DVA2013-11001 (RELATED TO FLD2013-11039)��
� �, COMMUNITY DEVELOPMENT BOARD
h����� ���� PLANNING AND DEVELOPMENT DEPARTMENT
� � - STAFF REPORT
•,,_,--•._,--°�.
MEETING DATE:
AGENDA ITEM:
CASE:
REQUEST:
January 21, 2014
G.1.
DVA2013-11001 (Related to FLD2013-11039)
Review of, and recommendation to the City Council, of an amendment to the
Development Agreement between Nickel Plate Properties, Inc. and the City of
Clearwater as per Community Development Code Section 4-606.
GENERAL DATA:
Agent .............. .. ... ... .... . Peter Flint; RS Clearwater LLC c/o Redstone Construction, Inc.
Applicant / Owner ............. Nickel Plate Properties, Inc.
Location ........................... 2165 Gulf to Bay Boulevard; southwest corner of Gulf to Bay Boulevard and South
Belcher Road.
Property Size .................... 11.637 acres
Future Land Use Plan...... Residential/Office/Retail (R/O/R)
Zoning .......................... Commercial (C) District
Special Area Plan .............. None
Adjacent Zoning... No►th: Commercial (C) District
South: Medium Density Residential (MDR) District
East: Commercial (C) District
West: Commercial (C) District
Existing Land Use ............. Master Site Plan including Retail Sales and Service; Automobile Service Station
(building permit under review); Restaurant (building permit under review).
Proposed Land Use......... Master Site Plan including Retail Sales and Service; Automobile Service Station (building
permit under review); Restaurant (building permit under review); Vehicle Service
(Related to FLD2013-11039).
-- ---- -- - —
.�_. . � � . 1...
1 . ... ��1 .w I , ,rI �. �� ' � .
�I
��,.; �` . � � i ��..� � � y �
. , i � � �r i., fi =
r� mu v� oM %�v r �..;y f"�, '=�.
. �' . : _��
s�� �,�t�r�4� �r� � � ', � ' �� :� "� s� ;� �� �
1-, �� � �,*i� ,I � ���
�� ,� , ,
��� �"��o�l�'�' a ` i, �yy � . � � . '�
.�..''�" ` i_'�' +�f�l�rNtb!+S%!!• _ . � t � � t � ' F ,S',� i �:. . . �i- . :i, ! h
� � � �y . JJ�� fJ>.1/J�%J- - ' 1� _ - . ' � � ♦.
� � R O'�� � I j I�. ' Y 9 %� � , • � , 'R
�I �i TI YI /f � Y
.,� y� �`!� • . . . �' 1 � .fi ' !1 !i'- �1 r t. _._. w ,�JtL�zn
� /h�f�� ��1� i1�INt'u +� . ,? • � � �1Mi� .�,r.+, I
` ,_ "� �t� � +i1a ��� w i ' p `; � , , ' �i�a
x *. � ; '. � " t
�� ,%T �# �' �,�, � f �. {j y �`� : _
� � :� ''��j � � � � �
� 't ��� � � �C �. . � � f;'+i � � � a1 �.t�y� �} .
}� -t �µ ' "' ,� ' � �;�/ ".Gw'�ii-_ _
,� , � { • —
'!.^ �''. ir s ht�, •• ,.
', � :i ��. •. � , ~ � . Sk� r� . _
� - � � �.",4«� ' � � . - . � i � ..5�.
''�' � � � ��, � � f .�. � Yr. / � . .
• ! ' � �' ' �� 5 .
,� 1 ' } R � y � � i ' � �' • Als�>a^�. �r�
� � � � � r i i...; r ' � �.., � �� � � } _,�,;,�
e.�{ *
. . i '� � '�� '; ' ' . , �N* �ii� Tjr �� '1
• t°�> � i�s `. � . ��,. �� "j. ♦ ' Q ,"� '
� �,:. , � i �� I � " �. ,a � t c�i r' j ,
i t p. � .i (; r # � '�. �.�1 � , A�./. � tu �' p... , �,
�
'� t �� *.`ti �'�;��
'� i r � , �'� , ' ! + y � r , �� r � � � �
� � . � �� "; � , �9! �+ti
,. .. '
�,;,, � �.,��
� W N �
i ��+ ,� 1���������� a
,,, �� t � ..c
? Clearwater Level III Development Agreement Application Review
u ..... . �..,�� � c"'k., ,>:�. � . � �, < .. .
ANALYSIS:
Site Location and Existing Conditions:
The 11.637 acre site is located at the northwest
corner of Gulf to Bay Boulevard and South
Belcher Road. The subject site is comprised of
three parcels with approximately 770 feet of
frontage along Gulf to Bay Boulevard and 577
feet of frontage along South Belcher Road. The
site is part of a larger Master Site Plan which
includes a Wal-Mart grocery store located along
the west side of the property to the south of the
location of the proposed Kauffman Tire. The
site will also include a WaWa automotive
service station with convenience store, a
Starbucks and two other commercial uses (as yet
unnamed). The two former uses are currently in
the permitted process while the remaining uses
have not been submitted for permit. Additional
detail will be provided in the Site History
portion of this report. The overall site is
accessed via a two-way driveway along Gulf to
Bay Boulevard.
The immediate vicinity is characterized by a
vaxiety of non-residential uses including an
Albertson's and gas station across Gulf to Bay
Boulevard to the north, a Publix within a retail
plaza across South Belcher Road to the east and
car sales to the west. An attached dwelling
complex is currently in the permitting process to
the south of the overall site. This residential
development was included in the Master Site
Plan and is also outlined in the Site History
portion of this report. A variety of other
restaurants (fast food and otherwise), offices,
automotive service stations and other retail sales
and service establishments are located farther to
the east and west along Gulf to Bay Boulevard.
Site History:
The subject site was originally part of a larger
site extending between Gulf to Bay Boulevard
and Druid Road. It has been the subject of three
Level II Flexible Development applications, and
land use and zoning amendment application,
preliminary plat application and two
Q i � o
i �
N
F I ' U .
a — �
�_ � � I �
N
N
""-1 RAINBOYYDR
�<I
� �_
__ _ _ � �
_-,
I_� I
cu�F-Taenr e�vo
J
s
_ ,_ �
r - _
DRUID CIR }
ORUID CIR
�� � ' 1
QI
=i
�
�`
PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
� �
_� Q
...� :w � � ; � � � �
_��;�'_
�
�
� j '- I . � �� �
I �_ ' )I I �
�.L_ ��� _.�.�.'
. � I
�� '
___=-� ',.:.,;�
,.��..: .
� - } �; `
w
i '° i
� _! i `:
ORUID RO m � �- �
_. �y � K
LOCATION MAP
� ' ---� w
�I � '
>
� '� �
_` = I
z
� � — aa.�� �
B P e I R SI � N� �
__I �_ _ �_ . y � , , �
" G CFRYBAY BLVD_ _ � .. _ _
_�_ R
r A A F -r .............«....«. ...: c.:....a a� - -
mo � eo : I$ i s $ �
-- -- ' °a -- = i ry a � �� ,�.
�� _� _ k-- � „
a� � ��
��� _� ; ° , � I.a � �..
