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FLD2003-10056 urban > studio architects Richard Zingale,AIA President urban s.t !1.IdioarchitectS Mickey Jacob, AlA Principal 655 I". Franklin Street. Suite 150. Tampa, FL 33602-4447 Telephone813.228.7301. Fax813X29.1981 :-ichardz@urbanstudio.com' License No. AA COO i 902 655 N. Franklin Street. Suite 150. Tampa, FL 13602-4447 Te!>ephone 813.228.7301 ' Fa" 813229.193\ mi,<i:icob@urbanstudio,com ' License t~o. ;".:)j'.::, COO 19C:-~ II II Brian Murphy Development Manager T81813 282 3900 Fax 813 387 2901 bi', anm u rphy@beckgroup.com Direct 813 387 5336 Cell 813 9182305 5100 West Kennedy Blvd., Suite 250 Tampa, Florida 33609 beckgroup.com Nick pavonetti Director of Capital Solutions JOHN MARSHALL SCOTT A.I.A. Phone Fax Cell E-Mail (813) 9 6 8 - 6 2 2 2 (813) 9 6 8 - 6 2 3 4 (727) 49 2 - 0 1 3 5 ScottAssoc @ aol.com ..-- ", DAYHOFF INC. Tel 813 282 3900 Fax 813 2880188 n ickpavonetti@beckgroup.com Direct 813 387 5339 Cell 813 376 9522 UDAY LELE President & CEO 5100 W Ke~nedY Blvd. Suite 250 Tampa, Florida 33609 beckgroup.com 802 N. 8elcher Rd. Clearwater, FL 33765 (727) 443-5544 . cell (727) 515-5910 . toll free (800) 354-3372 fax (727) 467-0272 . udayl@doyhoffinc.com Qn~,: ir}!j2'. ')1. l ,. Sunslhine Realty 636 S. Gulfview Blvd, Clearw'ater Beach, FL 33767 Office: 727-462-2500 Ext. 329 Toll FrE'~e 1-888"687-2500 Fax: 727-518-1118 Cell: 7"27-480-3775 Email: mnjani@waterfront-realtors.com Each CJfficreI is Independently Owned & Operated. e Anjanf S. Abhyankar REALTOR. rtmlim.i www.waterfront-realtors.com [H REALTOR" ~ Office 1997-2002 ; Clearwater -~ )~ Planning Departmsnt i 00 South ~Ayrtls A'Jsnus Clearwater, Florida 33756 Telephone 727-562-4567 Fax: 727-562-4865 CASE #: F1J;;E DATE RECEIVED~P 7dOS ~(o"w- RECEIVED BY (sta Initials) _________ ATLAS PAGE #: Zmm,JG DISTRICT: L.AJJD USE CLASSIFICATION: SURROU~JDING USES OF ,A.DJ~,CEm PROPERTIES: NORTH: ________ __ SOUTH: WEST: EAST: c:J SUBMIT ORIGI~JAL SIGi'JED AND NOTPo,RIZm APPLlC,A,TIO~1 o SUBMIT 13 COPIES OF THE ORIGINAL APPLICATION including 1) ccliated, 2) stapled and 3) folded sets of site plans o SUBMIT APPLICATION FEE $ l2bS * NOTE 14 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PL.A,NS SETS) FLEXIBLE DEVELOPlYIENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 06/23/2003) -PLEASE TYPE OR PRU\lT - use additional sheets as necessary A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: SrA-rlON ~VA~ LLC- I MAILING ADDRESS: b~OJ CuV'bl-AA/D ~e.er SvITt 310 ~J.v"frE.l2-, FL 5"7,75; E-MAILADDREss:rc..lc.A~Sc.~ 0.01. ~ PHONE NUMEER:72-7 . 'f'fCJ ./qttS CELL NUMBER 7 z... 7. fn'fz. . ~t605 FAX NUMBER: 72.7. '/1{ 5. .q , "0 PROPERTY OV/NER(S): (-{LA. '1;fV€ 110 l:rt>. (Must inClude ALL owners) B~14N fv1 vf!.f>i-I Y MAILING ADDRESS: 5100 W. JLeIVIVE.b'1' E\..vb. ~Vlre: 2-5"1 74/V'1PA, FL S3bC'Of E-MAIL ADDRESS: \:\r~Mvrphy@ h-u..kJl'l:;f. 4M PHONE NUt<.1BER: ~I S. ~'67. ~~3~ CELL NUMBER q,r3>.qltb'2-~c:; FAX NUMBER ~/~. "Z-9:ll>'O/~'6 AGENT NAME(S): ~~ bE. v'G:r-of M~/\/f I lJ-L 8. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS of subject site: hz-c!' C.-L-EVf:.J...A.vb Sn:::e ET LEG,A,L DESCRIPTION SE:E A1T 4U1~b SVe. Vf:'( CE.cf?~~. FL-- '33755 . PARCEL rJUM6ER (if not listed here, please note the location of this document in the submittal) 6~ A7rAt"' H€.b 'i 2.., ~ ~~ ~F .0,71. Au-f.S , facres, squar~ feel) 1 Lf to PARCEL SIZE PROPOSED USE ,A.lm SIZE L..c-bo ,.-..11./1 V N'\ UN" ITS. . /5", tn!O '5F" R.~ 'Sr 4./ f44,v'(/ 'D r._ .. . I InurTlber of d'NsUinq units hotel (,:Joms Qf sauare fearage ':)f n('nrssid~ntrallj5~1 ~-~~~_L- - -, DESCRIPTIOIJ OF REOUEST(SI~_E.~~5 UNIT~ P~-IV\ -rf-fE. r'IJBLlc... I t)c.~..rrtvE. ftQL 1~Yk~ !include all reCJu~sfed c:Jde rjE;\)iaticns: eg r€:duction 111 requHe.j flumber elf parking spac-9s, specific use €-tc I ~VL~ j),/M~,4~~-E~38g ~jg.~b TO_.l:U_EI4t/4Tf. ;r~__4tvb IroPl/F:,Wk~r~ P3:]~ 1 '--If 7 - FI~ flbl;:. [''=. ~1'jt.r'len1 t:..~,pl!Cetlljn ~IJrl~l:sh-31 !Si,~ !nfili R.:<1~ ___-=11;pmsIi1 Orr1jE<:f-- Clt'i ,'_)f (',I':::;Jr :.::t~i DOES THIS APPLlCA TIOt-J IfNOL VE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR),J-. i"'AEJIOUSL Y APPROVED PLMH'JED u~m DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO -\.L- (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Section 4-202.A) o SUBMIT A COpy OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTlr~G OWrJERSHIP (see page 6) D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A) o Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, cO'lerage, density and character of adjacent properties in which it is located. :>~e.. A-1fA(_f.l~ 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. ?E~ A-1f4G-HEb 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. s€.€- A-1IAC-H €.h 4. The proposed development is designed to minimize traffic congestion. ~€.. .4-11 A I' .Jot f. h 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. sff. A-ifAc...t#E.h 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. :,~f. A1\A(AIa o Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIP., (as applicable) - Explain how each criteria is achieved in detail' The development or redevelopment of the parcel proposed for development is othertlise impractical without deviations from the use, mtensity and development standards ~€€ -Pr 'JtA.u.t ~b Pag'o 2 Of - - FlpfltJf;:> DR p,,-,pm,"nt~pplic;afi01l Compr'!h;:>nsIJ'? [nfill C::",derelrjpmen1 P'Ole(~f- City)! (:Is'i[ tHIS' 2 The development of the parcel proposed for development as a comprehensive infill rede'/elcpment prOject or residential infill project lIill not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site tilth the improvements.) L E E :2 _ A-1f Ac... H.€.h . .____~_. 