropriate. 5. Actual experience in implementation of the TSM Plan may indicate that the individual rates of reduction vary from those described above. Any such variances shall be considered consistent with this Order, provided that the overall cumulative reduction in vehicle trips is at least 20.3 percent by the end of Phase 11 and 22.3 percent in Phase III. 6. Moni tori ng of the effectiveness of TSM programs shall be conducted biennially starting with sub- mission of a report concurrent with the first annual report following preliminary site plan approval for Phase 11. The monitoring methodology shall be based on generally accepted traffic engineering practice reasonably acceptable to the City anc consistent. with the methodology in the ADA. If monitoring indicates that target reduction levels are not being achieved, the City may withold authorization of final site plan approvals requested subsequent to submission of the TSM report for Phase II and preliminary or final site plan approval for Phase III, until acceptable mitigation methods are implemented. The City has the right at its expense to require verification from a source other than Developer's consultant, of methods as may be appropriate to assure that an accurate representa- Lion of TS1 effectiveness has been submitted and may hold a public hearing consistent with the provisions of subsection 5.C. of this Order prior to final site plan approvals requested subsequent to submission of the TSM report for Phase II or prior to preliminary site plan approval for Phase I I I to evaluate the TSM Plan and performance thereunder. J. The Developer shall be responsible for all improvements made on the Park Place site, and for construction and maintenance of all open space, drainage retention, street medians, street lighting (including the cost of supplying electricity thereto), and access drives and roadways to and through the Project, including access drives across designated land or easements yet to be acquired. The Developer shall be responsible for proper maintenance of all on-site development approved consis- tent with the Conceptual Plan included as Exhibit "D". The foregoing, however, shall not preclude the Developer from offering, and the City from accepting, dedication of any street proposed to be a public street, in which case the Ci ty wi 11 assume respons i of i i for. „ia . ' n_ said public street consistent viith the prov?s:ons s:---- 6 f orth i n =xhi bi t K. Wetlands on the site, designated as Aquatic Lands (AL) by the City and as identified in the ADA, shall remain undisturbed by development activities, except as approved by the City consistent with provisions of the AL zoning district and City drainage and retention policies. The following measures to control water quality and erosion references in the ADA, shall be implemented to the satisfaction of the City consistent with established policy includina controlled phasing so that large areas are not left exposed for long periods of time, minimal grading, maximum use of existing vegetation, seeding, nulching, sodding and safe disposal of runoff. M. The Developer shall institute a program to be developed in conjuction with the City to monitor the on-site water quality in the project drainage system, so that a determination by the City of this project's impact on nearby receiving waters can be made and adjusted as may be required. N. Paved parking surfaces shall be cleaned/vacuumed periodically as part of a water quality maintenance program designed to be consistent with the Source Control Practice section (page 6-10) of the TBRPC approved Stormwa_ter and Lake Systems Maintenance and Design Guidelines. The entity responsible for imple- mentation shall be subject to reasonable approval by the City. 0. All drainage plans shall be prepared in accordance with the TBRPC approved Stormwater and Lake Sys Maintenance and Design Guidelines. and shall be submitted to the City and the TBRPC for review prior to any final site Alan approval. Ail drainage plans will be _udJ ec to ity approval consistent with Ci_y ?eauiremen?s therefor at time of final site plan approval. P. The final drainage system shall include the following recommendations of the Florida Game and Fresh Water Fish Commission: 1. A stormwater management system with shallow detention ponds with wide, gently sloping littoral zones (1V:6H vertical:horizontal minimum); 2. P.evegetation of constructed littoral zones with native wetland species; 3. Pouting stormwater, whenever practical, via open veaetated swales as opposed to pipes and culverts. Q. Bicycle and pedestrian pathways shall be incorporated into the development as measures to decrease vehicular pollution/emissions, as referenced in the ADA, and shall be a condition of approval of site plans within Park Place. R. Appropriate corrective measures shall be taken to mitigate soil limitations and additional soils testing as is required to accommodate final building construc- tion design as required by the City. S. The Developer shall phase construction so that trees with active osprey nests shall remain in place through the nesting season. If an active nest is removed, with approval of the Florida Game and Fresh Water Fish Commission, it shall be replaced with a suitable nest stand. T. A capture-release program be established for any Gopher Tortoise, Florida Mouse and Eastern Indigo Snake observed on-site during construction, as referenced in the ADA. The release site shall be determined in cooperation with the Florida Game and Fresh Mater Fish Commission. U. Any historical or archaeological resources discovered during construction will be reported to the Florida Division of Archives, History and Records Management an.! that the disposition of such resources be determined in cooperation with the Division of Archives and the local government with jurisdiction, as referenced in the ADA. V. Site plans shall include provision for preservation and transplanting of as many tree clusters or individual trees as is feasible and tree preservation measures shall be included as a consideration in site plan approval. W. The Developer shall encourage that energy conservation measures such as building orientation and shading, overhangs, sun angles, and use of renewable energy sources, be incorporated into the Park Place develop- ment: The extent to which cost-effective energy conservation measures are included shall be a consid- eration in site plan approval. X. The Developer, its successors or assigns, shall be the entity responsible for maintenance of on-site wells. Y. The City alone, and where appropriate in conjunction with Pinellas County, shall provide fire, police, EMS, sewerage, refuse disposal, potable water, and other general government services to Park Place. 2. Under subsections 4.E., 4.F., and 4.G. the Developer shall contribute to the City its proportionate share of the cost of construction of certain traffic improve- ments. Concurrently with the certification of the initial final site plan for each phase, the Developer shall pay to the City the following listed principal amounts plus interest for each of the listed phases: Phase I: $247,383 Phase II: $222,451 Phase III: $160,942 Said payments are calculated to be adequate to cover the Developer's proportionate share of the future cost of the designated road improvements, including inflation. Interest on the principal sum for each phase shall accrue from the effective date of this Order and interest shall be computed at a rate of ten (10) percent per annum beginninq with the effective date of this Order. Payment of the foregoing monies shall constitute the final and complete payment of the Developer's proportionate share for any and all off-site transporta- tion i mprovements related to the Project, except as otherwise provided herein. The City agrees that it will utilize all of the funds paid by the Developer pursuant to this subsection for traffic improvements in the Project's impact area with emphasis on those improve- ments identified by the TBRPC's report. Section 5. Administration - That the following procedures and requirement will apply to the on-going administration of tinis Development Order: A. The Developer shall submit an annual report on the DRI to the City, the TBRPC, the Southwest Florida Water Management District, and the State Land Planning Agency on the anniversary of the effective date of this Development Order for each following year until and including such time as all terms and conditions of this Order are satisfied or same has expired by its term, whichever is earlier. Such report shall be submitted io- review by the .-i tV Commission to insure comoliance with the terms and conditions of this Order. The Developer and TRRP shall be notified of any City Commission meeting wherein such report is to be re- viewed, provided, however, that receipt and review by the City Commission shall not be considered a substitute or a waiver of any terms and conditions of the Development Order. Each report shall contain: i. A description of all development activity conducted pursuant to this Order during the year immediately preceding the submission of the annual report; 2. A description of all development activities proposed to be conducted under the terms of this Order for the year irimedi ately subsequent to the submission cf the annual report; 3. A statement listing anticipated applications for development approvals or permits required pursuant to applicable regulations which the Developer proposes to submit during the year immediately following submittal of the annual report; 4. A statement setting forth the name(s) and address of any assignee or successor in interest to the Developer in its capacity as developer of Park Place or any portion thereof; and 5. A statement that all persons have received copies of the annual report, as required under Section 380.06(16), Florida Statutes (1981). It is the intent of this requirement that the submittal of the annual report shall be in addition to and not in lieu of any submittal requirements for an annual report as promulgated by -he State Land Planning Agency. 8. Further review pursuant to Chapter 380, Florida Statutes may be required if a substantial deviation, as defined. in Chapter 380, Florida Statutes, occurs. The Developer shall be given due notice of, and an opportunity to be heard at, any hearing to determine whether a proposed change to the development is a substantial deviation. Substantial deviation may occur by failure to comply with the conditions of this Order, other than a failure by the City, failure to follow the plans and specifica- tions submitted in the ADA and supplementary information, or by activities which are not commenced, other than by the City, until after the expiration of the period of effectiveness of this Order. C. Pursuant to the terms and conditions of this Development Order adopted pursuant to Section 380.06, Florida Statutes, the City will issue numerous permits and approvals for the various phases of this Project. It is acknowledged that under Section 380.07, Florida Statutes, the Tampa Bay Regional Planning Council has the right to appeal to the Florida Land and 4iater Adjudicatory Commission any deviation from or amendment to this Ordinance. D. The definitions contained in Chapter 380, Florida Statutes (1931), shall control the interpretation and construction of any terms of this Order. As used herein the term "commitment" or "funding commitment" shall mean the inclusion of the improvement in any governmental agency's capital improvement program, including but not limited to the FDOT Five Year Work Program and the Pinellas County HPO Transportation Improvement Program or a v;rit-en representation oy the Developer achno,+l- _dcinc i _s -ssu:p_ion of the responsidility -.o. fune,n and constructing the improvement. ?. This Order shall remain in effect for a period of twenty (20) years from the effective date of this Ordinance; providing ho,rever that a preliminary site plan for Phase I is submitted and approved within one (1) year from said effective date and reasonable continuous progress is made toward the completion of this Project during the duration of this Order. If the Project is discontinued for any consecutive period of two (2) years, this Ureer snalI expire and no further development shall occur prior to the reinstatement of this Order by specific action of t;ie City Commission. The Project shall nat. be deemed to have been discontinued so Iona as the Developer is actively involved in Project leasing activities, managing the Project, or operatin-g under an approved site plan of the Project. Nothing herein contained shall be construed as requiring that con- struction activity be engaged in by the Developer within any two (2) year period. Any development activity, wherein plans have been submitted to the City for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the City upon the finding of just cause. Nothing in this Ordinance shall deny the Developer, its successors or assigns the right to petition for an amendment to this Ordinance, if the review requirements of the TSRPC are amended significantly in regard to traffic or other regional impacts, if background or site-generated traffic volumes differ significantly from those projected in the ADA, or if there is evidence of other changes in conditions revealed during the moni - tc inc roc_ss. - his order shall De binding upon the D,v:loDer, arc ?s assigns, or successors in interest. G. Any reference herein to any governr.,cntal agencies shall be construed to mean any future instrumentality which may be crec tea or designated as succe-sor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. h. The City Clerk is directed to send copies of this Order, within five (5) days of the effective date of this Ordinance, to the Developer, the DCA. and the TBRPC. i. The Developer snall record a notice of adoption of this Order as required pursuant to Section 380.05(1=.)(d), Flcrida Statutes (1981and shall furnish the City Clerk, a copy of the recorded notice. J. This Order shall be deemed rendered upon transmittal of copies hereof to the recipients specified in Chapter 380, Florida Statutes. Section 6. Plan Conformity - The City does hereby certify that the measures contained in this Ordinance are consistent and in conformance with the City's Comprehensive Plan and individual elements thereof adopted pursuant to the LGCPA and directs that same be forwarded to the LPA for their receipt and appropriate action. Section 7. Interpretation - Completion of scheduled or actual improvements delayed or prevented by extraordinary circumstances outside of the City's control, such as acts of God, shall not be considered a breach of this Order. In the event of any such delay the City shall notify the Developer and TBRPC. Acceptance by the City of funding contributions specified in this Order shall not relieve the Developer of meeting and satisfying the other applicable terms of this Order. Said acceptance by the Cit: shall not preclude the City from amending its land develop- - J men. o, building ecuIa.,ions a_ sa i d amendments are r,p - adm 7i s ,tired a man -• _C) .n s ?e n 'I ,:i th th i s Order. Section 8. Repealer - All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 9. Separability - Should any part or provision of this Ordinance be declared by a court of competent jurisdic- tion to be invalid, the sane shall not affect the validity of the Jrdinance as a whole, or any part thereof other than the part declared to be invalid; provided however that any such finding of i nval i d, t-Y wal l automatically authorize the City, the T3RPC, the Dot or the "?eveloper to request a determination under the provisiocs o` Chapter 380, Florida Statutes relative to sub- stantial deviation,. Section 1.0. Notice - Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. Section 11. Effective Date - The provisions of this Ordinance shall take effect as provided in Chapter 380, Florida Statutes. PASSED ON FIRST READING August 18, 1983 PASSED ON SECOND AND FINAL READING AND ADOPTED September 1, 1983 AS AMENDED /s/ Kathleen F. Kelly Mayor-Commissioner Attest: /s/ Lucille Williams City C erk Ordinance #3287-83 PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL October 20, 1983 October '20. i983' ?s/ i:atn f e_.. Ke 1 _' I•iayor-Commissioner ;;.test: LIST OF EXHIBIT EXHIBIT "A" - Legal Description of Park Place EXHIE:T "B" - Pirst Amended and Restated Annexation Agreement cXHIE=` "C" - Application for D evelopment Approval, As Amended, and Traf fic Supplement EXHIBIT "D" - Conceptual Master Plan for Park Place EXH?E: Road improvements , to be Wholly or Partially i nanced by Part: P! ace 7 H LEGAL DESCRIPTION OF PARE: PLACE Ccmmence 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 b-oundary of the Northwest 1,14 of said Section 17 (the East--West centerline of said Section 11-7;) thence N' 00'19'21" W, 50.00 feet, -„ a point cn the-North righ--of-way line of Cuif-to-Gay Boulevard - State Road 60 for a P0IltT OF BEGINNING:; thence, following said `north ri cht-of- way line, S 89'46'01" W, 58.49 feet; thence N 00°13'S9" W1, 1b. 00 feet; thence S 29046'01" W, _319:21 feet; thence, leaving said North right- of-way line, N 01004104" E, 500.99 feet; thence S E9'=6'01" W, 198.43 feet; thence N OC'?2'Z„' 54-70 feet; thence S ES'54'49" W, rUO.06 feet, to a point on the East right-of-way line of U.S. 'Highway 19; thence, fol l cw-i na said East ri cr,t-ofway line, N 01'04'04" E, 28. IS feet; thence along a curve to the right that has a radius of 192.00 feet, an arc 1 enoth of 72.82 feet, a chord 1 enoth of 72.39 feet, a chord bearing of N 11'56'04" E, thence N Z2047'58" 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-7. line of U.S. Highway 19, N 89054'49" E, X22.19 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 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 00019121" 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, contai ni ng 99. 133 acres, more or 1 ess. 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. FIRST AMENDED AND 'RESTATED ANNEXATIO14 AGREEMENT THIS FIRST AMENDED AND RESTATED ANNEXATION AGREEMENT is made this q? day of September, 1983, among the CITY OF CLEARWATER, FLORIDA ("City"), MDC ASSOCIATES 81-A, LTD., a Georgia limited partnership, METRO DEVELOPMENT CORPORATION, a Georgia corpora- Lion, OR ASSIGNS (."Developer"). V1 I T N E S S E T H: WHEREAS, Sidney Colen ("Colen") owns the real property described on Attachment 1. attached hereto ("the Annex Property") and the real property described on Attachment 2. attached hereto (which real property together with the Annex Property is some- tires hereinafter collectively referred to as the "Project Property") which he has agreed under certain circumstances to convey to Developer; and WHEREAS, Developer wishes for the Annex Property to be annexed into the City provided that the City agrees to.certain conditions.relative to the Project Property; and WHEREAS, the City wishes to annex the Annex Property to be annexed into the City provided that the Developer agrees to certain conditions relative to the Project Property; and WHEREAS, Colen has heretofore filed with the City a Petition for Annexation and Zoning and an Application to Amend Land Use Plan relative to the Annex Property; and WHEREAS, on August 13, 1982, the City and Developer entered into an Annexation Agreement whereby the Project Property may be annexed into the City, which Annexation Agreement is recorded in O.R. Book 5397, pages 2022 through 2031, inclusive, of the Public Records of Pinellas County, Florida; and WHEREAS, on July 16, 1982, the Developer `sled an A;ppl1ca- t on f or De ve i opmen _ Approval c a h.e- v e I op^°^ -? •_ "?r.." w Ito the Ci _v and other appropr 1 ate ..a=^c 1 an.. WHEREAS, on October 11, 1982, the Developer filed with the City an Amendment to the Application for Development Approval and submitted copies of the Amendment to all appropriate agencies; and WHEREAS, the Developer has made substantial changes to the original Conceptual Development Plan (the "Plan"), attached as Exhibit C to. the Annexation Agreement; and WHEREAS, the City and Developer have agreed to other changes in the Annexation Agreement; and WHEREAS, the parties wish to amend the Annexation Agreement relative to the Project Property; NOW, THEREFORE, in consideration of the nutual promises herein contained, the parties amend and restate the Annexation Agreement in its entirety as follows: 1. Recitals. The foregoing recitals.are true and correct. 2. Annexation. Simultaneously with the approval of this Agreement by the City, the City shall conclude annexation of the Annex Property. 