�
�� a � MDR� U .a MDR
g z � s �1'
� � ° � �" �i , a
1 ZONING MAP I
Community Development Board — June 18, 2013
DVA2013-02001 — Page 1
r Cle(11 1'� [�ll.� Level III Develo ment A reement lication Review PLANNING & DEVELOPMENT
P 9 APP DEVELOPMENT REVIEW DIVISION
° �.�.�-..��1...`.,; : . �� ���;�. � ,
Development Agreement applications. It is important to note that the south half of the original
site has been platted (PLT2011-04002) and was approved for attached dwellings and building
permits are currently under review by Staff. To be clear, the south half is now a separate property
and is unrelated to the current request and references to the "overall site", "overall site plan" and
the like refer only to the north half of the original property. The history of the site as related to the
current request is provided below.
➢ In 2010, the site was the subject of a Level II Flexible Development application
(FLD2009-12046) which requested approval to permit 70,212 square feet of Retail Sales
and Services uses and 12,787 square feet of Restaurant uses (total commercial floor area
of 82,999 square feet) in the proposed Commercial (C) District with, as a Comprehensive
Infill Redevelopment Project under the provisions of Community Development Code
Section 2-704.C, and a two year development order. That case was approved by the
Community Development Board (CDB) based on a recommendation of approval by the
Development Review Committee (DRC) on February 16, 2010 with 23 conditions. This
site plan approved as part of this Flexible Development application is void and was
superseded by application FLD2011-04018 outlined, below. The site was also the subj ect
of a Development Agreement (DVA2009-00005; Resolution 10-03).
➢ In 2011, the site was the subject of a Level II Flexible Development application
(FLD2011-04018) which requested approval to permit 40,000 square feet of retail sales
and service use, 5,559 square feet of automobile service station use, 4,200 square feet of
office use (bank) and 9,400 square feet of restaurant uses (total commercial floor area of
59,159 square feet) in the Commercial (C) District with a lot area of 506,892 squaxe feet
(11.637 acres), a lot width along Gulf to Bay Blvd. of 820 feet and 617 feet along South
Belcher Road, a front (north) setback (Gulf to Bay Blvd.) of 61.8 feet (to building) and
25 feet (to pavement), a front (east) setback (South Belcher Road) of 79.3 feet (to
building) and 25.5 feet (to pavement), a side (south) setback of 90.8 feet (to building) and
two feet (to sidewalk), a west setback of 20 feet (to building) and 19.4 feet (to pavement),
a maximum building height of 35 feet, and 409 parking spaces, as a Comprehensive Infill
Redevelopment Project under the provisions of Section 2-704.C, and a two year
development order as well as a reduction to the side (south) perimeter landscape buffer
from 10 feet to two feet as part of a Comprehensive Landscape Program under the
provisions of Community Development Code Section 3-1202.G. That case was approved
by the CDB based on a recommendation of approval by the Development Review
Committee (DRC) on July 19, 2011 with 19 conditions. The site was also concurrently
the subject of a plat application (PLT2011-04002) which was also approved. The site was
also subject to a Development Agreement (DVA2011-04001; Resolution 11-15) which
amended the original Development Agreement. Building permits were applied for and
obtained within required timeframes therefore the site plan is considered vested.
➢ As noted, there are two Development Agreements associated with the site; DVA2009-
00005 and DVA2011-04001. The former Development Agreement provided for the usual
and customary range of applicant and City responsibilities and obligations, time frames and
the like and was approved by Council and adopted on March 10, 2010. It provided, in brief
and as pertinent to the current request, the following:
Community Development Board — June 18, 2013
DVA2013-02001 — Page 2
o 1��7 *pr PLANNAIG & DEVELOPMENT
� C Q�l �1'�Ll�l Level III Development Agreement Application Review DEVELOPMENT REVIEW DIVISION
� ��r�_ ^�,� � �.:r; ;.. °
➢ A maximum of 90,000 square feet of retail and restaurant development;
➢ 495 parking spaces;
➢ A m�imum Floor Area Ratio (FAR) of 0.178 (interestingly, the Development
Order approving the site plan as part of FLD2011-04018 provides for a lesser
maximum FAR of 0.117);
➢ A m�imum height of 36 feet;
➢ That any minor amendments to the site plan may be made by the Planning and
Development Director pursuant to Code; and
➢ That any amendments to the site plan deemed to not be a minor amendment or
that require further review by the CDB shall require an amendment to the
Development Agreement.
➢ On August 29, 2011, DVA2011-04001 which constituted an amendment to the original
Development Agreement was adopted by City Council. Again, in brief and as pertinent to
the current request, the details of the first amendment are as follows:
➢ An overall amendment to the Site Plan (section 3);
➢ Amending Section 4.2 to include specific ratios for the number of required
parking spaces rather than an overall number as follows:
■ five spaces per 1,000 square feet of Gross Floor Area (GFA) for retail and
automobile service stations;
■ four spaces per 1,000 square feet of GFA for office; and
■ 15 spaces per 1,000 square feet of GFA for restaurants.
➢ That the ability to utilize cross-parking amongst outparcels be permitted.
Pursuant to CDC Section 4-406 a minor amendment to a Level II Flexible Development approval
is, among other allowances, one which does not change the use unless such change is of a similar
or less intensity, as determined by the community development coordinator. The proposal
includes the inclusion of vehicle service as a new use on the site. One methodology of
determining intensity of use is the amount of parking required for a particular use. Vehicle
Service is typically permitted within the Industrial Research Technology District where the
required parking is 1.5 spaces per 1,000 square feet of GFA. As noted above, the least intense
use associated with the master site plan vis-a-vis parking is office at three spaces per thousand.
Therefore, the Community Development Coordinator determined that the proposed use is at a
similar or lesser intensity as approved and constitutes a minor amendment. However, because
Vehicle Service is not an otherwise permitted use within the C district it does need to be
approved as part of a Comprehensive Infill Redevelopment Project requiring further review by
the CDB a second amendment to the Development Agreement is required.
Development Proposal:
The proposal is to amend a previously approved site plan to allow a Vehicle Service use within
the C District as part of a Retail Plaza with a minimum parking ratio of 1.5 spaces per 1,000
square feet of GFA. The proposal also includes a revision to Condition 3 which was part of the
Development Order approving FLD2011-04018. Condition 3 limited the FAR of the overall site
to 0.117 where the Development Agreement permits an FAR of up to 0.178. The proposed FAR
is 0.127. To be clear, the primary change is the elimination of the office building and replacing
Community Development Board — June 18, 2013
DVA2013-02001 — Page 3
° Clearwater Level III Development Agreement Application Review
��../� . .v..r.�'_� +.�.* .. ,. x .. .
PLANNING & DEVELOPMENT
DEVELOPMENT REVffiW DIVISION
it with a Vehicle Service use. No other changes to the site plan are proposed including but not
limited to landscaping, height, setbacks and FAR.
A full analysis of the site plan is provided in the staff report accompanying application
FLD2013-11039.
