Loading...
09/25/197309/25/1973 1160 GULF BLVD SHERATON INN SAND KEY ~ -~h~co:~c~ ~ The Northerly 408.21 t:ey)_bei ng a portion East, Pinellas Count follows: EXHIBIT B LEGAL DESCRIPTION { - feet of Parcel D (also known as <.Site` V,% Sand t of Section 17, Township 29 South ,'Range 15"- y, Florida, more particularly described as For a point of reference commence at the Section corner common to Sections 17, 18, 19 and 20 of said Township and Range, as now established as having the coordinates (based on the Pinellas County Grid System) of North 16500.72, East 31452.98; thence run N89°10'31"E, along the Section line dividing said Sections 17 and 20, a distance of 843.47 feet to an intersection with the center- line of Gulf Boulevard (State Road No. 208) as now established as a 100 foot right of way; thence S42°13'31"W alon~ said centerline a distance of 263.93 feet to a point; thence N47 46'29"W, a distance of 50.00 feet to the Northwesterly right of way line of said Gulf Boulevard; thence run N42°13'31"E, along said Northwest- erly right of way line, a distance of 241.79 feet for the point of Beginning; thence continue ~~42°13'31"E along said right of way a distance of 408.21 feet; thence run N47°46'29"W, a distance of (776.5 feet more or less deed) (1391 feet more or less field) to the mean high water line (elevation 1.2 feet N.G.V.D. dated 9/23/87), of the Gulf of Mexico; thence run Southerly along said mean high water line a distance of 475 feet more or less to a point that lies N47°46'29"W, and 1149 feet more or less distant from the Point of Beginning; thence run S47°46'29"E, a distance of 1149 feet more or less to the Point of Beginning, containing 11.9588 acres more or less. SSK1:42 -.,: - ._ ~. ~ ~ A l..Vl:YVJ11L' LAfiiJ~ i ~. i,cVEIl~PER CCt~iI'II~'I5 The folla.~ing are developer cutmitments set forth in the Application for Development Approval (ADA) and Sufficiency Responses which shall be Honored by the developer, except as they may be superseded by specific terms of the Development Order. 1. As proposed, there will be approximately 300 feet of beach bet-~.~een the mean high water line and the nearest structure. (Page 17-1, AIY~ *) 2. The developer will meet all applicable design and safety measures required by the City of Clearwater. (Page 1-18, SR **) 3. There will be no inversion fran hotel r~octns to residential units during the renovation of the existing hotel stivcture. (Page 1-1, SR) 4. E~cisting, and future, accreted beach lying seaward of the proposed dune system will be available to both the general public, hotel guests and residents. (Page 1-22, SR) E,NVIROt~F~NTAI~AND~TURAL RESOCJRCES B.~r 5. Wind erasion control will be acccng~lished through watering of the soils and sodding, if necessary. (Page 14-2, ADA) ~~ 6. No significant clearing or grading of soils is proposed. (Page 14-2, ALA ) 7. To prevent soil erosion during and after construction, hay bales and sediment traps will be irr~lemented. The area surround_~ng new instruction will be landscaped, as soon as practical. (Page 1-10, SR) 8 . Soil erosion and se:iiment control measures identified in the AI]~ and sufficiency will be in place at the initiation of a~nstruction. (Page 2-10, SR) ~~ 4. All storrrr~ater will be treated pursuant to the requirements of Chapter 40D-4, F.A.C. (Page 15-1, AI1~) 10. The first three-quarter inch of runoff will be treated by either filtration system, natural percolation, or both, as required by SWF~ Chapter 40D-4 and Section 17-25 F.A.C. (Page 1-11, SR) 11. The retained volumes of storrrr.~ater runoff will be treated within the detention area. (Page 22-2, ADA) Fl~lains J 12. To Gr-,.sensate for potential floes haza..rds, all F=~-s+ an3 City of Clec?TLJatcr on.^1nO°_~ing ai7C1 C~:lst'~-LlC'.~lOn 5~~=''~1Catloi?~, rElevc..rl`.. :.G construction in the 100 .year flood zone, will b° adhered to. (Pane 17- 1, AIYa ) 13. All permanent habitable structures will be instructed above the designated base flood elevation. (Page 17-1, ADA) 14. By virtue of the proposed project's footprint being partially seaward of the CCCL, the entire major habitable structure will be construc~~ed in accordance with the design standards required by Chapter 161.053 F.S. and Chapter 16B-33 F.A.C for oonstn~ction seaward of the CCCL. (Page 1-12, SR) 15. The hotel will follaa all instructions (regai-d.ing hu~*-ricane evacuation) established by the City of Clearwater. (Page 1-12, SR) '~ y~s`e-~ca~ a.