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Cleart/ater. ~~ +1TALflE.b 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. ~E. A-irA (-ff f.l:) 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not othert/ise available in the City of Clearwater. M 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. /:. c ~ ::>'\.. ~ .,4"l\AL~l> 7 The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Cleart/ater as a whole. ~~ A-~ALHe.b 8. Flexibility in regard to lot width. required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of eleart/ater as a whole ~~ ,4. if -4c.. t1 e..b 9 Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development S€~ A-1I A(...H e h 10 The design of all buildings complies with the Tourist District or Downtown District design guidelines in Di'Jision 5 of Article 3 (as applicable) Use separate sheets as necessary _~~€.b D;=JI;J-? ? ,-.f 7 - I=!D.-ibll? De F3!r)prn-?nt .6p(111':,3ii'-Jf; ((-lP-jDf?h~r\SI;'e Infill R-7Jd;:.\ ~1'JPfTle!lt P':;,!er.:t- elt,;, ell (:IS:=Jr",';:::j!Sf E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) o SIGNED AnD SEA,LED SURVEY lincluding legal description of property) - One original and 12 copies; o TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed); o LOCATION MAP OF THE PROPERTY / PARKING DEfvlAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number 01 spaces), Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; Sf:. E. 41i AC-I-f E.D o GRADING PLAN, as applicable; / PRELlMlr~ARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); Corvbo 'Pt.A- T o COpy OF RECORDED PLAT, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) o SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas, including handicapped spaces; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201 (D)(i) and Index #701); Location of all landscape material; Location of all jurisdictional lines adjacent to wetlands; Location of all onsite and oftsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks !:I SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement: Building and structure heights; Impermeable suriace ratio (!.S,R.); and Floor area ratio (FAR,) for all nonresidential uses o REDUCED SITE PLAN to scale (8 % X 11) and color rendering if possible [] FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional Information on site plan One-foot contours or spot elevations on site; Offsite elevations if required to e'/aluate the proposed storm water management for the parcel: All open space areas; Location of all earth or water retaining walls and earth berms Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned! Structur31 overhangs Tree Inventor,! prerared b,! a 'certified arhorist' of all trees i3 [lBH ,-" q1eater reflecting size '=anopy idnr' lines I and -"II'lIk-,n e.f such trees p;:jrj~ 1 ,)f 7 - ~lefible D,=,/c,loprnent .t.,pr:'lir:a.tion . C>)nlri!eri~r'sn.'C-. Infill RecJeV91'lprnerd PrOlecf- C'l\' ,-If (:le:::1I /,:~1~1 ~ G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) c..ookbtl'JA'TE..b \tv rrH LANDSCAPE PLAN: All existing and proposed structures; I'James of abutting streets; Drainage and retention areas including swales, side slopes and bottom cle'/ations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indicated on required tree sUNey); Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; . Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes -ro BE. C- f1Y ~F C-l..EA R-r.../ 47ti.. o REDUCED LANDSCAPE PLAN to scale (8 \/2 X 11) (color rendering if possible) o IRRIGATION PLAN (required for Level Two and Three applications) o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21) o STORMW A TER PLAN including the following requirements: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed storm water detention/retention area including top of bank, toe of slope and outlet control structure; Stonmwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations o COpy OF PERMIT INOUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable o COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g Tourist and Downtown Districts) or as pan of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project. o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if possible) as required J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height. etc.), indicate whether they will be removed or to remain CJ A.II PROPOSED freestanding and attached signs; Provide details including location, size. height. colQrs, materials and drawing :::J Comprehensi'JE: Sign Program application. as applicable (separate application and fee required) ::J Reduce.j signage proposal (8 " 'l 11) (colon If submitting Comprehensive Sign Program application PC1a~ :: CJf 7 - "'I"",ble De.;sl"rnl'?flf ''.poII'''''f,,, (>J'llpr",h'?n~"!e Irdill Rede'Jelopmen! p'f1lecl- C:,I, of I:Iealvi31er M. AFFIDAVIT TO AUTHORIZE AGENT: eRA. JrJIVt:. l-fo L-Tb, (Names of all property owners) 1 That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 02-lb ~VEL.Arvb STI2..f.ET G-eA~\./ATE.R. , -FL 33755" 2. That this property constitutes the property for which a request for a: (describe request) 3. That the undersigned (has/have) appointed and (does/do) appoint: {2.EQv//2-Eb Prt~l::::wV~ Pr/BWC- ~fALE5 ~IL. CEVf.W/V\fiv',. L1L V" E. ~r; VI'" rTS F~,,^ TI/.f. P0'>l-K-:fA; e-e.1\/r1~ P oOt-, ~ t;,vc.. (;. F(LoW\ ~8g ~Q~t2..(;:D To b~ Pl2.lvATF- ~P,4c..E.S AND fro as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 3. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 4. That the applicant acknowledges that all impact fees (parks and recreation, traffic. etc.) will be paid PRIOR to the issuance of a building permit, certificate of occupancy, or other mechanism, whichever occurs first; 5. 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; 6. That (Iiwe), the undersigned authority, hereby certify that the foregoing is true and correct. P- ~ t:. 7ft- - . / _, /"'i-- ,"" /....~ / .--/ ~ ,..- ,1-1,,4/4 :-z...e...- 4-t ~ I -1... ,~Y '-:7 ;, i ,,',--.J - TJ I Property Owner, I / // / .. ) /J fi,. '"' tvvl- Jt- /' jJ .4 Prop:rty~~( / ,/~,./ I--;- ---r-' ~ L---T'-7' // STA TE OF FL;~Di, 1 / ('1t- ' / ;?