Development Agreement:
The purpose of this amendment is to establish new developable square footage for retail sales
and services use, office use, automobile service station use and restaurant use. This proposed
amendment to the existing Development Agreement (recorded in O.R. Book 16874, Page 2344)
as amended (amendment recorded in O.R. Book 17415, Page 2309, does not change the duration
limit of ten (10) years and includes the following main provisions:
❑ Amends Section 3 of the agreement to reflect the new site plan for the northern portion
(Parcel 1);
❑ Amends Sections 4.1 of the agreement to include no more than 90,000 square feet of retail,
restaurant and vehicle service use on the parcel; and
❑ Amends Section 4.2 of the agreement to change the number of parking spaces for
restaurants from 15 spaces per 1,000 square feet of gross floor area to 12 spaces per 1,000
square feet and to add 1.5 parking spaces per 1,000 square feet for vehicle service to the
existing provided uses and their respective parking ratios.
The Community Development Board (CDB) has been provided with the most recent
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 5, 2013, and deemed the development proposal to be legally
sufficient to move forward to the Community Development Board (CDB), based upon the
following findings of fact and conclusions of law:
Findings of Fact
The Planning and Development Department, having reviewed all evidence submitted by the
applicant and requirements of the Community Development Code (CDC), finds that there is
substantial competent evidence to support the following findings of fact:
l. That the 11.637 acre site is located at the northeast corner of Gulf to Bay Boulevard and
South Belcher Road;
2. That the subject property is located within the Commercial (C) District and the
Residential/Office/Retail (R/O/R) Future Land Use Plan category;
Community Development Board — June 18, 2013
DVA2013-02001 — Page 4
. � q �T +p}� PLANNING & DEVELOPMENT
� C�t�� 1'1' �LLl Level III Development Agreement Application Review DEVELOPMENT REVIEW DIVISION
� , . �a�,���. e�������ee. �
3. That the subject property is not located in a special plan area;
4. That the subject property is subject to a vested Level II Flexible Development application
(FLD2011-04018) approved by the CDB on July 19, 2011 with 19 conditions;
5. That the subject property is subject to a Development Agreement (DVA2009-00005) as
amended (DVA2011-04001);
6. An amended Development Agreement (DVA2013-11001) must be approved by City
Council, which provides for general and specific parameters of the project and other design
considerations;
7. That the proposal is to construct a Vehicle Service as part of a Retail Plaza and is subject to
the requisite development parameters per Article 2 Division 7 of the CDC, the approved site
plan (FLD2011-04018) and Development Agreement (DVA2009-00005 and DVA2011-
04001);
8. That the site is currently under construction with a Wal-Mart grocery store and various site
improvements including but not limited to stormwater facilities, site access and utilities;
9. The subject property is comprised of three parcels with approximately 770 feet of frontage
along Gulf to Bay Boulevard and 577 feet of frontage along South Belcher Road;
10. The proposal includes no material changes to the approved site plan and/or Development
Agreement, as amended, with regard to landscaping, setbacks, height, parking or FAR; and
11. There axe no active Code Compliance cases for the subject property.
Conclusions of Law
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the Development Agreement implements and formalizes the requirements for the
construction of on-site and off-site improvements under the related site plan proposal
(FLS2013-11039);
2. That the Development Agreement complies with the standards and criteria of CDC Section
4-606; and
3. That the Development Agreement is consistent with and furthers the Visions, Goals,
Objectives and Policies of the Comprehensive Plan.
Based upon the above, the Planning and Development Department recommends the
APPROVAL, and recommendation to the City Council, of a Development Agreement between
Nickel Plate Properties, Inc. and the City of Clearwater, for the property at 2165 Gulf-to-Bay
Boulevard.
Prepared by Planning and Development Department Stafi
Mark T. Parry, Pl nner III
ATTACHMENTS: Photographs
Community Development Board — June 18, 2013
DVA2013-02001 — Page 5
View looking S from NW corner of site.
,'� fi,H .� I
� �fy � °�ar > � tt,x.�� n
. �l8z'.Q`:- r _ >:dl�vf�4R .ra�4 4m.ii�� 1 �'�4X .?y;. ;i
•.�, �k�"d_�`•��!'?-�,;r'�
,--
. . � . - � �5:j' .t'r�.
K �., y
:''L, . ''�` '
, y,. P�! ���
_ y
I . i
Looking NF. f�rom SW corner ��f site
>.,r� ,� s � t -- ;, ' -
� �,,�,, �� s
`s� ,r. :
r . �-: •�'( ��,.*¢' (
, .. -
� °w
Looking W frorn [� s�de o1 �it.�
�, :
...x..__ . __ .'R�... . �.M.!_. . ,. ....,
- .. �=:+t;-.�Q42t' i<�ra:{ti�;'.�_.,._.....'.�:r„'�,�ms
': � � . ,, ,�,u,y���.�� -
�� �:`'�� ���� �..*. +c�� ��{�i
.r �, :
�: _ �_ . ` ,� ��� � �. �
+.y s
.%.� '''�,....• . ~1 `��-'.fs '�'�. �'° `t �� ..T * �a ,�X...�
_. . �' r4�I .
V iew look�ng S W from N W corner ut suc
, ���r�
� , �. ?
�,
�. �?�� . S � � _; �..,y ' _ �.. - r"
_.,..w.,.,�::,--.:._ ' .. _ . . ,...
.y �. �� . , . ..
l51t 4 . � . . _
�1�i+73�Y v+°"+' � . �n ,
p' 1 �� 1� ' �':�' , . �.
. x . � , .., -. ,
�°f� { r��.4� �F ff �a : d. r � ..; .
fi.W� �an f�} i� y �:� .i 7 ,�t, d .
�M.�h!' y'`r j fx�r`1�,, �rk {e v� �``. °l�+ ��
� ., s �� � . � . i� �� �p �,',♦ !. :
i�� N. , _..n � ��+.:e1.w..a'�'.'.�+ �,� . . i�� 3ti�f�i?�
Loukuig � W' trom the SE corner o1� sii��.
. :Y,Nip"y��R . �. � ' _ 0 ' 4 � � "�`�"
�. . . . .. . . . ", a��,."�„;`�,'r`?Y?n • a w�,.
1965 Gulf to Bay Boulevard
DVA2013-ll001
,� � � 1 � � � ♦
� \_ �
1655 Linwood Drive Tel: (727) 742.2461
Clearwater, FL 33755 E-mail: mparry@tampabay.rr.com
SUMMARY OF QUALIFICATIONS
A dedicated, AICP certified professional Planner focused on contributing to the field of Urban Planning
experienced in public and private sector planning. An excellent communicator, able to effectively interact
with clients, local government officials and business professionals at all levels. Experienced in various
aspects of urban design and planning, zoning regulations and permitting.
OBJECTIVE
To secure a Planning position which will allow me to continue improving the built environment and my
community through sound and innovative planning and design principals.
EDUCATION
COOK COLLEGE, RUTGERS UNIVERSITY, New Brunswick, NJ
B.S. Landscape Architecture Major, Urban Planning Certification
B.S. Environmental Planning and Design
Certificate Urban Planning
Golden Key National Honor Society; Sigma Lambda Alpha
American Planning Association (Florida Chapter); member
AICP #020597
40-hour OSHA (Hazwoper) Training
PLANNER III PLANNING DEPARTMENT, CITY OF CLEARWATER 04/12 - Present
08/98 — 04/05
• Responsible for nonresidential and single/multi-family site plan review and permitting.