*~d F~chaeological Sees 23. If, in fact, archaeological resources are found during project construction, the applicant agrees to report such findings, to determine their significance, with the Division of Archives and the City of Clearwater. (Page 19-1, AL14) ~LIC FACILITIES 24. The retention/detention pond will be designed to ~ntain the runoff from a 25-year, 24-hour storm event for post-develognent conditions, while limiting peak discharge rates to the 25-year event under existing conditions, in accot~ance with SWF4~ 40D-4 Regulations and the City of Clearwater Storm Drainage Criteria. (Page 1-18, SR) 25. This system will be designed with sufficient capacity to treat discharge, and the required storage, within a maximum retention time of 72 hours as set forth in Chapter 17-25 F.A.C. (Page 22-2, A.IaA) 26. The detention area will bP designed to co=Main the runoff from 25- year, 24-hour storm event for post-develognent conditions, while limiting peak discham~e rates to the ::5-year event under existing conditions. (Page 22-1, ADA) 27. The botta-n of the pond will be at +4.5 elevation with a maximum of 2' depth. (Page 1-18, SR) 28. This pond will also be designed to treat the first 3/4 inch of runoff from the respective tributary area.' Treatment will be provided by percolation. (Page 22-1, AL1~) 29. Detention areas will be incorporated into the dune system, and be desicmed to control the rate of aatflow, and inmound specified volumes of sto~aater for treatment and storage to meet Chapter 40D-4 and 17-25 F.A.C. (Page 22-1, AII~1) 30. All new irr¢n_rvious surface will canply with the s~rrrr~ater management requirements of Chapter 40D-4 and 17-25, F.A.C. (Pane 15-2, AII~) 31. A11 infla.o and outflaa stn:ctures will be designed to prevent erosion, scour and washouts. .(Page 22-1, AIW) 32. All on-site systems, structures, and detention areas will be r~intained by the Omer. (T.'aae 22-2, ALFA) ~I] °~' 33. Energy conservation features for the buildings will include: high efficiency insulation, in walls and roofs of the buildings; - twin glazing for insulation at windows, if the calculations indicate that .utilization of this feature will, in fact, save energy for a specific building; - high-efficiency central air-conditioning ~uianent; - heat recz~vered from air-conditioning chillers will be used-' for heating, and a~nestic hot k•ater; and - aici tal controls, and a microprcx~essor, wi 11 b° per`".: o` a to`.al energy management system, to achieve efficient operation of all energy consuming environmental systems, including control of the lighting and NVAC systems. (Page 1-21, SR) g~reation and OQen Sbace 34. The recreation facilities on-site will be maintained by the ormers. (Page 27-1, ALIA) 35. Of the 11.96 acres, approximately 3,0 acres of recreational and open space are to be provided on site. (Page 27-1, ADA) . ~ ~},,` ,, ~ .w. ,~: : ~ ~ . 'r:k YY..Y ~,., , .4+"'1' a ,, , ;~.1`~' >,. ~:.~. r~ ~.~ ,. ~~ ~; ~; ,. ` ~~ ~_ ,~~~'' M.a - qy.. .!~^,~V ~~.\I4'1 {~ \. \': ~ - / 6 ~y~~, ~,`~ r 't" ~~°/ '~`~ ., ~n ~~ (I ~,1 '~`'~ CL~`;~ ~. ,I~: ~i~`~i. ~ ~. I,,Ir~ A.'i ~; w twr ~, ,, '~ \J` ~\~ III . ~ ,~ ~~ PRELIMINAflY MASTER SITE PLAN ~~~~.~-~ '""" ""~ ~SANDhrI'-~~S~I~TI-IOTCL. ~ ~psa.... ,.1,~`, '1 .~ ~..~, ,, , .~ ~ ~~ , .,, ~,~ ~~ ~.~ . ;;,- `... r` ~~.;. C I TY :~ OF CLEARWATER Interdepattm,ental Correspondence Sheet w T0: See List FROM: Paula Harvey, Acting Director, Planning and Developmen ~~ SUBJECT: Development Order - Sheraton Sand Key Expansion DATEa February 8, 1'9$9 w ; ~, Attached i.s a copy of the Sheraton Sand Key Expansion Development Order as adopted b~ the City Commission on January 19, 1:989. The order is subject to appeal, however, we must assume at this point that the development will proceed i.n compliance with the attached order. Exhibit A of the order has not been duplicated for your files although a copy is available in this department if you wish to refer to it. .Exhi-bit A is the DRI application and sufficiency responses of the applicant. Please file the attached in your office for reference when reviewing development plans which will be submitted in the