3. Conceptual Development Plan. Immediately following the effectuation of the annexation of the Annexed Property, the City shall issue its Development Order relative to the Project Property. The Conceptual Development Plan attached to the Development order as Exhibit "D" shows the general parameters for development of the Project Property. Any development of the Project Property by Developer shall be in substantial compliance with these parameters. All site and engineering plans, building plans, DR! Studies, or amendments or addenda thereto, or other siniIar documents or applications relative thereto, that are submitted by Developer to the City and are consistent with the 0 r 0 D 0 s e d d e v e 1 o^,:.e„ _ _ .v'.Yn on he P any as are :37si stem, V1i,.h _ne Y_l °_xpeditiousIV processed by the „i 4. Parkland Dedication. The City's parkland dedication requirement shall be satisfied in full upon the payment by,the Developer to an independent trustee designated by the City of the sum of $600,000.00, such payment to be made within five (5) days following the effective date of the Development Order. This sum shall be invested in an interest bearing account as directed by the City.with'the interest to accrue to the benefit of the City. The developer shall exercise its-best efforts for a period of twelve (12) months from the effective date of the Development Order, to locate and acquire, upon terms mutually acceptable to the Developer and the City, a recreational facility acceptable to the City in the City's sole discretion. In the event that Developer is successful in contracting for the acquisition of such 'a facility, then the City shall authorize the trustee to disburse so much of the funds held by it as may be necessary to close the acquisition contracted for by the Developer for Ir conveyance to the City. The balance of the funds held by the trustee, if any, shall be paid over to the City. The City may, in its sole discretion, choose to assume any mortgages that may encumber such a facility, or contribute toward the purchase price of such a facility, or both. At any time prior to the Developer contracting for acquisi- tion of such a facility upon written notification by the City to the Developer and the trustee, the trustee shall promptly pay over to the City the funds, including interest, held by it. Upon the earlier of (i) twelve (12) months from the effective date of the Development Order, (ii) the consummation of the acquisition of such a facility or (iii) the payment to the City of the funds held by the trustee, the Developer shall be relieved of any further obligation under this paragraph. In the event that the Developer is not successful in contracting for the acquisition of an acceptable recreation facility within. 12 months, the sum of $600,000 plus interest shall be paid over by the Trustee to the City. Prior to approval of the preliminary site plans for Phases II and III of Park Place, the City shall prepare a report describing the recreation lands and facilities or open space lands which have been acquired with the funds provided by the Developer, as well as any unex- pended balance of the funds or interest that has accrued. In consideration of transportation needs in the Project area, the City Commission may elect to use any unexpended parkland monies to-support improvements to the transportation system provided that a minimum of S240,000 (which equates to four (4) percent of the purchase price of the Project Property) be expended for public parkland/open space purposes. 5. Land Use Designation and Zoning. Upon annexation of the Annex Property into the City, the Land Use Plan designation and Zoning Atlas category for each phase thereof shall be as set forth in the annexation, land use plan and zoning ordinances respectively. The portion of the Project Property already within the City's limits shall continue with the same Land Use Plan designation and Zoning Atlas category as in effect on July 15, 1982. Nothing herein shall preclude the subsequent amendment of the Land Use Plan or Zoning Atlas categories or the applicable requirements thereunder, except that development shall be entitled to proceed in accordance and consistent with the specific authorization of the Development Order and the City Code of Ordinances in effect at the time of application for final site plan approval. 6. Utilities Service. According ?o ev.l C s urn c_2c scheCUie 'or the _roooset. aevelopmen dVe`"aCc de ?cw2 service requlrem er-?s, by Phase and cuinula-.lvely, will be as follows: PHASE RETAIL (MGD) OFFICE (PtGD) TOTAL (MGD) I .023 .037 .060 II 0 .024 .024 III 0 .022 .022 TOTAL .023 .083 .106 Because of the magnitude of the proposed development and the length of the term over which it will be in process, City and Developer recognize the need for maximum certainty regarding the availability of sewer service for the proposed development. The City at its cost shall provide sewer service along U.S. Highway 19, Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue adequate and available for use to serve the Project Property. (b) later. Water service is available to the Project Property from water lines along U.S. Highway 19, Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue. The projections of average daily water demand, by Phase and cumulatively, based.on the Developer's proposed phasing schedule for the project are as follows: PHASE RETAIL (MGD) OFFICE (MGD) TOTAL (MGD) I .023 .037 .060 II 0 .024 .024 III 0 .022 .022 TOTAL .023 .083 .106 The sizes of the water lines presently in place are sufficient to service the above described estimated water needs of the proposed project. (c) Natural Gas. The City shall at its expense install a natural gas distribution system serving the Project Property where such installation expense can be recovered within a reasonable time based upon projected revenues to be generated by such system. Where gas mains are not located within dedicated rights-of-way or easements, easements shall be provided by Devel oD°_r I c s a i G' ma I ns a _ no -x. pence _o C I Lti . 7. Roads and Si-gns. If Developer constructs roads on the Project Property in general conformance with the design shown on Exhibit "D" of the Development Order and in locations and to specifications acceptable to the City, then City shall accept any such road dedicated by Developer to the public or the City. Developer agrees that if such roads are dedicated, it will agree to maintain all median areas and shall provide reasonable liability insurance to City with respect to such medians. City recognizes the unique nature of the proposed development and agrees that business identification signs otherwise consistent with City sign regulations.and subject to site plan review requirements, including sign size, design, and location, may be placed and maintained within publicly dedicated right-of-way so long.as no danger to vehicular or pedestrian traffic is imposed thereby . 8. Access Easement. Upon annexation of the Annex Property, the -City shall by separate instrument reasonably satisfactory to Developer, grant to Developer, its successors, assigns, guests and invitees, a right-of-:gay easement in a location and of a design reasonably acceptable to City for ingress, egress, and utilities over and under the real property described on Attachment 3. attached hereto. The term of such easement shall be the maximum permitted by law. The relocation and adjustment of existing facilities within said easement shall be at Developer's expense. 9. Access to Out Parcels. The City agrees not to prevent the right of ingress and egress to the out parcels fronting on State Road 60 provided that a maximum of two. (2) points of ingress and egress to State Road 60 shall be permitted east of the main project entryway and a maximum of two (2) points of ingress and err _s_ .. St..,.z oad shall J G 'rl=s? c the lai n D, ojeC r =_n-,_7 -_y. 10. Development of Regional- Impact. Developmnent of the Project Property constitutes a DRI as defined in Florida Statutes, Chapter 380. The City agrees that compliance by the Developer with the provisions of Chapter 380 is in addition to and complimentary to the initial Community Impact Statement ("CIS") prepared for the Project Property by the Developer. The DRI process,.const-ituting a more comprehensive and complete evaluation of project impacts, supplants and supersedes the CIS wherever the two may be inconsistent and precludes the necessity of submitting any additional CIS for each phase or tract of the project. 11. Renedies. The parties recognize that damages for a breach by either party of the terms of this Agreement or the Development Order may be difficult or impossible to ascertain. The parties further recognize that there may be no adequate remedy at law for any such breach. Accordingly, the parties agree that either mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary and permanent) is an appropriate remedy in the event of breach, whether actual or anticipatory, of this Agreement or the Development Order. In the event of any litigation arising out of this Agreenent or the Development Order, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees. 12. Effective Date and Term. This Agreement shall be effective upon its execution by the City and the Developer. This Agreement shall be in effect for twenty (20) years following the effective date of the Development Order. 13. Binding Agreement. This Agreement shall be binding on and inure to the benefit of the parties and their respective SUC--e.,50 5 ?= ;^iC ?S?1 '1 1-1- S i 1 Ind WITNESS WHEREOF, the pa.rties hereto have caused this Agreement to be executed the day and year first above written. CITY F CLEARWATER, F 1 IDA Atte t: By: ?L? i t? C-1 erc i ty IarTager Counter- s.ianature 46-yor-Commissioner Approved as to__form and correctness. , ey ty ,.torn i "CITY" Witnesses: MDC ASSOCIATES 81-A. LTD., a Georgia limited partnership C.-_ B y y.. General Partner "DEVELOPER" RE31.27 ?:GP.TH P t RCEL DESCRIPTION: Begin at the northwest corner of the N.E. 1/4 of the N.W. 1/4 of section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S. 89°-56'-11" E., 1312.06 feet; along the north boundarv of said N.E. 1/4 of the N.W. 1/4 of Section 17, to a point on the ?,:est right-of-way line of Hampton road - County Road No. 144; thence S. 00°-1°.'-21" E., !333.85 -eep, along said •4est right-o_`-way line to a point on the south boundarv of the N.E. 1/4 of the N.W. 1/4 of said Section 17; thence S. 89°-54'-49" W., 1328.31 feet, alcng the soutz boundarv of the N.E. 1/4 of the N.W. 1/4 c. sa.c Section _!; t.^.ence N. 00°-22'-28" E., 1337..? feet, along the west boundary of cn° N._. 1! 4 of the N.W. 1/4 0= said Secti cn 1i , -Z?.. Z::a ?o_..- o= ac=es, more cr =s. SOUTH ?:.RCEL DE'SCRIP` 10N Cor,ence at the southeast corner of the N.47. 1/4 of Section 17, Townsh in 29 South, Range 16 East, Pinellas County, Florida and go N. 006-19'-21- W. , 330. 00 feet; along the east boundary of said N.W. 1/4; thence S. 89°-46'-41" W., 33.00 feet, to a point on the west right-of-way line cf Hampton Road-County Road No. 144 for a. Point. of Beginning; thence S. 89°-46'-O1" W., 1998.14 feet, along a line 330.00 feet north of and parallel to the south boundary of said N.W. 1/4 of Section 17; thence N. 01°-04'-04" E., 229.92 feet; thence S. 89°-46'-O1" W., 198.43 feet; thence N. 00°-52'-21" E., 554.70 feet; thence S. 89°-84'-49" W., 174.94 feet; thence N. 00°-53'-42" E., 125.02 feet, to a point on the north boundary of the S.W. 1/4 of the N.W. 1/4 of said Section 17; thence N. 89°-54'-49" E., 2349.30 feet, along the north boundaries of the S.W. 1/4 and S.E. 1/4 of said N.W. 1/4 of Section 17, to a point on the west right-of-way line of Hampton Road-County Road No. 144; thence S. 00 -19'-21" E., 1003.86 feet, along said west right-of-way line, to the Point of Beginning. Containing 49.496 acres, more or less. the N.i•:. 1/4 of Section 17, Commence at the sou t:^,east corner c' Township 29 Soup:^., Range 16 last, Pinellas County, Florida and go S. 89°-46'-O1" W., 660.00 feet, along the south boundary of said N.W. 1/4 (centerline of Gulf-to-Bay Boulevard - State Road No. 60)- thence N. 00°-19'-2l" W - , 50.00 feet, to a point on the of r for a Point Of north right-of-wav line o? Gulf-to-Bay Boulevard; ^ foil- i said north r_cht-o`-way line, S. Bec_:'.nin5; .hence, i_ `, ? e n c 00°-13'-59" iti. , 10.00 =get; 9°-., X5.4° feet, e t 46'-01" ia - thence. S. 89°-46'-01" W., 1319.21 leet; thence, leaving said north°ri cht-of-wav_ line, ;1. 01°-04' -04" E . , 270.07 feet; hence ` J N. 89 -4c'-01" 137_.133 fee`, along a_.ne 330 .0 0 feet north c= the ^ south bou. dary o.f sa. d N.?;/4 c` and oarai e_ tc, P the - Sect,on the^ce S. 00 °-_91 -2 250.0 fee t. -4 o -• . ^c 6 . `7 - 1 acres, more cr less 1.1 v of 3ec_... . .. _ This 1s the City well site property fronting on U.'S. ?i5hwav 19 service road north: o" state Road 60. An accurate 1ega1 oescrlotlon mutually acceptable to City and Deve_coer shall be prepared and substituted fer this Attachment 3. '_ rte'"'- .:?.^ m EXHIBIT "C" APPLICATION FOR DEVELOPMENT APPROVAL AS AMENDED, AND TRAFFIC SUPPLEMENT EXHIBIT "D" CONCEPTUAL MASTER PLAN FOR PARK PLACE C.)`,ZFPTLIAL PLAN AND IS NO "O L UFE1.) FOR CONSTRUCTION. 2. L .CA'(10.. BUILDINC;S ARE SUBJECT' .. •?_?,;.. _:`/y it , % - _ `- / "REEL aE0 PARKING AND BUS SERVICE PROG;..0.lS ',Y:LL. LIE FI:TH-cR DELINEATED ;? ' cr, ,' . ?? y.? '• ,? '11\ - II ,'ns, a'rr.-><'? '? AS'T..`..',t. PLANS ARE PREPARED. FHI.cr.S PEEP. THE A.G. .! PHASES ARE SU(?J_:T TO CHANGE.. % J ? - 'nos. :iCY.•uul:grccl •'J' ?`? '- -'?_._ %?-;?' AoPFUiIUAT_ lG_,., i Of.bJ3 O)7 w AREA r_[ nt}?nCS'r ___? 7 1 011 ..? ._ ?? .... w. _ ... '? '' 'OUT, PAACEL.i '.'Gmf 10 9- 80VL"&iD 0111 :11AAM CONCEPTUAL MASTER PLAN P no [? i 17 f h@@ i II o Metro Development Corporation post,euCkley, Schuh S Jernioan,;.n=. E):':16I , "E" .•:-dents, o Be Wholly Or Partially Financed by Park Place TOTAL (T) OR P;IASE ?R0VE1.1EN PARTIAL (P) FUNID N' ?.R. 6_; '._..l Dr; rE: turn T anes rz`: :unal, project bra` final , u1 f-to-c3 ay T i =:ul -`C-t?cv at HamptC' urn an! 5 i I Extend aid widen Drew Street, P U.S. 19 to McMullen-Booth Road as provided in subsection 4.F.1.b. II U.S. 19/S.R. 60, P subsection 4.F.2. improvements II U.S. 19/Belleair Road, P subsection 4.F.3., improvements II Belcher, Sunset Point Road, P subsection 4.G.2. improvements iII Widen Hampton, from S.R. 60 T to Drew I i I Traffic signal, Drew and T Hampton iII Belcher Road at S.R. 60, P subsection 4.G.3. improvements III U.S. 19/Belleair Road, P subsection 4.G.i., improvements Amount of Park: Place Contribution, By Phase: PHASE I = 5247,383 PHASE II = 222,451 PHASE III = 160,942 7- ;?us interests I , (EXHIBIT A-,N ORDINANCE NO. 3205-83 VIA AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RE DER G A UEYELOPMENT ORDER PURSUANT TO CHAPTER 380, FLORIDA STATUTES, ON AN APPLICATION FOR DEVELOPMENT APPROVAL FILED BY 1.1ETR0 OEYELOPMENT CORPORATION FOR PARK PLACE, A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FINDINGS OF FACT; PROVIDING CONCLUSIONS OF LAW; ENUMERATING THE CONDITIONS OF THE DEVELOPMENT ORDER; PROVIDING FOR ADMINISTRATION OF THE DEVELOPMENT ORDER; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDI14ANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE OATE OF THIS ORDINANCE. WHEREAS, on July 16, 1982, Metro Development Corporation ("Developer") filed an Application for Development Approval of a Development of Regional Impact ("DRI") with the City of Clearwater ("City"), the Tampa Bay Regional Planning Council ("TBRPC"), the Florida Department of Community Affairs ("DCA") and other state, regional- and local agencies; pursuant to the provisions of Section. \ 380.06, Florida Statutes (1981); and WHEREAS, on October 11, 1982, the Developer filed with the City an Amendment to the Application for Development Approval and submitted copies of the Amendment to all appropriate agencies; and tlHEREAS, the Application for Developrient approval, as amended ("ADA"), proposes the development of Park Place, a 99 acre planned retail and office complex in the City of Clearwater near the intersection of U.S. highway 19 and State Road 60 (herein sometimes referred to as "Park Place" or "Project"); and WHEREAS, the City Commission, as the governing body of the local government having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider applications for development approval for developments of regional impact; and WHEREAS, the public notice requirements of Section 80.06, Florida Statues, have been coiaplied with; and WHEREAS, the City. Commission has received and considered the report and recommendation of the TBRPC; and - 1 - WHEREAS, the City Commission has on August 13, 1933, held a duly noticed public hearing on the ADA and has heard and considered testimony and documents received thereon; and WHEREAS, this Development Order, when adopted will constitute a land development regulation applicable to the property; and WHEREAS, the Local Government- Comprehensive Planning Act ("LGCPA") requires that all development regulations and amendments thereto related to an adopted comprehensive pl an or el ement there.of be revi ewed by the Local Planning Agency ("LPA") for conformance with plans adopted pursuant to the LGCPA; and WHEREAS, the Pinellas County Planning Council (PCPC) has been designated the Local Planning Agency for Pinellas County and the PCPC has adopted guidelines with reference to such required referral process; and WHEREAS, this Ordinance has been referred to and will be duly considered by the PCPC under said process; and WHEREAS , the City Commission has reviewed and considered the above referenced documents, as well as all related testimony and evidence submitted by each party and members of the general public, now, therefore, Inc. BE IT ORDAINED BY THE CITY COMMISSIOPj OF THE CITY OF CLEAR;dATER, FLORIDA: Section 1. Introduction - That this Ordinance shall constitute the Development Order ("this Order") of the City Commission issued in response to the ADA filed by the Developer for development of Paris Place, a development of regional impact. The scope of development to be permitted pursuant to this Order shall be as hereinafter set forth. 6 6 -2- Section 2. Findings of Fact - That the City i Commission, having received the above-referenced documents, and having received all related comments, testimony and eviaence submitted by each party and members of the general public, finds there is substantial competent evidence to support the following findings of fact: A. The Developer proposes the development of Park Place, a 99-acre retail and office complex in the City near the intersection of U.S. Highway 19 and State Road 60. B. The real property which is the subject of the ADA (the "real property") is legally described as set forth in Exhibit "A", attached hereto and by reference made a part hereof. C. A major portion of the real property was the subject of a request for annexation to the City according to the terms and conditions of an Annexation Agreement approved at public hearing on July 15, 1982, and recorded in O.R. Book 5397, pages 2022 through 2031, inclusive, of the Public Records of Pinellas County, Florida. Said Annexation Agreement is amended and restated in its entirety in the First Amended and Restated Annexation Agreement, as set forth in Exhibit "B", attached hereto and by reference made a part hereof. Said annexation and First Amended and Restated Annexation Agreement are effective immediately prior to the adoption by the City of this Order. 0. The City Commission in approving the Developer's original Annexation Agreement on July 15, 1982, imposed the following conditions on Park Place, which will be satisfied in the process of site plan approval consistent with this Order: -3- I. The following maximum floor area ratios ("FAR") be established: (a) Maximum FAR of .25 for retail commercial use. (b) Maximum FAR of .30 for low-rise office use. (c) Maximum FAR of .40 for mid-rise office use. 2. Conveyance by deed(s) for the following additional rights-of-way: (a)• Along the southern boundary of the Project fronting on State Road 60, ten (10) feet of right-of-way, as may be required to establish a full sixty (60) foot one-half right-of -way. 1 (b) Along the northern boundary of the Project fronting on Drew Street, fifty (50) feet of right-of-way, to establish a full fifty (50) foot one- half right-of-way. E. The Developer submitted to the City an ADA, supplemental documentation on traffic systems management ("TSM") and a sufficiency response, which are attached hereto as composite Exhibit "C", and by reference made a part hereof. F. This Project will yield positive economic impacts to the City and Pinellas County, in the form of construction expenditures, (approximately $41.1 million), employment opportunities, (approximately 4,000 permanent jobs) and ad valorem taxes, (approximately $1.3 million annually). G. This Project will yield Anegative impacts on the existing road system established and maintained by the City, Pinellas County and the State of Florida; which road system does not at present operate in all cases-at a desirable level of service ("LOS"). 6 6 -4- ?r Dacm Pty. LmegxnElff Z. 8. au PA66 Z. 11 existing road system notwithstanding, t following intersections are projected to hav the respective LOS at peak hour traffic in 1 9 as noted below: 1. U.S. 19/Sunset Point oad - LOS F 2. U.S. 19/N.E. Co hman Rd. - LOS F 3. U.S. 19/Dr St. - LOS F 4. U.S. / S . R . 