/( COUNTY OF PINELLAS Before me the undersigned. an officer duly commissioned byelaws of the State of Florida. on this {'uf, . /)003 personally appeared Deposes and says that he/she fully understands the contents of ", \ \Ii Ill'" 1/ III \'\ ^ F II( ~\.' _~QI'. "'.' raO,f /1';, ~ cJ\~e.:;.;~... ~ ~ .... \,}S?~I~'t'\ i:"'J-Ae.. ~ ~ : (>~.)'t;;, (('::,e 2S ;/-9.,". ~ .:: : ::....'-' ~...,?' '"Q... ~il .. ~ :. .~rJJ t.,.. .....:; =.... ..... w- S'IPlanning DepartmentV\ppIiC~OT1 formslde.v~lpRIll/mt rehd003 FORMSlcomprehensive infi/! application 6-23-2003 doc ~~... ~[H)'Jf)\J '~' /,@..~ ~~, .'. 1;. ~anj~c't';\~5.'. ,9~ ~/. -'f1;.. '..:) !:Jir.-If'.~!~.. <-<< ~ ~ /)/...... .....".... c..\' \..'~ I'll/ vdLlr C-C i>.\ <;. ."" 111""'11111\\\\\\\ day of who having been first duly sworn e affidavit that he/she signed. Q ~ /}.))- 0 . ) Notary Public ----- J.O~ My Commission Expires: STATE OF FLORIDA, COUNTY OF PINELLAS ~ U- Sworn to and subscribed before me thl.'s _~ I day of , a.d. 2003 to me and/or by Ralph Stone, who is personally known to me. Nota~ t. ~ My Commission expires: 11.11111", c~{~1I},fti\\, Caro~yn L Brink ~:.:-;--~.~} M\ C~fv1MISSION fi DD203569 EXPIRES >0,.'(0".... ,. rn May n 2007 ~ ~" - Al~It"1 T'iPL' Tt'fi.' r--/ltJ ItnUr.''.;JKE. tNC _~__'---___:____ Inl:1t D,....-!,...,., ''-.!r lnr-nClni Pr"d;':J'! (-It,,')l it:.::~r/,3fgr K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) o Include as required if proposed development will degrade the acceptable level of service tor any roadway as adopted in the Comprehensive Plan, Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual Reter to Section 4.801 C of the Community Development Code for exceptions to this requirement L. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application STATE OF FLORIDA, COUNTY OF PINELLAS SWRr~ II to and subscribed before me this ~ day of ~ A.D 20ft to me and/or by , who is personally known has produced as identification, __ ,'" I /''' 'i (':L,' . L- "'.. f'..,.-u,. i~/ ! -I'.' ) "" ,l. ":Y" J ----\, / './ / )! , . // L." ./..-/,:1) : Signature' b1-property owner or representative -' / /) " (-flf/JOe . . \\\. .' '. /'1", .;.:.,,'\ '" ~(j!1 A. Fr~ lil/;'. * ~\\....t....."'~ ~ *' .., . ~ f -. ~~ __~~ .. CJe;" '..<\.Y...ler ')5'. ..<J .. ~ . ~_ ,CO'\' .c;,~ ~I -. ~::; _ :::r*~ CSfl-:. =*: CI) Co." ~ :*= - . . - ~ -z ~ #DDO~Ci107 : ~ ~ ~0... ~ ,v ..~~ ~~. J;Oon""d~... ..g~ ~'r).-.".~f:a;n:tr~':fJ"'..~" ~. ~ /~U: .....'~.....r"'~ ~ '/1111 'aile 511>:1'2. v~.:.:.~ 'II II ""11 111\"\ !\6-lJ1,6ii-.- ( &4oU-1//W-.- /)4. ~WTv/~ ~M STATE OF FLORIDA COUNTY OF PINELLAS Sworn to and subscribed before me by Ralph Stone, who is personally ~ this ~ day known to me. of ~ , a.d. 2003 to me and/or c~_ ';f.~ Notary Public My commission expires: ....~-:;.::..ri1;;,.. Carolyn L Brink {:r~''j:i MY COMMISSION' DD203569 EXPIRES ',. A@: May 22, 2007 "~:.;rf$-" ~'J!mED THPU i~CV r.r.I"I IN$UlttNCE INC ~.1::l(J':' h i.-d ~ FI,?YIQIE Cle,,''?I!~\rlrTl?nl 1l,~Jp!i(:atI01' Ct)rT1Du::hi?r1::';1 _/CJ int!!! Red-?:"e!liprTiel 'd Pr:-)jf-),-;t. (-iI'.' 'lf (":If;:-3';/lril'-jl D. Written Submittal Requirements General Applicability Criteria 1. The proposed development is located downtown. The predominant building height in this block is 30'. The perceived building height of the proposed development is 30' The project includes two 15' step backs, one at the 30' elevation, and one at the 60' elevation. The aesthetic character of the buildings' exterior is intended to provide harmony with the character of adjacent properties and to coordinate with the proposed design guidelines. 2. The proposed development is bordered by a public park to the west and a historic post office to the east. The proposed development will add value to the site. The current value is approximately $1.1 million dollars and the proposed value is approximately $40.1 million dollars. 3. The proposed development meets current codes. Security issues will be addressed and developed through the design of the site and building. The proposed development will bring residents to downtown Clearwater. It will also provide additional retail and restaurant space. 4. Traffic from the proposed development will be routed onto Laura Street to minimize traffic congestion and develop a pedestrian front along Cleveland Street. The proposed development will also be closing an existing curb cut on Cleveland Street. 5. The proposed development is designed to be compatible with the community character and proposed design guidelines. The predominant block height along Cleveland Street in this area is 30'. The post office and retail on the south side of Cleveland facing this project is predominantly 30'. The perceived height of the proposed development with the step back is also 30'. 6. The proposed development is comparable with the residential and commercial uses of the area. All vehicular deliveries will be made from Laura Street. The proposed development is also providing appropriate level of finishes on all four elevations per the downtown plan. Comprehensive Infill Redevelopment Proiect Criteria 1. The proposed development would be impractical without deviations from the density of 70 units per acre and deviations from the parking standards. The proposed development is using residential units from the public incentive pool and the use of internal capture in the parking calculations. The proposed development is providing residential units to downtown Clearwater. Downtown redevelopment plans encourage density in the downtown core. It also provides non-residential uses on the first floor consistent with other non-residential uses in the area. The proposed development is also providing 100 public parking spaces to the downtown core. 2. The development of this parcel as a comprehensive in fill project will enhance the property values ill the area. Tile abutting property uses are non-residential. The proposed development is bringing like non-residential uses to the ground level. The existing property value is approximately $1.1 million and the proposed value with improvements is approximately $40.1 million. 