future. PH/jm Attachments DISTRIBUTION: Vic Chodora, Acting Building Official Sandy Glatthorn,_ Planner II Ray Wyland, Plan Review Technician Keith Crawford, Traffic Engineer Robert Brumback, Utilities Cecil Henderson, (2) Engineering & Environmental- Nick Lewis, Fire Marshal Ream Wilson, Parks and Recreation ORDINANCE NO. 47701,89 AN ORDINANCE OF THE CITE. OF CLEARWATER, FLORIDA, CONSTITUTING A DEVELOPMENT ORDERJFOR _ ~---- THE~~`SHERATON---SAND--KEY_" RESCJRT EXPANSION,; A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 19, 1987; the Grand Couloir Corporation (the "Developer") filed'. an Application for Development Approval (which together with, later filed sufficiency responses is hereafter referred to as the "ADA") for a Development of Regional Impact ("DRI") with the City of Clearwater ("City"), the Florida Department of Community Affairs ("DCA"), and the Tampa~B~y,;,,~,eg~gnal PT~anning Council ("TBRPC"), pursuant to the provisions of '. Chapter 380, Florida Statutes (1988), ("Chapter 380"); and. WHEREAS, the ADA proposes the expansion of the Sheraton Sand Key Resort (the "Development"), which expansion shall include, among other things, a new hotel and. major meeting facility to be located on a vacant 11.96 acre site adjacent to the existing Sheraton Sand Key Resort; and` WHEREAS, the City Commission finds the Development to be in the public interest in that it provides a major meeting facility, the size and nature of which does not otherwise exist in Pinellas County (the "County") and ,which facility will support the City's efforts to attract visitors and to encourage year-round recreation and tourist activities; and WHEREAS, the City Commission also finds the Development to be in the public interest in that the Development will create a signif=cant sand dune system which will provide a viable habitat for coastal flora ar.cl fauna and caill provide Si.Or:i~ p~CLeC:.iCn LOr upland p~OD2:."tl.eS 1riC.lUC'_^~~ DrO~GC~~C:~: for the County owned parkland ao the north of the Development; and ~. WHEREAS, the City Commission is the governing body of the local government having jurisdiction over the DRI and is authorized and empowered to consider ADAS and to issue development orders which permit development consistent with the ADA; and ; ~ D. The proposed Developmen:~ is not an area of critical state concern as is defined by.Chaptez~ 380. E. All development shall occur in accordance with this Order and the ADA. . F. The Development is further governed by two (2) Settlement Stipulations entered into in the Sixth Judicial Circuit of Florida, Civil Case No. 78.4765-7 and Civil Case No. 83-14905-7 ("Stipulations"), which ;. Stipulations establish development rights and responsibilities for the Development and with which this Order?is consistent. G. A comprehensive review of the impacts generated by the Development has been.'conducted by the City and the TBRPC. H. The Development is in '.:the overriding public interest. Based on the uncontraverted s~iorn testimony presented to the City by Erik J. Olsen, P.E., a recognized coastal engineering expert, the Development does not disturb all or a portion of a significant sand dune .system and, in fact, creates a significant sand dune system., which system will provide a viable habitat for coastal flora and fauna and will provide storm protection fo..r upland properties and the County owned park north of the ..Development. The sand dunes now located on the Development, site are in the early stages of formation and reloca~~ion will not cause irreparable harm to the natural beach system. The sand dunes now located on the Development site do; not constitute all or a p:~rtion of a significant sand dune: system. The newly created sand dune system p.