60 - LOS E 5. S. 19/Belleair Rd. - LOS E improvements suggested by the TBRPC incl des a grade-separated intersection at U.S. 9/0rew Street, the City finds that neit r the City nor the Developer, individually in combination, has the jurisdiction or finan ial capability to commit to the funding of a g de-separated intersection at U.S. Highway 19 a Drew Street. The City finds it can and will c mmit to make every effort to mitigate t e Project's impact on the U.S. 1910re, Street ntersection and to encourage the expedi- ti s scheduling and construction of this improve- City, Pinellas County and the to of Florida, respectively for th lowing transportation system im vements located within the vicinity of aw.8 . -4. the U.S. 19/SR 580 and U.S. 19/Co yside Icurrent1 ulevard intersection This improvement is grammed in the Pinellas County .__--1 • w Ol . nn. nn !1?w n n i + ? ? i .. n ( nu^nu ? • -5- construction scheduled to in 1986-87, consistent needs identified as a result of at the U.S. 19/P,oosevelt Boulevard in sec- tion. This improvement is curr ly programmed in the Pinellas County 14P _ ransportation Improvement Progra , with construction scheduled to tart in 1985-86, consistent with needs ' entified as a result of Phase I '-he roc phasing and lane assignments at the U 19/0rew Street intersection. is improvement is to be accommodated h i n the 1983/84 work program of the affic Engineering Department of the y, consistent with needs identified - -_ ...1 . -,C nt„ , n T &_ , r.. a. - A n east to McMullen-Booth Road. This i rovement is currently programmed in t. inellas County MPO Transportation Im vement Program with construction s- eduled to start in 1983-84, consis` t with needs identified as a result of Booth Road from S.R. 60 to Sunset Poi Road. This improvement is currently ogrammed in the Pinellas County MPO Tr sportation improvement Program, with struction scheduled to start in 198 consistent with needs identified as .. .?rrl t nC Ot?pGO 1 T T n r+ r -6- 60 from U.S. 19 to McMullen-Booth R This improvement is currently rammed in the Florida Oepartme f Transportation ("FOOT") Five Ye ork Program with construction Point Road from Keene Road-to U.S This improvement is currently grammed in the Pinellas County Transportation Improvements Program h construction scheduled to start in 96 87. i - _ -__ Belcher Road and Edenville Road wi con- struction scheduled to st in 1983-84, consistent with _ s identified in the City's Thoroua re Plan to provide parallel reliever a forty (40) foot right-of-way easement al the U.S. Highway 19 corridor in connecti with annexation, site plan and subd' ision plat approval, the purpose of. uch additional right- of-way being to as re the availability of the necessary ri t-of-way for ultimate improvement of the U . Highway 19 corridor consistent with the f The Project development is not located in an area of critical state conce rn as designated pursuant to Section 380 .05, Florida Statutes (1981). The Project will not un reasonably interfere with the achieve ment of the objectives of any adopted state land development plan(s) applicable to the area. -7- P.. 11 "Ads • subsection 4. E. above shall be placed i trust fund administered by the City for t benefit of its citizens and the Develope to provide solely for the following trans rtation system improve- ments, committed reby to be constructed by the City unless nstructed b.y another government entit onsistent with the phasing of Park Place as Drive 11 intersecti construct two eastb to northbound appropriate, traff' signals at the south pr ect entrance and S.R. and at Hampton Road at lane on S.R. 60 approach an an additional through lane n each direction on S.R. 6 at the S.R. 60Zinterseection tersection, with thto continue to thor some lon accordance e T 11 r o (a gA_ ,4 four-lane divided link through lanes and turn es as are appropr' e) between U.S. 19 and -13- 1 additional traffic signals in he project area at Drew Stre and the north project entr nce, Drew Street and Hampto oad, the two south project trances and State Road 60, a State Road 60 and Hampto Road; in phases as is app opriate but in their entirety two-lane divided link (2 trough lanes with turning nes as appropriate) fr m State Road 60 to Drew Stre in phases related to poin of access on Hampton Road, .. ` _ Phase T T improvements identified above prior to comple on of the phase to which they relate; except hat the City commits that the improvements id tified under,.- subsection 4.F.1.(a) will be let f r bid no later than twelve (12) months from t e effective date of this Order with a schedule construction completion date no later than twe. y-four (24) months from the effective date of is Order. The City's agreement to the timely i ttiation and completion of those projects id ntified in subsections 4.F.1. through 3. abov is subject only to the requisite au thori- zat' n of the governing jurisdiction and any other a , city's -14- ADD Neu1 gsaro?.J 4. 6. ON P46t5 7, 8 mjO 9 or- uL-:W cat,rJIAWCzC the sum( s) c by the Developer for the road improvements out ned under Section 4.the needs of the publ c transportation system and the fundin constraints of the State and Pinellas County the City agrees to assist in the furtherance f other necessary transportation system i rovements consistent with jurisdictional auth city and available funding to achieve ample ntation of the following, according to the pri rities, correlation between improvements and t' ing determined most advantageous and 1 '7 1n r' r-; T 1. c?c- c T t Q var in? Pir?52 a ?n41 a n?70j'313 'r3r bi+e'? e . Q-4 easements at time of annex ion, site plan, subdivision at or other relevant app vals, for thoroughfare ystem improvements, consistent with applicable State, Coun , and City roadway design ., 2 2 +- ??-a---T T o r ?q i y .a bT a T ;? t? , -l?rser^ ^ , rt. -.-° - t t 1 8 2 -CL- right turn lanes into combin ion through and right turn la es on U.S. 19 at the inters ti on with Northeast Coach:- Road, wi th the new through la s on U.S. 19 to continue to the next intersection, or some ogical terminus in acc dance with proper design • -1? Vift es on U.S. 19, and convert the existing exclusive right rn lanes into combination through and right turn lanes on Sunset Point Road at the U.S. 19/Sunset Point Road intersec ion, with the new through 1 es to be continued to the ne intersection or some logi al terminus in accordance lane on both U.S. 19 approaches t the U.S. 19/northeast Coachman Road intersection. On the eastbound Northeast Coachma approach, add a through 1 ne and convert the exclusive right turn lane into a combinIro" through and right turn lann the westbound Plortheas achman a pproach, one exi ting exclusive left turn lane ill be deleted, and the excl u i-ve rf ght turn 1 ane will be converted to a combination through an right turn lane. The addition 1 through lanes on Northe st Coachman Road shall Conti ue to the next intersection or ome logical terminus in a cordance with proper design 1 -16- e left turn lane in t astbound and west direction at the n. 'LL r- -I M=Mft • ( ` a bni southbound excl ve right turn lane at a U.S. 19/Belleair Road ( a _ nd to northbound exclusive left turn at the Belcher Road/Sunset Point Road intersection. Const uct a through lane on the no thbound Belcher Road approac and-on the eastbound Sunset Po nt Road approach. Conver the existing exclusive right turn lanes into a combination v rough and right turn lane on bot Sunset Point Road approaches and on the southbound Belcher oad approach. The through lanes hall continue to the next inte section or some logical terI i nus in accordance with proper ,I e--- r,?;Irt-ica 3 •? T a,? at, ?? a' n F ti T T T a, t a ( 1 rnnetr,rt ;g=,ade sApArated interchan t the U.S. 19/Sunset interchange at `.e U.S. 19/ Northe Coachman Road I% - lanes into a combination th ugh and right turn lane in ch direction at the U. . 19/Belleair Road intersecti , with the through l an to continue to the next int rsection or some logical term' us in accordance with proper lanes on all approaches ex ept for - the eastbound Sunset Pont Road approach,.and constr t additional through lanes in ch- direction on Sunset Point R d at the Belcher Road/Sunset oint intersection, ith th h h l ti w roug anes to con nue e to the next intersection or sone to 'cal terminus in accordance (??? PV rC ? r ,SC?? ? T- Q?? F! ?T7 O 1 ? OTITO StV? lane and additional exclus' a left and right turn lanes o all approaches, with a through lanes to be con inued to the next intersectio or some logical terminu in accordance with proper desi n practice at the Belcher ( f-,?---r--'is1 5 4-4 6: a-A 2 1 S fir i tt * « 11 r n lane on the westbound S et Point Road approach at .e Sunset Point Road/Old r achman Road inter- -i3_ report prepared by the Developer and on the criteria and procedure set forth in sub ction S-C. of this Order, the.City reserves th right to Wo determine whether preliminary s' a plan approval for subsequent phases of P Place shall be approved, withheld or layed provided however, that if the stand d established in subsection S.C.Xbetitled Order is met, then the Developer shalto proceed with the next phase of the ording to the otherwise applicable H. The City further agrees to-the following: 1. In the interest of recognizing the commitments toward road improvements made by the Developer and to provide for the treatment of other developments in a comparable fashion, the City will review and evaluate potential appropriate legislation dealing with local transportation impact fees; 2. The City will cooperate with and expedite, where possible, the design of all FOOT improvements which are necessitated in part by Park Place, in particular the U.S. 19/Drew Street grade-separated interchange; 3. The City will support as a high priority the early scheduling and construction of a grade-separated U.S. 19/Drew Street interchange; and 4. The City will review and recommend as is appropriate the redesignation of the U.S. 19/S.R..60 area, including Park Place, as a regional activity center under the T3RPC Regional Plan. -19- I. The developer shall, during construction of Phase I of the Project, Prepare a Transportation System Management (TSM) Plan, which shall be submitted for approval coincident with the submittal of the preliminary site plan for Phase II of Park Place. The TSM Plan shall be submitted to the City, the TBRPC, the Pinellas County MPO, FDOT and the Pinellas Suncoast Transit Authority, as appro- priate. The plan of TSM measures as approved by the City shall be instituted during Phase II of the Project and implemented for the duration of the - life of the Project, according to the following: 1. Assure implementation, by a responsible entity, of Park Place worker flex time of sufficient magnitude to divert 11.9 percent of total peak hour vehicle trips' projected in the ADA away from the peak hour traffic. Pleasures to achieve this diversion may include transit incentives and/or lease agreement stipulations, and others as appropriate. 2. Assure implementation, by a responsible entity, of a TSM program of Park Place worker ride- sharing, of sufficient magnitude to divert 2.8 percent of total peak hour vehicle trips projected in the ADA away from the peak hour traffic. Incentive measures to achieve this diversion nay include preferential parking, and/or coordinating service, as appropriate. 3. Assure implementation of a bus incentive program in cooperation with the Pinellas Suncoast Transit Authority that will result in provision of sufficient transit service facilities and ridership to assure a diversion of 5.5 percent of total peak hour vehicle trips -20- E as projected in the AOA away from the peak hour -, traffic. Measures to achieve this diversion may t include adequate headways, bus stops and shelters, employee bus passes, and developer subsidies, as appropriate. 4. Assure implementation of express bus service of sufficient magnitude to effect a diversion of 1.8 percent of the total peak hour vehicle trips away from the peak traffic hour, pro- vided, however, implementation of express bus shall not be required until final site i ce serv plan approval is requested for the initial portion of Phase III of- Park Place. Measures to achieve this diversion shall include adequate headways, bus stops and shelters, employee bus passes, developer subsidies of park and ride lots and capital improvements, as appropriate. Actual experience in implementation of the TS111 Plan may indicate that the individual rates of reduction vary from those described above. Any - such variances shall be considered consistent with this Order, provided that the overall cumulative reduction in vehicle trips is at least 20.3 percent by the end of Phase II and 22,3 percent in Phase III. 6. Monitoring of the effectiveness of TSM programs shall be conducted biennially starting with submission of a report concurrent with the ; first annual report following preliminary site plan approval for Phase It. The monitoring methodology shall be based on generally ?.Q 4r accepted traffic engineering practice reason- t W 14-'t& At'a mcw-4daloVA t,4 itA_ 0A. ON avid Wn5""Icn ably acceptable to the city. If monitoring PA 6C q indicates that target reduction levels are not -21- being achieved, the City may withold authoriza- tion of final site plan approvals requested subsequent.'to submission of the TSH report for Phase II and preliminary or final site plan approval for Phase III, until acceptable mitigation methods are implemented. The City has the right at its expense to require verification from a source other than Developer's consultant, of methods as may be appropriate to assure that an accurate representation of TSM effectiveness has been submitted and may hold a public hearing consistent with the provisions of subsection S.C. of this Order prior to final site plan approvals requested subsequent to submission of the TSM report for Phase II or prior to preliminary site plan approval for Phase III to evaluate the TSM Plan and performance thereunder. J. The Developer shall be responsible for all improve- ments made on the Park Place site, and for con- struction and maintenance of all open space, drainage retention, street medians, street lighting (including the cost of supplying electricity thereto), and access drives and roadways to and through the Project, including access drives across designated land or easements yet to be acquired. The Developer shall be responsible for proper maintenance of all on-site development approved consistent with the Conceptual Plan included as Exhibit "0". The foregoing, however, shall not _2'- preclude the Developer from offering, and the City from accepting, dedication of any street proposed to be a public street, in which case the City will assume responsibility for maintaining said public street consistent with the provisions set forth in Exhibit "B". K. Wetlands on the site, designated as Aquatic Lands (AL) by the City and as identified in the ADA, shall remain undisturbed by development activities, except as approved by the City consistent with provisions of the AL zoning district and City drainage and retention policies. L. The following measures to control water quality and erosion referenced in the ADA, shall be implemented to the satisfaction of the City consistent'with established policy including controlled phasing so that large areas are not left exposed for long periods of time, minimal grading, maximum use of existing vegetation, seeding, mulching, sodding and safe disposal of runoff. .i. The Developer shaii institute a program to be developed in'conjuction with the City to monitor the on-site water quality in the project drainage system, so that a determination by the City of this project's - impact on nearby receiving waters can be made and adjusted as may be required. 11.. Paved parking surfaces shall be cleaned/vacuumed periodically as part of a water quality maintenance program designed to be consistent with the Source Control Practice section (page 6-10) of the TBRPC approved Stormwater and Lake Systems Maintenance and Design Guidelines. The entity responsible for implementation shall be subject to reasonable approval by the City. -23- p. All drainage plans shall be prepared in accordance with the TBRPC approved Stormwater and Lake 'Systems Maintenance and Design Guidelines and shall be submi tted to the CI ty and the TBRPC for revi ew prior to any final site plan approval. A11 drainage plans will be subject to City approval consistent with City requirements therefor at time of final site plan approval. P. The final drainage system shall include the following recommendations of the Florida Game and Fresh Water Fish Commission: 1. A stormwater management system with shallow detention ponds with wide, gently sloping littoral zones (IY:6H vertical:horizontal minimum; 2. Revegetation of constructed littoral zones with native wetland species; 3. Routing stormwater, whenever practical, via open vegetated swales as opposed to pipes and .culverts. Q. Bicycle and pedestrian pathways shall be incorporated into the development as measures to" decrease vehicular pollution/emissions, as referenced in the ADA, and shall be a condition of approval of site plans within Park Place. R. Appropriate corrective measures shall be taken to mitigate soil limitations and additional soils testing as is required to accommodate final building construction design as required by the City. -24- S. The Developer shall phase construction so that trees with active osprey nests shall remain in place through the,-nesting season. If an active nest is removed, with approval of the Florida Game and Fresh Water Fish Commission, it shall be replaced with a suitable nest stand. T. A capture-release program be established for any Gopher Tortoise, Florida Mouse and Eastern Indigo Snake observed on-site during construction, as referenced in the ADA. The release site shall be determined in cooperation with the Florida Game and Fresh n'ater Fish Commission. U. Any historical or archaeological resources dis- covered during construction will be reported to the Florida Division of Archives, History and Records Management and that the disposition of such resources be determined in cooperation with the Division of archives and the local government with jurisdiction, as referenced in the ADA. V. Site plans shall include provision for preservation and transplanting of as many tree clusters or in- dividual trees as is feasible and tree preservation measures shall be included as a consideration in site plan approval. W. The Developer shall encourage that energy conserva- tion measures such as building orientation and shading, overhangs, sun angles, and use of renew- able energy sources, be incorporated into the Park Place development. The extent to which cost- effective energy conservation measures are included shall be a consideration in site plan approval. X. The Developer, its successors or assigns, shall be the entity responsible for maintenance of on-site wells. 41 Y. The City alone, and where appropriate in conjunction with Pinellas County, shall provide fire, police, EMS, sewerage, refuse disposal, potable water, and other gene NJ government services to Park Place. tww T Akw Susarnom 4.1B. P&OG 9 oND- 10 Oh i.kw o2DwauCC-) Section- S. Administration- - That the following procedures. and requ.i reme.nt wi 11 apply?••t'o- the on-goi ng-- administration of this Development Order: A. The Developer shall submit an annual report on the DRI to the City, the TBRPC, the Southwest Florida Water Management District, and the State Land Planning Agency on the anniversary of the effective date of this Development Order for each following year until and including such time as all terms and conditions of this Order are satisfied or same has expired by its term, whichever is earlier. Such report shall be submitted for review by the PteK . - City Commission to insure compliance with the 5A. QvId TF?zx. terms and conditions of this Order. The Oeveloper? p4DES Mre+ shal l be notified of any City Commission .4 e_ -: IObw?) ll wherein such report is to be reviewed, provided, however, that receipt and review by the City Commission shall not be considered a substitute or a waiver of any terms or-conditions of the Development Order. Each report shall contain: .1. A description of all development activity conducted pursuant to this Order during the year immediately preceding the submission of the annual report; 2. A description of all development activities proposed to be conducted under the terms of this Order for the year immediately subsequent to the submission of the annual report; i -26- 3. A statement listing anticipated applications for development approvals or permits required pursuant to applicable regulations which the Developer proposes to submit during the year immediately following submittal of the annual report;- , 4. A statement setting forth the name(s) and address of any assignee or successor in interest to the Developer in its capacity as developer of Park Place or any portion thereof; and 5. A statement that all persons have received copies of the-annual report, as required under, Section 380.06(16), Florida Statutes (1981). It is the intent of this requirement that the submittal of the annual report shall be in addition to and not in lieu of any submittal requirements for an annual report as promulgated by the State -•?r: Land Planning Agency. 