3. Retail, restaurants and attached dwelling units are permitted within the city of Clearwater. 4. The proposed development is compatible with adjacent land uses and is likely to enhance the community. The proposed development is surrounded by non-residential uses. The proposed development is bringing like non-residential uses to the ground floor. The proposed development is also bringing residential units to downtown Clearwater which is a desired element in the redevelopment of downtown Clearwater. 5. N/A 6. The development of the parcel is bringing viable uses to downtown Clearwater and is contributing to an active pedestrian streetscape. The design of the parcel incorporates the current character of the surrounding properties and coordinates with the proposed guidelines for the area. 7. The proposed development is bringing residential units to downtown. The project will benefit downtown redevelopment by bringing viable uses to the property and providing a high level of interaction with the street and pedestrians. 8. The proposed development brings residential units, public parking, retail and restaurant space to downtown Clearwater. The project makes significant contributions to the redevelopment of downtown Clearwater. The increase in density is provided by the public incentive pool. The deviation from parking standards is relieved by the internal capture of the project. The retail and restaurant spaces will have significant walk-up traffic. The residential units themselves will also patronize these establishments. In addition, the public parking spaces likely will be used to for the retail and restaurant spaces. The height increase meets the character of the downtown plan. The perceived height of the project is in harmony with the predominant height of the block. 9. The proposed development includes 100 public parking spaces. Deviations from parking standards are relieved by the internal capture of the project. The retail and restaurant spaces will have significant walk-up traffic. The residents will also patronize these establishments. Finally, the public parking spaces likely will be used for the retail and restaurant spaces. 10. The Clearwater Redevelopment Plan has described a vision for its execution with Goals and Objectives broken into specific categories that need to be satisfied with particular consideration given to the District the project is located within. The Downtown Core District and especially Cleveland Street, (Main Street), has historic references that are the basis for the development of the Ground and Second Floors of our project. Relying heavily on a Mediterranean vernacular found in the adjacent Post Office, the arches of the Ground Floor Arcade and Second Floor fenestration set up the modulation of our Ground Floor Loggia and fenestration pattern of the Second Floor. We plan to clad these surfaces with stonelike material, add canopies for additional shade, and move the actual building face back and forth to create an animated street environment for the Cleveland Street pedestrian. The Ground Floor space will be occupied by retail and restaurant tenants, which will be clearly visible through large glass windows. The Building steps back 15'-0 at the Third Floor respecting the predominant building height of Cleveland Street, and maintaining a human scale as pedestrians move through the Loggia. Although the building front door is on Cleveland Street, these design features are utilized as consistently as The Uniform Building Code will allow on all four sides. There will be no driveways on Cleveland Street and great care has been taken in detailing the west elevation that serves as a backdrop to theaStation Square vest pocket park. There is an interest in attracting residential development as a key component in the Downtown Core District with the densest articulation of this effort in the vicinity of our project. Our building has 11 Floors for a total height of approximately 150' - O. This height is broken after the Third Floor into two sections; the building middle, three floors which house the parking spaces for 140 residential units and an additional 100 spaces to be used by the City of Clearwater, and the building top which steps back an additional 15'.0 housing six floors of residential units. The elevations are broken into a series of broken planes constructed with stucco walls and punched fenestration painted a palate of rich warm colors. Curved balconies protrude with railing detail that accent and reinforce the design vocabulary. The building is capped with a stucco crown mold detail that captures light creating depth and mass. The project will significantly increase the residential opportunities and population in the Downtown Core. There will be a diverse offering of residential units ranging from 800 square feet to 2750 square feet. In addition to the rooftop pool and fitness center residents have the ability to use Station Square vest pocket park. The additional population in the park, the restaurant's outdoor seating area on the southwest corner, retail, and the continuous Loggia on Cleveland Street generate a level of activity and energy that help support the development focus of Cleveland Street, (Main Street). In the previous paragraphs we have described the considerations that have been taken to provide a meaningful pedestrian contribution to Cleveland Street and the Downtown Core. Architecturally we have responded to the historic vernacular of Cleveland Street, as well as the architectural direction envisioned for the development of Clearwater. The project provides additional residential, retail and restaurant opportunities with an appropriate urban vitality. We feel that our