~rovides :at least 10:1 mitigation for disturbance of the natural beach system. I. The Development will,`:occur on property wi:ich does not constitute a "beach" or "pr:eservat:on" area but is upland property which lies landwar.c3 of the newly created dune system. Development will occur='-more than 400 feet from the mean high water line. J. The Development is in~~'_the public interest in that it provides a major meeting facility within the Cit;~, -3- E. This Order is consistent with the report and ` recommendations of the TBRPC and satisfies the provisions of Section 380.06(15), Florida Statutes (.:1988). F. The Developer shall honor its commitments set forth in the ADA, a copy of which commitments is attached hereto as Exhibit "C" and incorporated.herein.. G. The sand dunes now located on the Development site are in the early stages of formation and relocation will not cause irreparable harm t:o the 'natural beach system. The sand dunes now located on the De.ve.lopment site do not constitute all or a portion `of a significant sand dune system. : H. The Development is consistent with the City's Comprehensive Plan adopted pursuant to Chapter 163, Florida Statutes (1988), the goals and policies of the Comprehensive Regional Policy Plan and the State Comprehensive Plan,. and the Stipulations. I. The Development does; not disturb all or a portion of a significant sand dune system.. J. The Development does not occur on property which constitutes "beach" or "preservation" area. K. The. Development is in; the overriding public interest based on the following factors: (1) The Development does not adversely affect the public health, safety, or welfare of the property of others, an'd, in fact, it provides protFction for upland: properties, includinc, the County owned park to the north of the Development;.. (2) The Development. will not adversely affect the conservation of fish and wildlife, including endangered or threatened species, or their habitats, but will,`, in fact, create a significant habitat fa,r sea turtles, including -5- C. All outstanding amounts .f or initial review by _. the TBRPC shall be paid by the Developer within fifteen (15) days after receipt of a proper invoice•therefor. D. Payment for any future activities of the TBRPC with regard to the Development, including but not limited to monitoring or enforcement actions, shall be~ paid to the TBRPC by the Developer in accordance with the DRI Fee Schedule in effect at that time. . E. The Developer shall subrri.it an annual report on the DRI to the City, the TBRPC and the DCA not later than sixty (60) days following the anniversary of the effective date of this Order for each year up :to and .including such time as all terms and conditions of this Order are satisfied or this order has expired by its terms,; whichever is earlier. Such report shall be submitted to the City Commission for review to ensure 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. Each report;,: shall contain (i) a description of all development activity conducted pursuant to the Order during the year immediately preceding the submission of the annual report; (ii:} a description of all Development activities proposed to Abe conducted under the terms of this .Order for the year immediately subsequent to the submission of 'the annual report; (iii) a statement listing anticipated applications for Development approvals or permits required pursuant to applicable regulations which the Developer proposes to submitih the year immediately follo;•~in the submittal of the annual report; (iv) a statement setting forth the name and address of any assignee or successor in interest to the Developer in. its capacity as a developer of the Development or any portion thereof; and (v) a statement that all persons have received copies as required by law. F. The definitions contained in Chapter 380 shall control the interpretation and construction~of the terms of this order. -~- .. N. This Order shall be deemed rendered upon transmittal of copies of this Order to the recipients specified in Chapter 380: p. The Developer shall record a Notice of Adoption of this Order pursuant to Chapter 380, and shall furnish the City Clerk a copy of the recorded notice. Section 4. Specific Conditions. .The following specific conditions, restrictions, and limitations shall apply to the Development: A. Environment and Natural Resources. 1. In order to protect and. enhance the natural values of preservation areas, which by definition include significant sand dune systems.°; no dredging, filling or .development activities shall be~allowed, without DNR approval, and as committed in the ADA. The sand dunes now located on the Development site do not constitute all or a portion of a significant sand dune system. 