9. Further review pursuant to Chapter 380, Florida Statutes may be required if*a substantial deviation, as defined in Chapter 380, Florida Statutes, occurs. 'The Developer shall be given due notice of, and an opportunity to be heard at, any hearing to determine whether a proposed change to the development is a substantial deviation.' Substantial deviation may occur by failure to comply with the conditions of this Order, other than a failure by the City, failure to follow the plans and specifications submitted in the ADA and supplementary information, or by activities which are not commenced, other than by the City, until after the expiration of the period of effectiveness of this Order. -27- INSr?R? i J 5qVwnou S.C. oU puz 11 OF Ut1rL? orM tO WGE ,.. ' and III of Park Place shall comply wit e following provisions, which be instituted.in addition to the oth ise applicable procedures c.onta.ined the City Code.of Ordinances and this plans for Phases II and III-, the City shat 1,t'jE evaluate the status of improvements and commit- ?A6f?P+f ments to improve the transportation stem in 5 4 the project area. Said evaluation shall be (A) based on the road improvements o tlined in PAGE Exhibit "F", attached hereto nd by reference made a part hereof, which s mmarizes the findings and recommendat'ons of the TBRPC. Each transportation improve ent included in these findings and recomm dations has been assigned a point value equal to the percentage of peak hour traffic which s expected to be generated by Park Place. oints shall be granted, in the amounts j icated, for construction or commit- ments t fund improvements-consistent with the phasi g recommended by TBRPC. Exhibit "F" of th's Ordinance provides a detailed summary of - ^grau? e-r?ts aa-d-aint total sidered acceptable when construction or funding commitments generate a point to equal to seventy-five (75) percent o the total number of points for the correspo ding phase, provided however, that the tal possible number of points for any hase is inclusive of any carried-ov r for uncommitted projects not accom ished in prior phases. Additional points n a ! • P n o if too -23- p?Z?crt?? ?.B D?) Pecs Section 4. I .5., of this Ordinance, as determi ed by monitoring. reports provided by the Dev oper. Additional points for transit effectiv ess, if earned, wi.l 1 be added... at. the rate of five (5) points per one (1) percent increa in overall transit effectiveness. The addition of any points accruing from transit ffectiveness shall constitute a bonus and be dded only to the point score otherwise gr nted by a tally of transportation improv ments or commitments and shall not be refle ed in the sum of total possible points. For purposes of point calcula- tion, those p jects which have benefitted from a contri but on' by the Developer, as set forth in Exhibit shall be considered to be committed. Furth it is acknowledged that the list of pro 'ects included as Exhibit "F" shall be recommendations for transportation impact mitigation responsibilities in uch a manner as to increase the th eshold, which is currently set at five ) percent of road or intersection c acity based on peak hour LOS D, those 1 ations at which Park Place no longer c ntributes in excess of the adjusted t reshold and for which no funding com.it,ment has been made may be deleted rom the listing included as Exhibit "F", and the possible point total fo the phase indicated shall be reduced A , -29- is revised or amended subseque to the issuance of this Order, projects included in Exhibi F" may remain eligible for credit t rd the possible point total if a f ling commitment has been made to schedule set forth in subsection .2. above that the traffic impacts Park Place are acceptable, appro of the preliminary site plan sha a as otherwise provided by the City if the tr``; e y e-Re-n 1?s ,` a i l ;a me e v-- h e standards s'et forth in subsection 5-C-2- the - j?t2A6aDP? City shall hold a public hearing to c nsi der mitigation methods and conditions or the P?d(9E approval of subsequent phase( Prior notice of said public hearing sh be provided to the Oeveloper, his success rs or assigns, the State Land Planning Agen the ToRPC and the Metropolitan P1 nning Organization, all of whom shall have n opportunity to provide evidence. The Cit, Commission in making its evaluation at any uch public hearing shall consider the ( "rment 4 -1 the 'o4 r:4 n4 ty of the Z _ - , rt!nee fjot+iro -nrnVPrlo^tr, cc-hpAg1Pd and -30- respective State, County and City juris- dictions; (e) The extent and effectiveness of TSM measures implemented accord.in9 t the TSM Plan; - .. ma • _ ?. ? ? t ? - .. .... _:,.? . ??. - .. (f) The current applicable formal and criteria established by the TBRPC f r review of ORI's; - (g) Actual versus proje ed growth rates of background traffi ; (h) Ability of th City, the Oeveloper or other responsibl entity to undertake or MET QVQ. c o n t r i b a toward necessary improvements; kaDd' A94 a n d S•6 (i) T e extent to which traffic generated by Park Place is expected to cause rr ` n + .: c received at public hearing, the City Commissi shall approve, approve with conditions, or den preliminary site plan approval for Phase II and h a s e III respectively. The determinati with respect to transportation impacts sh 1 be made based upon the above-identified fac- rs and the findings of fact that necessary impro ments have been or will be committed to. The C' y shall neither unreasonably withold apprc 1 nor have any obligation to grant approval as a ? -Z 0. The definitions contained in Chapter 380, Florida Statutes (1981), shall control the interpretation and construction of any terns of this Order. As used herein , the term "commitment" or "funding commitment" shall mean the inclusion of the inprovement in any governmental -31- agency's capital improvement program, including but not limited to the FOOT Five Year Work Program and the Pinellas County MPO Transportation Improvement Prograc or a written representation by the Developer acknowl- edging its"-ass-umption-of the responsibility for funding and constructing the improvement. E. This Order shall remain in effect for a period of twenty (20) years from the effective date-of this Ordinance; providing however that a preliminary site plan for Phase I is submitted and approved within one (1) year from said effective date and reasonable continuous progress is made toward the completion of this Project during the duration of this-Order. If the Project is discontinued for any consecutive period of two (2) years, this Order shall expire and no further development* shall occur prior to the reinstatement of this Order by specific action of the City Commission. The Project shat1 not be deemed to have been discontinued so long as the Developer is actively involved in Project leasing activities, managing the Project, or operating under an approved-site plan of the Project. Nothing herein contained shall be construed as requiring that con- struction activity be engaged'in by the Developer within any two (2) year period. Any development activity, wherein plans have been submitted to the City for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the City upon the finding of just cause. Nothing in this Ordinance shall deny the Developer, its successors or assigns the right to petition for an amendment to this Ordinance, if the review requirements i -32- Whir- 1: V74 of the TBRPC are amended significantly in regd to traffic or other regional impacts, if background or site-generated traffic--volumes differ-significantly from those projected in the ADA, or if there is evidence of other changes in conditions revealed during the moni- toring process. F. This Order shall be binding upon the Developer, and its assigns, or successors in interest: G. Any reference herein to any governmental agencies shall be construed to mean any future instrumentality which may be created or designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. H. The City Clerk is directed to send copies of this Order, within five (5) days of'the effective date of this Ordinance, to the Oeveloper, the OCA and the TBRPC. I. The Oeveloper shall record a notice of adoption of this Order as required pursuant to Section 380.06(14)(d), Florida Statutes (1981), and shall furnish the City Clerk a copy of the recorded notice. J. This Order shall be deemed rendered upon transmittal of copies hereof to the recipients specified in Chapter 380, Florida Statutes. -Section 6. Plan Conformity - The City does hereby certify that the measures contained in this Ordinance are consistent and in conformance with the City's Comprehensive Plan and individual elements thereof adopted pursuant to the LGCPA and directs that same be forwarded to the LPA for their receipt and appropriate action. -33- no* 40 W SIM 7 7_ .? _ :-fin .. Section 7. Interpretation sh 1 b? co strtogat?/h,??,ty ?? tG make a good Fe i e! ./ t Xon de - a rr, 'd- -9 Ato of oc,cVan for Par P1a a whi h is the wis co nt with/ths t s 0 er a d th oth rwi e a l i ;' P bbl e ws,requ reme fe s. Completion of scheduled or actual improvemXnts 44layed or prevented by extraordinary J SU6% cis oats 04 Gods -, 1 ..:.. circumstances outside the City's control 1? shall not be consid e r ed tlne Cvtrt? 04 Cv7t' svcH delal 4,ke Ci shall hokA; %_L TBRPG.. a breach of the Order-A Acceptance by the City of funding relleve fl'Ie hevclop" contributions rspecified in this Order shall not g•e--Ea?.--- O! W1CG??N9 i1NGl SQ}1Sj?KC1 :.L ` 011?t.? ctppttGo?olt ?CYr+nS a? 'ti?iS OYGSNt . --... v S a i d g c cc p l-a,n c e ftu. G 5>^ at l V1o f pre c Lv cte ?..s G i ?•t,? 1ti?.?t,c a rnn e,?d?a r ' 4, C OY y Q 001 Gob ie +0 1 1 and devel opment a-A4 bui 1 di ng regul ationsAa-s-my*. t1105 prq"t So lovNe. as, Sod aw?ev+dv..eK4? ctrl %40t ?.?c.or+s?s+ekt • .. wiivt 41Aie Order. - - - dl'r-i nor / ' q cif ?s...? . s• • ? 4 Section 8. Repealer - Al 1 ordinances or parts of -001.7 ??- ordinances i n conflict herewith are to the extent of such conflict hereby repealed. .Section 9. Separability - Should any part or provision of this Ordinance be declared by a court of competent jurisdiction .to be invalid, the same sha-11 not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid; provided however that any such finding of invalidity shall automatically authorize the City, the TBRPC, the OCA or the Developer to request a determination under the provisions of Chapter 380, Florida Statutes relative to substantial deviation. Section 10. Notice - Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. -34- st q, ?t tP st. ?S ,c Road Improvements, TOTAL (T) Or PARTIAL ( P ) FUND ItJG LASE IMP ROYE14ENT , I S.R. 60/41all Drive, turn T lanes T I Traffic Signal, S. project entry T I Traffic Signal,Gulf-to- Bay at Hampton T I Gulf-to-Bay at Hampton, turn lanes P I I Extend and widen Drew Street, d tom ` ¢. F.t.b. U.S. 19 to McMul l en-Booth Road (a,5 p?vt P II U.S. 19/S.R. 60, - 5 vb-,e ctun 4•? F• Z. t,n? p ra ve ""''`'"?' " P II U.S. 19/Belleair Road, L II Belcher/Sunset Point Road, - - . r h Sw? ?cc+sati 4.6. Z I M P+'+ Vc a.txt, r -- ., .. ._ n i _ _ t n ? F4 j? - - III 'widen Hampton, from S.R. 60 to Drew III Traffid signal, Drew and and Hampton iII Belcher Road at S.R. 60, t 4,, 4-3. 1.V, WV NK.?.t....l s r r U S. iq / $ek%eair Ika;a-A., ?jv?osee?"ox 4- l= t• lmpe"o?,evw? .t ,riount of Park Place Contribution, By Phase: RASE I = $247,383 CHASE 11 = • 222,451 -HASE III = 160,942 TOTAL = 630,776 (plus interest) EXH181T "E" To Be Wholly Or Partially Financed By Park Place T T P P J r? C7 Q; v` ??? ? `0111 TE" OFFICE OF PLANNING DEPARTMENT C I T Y OF C L E A R W A T E R POST OFFICE 80X 4748 CLEARWATER, FLORIDA 33518 October 25, 1983 Mr. William A. Ockunzzi, Executive Director Tampa Bay Regional Planning Council 9455 Koger Boulevard St. Petersburg, Florida" 33702 Re: Park Place (Metro Development Corporation) Development of Regional Impact Dear Bill: Please find enclosed for your information and records one (1) executed copy of Ordinance No. 3287-83 constituting an amendment to the previously approved Development Order (Ordinance No. 3205-83) issued by the City of Clearwater for the above- referenced DRI project. Attached to Ordinance No. 3287-83, for your ease of reference, is Exhibit AA-1, which is Ordinance No. 3205-83 marked up to show the applicable additions and deletions embodied in Ordinance No. 3287-83. The amendments to the previously approved Development Order are in response to concerns raised by the Tampa Bay Regional Planning Council. It is our understanding that the amendments satis- factorily address the concerns of TBRPC staff and that staff recommendation to the Council will be to approve the Development Order as amended. Also attached for your information are the corresponding letters of transmittal forwarding copies to the State of Florida, Department of Community Affairs, and Attorney Timothy Johnson. '_f`' `Equal Employment and Affirmative Action Employer'' Mr. William A. Ockunzzi October 25, 1983 Page 2 If there are any additional requirements with respect to the proper filing of the Development Order with your agency, please advise. I would also appreciate hearing from you at the earliest possible date with respect to any concerns you may have and the formal position and timetable for action contemplated by your agency relative to the applicable appeal period. Sincerely, David P. Healey, Planning Director AICP DPH:bd Att. fl 41- C I T Y OF C L E A R W A T E R POST OFFICE BOX 4748 CLEARWATER, FLORI DA 33518 OFFICE OF PLANNING DEPARTMENT October 25, 1983 Dr. John DeGrove, Secretary State of Florida Department of Community Affairs 2571 Executive DCenter Circle, East Tallahassee, Flordia 32301 Re: Park Place (Metro Development Corporation) Development of Regional Impact Dear Dr. DeGrove: Please find enclosed for your information and records one (1) executed copy of Ordinance No. 3287-83 constituting an amendment to the previously approved Development Order (Ordinance No. 3205-83) issued by the City of Clearwater for the above- referenced DRI project. Attached to Ordinance No. 3287-83, for your ease of reference, is Exhibit AA-1, which is Ordinance No. 3205-83 marked up to show the applicable additions and deletions embodied in Ordinance No. 3287-83. The amendments to the previously approved Development Order are in response to concerns raised by the Tampa Bay Regional Planning Council. It is our understanding that the amendments satis- factorily address the concerns of TBRPC staff and that staff recommendation to the Council will be to approve the Development Order as amended. Also attached for your information are the corresponding letters of transmittal forwarding copies to the Tampa Bay Regional Planning Council and Attorney Timothy Johnson. "Equal Employment and Affirmative Action Employer" Dr. John DeGrove October 25, 1983 Page 2 If there are any additional requirements with respect to the proper filing of the Development Order with your agency, please advise. I would also appreciate hearing from you at the earliest possible date with respect to any concerns you may have and the formal position and timetable for action contemplated by your agency relative to the applicable appeal period. Sincerely, David P. Healey, AICP Planning Director D P H : b d Att. C I T Y OF C L E A R W A T E R POST OFFICE BOX 4748 CLEARWATER, FLORIDA 33518 OFFICE OF PLANNING DEPARTMENT October 25, 1983 Attorney Timothy Johnson Johnson Blakely, Pope, Bokor & Ruppel, P.A. 911 Chestnut Street Clearwater, Florida 33516 Re: Park Place (Metro Development Corporation) Development of Regional Impact Dear Tim: Please find enclosed for your information and records one (1) executed copy of Ordinance No. 3287-83 constituting an amendment to the previously approved Development Order (Ordinance No. 3205-83) issued by the City of Clearwater for the above- referenced DRI project. Attached to Ordinance No. 3287-83, for your ease of reference, is Exhibit AA-1, which is Ordinance No. 3205-83 marked up to show the applicable additions and deletions embodied in Ordinance No. 3287-83. The amendments to the previously approved Development Order are in response to concerns raised by the Tampa Bay Regional Planning Council. It is our understanding that the amendments satis- factorily address the concerns of TBRPC staff and that staff recommendation to the Council will be to approve the Development Order as amended. Also attached for your information are the corresponding letters of transmittal forwarding copies to the State of Florida, Department of Community Affairs, and the Tampa Bay Regional Planning Council. "Equal Employment and Affirmative Action Employer" ttr. Timothy Johnson October 25, 1983 Page 2 Further, I would remind you of the requirement to record a Notice of Adoption of a Development Order for this amendment with the Circuit Court and request that you provide the City with a copy of that notice. Sincerely, David P. Healey, AICP Planning Director DPH:bd Att. lotr.?. v? C'^l? -?- ¢ OFFICE OF FLANNING DEPARTMENT September 12, 1983 Mr. William A. Ockunzzi Executive Director Tampa Bay Regional Planning Council 9455 Koger Boulevard St. Petersburg, FL 33702 Dear Bill: POST OFFICE BOX 4748 CLEARWATER, FLORIDA 33518 Re: Park Place (Petro Development Corporation) Development of Regional Impact Please find enclosed for your information and records, one executed copy of the Development Order issued by the City of Clearwater for the above referenced Development of Regional Impact project pursuant to Chapter 380.06, Florida Statutes. Also attached for your information, are the corresponding letters of transmittal forwarding copies to the State of Florida, Department of Community Affairs and the Developer. We appreciate the considerable assistance which you provided in the course of reviewing this project and preparing the Development Order. I remain willing to meet with you and your staff to review any concerns you may have on the content or format of the Development Order as it relates to the TBRPC report and recommendation. If you have any questions or if any additional information or follow-up is necessary with respect to the filing of the Development Order, please contact me. Sincerely, 1 / David P. Healey Planning Direc o UPH/dw Attachments cc: Pr. John DeGrove, State of Florida, Department of Community Affairs Pr. Tim Johnson, Metro Development Corporation Equal Employment and Affirmative Action Employer" C I T Y O F C L E A R W A T E R ORDINANCE NO. 3205-83 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RENDERING A DEVELOPMENT ORDER PURSUANT TO CHAPTER 380, FLORIDA STATUTES, ON AN APPLICATION FOR DEVELOPMENT APPROVAL FILED BY METRO DEVELOPMENT CORPORATION FOR PARK PLACE, A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FINDINGS OF FACT; PROVIDING CONCLUSIONS OF LAW; ENUMERATING THE CONDITIONS OF THE DEVELOPMENT ORDER; PROVIDING FOR ADMINISTRATION OF THE DEVELOPMENT ORDER; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, on July 16, 1982, Metro Development Corporation ("Developer") filed an Application for Development Approval of a Development of Regional Impact ("DRI") with the City of Clearwater ("City"), the Tampa Bay Regional Planning Council ("TBRPC"), the Florida Department of Community Affairs ("DCA") and other state, regional and local agencies, pursuant to the provisions of Section 380.06, Florida Statutes (1981); and WHEREAS, on October 11, 1982, the Developer filed with the City an Amendment to the Application for Development Approval and submitted copies of the Amendment to all appropriate agencies; and WHEREAS, the Application for Development Approval, as amended ("ADA"), proposes the development of Park Place, a 99 acre planned retail and office complex in the City of Clearwater near the intersection of U.S. Highway 19 and State Road 60 (herein sometimes referred to as "Park Place" or "Project"); and WHEREAS, the City Commission, as the governing body of the local government having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider applications for development approval for developments of regional impact; and WHEREAS, the public notice requirements of Section 380.06, Florida Statutes, have been complied with; and WHEREAS, the City Commission has received and considered the report and recommendation of the TBRPC; and -1- WHEREAS, the City Commission has on August 18, 1983, held a duly noticed public hearing on the ADA and has heard and considered testimony and documents received thereon; and WHEREAS, this Development Order, when adopted will constitute a land development regulation applicable to the property; and WHEREAS, the Local Government Comprehensive Planning Act ("LGCPA") requires that all development regulations and amendments thereto related to an adopted comprehensive plan or element thereof be reviewed by the Local Planning Agency ("LPA") for conformance with plans adopted pursuant to the LGCPA; and WHEREAS, the Pinellas County Planning Council (PCPC) has been designated the Local Planning Agency for Pinellas County and the PCPC has adopted guidelines with reference to such required referral process; and WHEREAS, this Ordinance has been referred to and will be duly considered by the PCPC under said process; and WHEREAS, the City Commission has reviewed and considered the above referenced documents, as well as all related testimony and evidence submitted by each party and members of the general public, now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Introduction - That this Ordinance shall constitute the Development Order ("this Order") of the City Commission issued in response to the ADA filed by the Developer for development of Park Place, a development of regional impact. The scope of development to be permitted pursuant to this Order shall be as hereinafter set forth. -2- Section 2. Findings of Fact - That the City Commission, having received the above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds there is substantial competent evidence to support the following findings of fact: A. The Developer proposes the development of Park Place, a 99-acre retail and office complex in the City near the intersection of U.S. Highway 19 and State Road 60. B. The real property which is the subject of the ADA (the "real property") is legally described as set forth in Exhibit "A", attached hereto and by reference made a part hereof. C. A major portion of the real property was the subject of a request for annexation to the City according to the terms and conditions of an Annexation Agreement approved at public hearing on July 15, 1982, and recorded in O.R. Book 5397, pages 2022 through 2031, inclusive, of the Public Records of Pinellas County, Florida. Said Annexation Agreement is amended and restated in its entirety in the First Amended and Restated Annexation Agreement, as set forth in Exhibit "B", attached hereto and by reference made a part hereof. Said annexation and First Amended and Restated Annexation Agreement are effective immediately prior to the adoption by the City of this Order. 