project can only be seen as a memorable experience for residents and nonresidents alike, now and for many years to follow. E. Supplemental Submittal Requirements Parking Demand Study Parkin Table Residential Restaurant Retail TOTAL *Providing 100 public arkin s aces Re uired 219 149 20 388 Pro osed 221 3* 2* 226* The proposed development includes 100 public parking spaces. Deviations from parking standards are relieved by the internal capture of the project. The retail and restaurant spaces will have significant walk-up traffic. The residents of the project will also patronize these establishments. In addition, the public parking spaces likely will be used for the retail and restaurant spaces. The project is also in close proximity to other public parking garages. The parking garage on Garden Avenue and the parking garage on Pierce Street are within an easy walking distance of this project. Buildin!!: Operations The first floor of the parking garage will have a clear height of approximately eighteen feet. Smaller delivery trucks, such as UPS, Fed Ex, vans, etc. will be able to gain access to the restaurant, retail, and residential space from within the parking garage. On the ground floor of the parking garage, there will be five reserved spaces for the restaurant and retail spaces. One of these spaces may be used for deliveries. Larger delivery vehicles, such as semi- trucks can gain access for deliveries by parallel parking in loading zones either on Cleveland Street or Laura Street adjacent to the building. The City of Clearwater will operate the 100 public parking spaces on the first two levels of the parking garage. Resident parking will be located on levels three through five of the parking garage and will be controlled by an access gate with a card reader. DENSITY POOL CALCULATION 42,365 sf Site Size multiplied by 4 Permitted FAR 169,460 sf Maximum Permitted FA 169,460 Maximum Permitted FA less -15,000 sf Maximum Retail Space 154,460 sf Remaining Potential FA 154,460 sf Remaining Potential FA divided by 4 Permitted FAR 38,615 sf Adjusted Site Area 38,615 sf Adjusted Site Area divided by 43,560 sf sf per acre 0.88648 acres Adjusted Site Area 0.88 acres Adjusted Site Area multiplied by 70 units per acre 61.60 units permitted 146 proposed units 61 units permitted 85 units requested from density pool REQUESTING 85 UNITS FROM DENSITY POOL TRAFFIC IMPACT STUDY 5. CONCLUSION The proposed Station Square Redevelopment is expected to generate approx.imately 102 net-new, two-vl/ay trips during the P.M. peak-hour. Under peak-season, peak-hour, post development conditions. the study intersections operate at an acceptable Level of Service during the P.~1. peak hour. The access plan as proposed in this study \vill provide safe and efficient operation for the proposed development and adjacent roadways. \ \'ffl ENe; P'';EElUNG. INC h: l'''I1Cef)!' 1 011:; 17S St~Jti()n ";quare ILl, dnl 1-+ Station Square Redevelopment October 22. 2flO3 .nvn-~ ...-.. I'"'' "'/ _" _. '''-' MO{J un-09.( (lU)''''~ OOU-lil (UlP.' ":JIVI 1)Nf1l~~~N3 ':'~':'~~~;'':::; ';;;"@1o 717. ~ 'HHJlJf6u31'1 """3 '/"./IY'"'' ."'"rp""7 VI ~V uHUflJj,3 :JIII.~J. ."U'"ld __""'''3 NAf~ NVld :IllS ~o Ol:lO::I]~ [J HOU:lflllLSNO:::l [J AS NOUdlIDSlQ ....,11 ~"~;)IIOJ..IOIll<l'1\JII ~""D 3lVO 'ON fg-,-ct I , , , , . . ONlU,"~]d rJ L- L S,I;-OOL .~W Nlloon 'lIlOY......TDlU MAS ......"110 ,OZ"'ML ....Vt'Nlm13l:lcl[] ~;lOlflSSI ....-..._._........nuo._ ~l_"".'''' .~. _ tuWI-.. J"" 'UI"'3'~~'1I1~ ..- :-='.ciu-='~ 11I0/_................__ )10:19 VOlllOl:l 'll:llVMllV:110 3~VnOS NOI! VlS ~ji ~ I!!!!J @ ~ ::g ~ dI @, ~ j;! 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R :n\r' ~:. ccr , Z4"" ~~~/ " 101,00' (lA) 1:,1 I' I I I I, I' - L.',)' (l-'J ;.; : ~ ::~0;;:;;"~ ~~: ~.~ a ~;~~~ ~~;; :. 1 j' l~;! l i lll!l!!!!l!! ! ...... 2.;9..E8 r:xJru)> -.roo r =0....-$10- g}l~g:~ 6~~o~ ~~g~~ no;r<;;.......8 QUI.......--Z 5~!Dg.. ~g8CL ~~~g:: Q D..oct ~:j'~~ 'tIo~ ~~~N ':fro:::...... ~g~~ :YJ<' . ~_.......~~ ::J Z:1 ~ci'og. t:-g ~:: nOIQo g!'l:::j- ~O~:T '< - " ~:;:a!f ut()()~ o~::;;::r ""'O":b--" ~ ~.~g .z::O~B og~~ "00. ~~ '..'v , ~ .:, ~ M '-' '0 '" '-" "0 l'..> C) c::> (..k) "; ;li1;lm;;~ij~;;;; , ;:; f:~ ~~~ i:' ~'" :5 (lAr\~' ''':'0 ~r u.~ 9::0,- 2~~ .";;1,,, .", a-t ~O -~ ~~ I I I I I I I I I _ ~:~~" .~'~:O~====b"'?~~ --, 1~'5" (P) CUAII-l l_ n,f.l(l - ~ ~, ] . n N ~ <:> '"I ~~ :BE; g.... :><0. iO ~b 0.... Qoo iO mr g~ "... ID 148.99' (Ii) Wr g~ "", U> '. II ".iii ~I": '7 ", ___l:S' :;-\ ':. '::t.o -. " z- f~' ~ .!' rr '-" , ., -.../ /.' j ( ~lz,f z ~', II g;. 4 ~ Iii iri .,. c' II I \\ · f ~;"'1,.. <11 I~ ~l' ~.,:" U ,v fJ\ 1'1 . "I ~ "1 : \. I , : I I I \ I , 2' ';i;~,- ..... t1 \ ~ ~' ~1F ~f' :I- ~ ;1; ~ ~,-- C' ... lJ ... . ---~ . z ({I PI o :=l ~ LID; ~. iii.... ro ~~ UlUI o:r O'lj C ZN -jID -<. , (/\ ~g j);xl ~~ ). ~ Pl (]I '" .. tn --< CLWCoverSheet FLD2003-10056 628 CLEVELAND ST 301 Date Received: 10/23/2003 STATION SQUARE., LLC ZONING DISTRICT: D LAND USE: CBD ATLAS PAGE: 286B 'll r' T :) (I, ..It, l .-.<,') DENSITY POOL CALCULATION 42,365 sf Site Size multiplied by 4 Permitted FAR 169,460 sf Maximum Permitted FA 169,460 Maximum Permitted FA less -15,000 sf Maximum Retail Space 154,460 sf Remaining Potential FA 154,460 sf Remaining Potential FA divided by 4 Permitted FAR 38,615 sf Adjusted Site Area 38,615 sf Adjusted Site Area divided by 43,560 sf sf per acre 0.88648 acres Adjusted Site Area 0.88648 acres Adjusted Site Area multiplied by 70 units per acre 62 units permitted 146 proposed units 62 units permitted 84.. units requested from density pool REQUESTING 84 UNITS FROM DENSITY POOL STORMWATER CALCULATIONS .. PROJECT: PROJECT #: FILENAME: Station Square 1005178 K:\CON CEPTS\l 005xxx\1 005178\Drainage\[Pond-comp.