• Assist in the implementation and subsequent review of the Community Development Code.
• Responsible for assessing and writing Community Development Code amendments.
• Land Development Code development, interpretation and application.
• Provide, inspect and direct landscape review/design.
• Acting Development Review Manager 9/99 — 11/99 and 01/05 — 03/05.
• Manage and direct Associate Planners.
• Review, process and present variance/conditional use, land use/zoning atlas amendment and annexation
applications at in-house and public review meetings.
• Principle Planner in creating and implementing Clearwater's Downtown Design Guidelines.
Assisted in the implementation and application of the Clearwater powntown Redevelopment Plan.
SENIOR PLANNER DEVELOPMENT � ENVIRONMENTAL SERVICES, CARDNO TBE 04/05 — 04/12
• Planner of record for Cities of Indian Rocks Beach, Seminole and Clearwater and Town of Belleair.
• Responsible for nonresidential and single/multi-family site plan review and permitting.
• Perform site design and inspections.
• Provide technical planning support for engineering department.
. Provide support for Zoning Code, Comprehensive Plan, Zoning and Land Use Plan amendments.
• Research and write Evaluation and Appraisal Reports.
• Create and update Special Area Plans/Form-based Codes.
• Provide CADD support.
. Assist with creating redevelopment marketing material.
. Perform technical environmental services including soil and groundwater sampling.
Designer/Owner GREENSCAPES-GLD, MARLBORO, NJ 9/92 - 6/98
• Founded and established a local garden and landscape business.
• Plan and oversee installation of commercial and residential landscaping projects utilizing a variety of CADD
and photo-manipulation programs.
• Develop and implement advertising programs, brochures and graphics.
• Estimate, bid and negotiate jobs.
• Source and negotiate purchase of materials and equipment.
• Manage, train and schedule installation crews.
Program Supervisor LONGSTREET FARM, MONMOUTH COUNTY PARK SYSTEM,
HOLMDEL, NJ
• Assisted in formulating and running children's summer program ("Hayseed").
• Created and coordinated daily programs and schedules for 6-9 year old groups.
• Supervised several other programs throughout the year.
• Created a demand which was twice the program's capacity after the first year.
COMPUTER SKILLS
6/87 - 8/93
Access, Microsoft Office, Microsoft Works, ClarisWorks, MS Word, Land Designer Pro, Permit Plan,
Excel, Cornerstone, AutoCADD, PowerPoint, Publisher
LL
° C ear�vater Planning & Development Department
� General Development Agreement Application
IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE,
INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION.
ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES)
TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE.
A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN
ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE
COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL
AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS.
THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE
COMMUNITY DEVELOPMENT CODE.
APPLICATION FEE: $1,500
PROPERTY OWNER (PER DEED): Nickel Plate Properties, Inc.
MAILING ADDRESS: 1414 W. Swann Avenue, Suite 150, Tampa, FI., 33606
PHONE NUMBER: 813-579-2014
EMAiI: aingersoll@npprop.com
AGENT OR REPRESENTATIVE: RS Clearwater LLC c/o Redstone Construction, Inc. Attn: Peter Flint
MAILING ADDRESS: 1501 W. Cleveland Street, Suite 200, Tampa, FI., 33606
PHONE NUMBER: $13-254-6200
EMAIL: Pflint@redstoneinvestments.com
ADDRESS OF SUBJECT PROPERTY: 2165 Gulf to Bay Boulevard, Clearwater, FI.
PARCEL NUMBER(S): 13-29-15-48611-000-0030
13-29-15-48611-000-0040
LEGAL DESCRIPTION: Lot 3; Lakeside at Clearvvater, as Recorded in Plat Book 138, Pa e 70
Lot 4; Lakeside at Clearwater, as Recorded in Plat Book 138, Paqe 70
PROPOSED USE(S): Vehicle service (tire center); convenience with gas; coffee; retail and restaurant
DESCRIPTION OF REQUEST: Request approval of vehicle service for a tire store on the northwest parcel (lot 3) and
specifically identijy the request �proval of changes in sauare footages of certain uses chanae in overall sauare footage
(indude al/ requested code �lexibility,• consistent with Development Agreement dated 3/25/2010 and modification of
e.g., reduction in required number of
parking spaces, height, setbacks, lot Development Order dated 7/19/2011 of said uses and square footages.
size, lot width, specific use, etc.):
Planning & Development Departrnent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 7 of 5 06/13
� ea Planning & Development Department
� � rwater
General Development Agreement Application
� Data Sheet
PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM
WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING
APPLICATION CYCLE.
ZONING DISTRICT:
FUTURE LAND USE PLAN DESIGNATION:
EXISTING USE (currently existing on site):
C
ROR
Vacant
PROPOSED USE (new use, if any; plus existing, if to remain): CommerCial
SfTE AREA: 506,892
sq.ft. 11.637 acres
GROSS FLOOR AREA (total square footage of all buildings):
Existing: 0 sq. ft.
Proposed: 64,333 sq.ft.
Maximum Allowable: 59,159* sq. ft.
* Per D.O dated 7/19/11. Per D.A dated 3/25/10, commercial property is limited to no more than 90,OOOsf of retail and restaurant
GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses):
First use: 6,622 sq. ft.
Second use:
Third use:
5,559 sq. ft.
1,860 sq. ft.
FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site):
Existing: 0 Overall Commercial
Proposed: 12.69%
Maximum Allowable: 11.67%
17.76%
64,333/506,892
59,159/506,892 per D.O
90,000/506,892 per D.A
Redstone Outparcels
25,131/247,439 = 10.16%
19,159/247,499 = 7.74%
BUILDING COVERAGE/FOOTPRINT (15t floor square footage of all buildings):
Existing: 0 sq. ft. ( 0 % of site)
Proposed: 64,333 sq. ft. ( 12.69 % of site) Entire Commercial Area
Maximum Permitted: 59,159 sq. ft. ( 11.67 % of site)
90,000 17.76% of site (per Development Agreement dated 3/25/2010)
GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer):
Existing: N/A sq. ft. ( N/A % of site)
Entire Commercial Area
Proposed: 84,146 sq. ft. ( 2g.7 % of site)
VEHICULAR USE AREA (parking spaces, drive aisles, loading area):
Existing: 0 sq. ft. ( 0 % of site)
Proposed: 283,692 sq.ft. ( 55.97 % ofsite)
Entire Commercial Area
Planning & Development Departrnent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 2 of 5 06/13
IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site):
Existing: �
Proposed: 74•27%
Maximum Permitted: $5%
DENSITY (units, rooms or beds per acre):
Existing: N/A
Proposed: N!A
Maximum Permitted: N/A
OFF-STREET PARKING:
Existing:
Proposed:
Minimum Required:
C
400
364
BUILDING HEIGHT:
Existing: N/A
Proposed: 35'
Maximum Permitted: 35'
Note: A parking demand study must be provided In conjunction with any request
to reduce the amount of required off-street parking spaces. Please see the
adopted Parking Demand Study Guidelines for further information.
WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ 3,000,000.00
ZONING DISTRICTS FOR ALL ADIACENT PROPERTY:
North: C
South: MDR
East: C
West: C
STATE OF FLORIDA, COUNTY OF PINELi.t\S
I, the undersigned, acknowledge that all Swo�n to and subscribed before me this �v� day of
representations made in this application are true and �
accurate to the best of my knowledge and authorize '-"� �` �'�E �. _, �/ . to me and/or by
City representatives to visit and photograph the , r✓d �f c= �1� ,ln/ .�r�: ;E'�S OL�,�Ki�io is personally kno�has
property described in th� application. produced _ as identification.
Signature of prc�ert�j6wner or �presentative Notary public,
My commission expires:
� ���;�;, €� *tGt! # DE798555't
�� _ �t��. r �tas�!�F' �4, 2014
.... -_r.. .�,��.. . -__zt
Planning & Development Department, 100 S. Myrtle Avenue, Clearvvater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 3 of 5 06i13
� � Planning & Development Department
� C earwater Gener
_ al Development Agreement Application
" Site Plan Submittal Package Check list
IN ADDITION TO THE COMPLETED DEVELOPMENT AGREEMENT APPLICATION, ALL DEVELOPMENT AGREEMENT APPLICATIONS
SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATION AND/OR PLANS:
0 A proposed development agreement which shall contain, at a minimum, the following information:
❑ A legal description of the land subject to the development agreement.
❑ The names of all persons having legal or equitable ownership of the land.
❑ The duration of the development agreement, which shall not exceed twenty (20) years.
❑ The development uses proposed for the land, including population densities, building intensities and building height.
❑ A description of the public facilities and services that will serve the development, including who shall provide such public
facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the
expense of construction of any new pubfic facilities and services; and a schedule to assure that the public facilities and
services are available concurrent with the impacts of the development. The development agreement shall provide for a
cashier's check, a payment and performance bond or letter of credit in the amount of 115% of the estimated cost of the
public facilities and services, to be deposited with the city to secure construction of any new public facilities and services
required to be constructed by the development agreement. The development agreement shall provide that such
construction shall be completed prior to the issuance of any certificate of occupancy.
❑ A description of any reservation or dedication of land for public purposes.
❑ A description of all local development approvals approved or needed to be approved for the development.
❑ A finding that the development proposal is consistent with the Comprehensive Plan and the Community Development
Code. Additionally, a finding that the requirements for concurrency as set forth in Article 4, Division 10, Community
Development Code, have been satisfied.
❑ A description of any conditions, terms, restrictions or other requirements determined to be necessary by the City Council
for the public health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or
other requirements may be supplemental to requirements in existing codes or ordinances of the City.
❑ A statement indicating that the failure of the development agreement to address a particular permit, condition, term or
restriction shall not relieve the developer of the necessity of complying with the law governing said permitting
requirements, conditions, terms or restrictions.
❑ The development agreement may provide, in the discretion of the City Council, that the entire development or any phase
thereof be commenced or be completed within a specific period of time. The development agreement may provide for
liquidated damages, the denial of future development approvals, the termination of the development agreement, or the
withholding of certificates of occupancy for the failure of the developer to comply with any such deadline.
❑ A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development
agreement shall inure to, all successors in interest to the parties to the development agreement.
❑ All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which
are of general application not governing the development of land shall be applicable to the lands subject to the
development agreement, and that such modifications are specifically anticipated in the development agreement.
❑ A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property,
dimensions, acreage, location of all current structures/improvements, location of all public and private easements including
official records book and page numbers and street right(s)-of-way within and adjacent to the site.
❑ The site plan, landscape plan, architectural elevations, and floor plans (as applicable) that are associated with the
corresponding Minimum Standard Development, Flexible Standard Development or Flexible Development application
approval attached as exhibits to the Development Agreement.
Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 4 of 5 06/13
� 1 Planning & Development Department
� C�earwater Gener
al Development Agreement Application
� Affidavit to Authorize Agent/Representative
1. Provide names of all property owners on deed — PRI NT full names:
Nickel Plate Properties, Inc.
2. That (I am/we are) the owner(s) and record title holder(s) of the following described property:
Lot 3 and Lot 4; Lakeside at Clearwater, As recorded in Plat Book 138, Page 70
3. That this property constitutes the property for which a request for (describe request):
Amendment to Development Agreement
4. That the undersigned (has/have) appointed and (does/do) appoint:
RS Clearwater LLC c/o Redstone Construction, Inc.
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described
property;
6. That site visits to the property are necessary by City representatives in order to process this application and the owner
authorizes City representatives to visit and photograph the property described in this application;
7. That (I/we), t u ersi d authorit , hereby certify that the foregoing is true and correct.
/
�% Pr perty Own r Property Owner
/
Property Owner
STATE OF FLORIDA, COUNTY OF PINELLAS
Property Owner
BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON
THIS /� DAY OF /V /S l/f � �'f—� , � U/ ��' , PERSONALLY APPEARED
/✓/� �� � � � 1�'.SD L L.. WHO HAVING BEEN FIRST DULY SWORN
DEPOSED AND SAYS THA�SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED.
�
/
� ; .
/ ��,�� �
Notary Public Signature
Netary SsaliStamp My Commission Expires: ';,t�.PY�•s,,.: ���„ :,, K� ,��,��g`
-.��oF�F�d`'�' _."�:`!,F:(�: Fa!_,:Et?ry 24. 2n•i�.�
_��)3°--�t=� -.,...�..�,�,.. �.,..,.,,,.
Pianning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562•4567; Fax: 727-562-4865
Page 5 of 5 06173
HkI.LlAitl7, Rf4YMQMD L
ARAMS-iiILLIARD, AUflFiEY J
�sza ��aGSra�v� cT
CLEAFtWA'iER FL 33756-4525
GREQSt1N �NTERPRISES LLC
�o eax a�s8
CLEAftWA'fER PL 33i58-7768
� rta•A �t"'Y
_!S'i': �°� �E'�''''�;�� �.� �?J°V���'�',�
FEILUAR�, F�itYFADN[3 L
A17A14l9-�#IiL4A}ZD, AUi�R�Y ,!
1624 FLAGST(7HE C7
CL�At�WA7EFt FL 3376&�25
iiRM(3S. t4lARY
2Q81 S �RURO� CiR
CLEARWAi�ft FL 3376+t-$3D7
MQRRGIAHNIS, PAULETTE REVOCA6LE TRi1ST FUOCO, ANTHONY JFt
MDRAGIANNIS, PAUlET!'E Tl�E FU�]C0. CRRR��l.