0. The City Commission in approving the Developer's original Annexation Agreement on July 15, 1982, imposed the following conditions on Park Place, which will be satisfied in the process of site plan approval consistent with this Order: -3- 1. The following maximum floor area ratios ("FAR") be established: (a) Maximum FAR of .25 for retail commercial use. (b) Maximum FAR of .30 for low-rise office use. (c) Maximum FAR of .40 for mid-rise office use. 2. Conveyance by deed(s) for the following additional rights-of-way: (a) Along the southern boundary of the Project fronting on State Road 60, ten (10) feet of right-of-way, as may be required to establish a full sixty (60) foot one-half right-of-way. (b) Along the northern boundary of the Project fronting on Drew Street, fifty (50) feet of right-of-way, to establish a full fifty (50) foot one- half right-of-way. E. The Developer submitted to the City an ADA, supplemental documentation on traffic systems management ("TSM") and a sufficiency response, which are attached hereto as composite Exhibit "C" and by reference made a part hereof. F. This Project will yield positive economic impacts to the City and Pinellas County, in the form of construction expenditures, (approximately $41.1 million), employment opportunities, (approximately 4,000 permanent jobs) and ad valorem taxes, (approximately $1.3 million annually). G. This Project will yield negative impacts on the existing road system established and maintained by the City, Pinellas County and the State of Florida; which road system does not at present operate in all cases at a desirable level of service ("LOS"). -4- H. The projected impacts of this Project on the existing road system notwithstanding, the following intersections are projected to have the respective LOS at peak hour traffic in 1989 as noted below: 1. U.S. 19/Sunset Point Road - LOS F 2. U.S. 19/N.E. Coachman Rd. - LOS F 3. U.S. 19/Drew St. - LOS F 4. U.S. 19/S.R. 60 - LOS E 5. U.S. 19/Belleair Rd. - LOS E 6. Belcher Rd./Sunset Point Rd. - LOS F I. While the list of recommended road system improvements suggested by the TBRPC includes a grade-separated intersection at U.S. 19/Drew Street, the City finds that neither the City nor the Developer, individually or in combination, has the jurisdiction or financial capability to commit to the funding of a grade-separated intersection at U.S. Highway 19 and Drew Street. The City finds it can and will commit to make every effort to mitigate the Project's impact on the U.S. 19/Drew Street intersection and to encourage the expedi- tious scheduling and construction of this improve- ment by the appropriate jurisdiction(s). J. Funding commitments have been made by the City, Pinellas County and the State of Florida, respectively for the following transportation system improvements located within the vicinity of and impacted by the Project: 1. Construction of grade-separated interchanges at the U.S. 19/SR 580 and U.S. 19/Countryside Boulevard intersections. This improvement is currently programmed in the Pinellas County Metropolitan Planning Organization ("MPO") -5- Transportation Improvement Program, with construction scheduled to start in 1986-87, consistent with needs identified as a result of Phase I construction. 2. Construction of a grade-separated interchange at the U.S. 19/Roosevelt Boulevard intersec- tion. This improvement is currently programmed in the Pinellas County MPO Transportation Improvement Program, with construction scheduled to start in 1985-86, consistent with needs identified as a result of Phase I construction. 3. Reassessment of the existing green time signal phasing and lane assignments at the U.S. 19/Drew Street intersection. This improvement is to be accommodated within the 1983/84 work program of the Traffic Engineering Department of the City, consistent with needs identified as a result of Phase I construction. 4. Construction of Drew Street from Hampton Road east to McMullen-Booth Road. This improvement is currently programmed in the Pinellas County MPO Transportation Improvement Program with construction scheduled to start in 1983-84, consistent with needs identified as a result of Phase II construction. 5. Construction of additional lanes on McMullen- Booth Road from S.R. 60 to Sunset Point Road. This improvement is currently programmed in the Pinellas County MPO Transportation Improvement Program, with construction scheduled to start in 1984-85, consistent with needs identified as a result of Phase III construction. -6- 6. Construction of additional lanes on State Road 60 from U.S. 19 to McMullen-Booth Road. This improvement is currently programmed in the Florida Department of Transportation ("FOOT") Five Year Work Program with construction scheduled to start in 1986-87. 7. Construction of additional lanes on Sunset Point Road from Keene Road to U.S. 19. This improvement is currently programmed in the Pinellas County MPO Transportation Improvements Program with construction scheduled to start in 1986-87. 8. Completion of Druvd Road by the City, between Belcher Road and Edenville Road with con- struction scheduled to start in 1983-84, consistent with needs identified in the City's Thoroughfare Plan to provide parallel reliever access for State Road 60 and Drew Street. K. The City has consistently required the provision of a forty (40) foot right-of-way easement along the U.S. Highway 19 corridor in connection with annexation, site plan and subdivision plat approval, the purpose of such additional right- of-way being to assure the availability of the necessary right-of-way for ultimate improvement of the U.S. Highway 19 corridor consistent with the standards of FDOT. L. The Project development is not located in an area of critical state concern as designated pursuant to Section 380.05, Florida Statutes (1981). M. The Project will not unreasonably interfere with the achievement of the objectives of any adopted state land development plan(s) applicable to the area. -7- N. A comprehensive review of the impacts generated by the Project has been conducted by the City and the TBRPC. 0. This Order is consistent with the report and recommendations of the TBRPC. P. The City has established land development regulations, including zoning, site plan review and subdivision regulations and, pursuant to these land development regulations, has the necessary and adequate authority to monitor, administer, and enforce the provisions of this Order. Section 3. Conclusions of Law - That the City Commission, having made the above findings of fact, reaches the following conclusions of law: A. That these proceedings have been duly conducted pursuant to applicable laws and regulations, and based upon the record in this proceeding, the Developer is authorized to conduct development as described herein, subject to the review procedures, requirements, conditions, restrictions and limitations set forth herein. B. That review by the City reveals that impacts are adequately addressed pursuant to the requirements of Section 380.06, Florida Statutes, within the terms and conditions of this Order. Section 4. fact and drawn the above conclusions of law, it is ordered that the ADA is hereby approved, subject to the following review procedures, requirements, conditions, restrictions and limitations: A. Development shall be approved consistent with the Conceptual Plan included as Exhibit "D", attached hereto and by reference made a part hereof, and according to the site plan review procedures and criteria, as well as all other applicable Order - That, having made the above findings of -8- provisions of the City Code of Ordinances. In particular, a preliminary site plan shall be submitted for each phase, and individual final site plans within the respective phases shall be consistent therewith. Development of out-parcels indicated on the Conceptual Plan shall be con- sistent with said plan and all out-parcel development will be subject to site plan approval procedures and shall be coordinated with the overall Park Place development. Permitted maximum floor areas for Park Place are considered to be inclusive of out-parcels both as to total project floor area and floor area by phase. B. All development pursuant to this Order shall be consistent with applicable land development and building regulations, codes, ordinances and policies in effect at the time of application for final site plan approval for the respective components of the Project. No amendment of any such regulation, code, ordinance or policy adopted subsequent to the effective date of this Order, however, shall preclude, or require any material revision of, the type of use or amount of floor area as set forth in the Conceptual Plan. C. The Project is approved for a total maximum floor area of 1,253,000 square feet, comprised of a maximum 1,103,000 square feet of office use and a maximum 150,000 square feet of retail commercial use. The permitted maximum floor area is to be approved subject to the FAR and phasing limitations set forth below: -9- 1. The maximum permitted floor area by category of use shall be approved only to the extent that such floor areas are consistent with the following FAR's and at no time during the approval of individual final site plans shall the cumulative FAR exceed those set forth below: Retail Commercial - maximum FAR of 0.25 Low-Rise Office (3 stories or less) - maximum FAR of 0.30 Mid-Rise Office (4 through 8 stories) - maximum FAR of 0.40 2. The Project will be phased according to the following: Phase Maximum Floor Area - In Sq. Ft. Retail Commercial Office Total Phase I 150,000 480,000 630,000 Phase II ---- 323,000 323,000 (Phase I and II cumulative) (150,000) (803,000) (953,000) Phase III ---- 300,000 300,000 (Phase I, II and III (150,000) (1,103,000)(1,253,000) cumulative) Total 150.000 1.103.000 1.253.000 D. The Developer agrees to acquire land, or to pay the City for land required to be acquired by the City, to provide ingress and egress to the west and to \ the south of the Project. Specifically, access to the west shall interconnect with the existing easement at the north end of M&B 19-1, 20, 20-1, and 20-1A (Bennigan's, Chi Chi's and Perkins) to the U.S. 19 frontage road and through the Bennigan's site to the existing traffic light at State Road 60. Access shall be provided to the south through M&B 21, 21-1, and 22-1 (McMullen Property) to State Road 60, with the exact location to be determined at time of preliminary site plan approval for Phase I. Said ingress and egress shall -10- be secured by fee simple acquisition, right-of-way easement, or other appropriate mechanism by either the Developer or the City. If acquisition cannot be accomplished by the Developer on terms accept- able to the Developer, then upon written request of the Developer, the City agrees to the utilization of its eminent domain powers under Chapter 73, Florida Statutes to acquire such right-of-way. The City agrees to exercise such eminent domain powers solely under Chapter 73, Florida Statutes, if necessary, within twelve (12) months after the effective date of this Order, consistent with the applicable provisions of law, in recognition that it is in the public interest that such ingress and egress be obtained. In the event that the City so exercises its power of.eminent domain to acquire rights in any of the above referenced property for ingress and egress, the Developer shall compensate the City in the amount of the condemnation judg- ment; except where such judgment exceeds the appraised value or average of appraised values entered into evidence in the condemnation proceed- ing by the City, the City and the Developer shall, subject to the mutual consent of the City and the Developer as to the reasonableness of the judgment, share equally (50 percent each) the amount of the judgment awarded in excess of such appraised value or average values. The cost of constructing such connections to the adjoining property to the west and to State Road 60 to the south, in addition to any other contributions for on-site or off-site road improvements, will be the responsibility of the Developer according to a schedule to be established with the preliminary site plan approval of Phase I. - 11 - E. The Developer shall contribute to the City a sum of money to defray, in full or in part, the cost of road and related traffic improvements necessary reasonably to accommodate the additional traffic expected to be generated by Park Place. The amount of money shall be consistent with the Project's proportionate share of those improvements set forth in Exhibit "E", attached hereto and by reference made a part hereof. In no event shall this sum be less than the amount shown below applicable to each phase. Payment of the listed principal amounts, plus interest, are to be made concurrently with certification of the initial final site plan for each of the following phases of Park Place in accordance with the following schedule: Phase I: $247,383 Phase 11: $222,451 Phase III: $160,942 Interest on the principal sum for each phase shall accrue from the effective date of this Order and the interest shall be computed at a rate of ten (10) percent per annum beginning with the effective date of this Order. In lieu of phased payments, the Developer may make a single payment of $646,303 to the City prior to certification of any final site plan for Phase I. Said payment is calculated to be adequate to address the future cost, including inflation, of road improvements, in recognition of the investment income which will accrue to the City prior to utilization of these funds. Payments of the foregoing monies shall constitute the final and complete payment by the Deve.loper for any and all off-site transportation improvements related to the Project. -12- F. Roadway improvement funds contributed under subsection 4. E. above shall be placed in a trust fund administered by the City for the benefit of its citizens and the Developer to provide solely for the following transportation system improve- ments, committed hereby to be constructed by the City unless constructed by another government entity consistent with the phasing of Park Place as noted below: 1. Phase I - (a) At the S.R. 60/Clearwater Mall Drive II intersection, construct two eastbound to northbound exclusive left turn lanes. (b) Install or renovate, as appropriate, traffic signals at the south project entrance and S.R. 60, and at Hampton Road at S.R. 60. (c) Construct an excusive left turn lane on S.R. 60 approach and an additional through lane in each direction on S.R. 60 at the S.R. 60/Hampton Road intersection, with the through lanes to continue to the next intersection or some logical terminus in accordance with proper design practice. 2. Phase II -(a) Extend and widen Drew Street as a four-lane divided link (4 through lanes and turn lanes as are appropriate) between U.S. 19 and McMullen-Booth Road. -13- 3. Phase III-(a) Installation and/or relocation of additional traffic signals in the project area at Drew Street and the north project entrance, Drew Street and Hampton Road, the two south project entrances and State Road 60, and State Road 60 and Hampton Road; in phases as is appropriate but in their entirety by Phase III. (b) Expansion of Hampton Road to a two-lane divided link (2 through lanes with turning lanes as appropriate) from State Road 60 to Drew Street in phases related to points of access on Hampton Road, but in its entirety by Phase III. The City agrees to initiate the road and related improvements identified above prior to completion of the phase to which they relate; except that the City commits that the improvements identified under subsection 4.F.1.(a) will be let for bid no later than twelve (12) months from the effective date of this Order with a scheduled construction completion date no later than twenty-four (24) months from the effective date of this Order. The City's agreement to the timely initiation and completion of those projects identified in subsections 4.F.1. through 3. above is subject only to the requisite authori- zation of the governing jurisdiction and any other factors which are not within the City's control. -14- G. In consideration of the sum(s) of money contributed by the Developer for the road improvements outlined under Section 4. F., the needs of the public transportation system and the funding constraints of the State and Pinellas County, the City agrees to assist in the furtherance of other necessary transportation system improvements consistent with jurisdictional authority and available funding to achieve implementation of the following, according to the priorities, correlation between improvements and timing determined most advantageous and workable: 1. Phase I - During Phase I and ongoing for the duration of the Project, commitment to. (a) Secure dedication of right-of-way easements at time of annexation, site plan, subdivision plat or other relevant approvals, for thoroughfare system improvements, consistent with applicable State, County and City roadway design standards. 2. Phase II -Prior to the initiation of Phase II, commitment to: (a) Convert the existing exclusive right turn lanes into combination through and right turn lanes on U.S. 19 at the intersection with Northeast Coachman Road, with the new through lanes on U.S. 19 to continue to the next intersection, or some logical terminus in accordance with proper design practice. -15- (b) Construct additional through lanes on U.S. 19, and convert the existing exclusive right turn lanes into combination through and right turn lanes on Sunset Point Road at the U.S. 19/Sunset Point Road intersection, with the new through lanes to be continued to the next intersection or some logical terminus in accordance with proper design practice. (c) Construct an exclusive right turn lane on both U.S. 19 approaches at the U.S. 19/Northeast Coachman Road intersection. On the eastbound Northeast Coachman approach, add a through lane and convert the exclusive right turn lane into a combination through and right turn lane. On the westbound Northeast Coachman approach, one existing exclusive left turn lane will be deleted, and the exclusive right turn lane will be converted to a combination through and right turn lane. The additional through lanes on Northeast Coachman Road shall continue to the next intersection or some logical terminus in accordance with proper design practice. (d) Construct a grade separated interchange at the U.S. 19/Drew Street intersection. -16- (e) Construct one additional exclusive left turn lane in the eastbound and westbound direction at the U.S. 19/S.R. 60 intersection. (f) Construct an eastbound to southbound exclusive right turn lane at the U.S. 19/Belleair Road intersection. (g) Construct an additional eastbound to northbound exclusive left turn at the Belcher Road/Sunset Point Road intersection. Construct a through lane on the northbound Belcher Road approach and on the. eastbound Sunset Point Road approach. Convert the existing exclusive right turn lanes into a combination through and right turn lane on both Sunset Point Road approaches and on the southbound Belcher Road approach. The through lanes shall continue to the next intersection or some logical terminus in accordance with proper design practice. 