-clearwater .xls )mod-rat APPLICATION FOR PAYEMENT IN LIEU OF RETENTION RATIONAL FORMULA Q = rate of runoff (cfs) c = runoff coefficient i = rainfall intensity (in / hr) a = contributing area (ac) A = TOTAL AREA OF SITE (Divide s.f. by 43,560)...................................................... IJC = Cpost - Cpre (Weighted Runoff Coefficient After Development................................... Cpost = ((.95 x proposed impervious area) + (.20 x pervious area)) 1 total area Cpost = ((.95 x .904) + (.20 x .069)) 1 0.973 = 0.896 Cpre = ((.475 x proposed impervious area) + (.20 x pervious area)) 1 total area Cpre = ((.475 x 0.897) + (.20 x .076)) 1 0.973 = 0.454 1= 3.6 in/hr (based on 60 min T.O.C.) t:J:J. = llCIA......................................................................................................... CITY OF CLEARWATER VOL. REQUIRED (N). x 3600 sec.)...................................... WATER QUALITY VOL. REQUIRED (Minimum first 1/2")........................................... VOLUME PROVIDED (Must be greater than water quality volume required).......................... TOTAL VOL. TO BE COMPENSATED BY P.I.L.O. (vol. req. - vol. provided)................... P.I.L.O. AREA total volume 13ft. (assumed pond depth).................................................. ESTIMATED LAND VALUE..... ...... .................. ..... ............................................... TOTAL AMOUNT DUE (Appraisal from 3/03 used)....................................................... 22-0ct-03 03:26 PM 0.973 (ACRES) 0.443 1.55 c.r.s 5.582 c.t. 1.765 c.f. 1.765 c.f. 3.817 c.f. 1.272 s.f. $ 20 per s.f. $ 25.448.29 FILE !ir}2&hl-~ "'1~ol"';~ ~P/~ J ()- '2..:2... - D~ E. Supplemental Submittal Requirements Parking Demand Study Parkin Table Residential Restaurant Retail TOTAL *Providing 100 public arkin s aces Re uired 219 149 20 388 Pro osed 221 3* 2* 226* The proposed development includes 100 public parking spaces. Deviations from parking standards are relieved by the internal capture of the project. The retail and restaurant spaces will have significant walk-up traffic. The residents of the project will also patronize these establishments. In addition, the public parking spaces likely will be used for the retail and restaurant spaces. g ~ N ...... ~ ...... ~ ~ S 0\ "'lIt ,.-.( = ,.-.( ,.-.( = = = =a =0 =N =...... =~ =~ f'f")0 =..... = a; N.... ,.-.( = ..Q =#: ..... C. .... ~ CJ ~ ~ '0 .; =- -= = C) e < C) Z = ~ N ..( ~ ~ ; ii ~ ~ 8 -; ..... u ~ = 0 C) u a Q) 'C :0 ~ .~ Q ~ ~ '0 C) U = .. ~ ~ \0 lI'l o o ...... I l""l C) 0 z ~ . ~ q ~ u ~ ~ - ~ = ;::3 o ~ lI'l o N~ ...... c::> c::> II'i c::> M~ ... 6I'!t .. -; - C) Eo- e ~ - ~ = ;::3 '0 ,g ~ r,; ~ ..duo -= ~ e .... ell j:l., :eo ::; ~ < '2 > "ij ... ~ =: ~ C) = C) z e ... c;:: = C) u C) z -= = 8 ... < C) Z .:.l: = .. = ... ~ ~ =- o g ~ II'i ~ c::> N~ M~ ...... ... 6I'!t .. -; .... = E-o d o rJ) .... o C1.. d .... .... = o E .... ell j:l., L_j r-- o o ...... ! rJ) ~ CI tf) ~ E tf) c: o +- .~ a. a. cu Q) :6 '0 Q) E o .,;-S 'E 5 ... Q) 8.:6 cu 0 ... ... ..e ~ !:::c:'O ::i: .Q Q) D:ro~ woo D..~c: <( a. Q) I-CU..o Oc:= z cu .- ... :: !2,E::J (1)...0 -0.>- ~ 'Q) -g o cu ~'O cu Q) II) := .- Q) .~ "S; ~~ Q) ..0 e. .J "- 'u <J " ~ <J -J <::( 2: - (!) -- ~ o 'Cl ~ p... ~ c: o fa "~ a. a. cu .~ ..c: I- ~~ ~~~f;:~~~i~ I G I NAl Fax: 727-562-4865 /~MIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ~ SUSMIT 13 COPIES OF THE ORIGINAL APPLICATION including // 1) collated, 2) stapled and 3) folded sets of site plans ~ SUBMIT APPLICATION FEE $ l2b5 CJo'\$t: #: - L DATE RECEIVED: RECEIVED BY (staff initials): . ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACEf'JI PROPERTIES: .. , NORTH: SOUTH: WEST: EAST: [ L.d * NOTE: 14 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 06/23/2003) _ PLEASE TYPE OR PRINT-use additional sheets as necessary A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: SrA-noN ~VA4E, LLL MAILING ADDRESS: hsOJ (.u.1/6.l...AN'~ ~eer ~ITf.. 310 ~"VA:re./l./ FL 5375; E-MAILADDRESS:ro..1U1t~S&.NJ@ 0.01. Cdh\ PHONE NUMBER: 72..-7 . I.f'1CJ. l't"S CELL NUMBER: 72.7. ~'f2.' ~~o5 FAXNUMBER: 7z..7.,/,/5..q,,,O PROPERTY OWNER(S): (.(LA, 1';;NE. 110 l.::rt>. (Must include ALL owners) AGENTNAME(S): ~"- l:::>E."~~M~I\/f, LlL. B~I.qN fv1~t'H'( MAILING ADDRESS: 5(00 'W. !LeIVNE.b'1' E\...vt:>. f>vlT"E 2...:" -r;,.A1PA, FL 33h()~ E-MAIL ADDRESS: \.'\riM,,^vrp~@ htG-kJ~f. 4M PHONE NUMBER: ~I ~. 3~7. 1"'s36 CELL NUMBER: lbl~' q lib, ~~5 FAX NUMBER: t6/"Zy. "2..<&'0' Ol~~ B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS of subject site: h'Z-fb LJ..6,VElAJ\/b ~~ ET LEGAL DESCRIPTION: S€.E. A1T AuiEb SVe. VQ( 6e~~~. Fl- '33755 . PARCEL NUMBER: (if not listed here, please note the location of this document in the submittal) ~~ A7rAt'_ti€.b '-t 2..., ~ ~~ ~ f PARCEL SIZE: o . "17 /krf.,S , (acres, square feet) l'1b UN' IT~ . . PROPOSED USE AND SIZE: ~bDN\.I.vlllN'\ /5" ( t7lX) /l..ES-rr4o/ PA--r/ ~F" (number of dwelling units, hotel rooms or square footage of nonresidential use) _ K.€.TAIL. ~PAt....E. DESCRIPTION OF REQUEST(S): _V~~ ~y U,v'IT~ F"~N\ -rfl€. PvBLlc.. I N("~vt ~t.., Rf.bVl-E: (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) ~~ V~ F~ ~.., I2...EaVl~E.b To 2Z6 'Pf4114TE. ~rA~ twvt.\ I()() Pt/&ut- 51>4:8 Page 1 of 7 - Flexible Development Application. Comprehensive Infill Redevelopment Projecl- City of Clearwater DOES THIS APPLICATION INVOLVE THt::.IRANSFER OF DEVELOPMENT RIGHTS (TOR), A , './IOUSL Y APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO (if yes, attach a copy of the applicable documents) c. PROOF OF OWNERSHIP: (Section 4-202.A) ~ SUBMIT A COpy OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see l;g'e 6) ~RITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. ?~E. 41f4(~+l~ 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. '?Ee A-1rAUf Eb 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. S€.