2. In the event that any spec_es listed in Sections 39-27.003-.005, F.A.C., are observed frequenting the site for nesting, feeding, ",, or breeding, vroper protection/mitigation measures shall be employed immediately in cooperation with the Florida Game and Fresh Water Fish Commission ("FGFWFC") and DNR. 3. Measures designed' to protect loggerhead sea turtles and Kemps Ridley sea turtles, including, at a minimum, the procedures referenced or1 pages 18-2 and 18-3 of the ADP.,. pages 1-6 and 2-11 of:~.the First Sufficiency Response, and page 2 of" the Second sufficiency Response, as well as the August 9, 1988, letter from DNR, shall be coordinated with, and approved by, the DNR Bureau of r',arine Research. These measures shall be financed, built, and maintained by the Developer, and shall be in place prior to the issuance by the City of ariy temporary or final certificates of occupancy for the Development. The temporary hatchery which currently exists on the site shall be maintained through the construction period o_ the first -9- employees who, for security or administrative reasons, are in the building after an. evacuation order is issued by (1) ordering all buildings closed for the duration of a hurricane evacuation order; (2) informing all employees and guests of evacuation routes out of the flood prone area and measures to be followed in such event; (3) assisting in providing alternative accommodation arrangements for hotel auests outside of the evacuation area; (4) assisting in providing transportation for employees and hotel guests to these alternative accommodations; and (5) making all efforts to coordinate with and inform appropriate public authorities of building closings, security and.. safety measures, and evacuation plans. The plan shall meet the requirements of Rule 9J-2.0256,. F.A.C., and shall show how the Developer will mitigate impacts on hurricane evacuation clearance times and primary pu~lic hurricane shelters. The plan shall be subject to review and approval by local emergency management officials and shall be included in the first annual report submitted after occupancy of any portion of the Development. 2. All deeds for sale and/or long-term and seasonal lease agreements of residential units and business facilities within the Development shall be accompanied by a hazard disclosure statement generally describing the possibility of damage from hurricane. storm surge. 3. There shall be no development seaward of the Coastal Construction Control Line, except as provided by Chapter 161, Florida Statutes (19.88), and as otherwise Derrnitted by t:-,~s Order . Elevations for all habitable structures shall comply with applicable federal flood insurance regulations .and, except to the extent otherwise authorized hereby, shall be at or abpve base flood elevation and shall comply with state and local coastal zone building regulations. 4. The soil conservation measures referenced on pages 14-2 of the P.DA and pages 1-10 and 2-10 of the -11- 3. Programs to reduce levels of operation of all air conditioning, heating, and lighting systems during non-business hours, or night-time, as appropriate. 4. Recycling programs for solid waste. 5. Minimize outdoor signs requiring lighting after business hours. 6. Innovative energy alternatives such as solar energy, resource recovery, waste heat recovery and cogeneration. E. Transportation. 1. The Development will have a negative ' impact on Gulf Boulevard, from Walsingham to 4th Avenue (appror.imately one-tenth of a mile). Because of the above described negative impact upon a regionally significant highway facility, approval of this Order is conditioned upon the following: a. When certificates of occupancy have been issued for 428 hotel rooms, (or the equivalent thereof in terms of trip generation) an annual monitoring program to provide peak-hour counts at the Development entrance shall be instituted to verify that the projected number of external trips for the Development are not materially exceeded. Counts will continue on an annual basis through build-out of the Development This information shall be supplied in the required annual report. If an anneal report is not submitted within thirty (30) days after its due date, or if the annual report indicates that project trips exceed assumed counts by more than 15%, the City shall conduct a substantial deviation determination, pursuant to Subsection 380.06(19), Florida Statutes (1988), and may amend this Order to change or require additional roadway improvements. The results of the study may also serve as a basis for the Developer or reviewing agencies to request amendments to this Order. If the project trips exceed assumed counts by more than 15% and if such variance from .projected -13- c. Three transportation mitigation options • are included in this Order. The Developer shall select the preferred option for transportation mitigation after issuance of a certificate of occupancy for the first tower, but r.