5118 MAIN ST 2126 CAlN?US DFi
SKQKf� !k. e0Q77-21 D2 CLFAftWATER Fi 33i64-4808
GRIN. PAUI. JR
CAIN, DUROTNY E
2�8T DRUkD RD E
CLEAi��IfATER FL 3378�-63p3
ROSSI. A�}THONY J
RQS81, KATHL�EN E
2T6B CAMPIl3 DR
CLEARWATER PL 33784-480B
BdV4�M, PAUL fC
BaVM�N, SHIRL�Y J
2083 DR�JtD PARK DR I�
GL,EARWA'fER �1. 3376d-B312
GOF$. GLENiV P
�082 N DRiJ�Q CtR
CI.EARWA'{ER FL 337S483U6
BRfl11D, ADAM
BROAF7. JENNIF'EFt
538 gAMB�i3 LN
GL.�ARWA7Eft FL 33764-G30b
RUS3El.L. ,iOHf�i C
BROW�E, PFiOEN!?( K M
533 BAMBCiD LiV
CLEARWATER FL 33784-834�4
l�iERRMAN�F, BETTY
S28 BAMlB� LN
CLEARWA7ER FL 33764-8305
SCHOFFSrAlL. JAM�S M
gC}3 WOC�bL�Y RD
CLEAftWA'1�li �L 33784-4�i37
CAMPIlS TRUSI'
CL�Mt►+lEAti3S, b�Ai+[ C "E"E�tE
2048 SLiN D+OWN DR
CLE'ARWAT�R FI. 3376;�Z'E65
MYR7'EZ� 3HPEid�i
MYRiFZA, AEiQ1EN[KA
38 BELLAIR AVE
�AIR EAVMf IJ.i 074'f0
1�4EAl1�FR, aAVtC3 N
2{386 DRUi€f Cift N
CL�tWAiER �L 33784-83D6
CAL�LLQ. CATERMIA
2078 DRi�ID PARK DR N
CLEARWATE�i FL 33764-6312
CARUSLE MQTOR3
ATf'M: CONTROLLER
2d86 I3ULF TD BAY BLVD
CLERRWA7ER fi. 33765-3711
K�EZN. EtICNAFtD W.
615HOP, CARRIE L
208£ DRlJiQ RARK �R A{
CiEARWATER Ft 33784-831Z
LU01Ai+lU, �,NGELA
Li.1C1Ai�f0, MEGFfAEI..
20T9 N �Rt1lp Cift
CLEARWAT�R FL 33T64-S324
J�FtN50N. bORl3 J
2077 S DRIJlD C!R
CL�ARWAT�R FL 33764�7
T N R FLBRIDA LLC
C/4 RLT!!& GR�1iP
�i009 N iATUM BLVU 3TE f630•63Q
pHdENIJ( A� 86Q6i)�42{tB
FALKOWSKl, LOLIISE
2t8B GAMPUS I7R
CLEARWATER FL 33784-A&!8
PINELLAS COUf�ITY
ATFN: EN(31hi�ERING t�Yli
315 CbiJF2i 8T
GL�ARWAiEl2 FL 33768-5165
AM50ii!'f`i�l C3ANK FLO�iIbA
ATTN RECxtONB BAl�IFt
250 RN�ftCHASE PKWY SUlTE $pq
BiRMHNGHAM AL 3$244-183Z
bEAN,JOELJR
2p87 DRI�iD PARK �R N
CLEARWATER �t 33764=6512
CLARK, SC07T 7'FiUST
CLARK. SCC}TT W 7RE
i37'14 VfA RdMA ClI2
CLERM�tV7 FL 347i1-53a3
PARfS, EE.�ANOR A
53Q BAMBdQ U+E
CI.�ARWATER FL 33T64�6305
KELL�Y, SUSAN M
JUL18, F1.CsR�N�E EES�
537 BANEBO01.l�!
CLEARWA7'ER Fl 33764�8,�04
t'APAI30PbULOS, aEM�TRE ZECEVEC. ENi31PfA JR7JCHt� MILTJA�H
2085 S dRUiQ CER 1821 P�.BRiGHT �F'i JA7�CH}, b+QNiKA
CLEARWAi'LR FL 33764-83DT GLEARWA'i�R FE. 33765-1402 2087 N a�tUEQ CtR
CL�AFtWATER FL 33784-6374
GYL�E, EDWAFiD A SR EST
5Z9 BAiu1B00 LN
CLEARWATER FL 337B4�B304
LECHN�R, iFit)iNAS P
L�CHN�R� J�NhtFER E.
1837 BEYERLY CI}i N
Ci.EARWAiEFi PL 3376d-4823
USA F�E] NAR MTG ASSN
950 � PAC�S FERRY Rp S7E 19Q0
A'RAlViA GA 30328-13&{
JAME3, aEB�tA J
Z4�4 E bRUiCi Rb
CLEARWATBR FL 3378a-83i8
SHE�HAN.ROBERTJ
BHEEWAN,LORlB
122U BLACK BUSW DR
TARPON SpFtING3 FL 3d68�$�3$
caor�, e�u�n��
GOQC1-f, MlCF[AEL €.
2E}78 N bRU1D C1R
CLEARWATER F� 3378d-63�
PlNEUAS COUNTY
ATTN R�AL, ESTA7'E
3#S COURT ST
CiEARWAT�R FL 33758-5185
WAL-MART 5TORE3 EAST LP
2041 SE 1�TH ST
B�NTONVILLE AR 72T12-6d89
ELLtS Cfl LTI]
PQ BAX �879
TARPQIV SPEikNG5 �L 34888-'ES79
BROTT, JtI�1E E
2'!50 CRMRLlB �R
CLE11i2WATER FI. 3376d-4806
HdRVAT#t, BARBARA A
2t42 CAMPEIS p►Z
CL.�ARWA'i'ER FL 33764-48U6
PATRICK, JLiDETH A
PATF{1CK, iERRY J
3868 LA C8$TA L�
�aac�o � a�»�-a�sz
POSNAK, WkLLIAM J
P05�1AK,1/EaONiCA S
21t8 CAbARUS pFt
CLEARWAT�R F! 33764-4�06
SCI fUFFERAI. SERV Fl.A INC
ClD SERVEC� CQRF' � SU$SfQfARIES
PR�PERiY Ti4K 9'rtl �LUOR
PQ�X13 'r48
HQllSFON'fX 77299�U,r46
CARLiSi.E MOTb12S
ATTN: CON7ROiLER
Z085 GULF T8 BAY BLVD
CLEAFiWATEF{ F1.33786-371'(
AEiCKEL PI.A'i'E PROPERifES #NC
�o sox �s�
SAF�TY FWft$QR �! 34B96-0B9t
�r.r.�s eo �To
!�4 BOX 1879
TARPaN SPRiNGS FL 3�i8BB-i879
SfNGN, CARIuiEAf
804 S BELCHER RQ
Cl.EAl2WAiER �L 33764-4848
(3RE�N, JbHN R
BOADEN,NANCYJ
2482 CI1MpUS Oft
Ci.EA#tWA7ER FL 3375�-4808
KEMI�E, B�RTlL H
KEI4IPE, E1�1NIG� W
80Q MA�ID�Ri�i �R
CLEARWA7�R FL 33764-4932
KOf)T!2lI�AR!$. CdNB�ATiFI#E
KdUTDLiPARtS. $UP#ilA
2174 CAMPUss D12
CL�ARWAI'ER FL 33764-4806
DIMUCCi, GINO
DINIiCCl, JOAM
24g9 dRUf� FtQ E
CLE�WAT�R Fi, 3376�1-5311
NECKEL PI.A1E pROP�RTiEB [I�
7414 W SWANN All� 5iE 150
TAMRA FL 53606-2�83
EXHIBIT A
Legal Description
Lot 3: Lakeside at Clearwater, As Recorded in Plat Book 138, Page 70 and
Lot 4: Lakeside at Clearwater, As Recorded in Plat Book 138, Page 70
EXHIBIT B
Second Amended Parcel 1 Plan
EXHIBIT "B"
TO DEVELOPMENT AGREEMENT APPLICATION
(revised 12/13/13)
Nickel Plate Properties, Inc.