€- A-liACHe.h 4. The proposed development is designed to minimize traffic congestion. ~€.. A-nAl'..H~b 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. ,;f~ A-if Ac...il E.h 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. ~~f. A1\ AG-fIEh ~rovide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain how each criteria is achieved in detail: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. ~€~ A-1\AUt~b Page 2 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) SEE .4011"" A.c...H.€.h 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. ~e.. 04-- 'fT Al...# eb 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. ~~ A--rr~U€.1J 5. Suitable sites for development or redevelopment ~j ~he uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. rJlA 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. L C to ?'\,.~ rllt"AL~l> 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. ~~ '+1\ At-tl e..b 8. Flexibility in regard to lot width. required setbacks. height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. ~~ 1J..1f~c.H~b 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. ~G A-1T' AtJI iSh 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). Use separate sheets as necessary. ~~ A1f",~e.h Page 3 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater 4~, E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.R.) ~NED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; ~ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, ~Iuding drip lines and indicating trees to be removed); t;(' LOCATION MAP OF THE PROPERTY; r~ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to ~ the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; S€.E. A-lIAt.4-fE.b -e--~DING PLAN, as applicable; ~PRELlMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ~t>o 'PL.A-T -e-COPY OF RECORDED PLAT, as applicable; F. ,ITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) 01TE PLAN with the following information (not to exceed 24" x 36"): ./ / All dimensions; 17'/ North arrow; o Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; ~ Location map; 7/ Index sheet referencing individual sheets included in package; 7 Footprint and size of all EXISTING buildings and structures; J:2.. Footprint and size of all PROPOSED buildings and structures; - /' All required setbacks; Z All existing and proposed points of access; L All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas, including handicapped spaces; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201 (D)(i) and Index #701}; Location of all landscape material; Location of all jurisdictional lines adjacent to wetlands; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks - -/ / -7 7 -:/ 7 -57 ~ o ......SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: ~ Land area in square feet and acres; - / Number of EXISTING dwelling units; 7 Number of PROPOSED dwelling units; 1., fL Gross floor area devoted to each use; "1c.J ). ( (, J:..A L Parking spaces: total number, presented in tabular form with the number of required spaces; \A Z Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; - Size and species of all landscape material; ~ Official records book and page numbers of all existing utility easement; ,/ Building and structure heights; ~ Impermeable surface ratio (I.S.R.); and _ Floor area ratio (FAR.) for all nonresidential uses " REDUCED SITE PLAN to scale (8 112 X 11) and color rendering if possible o /~, ( '- \. O.CJ7~u Page 4 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater ~ G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ~ bll\J~1"Eb \IV rn-f "10 BE. e-fiY R UEA(lM LANDSCAPE PLAN: All existing and proposed structures; Name of abutting streets; Drai ge and retention areas including swales, side slopes and bottom elevations; De. eation and dimensions of all required perimeter landscape buffers; .ght visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indicated on required tree survey); Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes o REDUCED LANDSCAPE PLAN to scale (8 V2 X 11) (color rendering if possible) o IRRIGATION PLAN (required for Level Two and Three applications) o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable H. STORMW ATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21) o o T"-bv/l L <;.~ {,O/'y. .-..... STORMW A TER PLAN including the following requirements: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; Storm water calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations COpy OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable o COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project. ~UILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials ~ REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y2 X 11) (black and white and color rendering, if possible) as required @ (6) (97 c0 J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing Comprehensive Sign Program application, as applicable (separate application and fee required). Reduced signage proposal (8 Y2 X 11) (color), if submitting Comprehensive Sign Program application. Page 5 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater M. AFFIDAVIT TO AUTHORIZE AGENT: eRA. 1tJ.vt:. '10 L-rb. (Names of all" property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): bZ-l6 L-txVElANb ~Tflf.€T WeA,e.vATE.R. , FL 33755" 2. That this property constitutes the property for which a request for a: (describe request) ~V<;. E 4,1./ VI'" rrs .fflow.. TII./Z P~/..-l G iN' U'./1ff/,/(i. Pca-, /2etw'f..c "- [1EQ "1 fl,€b r.w '" JN6 E~ ~q'i ~QVIIU~D To z.:Z..6 P/l.(VATf. .t)PA-G-€.S AND lW Pr/!SLlC- ~fALES ~lL. ~V~t..oPM&vT. LLL , 3. That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 3. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 4. That the applicant acknowledges that all impact fees (parks and recreation, traffic, etc.) will be paid PRIOR to the issuance of a building permit, certificate of occupancy, or other mechanism, whichever occurs first; 5. 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; 6. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. f) dJ ~4 ~ (Le.