~t later than commencement of construction of the second and final tower. This timing selection of an option is deemed appropriate because the .regional impact does not occur until after the second tower is completed and the only regional facility adversely impacted is undergoing study by the FDOT with regard to planning, design and engineering for capacity expansion. These options are: motion 1 Prior to issuance of any, construction permits for the Development, there shall exist funding commitments from . responsible entities to construct Gulf Boulevard, from Walsingham Road to Fourth Avenue as a three-lane undivided arterial, at a minimum. In the event Gulf Boulevard is not committed as assumed in the ADA analysis, a new analysis and traffic reassignment shall be required, as appropriate. This Order shall not be construed as a funding commitment by the City to improve Gulf Boulevard. Option 2 In the event that commitments for transportation improvements are adequate to permit approval of only a portion of the Development, the capacity and loac'ing of transportation facilities in the Development transportation area, including but not limited to the widening of Gulf Boulevard, shall be limi~ing factors in any subsequent approvals. Accordingly, tine Developer shall Generate and provide the City, the County hiPO, the FDOT and the TBRPC, pursuant to the provisions of Section 380.06, Florida Statutes (1988), with updated current traffic counts on the above roadways, and projections of traffic volumes that will result from the completion of the currently approved Development construction, plus that to be generated by the next portion for which the Developer is seeking approval. -15- -~ portion of Gulf Boulevard lying between 4th Avenue and Walsingham Road. The Developer shall pay transportation impact fees for the 428 suite hotel tower pursuant to the fee schedule established by Pinellas County Ordinance 86-43. The Developer shall pay any additional transportation impact fees for any additional development pursuant to the fee schedule established by Pinellas County Ordinance 88-50, as the same may be amended from time to time. Recognizing that the Developer will pay County transportation impact fees far in excess of the proportionate share contribution calculated pursuant to DCA pipeline transportation policy, the Developer shall receive credit for its proportionate share contribution against impact fees pursuant to law. Section 4. The Coastal Construction Control Line. The Development plan contemplates that development will occur seaward of the Coastal Construction Control Line. The City hereby approves the Development and grants permission to place structures seaward of the Coastal Construction Control Line, in accordanc e with the ADfi and conditioned upon approval of the DNR, pursuant to Chapter 161, Florida Statutes. Section 5. Transfer of Development Rights. Pursuant to Section 136.011 of the City's -Land De~:elopment Code, the Developer is hereby allowed to transfer Development rights of 42 hotel units or 28 residen'~ial dwelling units (condominiums) per acre, `er a total of 322 hotel units or 267 residential dwelling units, .from the adjoining 18.44 acres o` property adjacent to the 10.2 acres of upland property which Developer owns landward of the coastal construction control line. Section 6. Repealer.- All ordinances and parts of ordinances expressly and directly in conflict with this ordinance are hereby repealed to the extent of such conflict. _17_ --'-{~ ~' gz~ s2S Gye 7~~ g,C ,32.5 ~~ z UN,TS p~~~/ . ,,, ~. 3~{ ~~ o~~] 3°~~ ~~~~°`J ~~s ~bC~ ,- Y ~~~1 I~ ~~. s`~ ~~2 73 z Sr S~ C'~~ ~ ~~ ~ ° ~~ Original is fuzzy.