3.Phase III -Prior to the initiation of Phase III, commitment to:. (a) Construct a grade separated interchange at the U.S. 19/Sunset Point intersection. (b) Construct a grade separated interchange at the U.S. 19/ Northeast Coachman Road intersection. -17- 11 1 (c) Convert the exclusive right turn lanes into a combination through and right turn lane in each direction at the U.S. 19/Belleair Road intersection, with the through lanes to continue to the next intersection or some logical terminus in accordance with proper design practice. (d) Construct exclusive right turn lanes on all approaches except for the eastbound Sunset Point Road approach, and construct additional through lanes in each direction on Sunset Point Road at the Belcher Road/Sunset Point intersection, with the through lanes to continue to the next intersection or some logical terminus in accordance with proper design practice. (e) Construct an additional through lane and additional exclusive left and right turn lanes on all approaches, with the through lanes to be continued to the next intersection or some logical terminus in accordance with proper design practice at the Belcher Road/S.R. 60 intersection. (f) Construct an exclusive right turn lane on the westbound Sunset Point Road approach at the Sunset Point Road/Old Coachman Road inter- section. -18- Based in part on the biennial traffic monitoring report prepared by the Developer and on the criteria and procedure set forth in subsection 5-C. of this Order, the City reserves the right to determine whether preliminary site plan approval for subsequent phases of Park Place shall be approved, withheld or delayed provided however, that if the standard established in subsection 5.C.(2) of this Order is met, then the Developer shall be entitled to proceed with the next phase of the project according to the otherwise applicable provisions of this Order. H. The City further agrees to the following: 1. In the interest of recognizing the commitments toward road improvements made by the Developer and to provide for the treatment of other developments in a comparable fashion, the City will review and evaluate potential appropriate legislation dealing with local transportation impact fees; 2. The City will cooperate with and expedite, where possible, the design of all FOOT improvements which are necessitated in part by Park Place, in particular the U.S. 19/Drew Street grade-separated interchange; 3. The City will support as a high priority the early scheduling and construction of a grade-separated U.S. 19/Drew Street interchange; and 4. The City will review and recommend as is appropriate the redesignation of the U.S. 19/S.R. 60 area, including Park Place, as a regional activity center under the TBRPC Regional Plan. -19- I. The developer shall, during construction of-Phase I of the Project, prepare a Transportation System Management (TSM) Plan, which shall be submitted for approval coincident with the submittal of the preliminary site plan for Phase II of Park Place. The TSM Plan shall be submitted to the City, the TBRPC, the Pinellas County MPO, FDOT and the Pinellas Suncoast Transit Authority, as appro- priate. The plan of TSM measures as approved by the City shall be instituted during Phase II of the Project and implemented for the duration of the life of the Project, according to the following: 1. Assure implementation, by a responsible entity, of Park Place worker flex time of sufficient magnitude to divert 11.9 percent of total peak hour vehicle trips projected in the ADA away from the peak hour traffic. Measures to achieve this diversion may include transit incentives and/or lease agreement stipulations, and others as appropriate. 2. Assure implementation, by a responsible entity, of a TSM program of Park Place worker ride- sharing, of sufficient magnitude to divert 2.8 percent of total peak hour vehicle trips projected in the ADA away from the peak hour traffic. Incentive measures to achieve this diversion may include preferential parking, and/or coordinating service, as appropriate. 3. Assure implementation of a bus incentive program in cooperation with the Pinellas Suncoast Transit Authority that will result in provision of sufficient transit service facilities and ridership to assure a diversion of 5.6 percent of total peak hour vehicle trips -20- as projected in the ADA away from the peak hour traffic. Measures to achieve this diversion may include adequate headways, bus stops and shelters, employee bus passes, and developer subsidies, as appropriate. 4. Assure implementation of express bus service of sufficient magnitude to effect a diversion of 1.8 percent of the total peak hour vehicle trips away from the peak traffic hour, pro- vided, however, implementation of express bus service shall not be required until final site plan approval is requested for the initial portion of Phase III of Park Place. Measures to achieve this diversion shall include adequate headways, bus stops and shelters, employee bus passes, developer subsidies of park and ride lots and capital improvements, as appropriate. 5. Actual experience in implementation of the TSM Plan may indicate. that the individual rates of reduction vary from those described above. Any such variances shall be considered consistent with this Order, provided that the overall cumulative reduction in vehicle trips is at least 20.3 percent by the end of Phase II and 22.3 percent in Phase III. 6. Monitoring of the effectiveness of TSM programs shall be conducted biennially starting with submission of a report concurrent with the first annual report following preliminary site plan approval for Phase II. The monitoring methodology shall be based on generally accepted traffic engineering practice reason- ably acceptable to the City. If monitoring indicates that target reduction levels are not -21- being achieved, the City may withold authoriza- tion of final site plan approvals requested subsequent to submission of the TSM report for Phase II and preliminary or final site plan approval for Phase III, until acceptable mitigation methods are implemented. The City has the right at its expense to require verification from a source other than Developer's consultant, of methods as may be appropriate to assure that an accurate representation of TSM effectiveness has been submitted and may hold a public hearing consistent with the provisions of subsection 5.C. of this Order prior to final site plan approvals requested subsequent to submission of the TSM report for Phase II or prior to preliminary site plan approval for Phase III to evaluate the TSM Plan and performance thereunder. J. The Developer shall be responsible for all improve- ments made on the Park Place site, and for con- struction and maintenance of all open space, drainage retention, street medians, street lighting (including the cost of supplying electricity thereto), and access drives and roadways to and through the Project, including access drives across designated land or easements yet to be acquired. The Developer shall be responsible for proper maintenance of all on-site development approved consistent with the Conceptual Plan included as Exhibit "D". The foregoing, however, shall not -22- r preclude the Developer from offering, and the City from accepting, dedication of any street proposed to be a public street, in which case the City will assume responsibility for maintaining said public street consistent with the provisions set forth in Exhibit "B". K. Wetlands on the site, designated as Aquatic Lands (AL) by the City and as identified in the ADA, shall remain undisturbed by development activities, except as approved by the City consistent with provisions of the AL zoning district and City drainage and retention policies. L. The following measures to control water quality and erosion referenced in the ADA, shall be implemented to the satisfaction of the City consistent with established policy including controlled phasing so that large areas are not left exposed for long periods of time, minimal grading, maximum use of existing vegetation, seeding, mulching, sodding and safe disposal of runoff. M. The Developer shall institute a program to be developed in conjuction with the City to monitor the on-site water quality in the project drainage system, so that a determination by the City of this project's impact on nearby receiving waters can be made and adjusted as may be required. N. Paved parking surfaces shall be cleaned/vacuumed periodically as part of a water quality maintenance program designed to be consistent with the Source Control Practice section (page 6-10) of the TBRPC Approved Stormwater and Lake Systems Maintenance and Design Guidelines. The entity responsible for implementation shall be subject to reasonable approval by the City. -23- 0. All drainage plans shall be prepared in accordance with the TBRPC approved Stormwater and Lake Systems Maintenance and Design Guidelines and shall be submitted to the City and the TBRPC for review prior to any final site plan approval. All drainage plans will be subject to City approval consistent with City requirements therefor at time of final site plan approval. P. The final drainage system shall include the following recommendations of the Florida Game and Fresh Water Fish Commission: 1. A Stormwater management system with shallow detention ponds with wide, gently sloping littoral zones (1V:6H vertical:horizontal minimum); 2. Revegetation of constructed littoral zones with native wetland species; 3. Routing stormwater, whenever practical, via .open vegetated swales as opposed to pipes and culverts. Q. Bicycle and pedestrian pathways shall be incorporated into the development as measures to decrease vehicular pollution/emissions, as referenced in the ADA, and shall be a condition of approval of site plans within Park Place. R. Appropriate corrective measures shall be taken to mitigate soil limitations and additional soils testing as is required to accommodate final building construction design as required by the City. -24- i S. The Developer shall phase construction so that trees with active osprey nests shall remain in place through the nesting season. If an active nest is removed, with approval of the Florida Game and Fresh Water Fish Commission, it shall be replaced with a suitable nest stand. T. A capture-release program be established for any Gopher Tortoise, Florida Mouse and Eastern Indigo Snake observed on-site during construction, as referenced in the ADA. The rel.ease site shall be determined in cooperation with the Florida Game and Fresh ',Dater Fish Commission. U. Any historical or archaeological resources dis- covered during construction will be reported to the Florida Division of Archives, History and Records Management and that the disposition of such resources be determined in cooperation with the Division of Archives and the local government with jurisdiction, as referenced in the ADA. V. Site plans shall include provision for preservation and transplanting of as many tree clusters or in- dividual trees as is feasible and tree preservation measures shall be included as a consideration in site plan approval. W. The Developer shall encourage that energy conserva- tion measures such as building orientation and shading, overhangs, sun angles, and use of renew- able energy sources, be incorporated into the Park Place development. The extent to which cost- effective energy conservation measures are included shall be a consideration in site plan approval. X. The Developer, its successors or assigns, shall be the entity responsible for maintenance of on-site wells. -25- Y. The City alone, and where appropriate in conjunction with Pinellas County, shall provide fire, police, EMS, sewerage, refuse disposal, potable water, and other general government services to Park Place. Section 5. Administration - That the following procedures and requirement will apply to the on-going administration of this Development Order: A. The Developer shall submit an annual report on the DRI to the City, the TBRPC, the Southwest Florida Water Management District, and the State Land Planning Agency on the anniversary of the effective date of this Development Order for each following year until and including such time as all terms and conditions of this Order are satisfied or same has expired by its term, whichever is earlier. Such report shall be submitted for review by the City Commission to insure compliance with the terms and conditions of this Order. The Developer shall be notified of any City Commission hearing wherein such report is to be reviewed, provided, however, that receipt and review by the City Commission shall not be considered a substitute or a waiver of any terms or conditions of the Development Order. Each report shall contain: 1. A description of all development activity conducted pursuant to this Order during the year immediately preceding the submission of the annual report; 2. A description of all development activities proposed to be conducted under the terms of this Order for the year immediately subsequent to the submission of the annual report; -26- 3. A statement listing anticipated applications for development approvals or permits required pursuant to applicable regulations which the Developer proposes to submit during the year immediately following.submittal of the annual report; 4. A statement setting forth the name(s) and address of any assignee or successor in interest to the Developer in its capacity as developer of Park Place or any portion thereof; and 5. A statement that all persons have received copies of the annual report, as required under Section 380.06(16), Florida Statutes (1981). It is the intent of this requirement that the submittal of the annual report shall be in addition to and not in lieu of any submittal requirements for an annual report as promulgated by the State Land Planning Agency. B. Further review pursuant to Chapter 380, Florida Statutes may be required if a substantial deviation, as defined in Chapter 380, Florida Statutes, occurs. The Developer shall be given due notice of, and an opportunity to be heard at, any hearing to determine whether a proposed change to the development is a substantial deviation. Substantial deviation may occur by failure to comply with the conditions of this Order, other than a failure by the City, failure to follow the plans and specifications submitted in the ADA and supplementary information, or by activities which are not commenced, other than by the City, until after the expiration of the period of effectiveness of this Order. -27- 1 C. Approval of preliminary site plans for Phases II and III of Park Place shall comply with the following provisions, which shall be instituted in addition to the otherwise applicable procedures contained in the City Code of Ordinances and this Order. 1. At the time of submittal of preliminary site plans for Phases II and III, the City shall evaluate the status of improvements and commit- ments to improve the transportation system in the project area. Said evaluation shall be based on the road improvements outlined in Exhibit "F", attached hereto and by reference made a part hereof, which summarizes the findings and recommendations of the TBRPC. Each transportation improvement included in these findings and recommendations has been assigned a point value equal to the percentage of peak hour traffic which was expected to be generated by Park Place. Points shall be granted, in the amounts indicated, for construction or commit- ments to fund improvements consistent with the phasing recommended by TBRPC. Exhibit "F" of this Ordinance provides a detailed summary of improvements and point totals. 2. Traffic impacts of Park Place shall be con- sidered acceptable when construction or funding commitments generate a point total equal to seventy-five (75) percent of the total number of points for the corresponding phase, provided however, that the total possible number of points for any phase is inclusive of any carried-over for uncommitted projects not accomplished in prior phases. Additional points may be applied to the score if the effectiveness -28- of TSM measures exceeds the levels indicated in Section 4.1.5. of this Ordinance, as determined by monitoring reports provided by the Developer. Additional points for transit effectiveness, if earned, will be added at the rate of five (5) points per one (1) percent increase in overall transit effectiveness. The addition of any points accruing from transit effectiveness shall constitute a bonus and be added only to the point score otherwise granted by a tally of transportation improvements or commitments and shall not be reflected in the sum of total possible points. For purposes of point calcula- tion, those projects which have benefitted from a contribution by the Developer, as set forth in Exhibit "E" shall be considered to be committed. Further, it is acknowledged that the list of projects included as Exhibit "F" shall be amended under the following conditions: (a) If the TBRPC amends its rule governing recommendations for transportation impact mitigation responsibilities in such a manner as to increase the threshold, which is currently set at five (5) percent of road or intersection capacity based on peak hour LOS D, those locations at which Park Place no longer contributes in excess of the adjusted threshold and for which no funding commitment has been made may be deleted from the listing included as Exhibit "F", and the possible point total for the phase indicated shall be reduced accordingly. -29- (b) Regardless of whether the TBRPC threshold is revised or amended subsequent to the issuance of this Order, the projects included in Exhibit "F" may remain eligible for credit toward the possible point total if a funding commitment has been made to the project. 3. If it is determined according to the point schedule set forth in subsection .5.C.2. above that the traffic impacts of Park Place are acceptable, approval of the preliminary site plan shall be as otherwise provided by the City Code of Ordinances and this Order. 