2165 Gulf-to-Bay Boulevard
The Applicant requests an amendment to sections 4.1 and 4.2 of the
Development Agreement to provide for a new matrix of uses and permissible
parking ratios. The Applicant proposes to (i) reduce the allowable office square
feet by 4,200 sq. ft. and instead construct 6,622 sq. ft. of vehicle service at the
location previously identified as office; and (ii) allow for a parking ratio for
restaurant use of 12/1000 consistent with the Code's minimum standard for such
a use. Based upon this proposed second amendment, the maximum
development potential will continue to be less than the permitted intensity in the
ROR land use category.
Section B.2 Development Agreement Supplemental Submittal
Requirements:
■ Statement of the requested duration of the development agreement, which
shall not exceed ten years.
The proposed second amendment to development agreement does not modify
the proposed duration of the development agreement.
■ Description of all existing and proposed public facilities and services that
serve or will serve the development.
The development will be served by City of Clearwater utilities and solid waste as
stated in the development agreement.
Description of the uses desired to be permitted on the land, including
population densities and building intensities and heights.
The proposed second amendment modifies the previously approved uses on the
Property and adds vehicle service/major to the approved uses.
Identification of zoning district changes, code amendments that will be
required if the proposed development proposal were to be approved.
There is no proposed modification to the zoning districts.
Parcel1: Commercial (C) zoning and a land use category of
Residential/Office/Retail (R/O/R).
Parcel2: Medium Density Residential (MDR) zoning and a land use
category of Residential Medium (RM).
■ Zoning and land use categories of all adjoining properties.
Zonin Land Use
North
(across Gulf-to- Commercial (C) Commercial General
Bay)
East
(across Belcher) Commercial (C) Commercial General
At the NE Office (0) Residential/Office
corner of General
Belcher and
Druid
South (across Low Medium Residential Urban
Druid Road) Density
Residential
(LMDR)
West
(fronting on Commercial (C) Commercial General
Gulf-to-Bay)
Adjoining Low Medium Residential Urban
southerly 2/3rds Density
of property Residential
(LMDR)
• Complete names and addresses of all owners of properties abutting or
lying within 200 feet of the subject property as currently listed in the county
records as of one week prior to the filing of an application.
See list attached hereto as Exhibit "C."
4953262_1
2
4958442v1
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second
Amendment") is dated 2013, and entered into among NICKEL PLATE
PROPERTIES, INC., a Florida corporation ("Developer"), and the CITY OF
CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting
through its City Council, the governing body thereof ("City").
RECITALS:
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("Act"), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, on March 25, 2010, the Developer and Lakeside Enterprises, LLC, a
Florida limited liability company, and the City entered into that certain Development
Agreement recorded in Official Record Book 16874, Page 2344, in the Public Records of
Pinellas County, Florida, and that First Amendment to the Development Agreement
recorded in Official Record Book 17415, Page 2309 on November 23, 2011 (collectively,
"Development Agreement") which Development Agreement is hereby incorporated by
reference; and
WHEREAS, Lakeside Enterprises has subsequently transferred its interest to a
third party who is unaffected by this Second Amendment; and
WHEREAS, the City previously granted a rezoning of the Parcel 1 property (as
defined in the Development Agreement) to Commercial ("C") and a land use plan
amendment to Residential Office Retail ("ROR"); and
WHEREAS, the Community Development Board ("CDB") approved the Parcel 1
Plan as FLD2009-12046 on February 16, 2010 and the Amended Parcel 1 Plan (Case No.
FLD2011-04018) on July 19, 2011 (the "Amended Parcel 1 Plan"), conditioned upon the
approval and execution of the Development Agreement by the City Council; and
WHEREAS, the Developer desires to amend certain provisions in the
Development Agreement as stated herein, consistent with a request to modify the
Amended Parcel 1 Plan;
WHEREAS, the CDB approved the amendment to the Amended Parcel 1 Plan at
a duly called and advertised meeting on , and the City Council approved this
Second Amendment at a duly called and advertised meeting on and
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, Developer has approved this Second Amendment and has authorized
certain individuals to execute this Second Amendment on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as
of the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Ageement as in the Act.
SECTION 3. Amendment of Parcel 1 Plan. The City Council hereby approves the
amendment to the Parcel Plan 1 to reflect the Second Amended Parcel 1 Plan attached
hereto as Exhibit "A" and incorporated herein by reference. All references in the
Development Agreement to the Parcel 1 Plan shall be amended to refer to the Second
Amended Parcel 1 Plan.
SECTION 4. Section 4.1 of the Development Agreement shall be amended to read:
"4.1 The Project shall consist of no more than 90,000 square feet of retail,
restaurant, and vehicle service development on Parcel 1 as generally depicted on the
Parcel 1 Plan and no more than 243 multi-family residential units on Parcel2 as generally
depicted on the Parcel2 Plan."
SECTION 5. Section 4.2 of the Development Agreement shall be amended to read:
"4.2 Section 4.2 of the Development Agreement is hereby amended to include
on Parcel 1 to: 1.5 parking spaces per 1,000 square feet for vehicle service (1.5/1,000), 5
parking spaces per 1,000 square feet for retail development (5/1,000), 5 spaces per 1,000
square feet for automobile service station development (5/1,000) and 12 parking spaces
per 1,000 square feet for restaurant development (12/1,000). Nothing in this Agreement
shall prevent the parties from agreeing to "cross-parking" among the outparcels.
�
SECTION 6. Ratification. Except as specifically modified herein, all terms,
conditions and obligations contained in the Development Agreement shall retain in full
force and effect and are reaffirmed by the parties hereto.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
WITNESSES:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF PiNELLAS
NICKEL PLATE PROPERTIES, INC.,
a Florida corporation
:
Andrew B. Ingersoll
President
CITY OF CLEARWATER, FLORIDA
:
William B. Horne II, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Leslie K. Dougall-Sides
Assistant City Attorney
The foregoing instrument was acknowledged before me this_day of ,
2014, by Andrew B. Ingersoll, as President of NICKEL PLATE PROPERTIES, INC., a
3
Florida corporation, on behalf of the corporation. He is _ personally known to me or
has produced as identification.
Notary Public
Print Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _day of ,
2014, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida,
who is _ personally known to me or who _ produced as identification.
Notary Public
Print Name:
Exhibit B Second Amended Parcel 1 Plan
�
GULF TO BAY BWLEVARD (SR 60)
� a,"�ce.°o�ns� \ � = SECTION 3A
� �t-�
�� ' _- " � -_ �
� Ga
��� �o�V' _ _ �
�.. =.� �
:r���— r--�� � ��.'��`z�iF�a:
� ( ' - �w��,5 • .I .a � �i
I:,.i.i R ° } ISECTION2 °„ {L� m�
"`v' ,ri•
,. ,�, I . ?i e Pr�
c�u I I�TM4 ^ oi :..�^ I:. cy i
� o : � BUILOING 1� p �
0 O�
� SEGTdDNe � _ � � i ,.< �
i
� ,�w",�_�.,, e ,
�
I � �r+�rs.w�t� y � ��� �
� � M1 �
t��o� :, . , - ., A. . _� .�T
a �
y����\�A '��if�i/R�/aM�.