4. If the traffic improvements fail to neet the standards set forth in subsection 5.C.2., the City shall hold a public hearing to consider mitigation methods and conditions for the approval of subsequent phase(s). Prior notice of said public hearing shall be provided to the Developer, his successors or assigns, the State Land Planning Agency, the TBRPC and the Metropolitan Planning Organization, all of whom shall have an opportunity to provide evidence. The City Commission in making its evaluation at any such public hearing shall consider the following types of information: (a) The schedule and timing of Project construction to date; (b) Other development in the vicinity of the Project area; (c) Road improvements completed to date and those future improvements scheduled and anticipated to be scheduled; -30- (d) Funding opportunities and constraints of the respective State, County and City juris- dictions; (e) The extent and effectiveness of TSM measures implemented according to the TSM Plan; (f) The current applicable formula and criteria established by the TBRPC for review of DRI's; ; (g) Actual versus projected growth rates of background traffic; (h) Ability of the City, the Developer or other responsible entity to undertake or contribute toward necessary improvements; and (i) The extent to which traffic generated by Park Place is expected to cause deterioration of traffic conditions. Upon consideration of the information and testimony received at public hearing, the City Commission shall approve, approve with conditions, or deny preliminary site plan approval for Phase II and Phase III respectively. The determination with respect to transportation impacts shall be made based upon the above-identified factors and the findings of fact that necessary improvements have been or will be committed to. The City shall neither unreasonably withold approval nor have any obligation to grant approval as a result of the previous phases of the Development. D. The definitions contained in Chapter 380, Florida Statutes (1981), shall control the interpretation and construction of any terms of this Order. As used herein the term "commitment" or "funding commitment" shall mean the inclusion of the improvement in any governmental -31- agency's capital improvement program, including but not limited to the FDOT Five Year Work Program and the Pinellas County MPO Transportation Improvement Program or a written representation by the Developer acknowl- edging its assumption of the responsibility for funding and constructing the improvement. E. This Order shall remain in effect for a period of twenty (20) years from the effective date of this Ordinance; providing however that a preliminary site plan for Phase I is submitted and approved within one (1) year from said effective date and reasonable continuous progress is made toward the completion of this Project during the duration of this Order. If the Project is discontinued for any consecutive period of two (2) years, this Order shall expire and no further development shall occur prior to the reinstatement of this Order by specific action of the City Commission. The Project shall not be deemed to have been discontinued so long as the Developer is actively involved in Project leasing activities, managing the Project, or operating under an approved site plan of the Project. Nothing herein contained shall be construed as requiring that con- struction activity be engaged in by the Developer within any two (2) year period. Any development activity, wherein plans have been submitted to the City.for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the City upon the finding of just cause. Nothing in this Ordinance shall deny the Developer, its successors or assigns the right to petition for an amendment to this Ordinance, if the review requirements -32- of the TBRPC are amended significantly in regard to traffic or other regional impacts, if background or site-generated traffic volumes differ significantly from those projected in the ADA, or if there is evidence of other changes in conditions revealed during the moni- toring process. F. This Order shall be binding upon the Developer, and its assigns, or successors in interest. G. Any reference herein to any governmental agencies shall be construed to mean any future instrumentality which may be created or designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. H. The City Clerk is directed to send copies of this Order, within five (5) days of the effective date of this Ordinance, to the Developer, the DCA and the TBRPC. I. The Developer shall record a notice of adoption of this Order as required pursuant to Section 380.06(14)(d), Florida Statutes (1981), and shall furnish the City ,Clerk a copy of the recorded notice. J. This Order shall be deemed rendered upon transmittal of copies hereof to the recipients specified in Chapter 380, Florida Statutes. Section 6. Plan Conformity - The City does hereby certify that the measures contained in this Ordinance are consistent and in conformance with the City's Comprehensive Plan and individual elements thereof adopted pursuant to the LGCPA and directs that same be forwarded to the LPA for their receipt and appropriate action. -33- Section 1. Interpretation - Approval of this Order shall be construed to obligate the City to make a good faith effort to undertake the specified improvements and provision of services which would normally accrue to its jurisdiction, and to consider approval of any site plan, building permit or cer- tificate of occupancy for Park Place which is otherwise con- sistent with the terms of this Order and the otherwise applicable laws,`requirements and fees. Completion of scheduled or actual improvements delayed or prevented by extraordinary or unforseen circumstances outside the City's control shall not be considered a breach of the Order. Acceptance by the City of funding contributions specified in this Order shall not be construed to obligate the City to perform in conflict with or derogation of any applicable provisions of this Order, or in conflict with any such applicable land development and building regulations as may be applicable at such time as plans are submitted for approval during the build-out of Park Place. Section 8. Repealer - All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 9. Separability - Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid; provided however that any such finding of invalidity shall automatically authorize the City, the TBRPC, the DCA or the Developer to request a determination under the provisions of Chapter 380, Florida Statutes relative to substantial deviation. Section 10. Notice - Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. -34- ,l Section 11. Ordinance shall take effect as provided in Chapter 380, Florida Statutes. PASSED ON FIRST READING August 18, 1983 PASSED ON SECOND AND FINAL READING AND ADOPTED September 1, 1983 AS AMENDED /s/ Kathleen F. Kelly Mayor-Commissioner Attest: /s/ Lucille Williams City Clerk Effective Date - The provisions of this -35- LIST OF EXHIBITS EXHIBIT "A" - Legal Description of Park Place EXHIBIT "B" - First Amended and Restated Annexation Agreement EXHIBIT "C" - Application for Developnent Approval, As Amended, and Traffic Supplement EXHIBIT "D" - Conceptual Master Plan for Park Place EXHIBIT "E" - Road Improvements, to be Wholly or Par tially Financed by Park Place EXHIBIT "F" - Summary Findings and Recommendation of TBRPC, with Percentages Attributable to Park Place . _. EXHIBIT "A" 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, 170.00 feet; thence S 89°46'01" W, 1319.21 feet; thence, leaving said North right- of-way line, N 01°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-ofway line, N 01°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 I/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. A-1._ EXHIBIT "B" FIRST AMENDED AND RESTATED ANNEXATION AGREEMEN7_ THIS FIRST AMENDED AND RESTATED ANNEXATION AGREEME14T is made this day of September, 1983, among the CITY OF CLEARWATER, FLORIDA ("City"), MOC ASSOCIATES 81-A, LTD., a Georgia limited partnership, METRO DEVELOPMENT CORPORATION, a Georgia corpora- tion, OR ASSIGNS ("Developer"). W I T N E S S E T H: WHEREAS, Sidney Colen ("Colen") owns the real property described on Attachment 1. attached hereto ("the Annex Property") and the real property described on Attachment 2. attached hereto (which real property together with the Annex Property is some- times.hereinafter collectively referred to as the "Project Property") which he has agreed under certain circumstances to convey to Developer; and WHEREAS, Developer wishes for the Annex Property to be annexed into the City provided that the City agrees to certain conditions relative to the Project Property; and WHEREAS, the City wishes to annex the Annex Property to be annexed into the City provided that the Developer agrees to certain conditions relative to the Project Property; and WHEREAS, Colen has heretofore filed with the City a Petition for Annexation and Zoning and an Application to Amend Land Use Plan relative to the Annex Property; and WHEREAS, on August 13, 1982, the City and Developer entered into an Annexation Agreement whereby the Project Property may be annexed into the City, which Annexation Agreement is recorded in O.R. Book 5397, pages 2022 through 2031, inclusive, of the Public Records of Pinellas County, Florida; and WHEREAS, on July 16, 1982, the Developer filed an Applica- tion for Development Approval of a Development of Regional Impact ("DRI") with the City and other appropriate agencies; and B - 1. WHEREAS, on October 11, 1982, the Developer filed with the City an Amendment to the Application for Development Approval and submitted copies of the Amendment to all appropriate agencies; and WHEREAS, the Developer has made substantial changes to the original Conceptual Development Plan (the "Plan"), attached as Exhibit.C to. the Annexation Agreement; and WHEREAS, the City and Developer have agreed to other changes in the Annexation Agreement; and WHEREAS, the parties wish to amend the Annexation Agreement relative to the Project Property; NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties amend and restate the Annexation Agreement in its entirety as follows: 1. Recitals. The foregoing recitals are true and correct. 2. Annexation. Simultaneously with the approval of this Agreement by the City, the City shall conclude annexation of the Annex Property. 3. Conceptual Development Plan. Immediately following the effectuation of the annexation of the Annexed Property, the City shall issue its Development Order relative to the Project Property. The Conceptual Development Plan attached to the Development Order as Exhibit "D" shows the general parameters for development of the Project Property. Any development of the Project Property by Developer shall be in substantial compliance with these parameters. All site and engineering plans, building plans, DRI Studies, or amendments or addenda thereto, or other similar documents or applications relative thereto, that are submitted by Developer to the City and are consistent with the proposed development as shown on the Plan and as are consistent with the Development Order adopted by the City as Ordinance No. 3205-83 of which this amended agreement is a part, shall be expeditiously processed by the City. B - 2. 4. Parkland Dedication. The City's parkland dedication requirement shall be satisfied in full upon the payment by,the Developer to an independent trustee designated by the City of the sum of $600,000.00, such payment to be made within five (5) days following the effective date of the Development Order. This sum shall be invested in an interest bearing account as directed by the City-with'the interest to accrue to the benefit of the City. The developer shall exercise its-best efforts for a period of twelve (12) months from the effective date of the Development Order, to locate and acquire, upon terms mutually acceptable to the Developer and the City, a recreational facility acceptable to the City in the City's sole discretion. In the event that Developer is successful in contracting for the acquisition of such 'a facility, then the City shall authorize the trustee to disburse so much of the funds held by it as may be necessary to close the acquisition contracted for by the Developer for conveyance to the City. The balance of the funds held by the trustee, if any, shall be paid over to the.City. The City may, in its sole discretion, choose to assume any mortgages that may encumber such a facility, or contribute toward the purchase price of such a facility, or both. At any time prior to the Developer contracting for acquisi- tion of such a facility upon written notification by the City to the Developer and the trustee, the trustee shall promptly pay over to the City the funds, including interest, held by it. Upon the earlier of (i) twelve (12) months from the effective date of the Development Order, (ii) the consummation of the acquisition of such a facility or (iii) the payment to the City of the funds held by the trustee, the Developer shall be relieved of any further obligation under this paragraph. t B - 3. In the event that the Developer is not successful in contracting for the acquisition of an acceptable recreation facility within 12 months, the sum of $600,000 plus interest shall be paid over by the Trustee to the City. Prior to approval of the preliminary site plans for Phases II and III of Park Place, the City shall prepare a report describing the recreation lands and facilities or open space lands which have"been acquired with the funds provided by the Developer, as well as any unex- pended balance of the funds or interest that has accrued. In consideration of transportation needs in the Project area, the City Commission may elect to use any unexpended parkland monies to-support improvements to the transportation system provided that a minimum of $240,000 (which equates to four (4) percent of the purchase price of the Project Property) be expended for public parkland/open space purposes. 5. Land Use Designation and Zoning. Upon annexation of the Annex Property into the City, the Land Use Plan designation and Zoning Atlas category for each phase thereof shall be as set forth in the annexation, land use plan and zoning ordinances respectively. The portion of the Project Property already within the City's limits shall continue with the same Land Use Plan designation and Zoning Atlas category as in effect on July 15, 1982. Nothing herein shall preclude the subsequent amendment of the Land Use Plan or Zoning Atlas categories or the applicable requirements thereunder, except that development shall be entitled to proceed in accordance and consistent with the specific authorization of the Development Order and the City Code of Ordinances in effect at the time of application for final site plan approval. 6. Utilities Service. (a) Sewer. According to Developer's proposed phasing schedule for the proposed development, average daily seder service requirements, by Phase and cumulatively, will be as follows: B - 4. PHASE RETAIL (MGD) OFFICE (MGD) TOTAL (MGD) I .023 .037 .060 II 0 .024 .024 III 0 .022 .022 TOTAL .023 .083 .106 Because of the magnitude of the proposed development and the length of th-e term over which it will be in process, City and Developer recognize the need for maximum certainty regarding the availability of sewer service for the proposed development. The City at its cost shall provide sewer service along U.S. Highway 19, Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue adequate and available fo,r use to serve the Project Property. (b) Water. W.ater service is available to the Project Property from water lines along U.S. Highway 19, Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue. The projections of average daily water demand, by Phase and cumulatively, based.on the Developer's proposed phasing schedule for the project are as follows: PHASE RETAIL (MGD) I .023 II 0 III 0 TOTAL .023 OFFICE (MGD) .037 .024 .022 .083 TOTAL (MGD) .060 .024 .022 .106 The sizes of the water lines presently in place are sufficient to service the above described estimated water needs of the proposed project. (c) Natural Gas. The City shall at its expense install a natural gas distribution system serving the Project Property where such installation expense can be recovered within a reasonable time based upon projected revenues to be generated by such system. Where gas mains are not located within dedicated rights-of-way or easements, easements shall be provided by Developer for said mains at no expense to City. B - 5. 7. Roads and Signs. If Developer constructs roads on the Project Property in general conformance with the design shown on Exhibit "D" of the Development Order and in locations and to specifications acceptable to the City, then City shall accept any such road dedicated by Developer to the public or the City. Developer agrees that if such roads are dedicated, it will agree to maintain all median areas and shall provide reasonable liability insurance to City with respect to such medians. City recognizes the unique nature of the proposed development and agrees that business identification signs otherwise consistent with City sign regulations. and subject to site plan review requirements, including sign size, design, and location, may be placed and maintained-within publicly dedicated right-of-way so long as no danger to vehicular or pedestrian traffic is imposed thereby . 8. Access Easement. Upon annexation of the Annex Property, the City shall by separate instrument reasonably satisfactory to Developer, grant to Developer, its successors, assigns, guests and invitees, a right-of-way easement in a location and of a design reasonably acceptable to City for ingress, egress, and utilities over and under the real property described on Attachment 3. attached hereto. The term of such easement shall be the maximum permitted by law. The relocation and adjustment of existing facilities within said easement shall be at Developer's expense. 9. Access to Out Parcels. The City agrees not to prevent the right of ingress and egress to the out parcels fronting on State Road 60 provided that a maximum of two (2) points of ingress and egress to State Road 60 shall be permitted east of the main project entryway and a maximum of two (2) points of ingress and egress to State Road 60 shall be permitted west of the main project entry. 3 - 6. 10. Development of Regional Impact. Developmnent of the Project Property constitutes a DRI as defined in Florida Statutes, Chapter 380. The City agrees that compliance by the Developer with the provisions of Chapter 380 is in addition to and complimentary to the initial Community Impact Statement ("CIS") prepared for the Project Property by the Developer. The DRI process, contt-ituting a more comprehensive and complete eva.l.uation of project impacts, supplants and supersedes the CIS wherever the two may be inconsistent and precludes the necessity of submitting any additional CIS for each phase or tract of the project. 11. Remedies. The parties recognize that damages for a breach by either party of the terms of this Agreement or the Development Order may be difficult or impossible to ascertain. The parties further recognize that there may be no adequate remedy at law for any such breach. Accordingly, the parties agree that either mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary and permanent) is an appropriate remedy.in the event of breach, whether actual or anticipatory, of this Agreement or the Uevelopment Order. In the event of any litigation arising out of this Agreement or the Development Order, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees. 12. Effective Date and Term. This Agreement shall be effective upon its execution by the City and the Developer. This Agreement shall be in effect for twenty (20) years following the effective date of the Development Order. 13. Binding Agreement. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. B - 7. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY F CLEARWZam , F nDA AtttL Byi t erc gger C ounter- signature or- omrni ssi her Approved as.-to__form and correctness. Tty ttorney "CITY" Witnesses: MDC ASSOCIATES 81-A. LTD., a Georgia limited partnership 072-4-1-4 1. L W V '7 ?97, &Ji(o ?zl -- 4. By: General Partner "DEVELOPER" R E 3 1 . 2 7 B - 8. NORTH PARCEL DESCRIPTION: Begin at the northwest corner of the N.E. 1/4 of the N.W. 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S. 89°-56'-11" E., 1312.06 feet; along the north boundary of said N.E. 1/4 of the N.11. 1/4 of Section 17, to a point on the west right-of-way line of Hampton road - County Road No. 144; thence S. 00°-19'-21" E., 1333.85 feet, along said west right-of-way line to a point on the south boundary of the N.E. 1/4 of the N.W. 1/4 of said Section 17; thence S. 89°-54'-49" W., 1328.31 feet, along the south boundary of the N.E. 1/4 of the N.W. 1/4 of said Section 17; thence N. 00°-22'-28" E., 1337.33 feet, along the west boundary of the N.E. 1/4 of the N.W. 1/4 of said Section 17, to the Point of Beginning. Containing 40.477 acres, more or less. SOUTH PARCEL DESCRIPTION: Commence at the southeast corner of the N.W. 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go N. 00 -191-21" W., 330.00 feet, along the east boundary of said N.W. 1/4; thence S. 89°-46'-41" W., 33.00 feet, to a point on the west right-of-way line of Hampton Road-County Road No. 144 for a Point of Beginning; thence S. 89°-46'-O1" W., 1998.14 feet, along a line 330.00 feet north of and parallel to the south boundary of said N.W. 1/4 of Sect dion 17; thence N. 01°-04'-04" E., 229.92 felt; thence S. 89 -46'-01" W., 198.49 feet; thence N. 00 -52'-21" E., 554.70 feet; thence S. 89 -84'-49" W., 174.94 feet; thence N. 00°-53'-42" E., 125.02 feet, to a point on the north boundary of the S.W. 1/4 of the N.W. 1/4 of said Section 17; thence N. 89°-54'-49" E., 2349.30 feet, along the north boundaries of the S.W. 1/4 and S.E. 1/4 of said N.W. 1/4 of Section 17, to a point on the west rioght-of-way line of Hampton Road-County Road No. 144; thence S. 00 -191-21" E., 1003.86 feet, along said west right-of-way line, to the Point of Beginning. Containing 49.496 acres, more or less. - ATTACHMENT 1 B - 9. DESCRIPTION: Commence at the southeast corner of the N.W. 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S. 89°-46'-O1" W., 660.00 feet, along the south boundary of said N.W. 1/4 (centerliSe of Gulf-to-Bay Boulevard - State Road No. 60); thence N. 00 -191-21" W., 50.00 feet, to a point on the north right-of-way line of Gulf-to-Bay Boulevard; for a Point of Beginning; thence, following said norV right-of-way line, S. 89 -461-01" W., 58.49 feet; thence N. 00 -131-59" W., 10.00 feet; thence S. 89°-46'-01" W., 1319.21 feet; thence, leaving said north right-of-way line, n. 01°-04'-04" E., 270.07 feet; thence N. 89°-46'-01" E., 1371.13 feet, along a line 330.00 feet north of and parallel to, the south boundary of said N.W. 1/4 of Section 17; thence S. 00°-19'-21" E., 280.09 feet, to the Point of Beginning. Containing 8.533 acres, more or less ATTACHMENT 2 B - 10. This property is the City well site property fronting on U.S. Highway 19 service road north of State Road 60. An accurate legal description mutually acceptable to City and Developer shall be prepared and substituted for this Attachment 3. ATTACHMENT 3 B - 11. EXHIBIT "C" APPLICATION FOR DEVELOPMENT APPROVAL, AS AMENDED, AND TRAFFIC SUPPLEMENT C - 1. 1 r -- IC TEW OFFICE OF PLANNING DEPARTMENT September 12, 1983 C I T Y OF C L E A R W A T E R POST OFFICE 80X 4748 CLEARWATER, FLORIDA 33518 Mr. John DeGrove, Secretary State of Florida Dept. of Community Affairs 2571 Executive Center Circle, East Tallahassee, FL 32301 Re: Park Place (Metro Development Corporation) Development of Regional Impact Dear Mr. DeGrove: Please find enclosed for your information and records one executed copy of the Development Order issued by the City of Clearwater for.. the above referenced Development of Regional Impact project pursuant to Chapter 380.06, Florida Statutes. Also attached for your information, are the corresponding letters of transmittal forwarding copies to the Tampa Bay Regional Planning Council and the Developer. If you have any questions or if any additional information or follow-up is necessary with respect to the filing of the Development Order, please contact me. Sincerely, AD avid P. Healey, Planning Director DPH/dw Attachments cc: Mr. William Ockunzzi, Tampa Bay Regional Planning Council Mr. Tim Johnson, Metro Development Corporation "Equal Employment and Affirmative Action Employer" OFFICE OF PLANNING DEPARTMENT September 12, 1983 C I T Y OF C L E A R W A T E R P O S T O F F I C E 6 0 X 4748 CLEARWATER, FLORIDA 33516 Mr. Tim Johnson Johnson Blakely, Pope, Bokor & Ruppel, P.A. 911 Chestnut Clearwater, FL 33516 Re: Park Place (Metro Development Corporation) Development of Regional Impact Dear Tim: Please find enclosed for your information and records, one executed copy of the Development Order issued by the City of Clearwater for the above referenced Development of Regional Impact project pursuant. to Chapter 380.06, Florida Statutes. Also attached for your information, are the corresponding letters of transmittal forwarding copies of same to the State of Florida, Department of Community Affairs and the Tampa Bay Regional Planning Council. It is your responsibility to record a Notice of Adoption of a Development Order in the Circuit Court pursuant to Section 380.06 (c) (5) (d), Florida Statutes. Please provide the City of Clearwater with a copy of that Notice. If you have any questions or if any additional information or follow-up is necessary with respect to the filing of the Development Order, please contact me. Sincerely, David P. Healey Planning Direcf DPH/dw Attachments cc: Mr. John DeGrove, State of Florida, Department of Community Affairs Mr. William Ockunzzi, Tampa Bay Regional Planning Council "Equal Employment and Affirmative' Action Employer" ORDINANCE NO. 3287-83 AN ORDINANCE OF THE CITY OF CLEAR WATER, FLORIDA, AMENDING ORDINANCE NO. 3205-83 TO CLARIFY AND REVISE COMMITMENTS RELATIVE TO TRAFFIC IMPROVEMENTS AND TO CLARIFY THE RIGHTS OF THE TAMPA BAY REGIONAL PLANNING COUNCIL TO APPEAL, RENDERING A DEVELOPMENT ORDER PURSUANT TO CHAPTER 380, FLORIDA STATUTES, ON AN'APPLICATION FOR DEVELOPMENT APPROVAL FILED BY METRO DEVELOPMENT CORPORATION FOR PARK PLACE, A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FINDINGS OF FACT; PROVIDING CONCLUSIONS OF LAW; ENUMERATING THE CONDITIONS OF THE DEVELOPMENT ORDER; PROVIDING FOR ADMINISTRATION OF THE DEVELOPMENT ORDER; PRO- VIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; DECLARING THAT A PUBLIC EMERGENCY AFFECTING THE WELFARE OF THE CITIZENS OF THE CITY OF CLEARWATER EXISTS; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, on September 1, 1983, the City Commission passed on second and final reading and adopted as amended Ordinance No. 3205-83 (a copy of the Ordinance less exhibits is attached hereto as Exhibit AA-1); and WHEREAS, under the provisions of Section 380.06, Florida Statutes, said Ordinance was deemed rendered on September 13, 1983; and WHEREAS, the Tampa Bay Regional Planning Council has expressed concerns over certain provisions in said Ordinance; and WHEREAS, the purpose of this Ordinance is to address the concerns of the Tampa Bay Regional Planning Council by amending Ordinance No. 3205-83; and WHEREAS, the City Commission has reviewed and considered the testimony and evidence of each party and members of the general public at a duly noticed public hearing; and WHEREAS, the project encompassed by this amended order will have an ascertainable impact on the economy of the City of Clearwater, increasing its tax base and producing additional jobs; and WHEREAS, an emergency exists within the City of Clearwater in that it is necessary to implement this order without further delay, thereby promoting the welfare of the citizens of the City of Clearwater; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following amendments to Ordinance No. 3205-83 are hereby made: Section 1, Introduction - No changes. Section 2. Findings of Fact - A. Subsection 4. G. is amended to read as follows: "G. This project will yield substantial negative impacts on the existing road system established and maintained by the City, Pinellas County and the State of Florida; which road system does not at present operate in all cases at a desirable level of service ("LOS"). B. All of subsections 2. H. , 2. I. , 2. J. and 2. K. on pages 5, 6 and 7 shall be deleted in their entirety. Subsections 2. L. , 2. M. , 2. N. , 2.0. and 2. P. shall be redesignated as subsections 2. H. , 2, I. , 2. J. , 2. K. and 2. L. , respectively. In addition, new subsection 2. L. (old subsection 2. P. ) is amended to read as follows: "L. The City has established land development regulations, including zoning, approval of building permits, site plan review and subdivision regulations, and pursuant to these land development regulations, has the necessary and adequate authority to monitor, administer, and enforce the provisions of this Order. " Section 3. Conclusions of Law - No changes. Section 4. Order - A. The first line of subsection 4. C. 2 on page 10 is amended to read as follows: 112. The Project phases shall be defined as follows:" B. Subsections 4. E, 4. F. and 4. G. on pages 12, 13, 14, 15, 16, 17, 18 and 19 are deleted in their entirety. C. New subsection 4. E. as set out below is inserted: "E. Prior to the approval of the initial final site plan for Phase I, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost of s construction of the transportation improvements. 1. At the U. S. 19/S. R. 580 and U. S. 19/ Countryside Boulevard intersections construct a grade-separated interchange. This improvement is currently programmed in the Pinellas County MPO Transportation Improvement Program (construction to start in FY 1986-87). 2. At the U. S. 19/Drew Street intersection, reassess the existing green time signal phasing. This reassessment is to be done by the City within the 1983-84 work program of the Traffic Engineering Department of the City. 3. At the U. S. 19/Roosevelt Boulevard intersection, construct a grade-separated interchange. This improvement is currently programmed in the Pinellas County MPO Transportation Im- provement Program (construction to start in FY 1985-86). 4. Construct access points to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4. Z. , the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 5. At the S. R. 60/Clearva ter Mall Drive II intersection con- struct two eastbound to northbound exclusive left turn lanes. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4. Z. , the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. The City commits that it will let for bid these improvements no later than twelve (12) months from the effective date of this Order with a scheduled construction completion date no 3 } later than twenty-four (24) months from the effective date of this Order. 6. Install or renovate, as appropriate, traffic signals at the south project entrance and S.R. 60 and at Hampton Road and S.R. 60. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 7. Construct an exclusive left turn lane on S.R. 60 approach and an additional through lane in each direction on S.R. 60 at its intersection with Hampton Road. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 8. Construct additional lanes on State Road 60 from U.S. 19 to McMullen-Booth Road. This improvement is currently programmed in the Florida Department of Transportation Five- Year Work Program with construction scheduled to start in 1986-87. 9. Construct additional lanes on Sunset Point Road from Keene Road to U.S. 19. This improvement is currently programmed in the Pinellas County MPO Transportation Improvement Program with construction scheduled to start in 1986-87. D. New subsec tion 4.F. as set out below is inserted. '$F. Prior to the approval of the initial final site. p lab for Phase :I, funding commitments -or 4 construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative., the Developer shall assume the financial responsibility for its proportionate share of the construction of the transportation improvements. 1. At the U.S. 19/Drew Street intersection construct a grade-separated interchange. In lieu of the funding commitment or the proportionate share of the construction cost, the following commitments may be made: a. Extend Druid Road between Belcher Road and Edenville Road. The completion of this improvement will provide a parallel reliever access for State Road 60 and Drew Street. The City is committed to this improvement in its 1983-84 work program. b. Extend and widen Drew Street as a four-lane divided link (four through lanes and turn lanes as are appropriate) between U.S. 19 and McMullen-Booth Road. Construction of Drew Street `rom Hampton Road east to McMullen-Booth Road as a two-lane road is currently programmed in the Pinellas County MPO Transportation Improvement Program with construction scheduled to start.in 1983-84. It is acknowledged that the foregoing- extension of Drew Street that is- programmed by Pinellas County MPO will not satisfy the need for a =our-lane divided link between U.S. 19 and .McMullen-Booth Road. The City has assumed the responsibility for those 5 improvements beyond those committed and programmed in the Pinellas County MPO Transportation Improvement Program. C. Pursuant to subsection 4.D, the Developer shall be responsible for the cost of the right-of-way and construction of the ingress and egress to and from the south through M&B 21, 21-1 and 22-1. This ingress and egress will be located so as to maximize the use of Druid Road via Sky Harbor Drive and Seville Boulevard (around the perimeter of the Clearwater Mall). d. Prior to the issuance of the first certificate of occupancy for Phase II, the Developer shall provide up to $125,000 to the Florida Department of Transportation for the construction plans of the U.S. 19/Drew Street grade-separated interchange. These funds shall be provided in order to obtain a commitment for the construction of the U.S. 19/Drew Street grade-separated interchange during Phase III. 2. At the U.S. 19/S.R. 60 intersection, construct an eastbound to southbound exclusive right turn lane and in the eastbound and westbound directions construct one additional exclusive left turn lane. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of this improvement. 3. At the U.S. 19/3elleair Road intersection, construct an eastbound to southbound exclusive right turn lane. Pursuant to 6 subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of this improvement. E. New subsection 4.G. as set out below is inserted. "G. Prior to the approval of the initial final site plan for Phase III, funding commitments for construction from the governmental entities responsible for construction of the following transportation improvements shall be made or, in the alternative, the Developer shall assume the financial responsibility for its proportionate share of the cost of construction of the transportation improvements. 1. At the U.S. 19/Belleair Road intersection, convert the exclusive right turn lane into a combination through and right turn lane in each direction on U.S. 19, and construct an exclusive eastbound to southbound right turn lane on Belleair Road. The through lanes shall continue to the next intersection or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of these improvements. 2. At the Belcher Road/Sunset Point intersection, construct exclusive right turn lanes on all approaches, and construct additional through lanes in each direction on Sunset Point Road. The through lanes shall continue to the next intersection or some _ logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of these improvements. 3. At the Belcher Road/S.R. 60 intersection, construct an additional through lane and additional exclusive left and right turn lanes on all approaches. The through lanes shall be continued to the next intersection or some logical terminus in accordance with proper design practice. Pursuant to subsection 4.Z., the Developer shall pay its proportionate share of the cost for construction of these improvements. 4. Construct additional access to Park Place on Hampton Road as needed. Exclusive turn lanes and a traffic signal(s) may be needed. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall pay the total cost of these improvements and the City shall assume the responsibility for constructing these improvements. 5. On McMullen-Booth Road, construct additional lanes from S.R. 60 to Sunset Point Road as is currently programmed in the Pinellas County MPO Transmortation Improvement Program (construction to start in FY 1984-85). 6. Install and/or relocate additional traffic signals in the project area at Drew Street and the north project entrance, Drew Street and Hampton Road, the two south project entrances and State Road 60, and State Road 60 and Hampton Road. These improvements are to be made in phases as is appropriate, but in their entirety by Phase III. The cost of these improvements shall be the sole responsibility of the Developer. Pursuant to subsection 4.Z., the Developer shall may the total cost of these improvements and the Citv 8 shall assume the responsibility for constructing these improvements. 7. Expand Hampton Road to a two-lane divided link (two through lanes with turning lanes as appropriate) from State Road 60 to Drew Street in phases related to points of access on Hampton Road, but in its entirety by Phase III. The cost of this improvement shall be the sole responsibility of the Developer. Pursuant to subsection 4. Z. , the Developer shall pay the total cost of these improvements and the City shall assume the responsibility of constructing the improvement. 8. At the U. S. 19 /Sunset Point Road and U. S. 19 /Coachman Road intersections construct grade separated interchanges, pro- vided, however, such facilities shall not remain a condition of approval.if TBRPC's transportation policies are amended or the Developer, at the initiation of Phase III, agrees to prepare and submit traffic condition information documenting that the improve- ments are no longer necessary to mitigate regional impacts. F. The second sentence of subsection 4. I. 6, on page 21 is amended to read as follows: "The monitoring methodology shall be based on generally accepted traffic engineering practice reasonably acceptable to the City and consistent with the methodology in the ADA. " G. New subsection 4. Z. as set out below is inserted. "Z. Under subsections 4. E., 4. F., and 4. G. the Developer shall contribute to the City its proportionate share of the cost of construction of certain traffic improvements. Concurrently with the certification of the initial final site plan for each phase, the Developer shall pay to the City the following listed principal amounts plus interest for each of the listed phases: Phase I: $247,383 Phase II: $222,451 Phase III: $160,942 Said payments are calculated to be adequate to cover the Developer's proportionate share of the future cost of the designated road improvements, including inflation. Interest on the principal 9 sum for each phase shall accrue from the effective date of this Order and interest shall be computed at a rate of ten (10) percent per annum beginning with the effective date of this Order. Pavment of the foregoing monies shall constitute the final and complete payment of the Developer's proportionate share for any and all off-site transportation improvements related to the Project, except as otherwise provided herein. The City agrees that it will utilize all of the funds paid by the Developer pursuant to this subsection for traffic improvements in the Project's impact area with emphasis on those improvements identified by the TBRPC's report. H. The original Exhibit "E", which lists the projects wholly or partially funded by the Developer, is deleted in its entirety and is replaced by the new Exhibit "E" attached hereto as Exhibit AA-2. Section 5. Administration - A. Subsection S.A. on page 26 is amended to read as follows: "The Developer shall submit an annual report on the DRI to the City, the TBRPC, the Southwest Florida Water Management District, and the State Land Planning Agency on the anniversary of the effective date of this Development Order for each following year until and including such time as all terms and conditions of this order are satisfied or same has expired by its term, whichever is earlier. Such report shall be submitted for review by the City Commission to insure compliance with the terms and conditions of this. Order. The Developer and TBRPC shall be notified of any City Commission meeting wherein such report is to be reviewed, provided, however, that receipt and review by the City Cc=ission .0 shall not be of any terms Order. Each B. Subsection 5.C on its entirety. As Exhibit F is also considered a substitute or a waiver and conditions of the Development report shall contain:" pages 28, 29, 30 and 31 is deleted in a result of deleting subsection 5.C, deleted. C. New subsection 5.C. as set out below is inserted. "C. Pursuant to the terms and conditions of this Development Order adopted pursuant to Section 380.06, Florida Statutes, the City will issue numerous permits and approvals for the various phases of this Project. It is acknowledged that under Section 380.07, Florida Statutes, the Tampa Bay Regional Planning Council has the right to appeal to the Florida Land and Water Adjudicatory Commission any deviation from or amendment to this Ordinance. Section 6. Plan Conformitv - No changes. Section 7. Interpretation - Section 7 on page 34 is amended to read as follows: "Section 7. Interpretation - Completion of scheduled or actual improvements delayed or prevented by extraordinary circumstances outside of the City's control, such as acts of God, shall not be considered a breach of this Order. In the event of any such delay the City shall notify the Developer and TBRPC. Acceptance by the City of funding contributions specified in this Order shall not relieve the Developer of meeting and satisfying the other applicable terms of this Order. Said acceptance by the City shall not preclude the City from amending its land development or building requlations applicable to this Project so long as said amendments are not administered in a :canner inconsistent with this Order." Section 8. Recealer - No changes. Section 9 Separability - No changes. 11 Section 10. Notice - No changes. Section 11. Effective Date - No changes. Section 2. This ordinance is adopted as an emergency ordinance pursuant to Section 166. 041, Florida Statutes, and the Clearwater City Charter. Section 3. It is hereby found, determined and declared that this ordinance is necessary and needed for the welfare of the citizens and inhabitants of the City of Clearwater, Florida, in that passage of this ordinance is necessary in order to provide implementation of this order without further delay thereby furthering the economic well being of the City of Clearwater and by reason of such fact an emergency is hereby declared; and that this ordinance shall be in full force and effect immediately upon its passage. This ordinance shall automatically expire ninety (90) days from the date of its passage unless the ordinance is submitted during such time for consideration as a non-emergency ordinance. PASSED ON FIRST READING October 20, 1983 AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED October 20, 1983 /s/ Kathleen F. Kelly Mayor-Commissioner - Attest: /s/ Mary Sue Lamkin DeputyCity Clerk 12 (E X1 I I B I T AA %7) A EXHIBIT "E" ?IWF-q9w I - "I - I Road Improvements, To Be Wholly Or Partially Financed by Park Place TOTAL (T) OR PHASE IMPROVEMENT PARTIAL (P) FUNDING I S.R. 60/Mall Drive, turn T lanes I Traffic Signal, S. project T entry I Traffic Signal, Gulf-to- T Bay at Hampton I Gulf-to-Bay at Hampton, T turn lanes II Extend and widen Drew Street, P U.S. 19 to :McMullen-Booth Road as provided in subsection 4.F.l.b. II U.S. 191S.R. 60, P subsection 4.F.2. improvements II U.S. 19/Belleair Road, P subsection 4.F.3., improvements II Belcher/Sunset Point Road, P subsection 4.G.2. improvements Ili Widen Hampton, f_om S.R. 60 T to Drew III Traffic signal, Drew and T Hampton =II Belcher Road at S.R. 60,. P subsection 4.G.3. improvements III U.S. 19/Belleair Road, P subsection 4.G.1., improvements Amount of Park Place Contribution, By Phase: PHASE I = $247,383 PHASE II = 222,451 PHASE III = 160,942 TOTAL = $630,776 (plus interest) ?YH