� � � �' � � m ��
� � a�,�,o ' � ,
i� � 1.�� � a�
i � � '�'.0 LL � �}J 1 � a� i�
... � � SEGTION S � ■
i �' NOT INCLUDED IN � � .� i 1
II PROJECT � 8 ..�v'
�
� I �L.,,,� � . � � � . � `
Q� Q t
� � t...�.�_�.n..�.�..—,.t.,�.�� �
� _.,�___ � _ _..� �- � �r �
��'�r�
��
l
���.
��
� �
� � . .
�. �� �' ��
� . �
4� �
� �ssa
a �
1��_
��!l�ni�
� ��
O
���
( � . .. ��.�s...r.tiwr�.�.� j� �"`�
( � � �., �. .. .�. , ,.
r _ _ �a :' w, .��
L_ � a . ,,,��71
— — —�'0Y—`'w. _� � ���� .aa,u�.aYu��a �..wtt
_ :
� �
.
:
�
S��dgn1 Curo
G
....... _ �,� �.
05 w�95m[aanl
� � � vam�e igma W�wao
� ' ee�M i � iaa.�w.e r�.
� - xe� e.�we n neK�
�
I I i
�n r.aowl �
� ( I
i , �� �:� �
I I
i ' �
i � i
i � � �
N
i � U
� �
I
I � � p �
� � � I
�
i i � �
i ( W �
i m
i
i
i
� � �
' i
`i �
I I
I I
0�1 �
� I �
: �- �}�.�.�
I I �
� � L�� J �s ca�rYr
i
� #� „�, , -„ac.� "°'"�`'
I
LfGnL DfSCRPiiON:
. . I/a ot IM� tneosl t/a iorns q
19 Sw���Rnnge iS�EasI.�P'nNlos Caunly.�FldWa�tbeNg mrce 0 kulaly OeSC�Ibe05 s,�ltllows
LOMAIENQ al t�e Nwt�east corner ol Ue Nw\�eas� I/� ol l�a Saul�eosl I/L oi Sx�ion 13.
29 SwtM1, Rmge 15 Easl. GNdlos Caunly, flaido; lnence SOOD9'08"E, tlmq iM1e Eael ii�e
a�YSaMVNwlM1eos� I/i ol t�a SaulM1eoel 1/� af Section )l (bNng �Ae bosis ol peoringe Iw
�s iegol Des` iptlm). �o. 66>.9i �ee le�ty eNmsim
_, a, R Ao�� ��d�� � a:aF� .�. P e,55 a. ,�
uhli RecarEZ o1 VlnNioz Coun�ty, Glwitlo; t�mce kaving HwiE Enst ine o� In< Nw9�eas1 I/< oi
Soulneaat I/� oi Sec 'on 13. NB9�]'Si"W, ai g m�E Eoalarly le "
Pagl�t-ol-Way Ilne oi BE�NiER PO.N, mE mitl West Rtg1��t-ol-Way �Ne al BELCHER RO/iD. rezpxllYVe�ly,
50.Oi 1ee a Fe R BECANNING: 1�m e lai o��ng
Ri �t-o- e oi BEtCHER ORO: (iN t�ence�N00'09'OB"W. dan9 a Ilne SO.00�irel �W �lol ond
Imitl Eosl Ine o 1 i/� a 1 1/� al Seclim 13.e10 11.05
eet;'(2) t�nmce leoang w ne'Sp.00 Ieel1Was1 0l mE pordlel Mt�SUe East line o1 lM1e NwlAeost
t/� e Saut�msl I/� ol Secl�m 13. NOB']8'l9"W. id 6235
inlcsxl'ion Mtn Ine FigM1t-ol-WOy INe ol ST�IE ROnO 60, �accwENn Ia��iwiEo
OawwMml ol Trnnspalatim Rigl�l-ol-WOy Map 15WD-2501. EoleJ Februwy ]3, I960: t mce imNng
Rig5l-of-YbY liw al BELCHER ROPD. N89�2'30'W. olm soiE SauU RlgM1el- '1-NaY ol STniE
ROAOW�60, ame beFg Ilne SO.OD 1ee1 Sau�M1 oi anC pmollN wltM1 Me Nwth in o saiE Nwl�eosl
V m ue sa�m�,� iA sKi� u. ro. na.se i�i m ma oomi o m� �� .�m ue
Eas� IM ol ��ol cata�n WW�+�y as UesvAeC F peeE BoaY 1016. Page� �]29s ol I�e PuElic
ttortls�ol In ius County, �I IM1m eo+ny aod SaulM1 Riglil-oi-Way � oi STn1E ROFO 6
500'e0'S9'W.Pdan9 sok^EaSoul M1mst tM1al�cn os desvLeE F Dee� eorh 10�6. P�e 3�19.
Poge ] �ce 599�8'OZ"E. iw 3t063 lee tangenl
w Nwt�nly, tAenre Eoslnly oong�IM1e�w m'MYC ,�aEa�EmrNg o
53I�SSi"W.� Mtlg a ratlua o( 65.SO leel a angle 63tl]a5', an e�gtn a
leel. mU a c�or bear e 589'IB'O?"E w fi&') Ixlra ol�olnl o� ninsx w nt� a
nm-lmgenl �:ne; enc 8'03'E, Iw a� .a5 ievl �lo ine PpNT Cf 9ECANNiNG. ,
Cmta g SO6,B92 zQUwa icet o-�i.6J� oc es, mwe w less.
o xs w ioo
GRAPHIC SCALE
SRE DATA TABLE
� �, ^� o � '•'
euac �au (ro�ul
(wmo �v ie*r w[s) pz.su�sr wESI
l5xe sr .vnwoa[ gmic[ s��ax) (e.v5 ss wl�mea[ xm�cE s�mp
(�.zoo s m�a Ia�r�D lo ss mrxs law�l)
aaw .wu wrro (a.wo s xESru�w�l fc.x.w a i¢surtwi)
N.�oxM�iorry)� ]e6.vi�ass� a�aiir�g»tl
Y�B�Gxs (a�lNGSI
� (� 1
mxr(z(unp
,o �.�, ,�. .�a
Y�N'951�w n0.C�W[5)
�r (N�m�l
S4 (5am)
Su ln[s�l M l0
M w�xr (wrl s� m s�wnuss)
src �Mnl� - i.6
M�coruxww' us[ uw 1�1 � oK ��c
(s� xo s n�v� �c�xww�usc .wn) ar.�aal sr�s» � e�.ao� srb»
imri �wanv w�or x� 51 xi �e
�.� � �cw¢s Qv�ws
�
�
'� `
�
�
�
�
W U N
���o
a N�
� N�M
a �' C
� � O O
o>�
0
aI�I ac��
O o3 a
w N .- E
Y ���
g��
� �
1�
z�
W
°a
F m
O �
L=
F��-1-a
V
C-3