- {:'4~ ~ ~ ~ . Ie /'-....~ TJ c::;r;zn. I 0 (.. Prope ~lVPl-~ C/L4 STATE OFF s COUNTY OF PINELLAS 8e101 me the undersigned, an officer duly commissioned byelaws of the State of Florida, on this d? Oh.-J day of ~ ,~O()3 personally appeared who having been first duly sworn Deposes and says that he/she fully understands the contents of e affidavit that he/she signed. Q ~ ~\\\\\\III"1/1111 0 ) My Commission Expires: ~",'\ '){:.of.\. A. Fra/il'lll/. () ) J.-- . * C::J~ ......... IT ~ " ;t .._~~\SSION f':'. ~ Notary Public --- " .. r..;~' 2 -1~.. ~, ~ 'c'v ~'\ler S.O '9.. , ~ : ~ ~ ' "t? ('(' ". ~ = : U) ..... ::: S:IPlanning DepartmentlAPpliciiJj"ih tormsldex~iDDf!ffnt re&-ierti2003 FORMSlcomprehensive intill application 6-23-2003.doc ~ -:k:.. #OUUbUl : 2~ ~O. ......t\\ -cr,::. ~?' ". Ii 8ondeO\\'" &..' >-- ~ ~/-9J- '. ,my Fain.\n~' ~ <<. ~.. ~ p(;,....... X;.C5 ~ '11111/ 'BUe 51 t>--'\ \,\,"'" ",,'" I'" \ \\\\ STATE OF FLORIDA, COUNTY OF PINELLAS ~ Sworn to and subscribed before me this CQI day of ~ ~ d 20 ~, a.. 03 to me and/or by Ralph Stone, who is personally known to me. Nota~ ;t. ~ My Commission expires: Carolyn L Brink MY COMMISSION # 00203569 EXPIRES May 22, 2007 BONDED THRU TROY FAIN INSURANCf. INC Page 7 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. L. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. STATE OF FLORIDA, COUNTY OF PINELLAS SWj{r,; A to and subscribed before me this ~ day of C;;Ja A.D. 20ft to me and/or by , who is personally known has produced as identification. l'YLj J -,,/?'l, r- property owner or representative ft ,/ l' /I (}/( ~"\,,,, ~Ofl A. Fr. 11111;. ~ r::,~ ....... ClI),f ~ ~ ..- - -.. ~ S ::..,.,fi <o~'oer 2$ ~" %._ ~ :~ ~ '~ ~.. =*: CI) 1?,(11: == -. ... . * - ~~\ #DD060107 :iS~ ~ ;A e. .. ~ ~ ~~. ))~d~A. .'~~ ~ 'J- ".}'Fain-~"";" x.V ~ ~ "'U81........ a~ ~ 'III/. ~/C STi'.\'e. \\\'\ 11111111111" 1\111 ",/'. R6-fjh~(&4U-v~ ~. ~wrJ~ ~M STATE OF FLORIDA COUNTY OF PINELLAS ;;J this ~ day known to me. of ~ , a.d. 2003 to me and/or Sworn to and subscribed before me by Ra~ph Stone, who is personally C~a '1:, ~ Notary Public My commission expires: ..~&.".\!r~. Carolyn L Brink {".:' . :;~ MY COMMISSION # 00203569 EXPIRES '-~'" ......... May 22, 2007 .'>- ;"(r,.:<f.." BONDED THRU TROY FAIN INSURANCE. INC Page 6 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater D. Written Submittal Requirements General Avvlicabilitv Criteria 1. The proposed development is located downtown. The predominant building height in this block is 30'. The perceived building height of the proposed development is 30' The project includes two 15' stepbacks, one at the 30' elevation, and one at the 60' elevation. The aesthetic character of the buildings' exterior is intended to provide harmony with the character of adjacent properties and to coordinate with the proposed design guidelines. 2. The proposed development is bordered by a public park to the west and a historic post office to the east. The proposed development will add value to the site. The current value is approximately $1.1 million dollars and the proposed value is approximately $40.1 million dollars. 3. The proposed development meets current codes. Security issues will be addressed and developed through the design of the site and building. The proposed development will bring residents to downtown Clearwater. It will also provide additional retail and restaurant space. 4. Traffic from the proposed development will be routed onto Laura Street to minimize traffic congestion and develop a pedestrian front along Cleveland Street. The proposed development will also be closing an existing curb cut on Cleveland Street. 5. The proposed development is designed to be compatible with the community character and proposed design guidelines. The predominant block height along Cleveland Street in this area is 30'. The post office and retail on the south side of Cleveland facing this project is predominantly 30'. The perceived height of the proposed development with the step back is also 30'. 6. The proposed development is comparable with the residential and commercial uses of the area. All vehicular deliveries will be made from Laura Street. The proposed development is also providing appropriate level of finishes on all four elevations per the downtown plan. Comprehensive Infill Redevelopment Proiect Criteria 1. The proposed development would be impractical without deviations from the density of 70 units per acre and deviations from the parking standards. The proposed development is using residential units from the public incentive pool and the use of internal capture in the parking calculations. The proposed development is providing residential units to downtown Clearwater. Downtown redevelopment plans encourage density in the downtown core. It also provides non-residential uses on the first floor consistent with other non-residential uses in the area. The proposed development is also providing 100 public parking spaces to the downtown core. 2. The development of this parcel as a comprehensive infill project will enhance the property values in the area. The abutting property uses are non-residential. The proposed development is bringing like non-residential uses to the ground level. The existing property value is approximately $1.1 million and the proposed value with improvements is approximately $40.1 million. 3. Retail, restaurants and attached dwelling units are permitted within the city of Clearwater. 4. The proposed development is compatible with adjacent land uses and is likely to enhance the community. The proposed development is surrounded by non-residential uses. The proposed development is bringing like non-residential uses to the ground floor. The proposed development is also bringing residential units to downtown Clearwater which is a desired element in the redevelopment of downtown Clearwater. 5. N/A 6. The development of the parcel is bringing viable uses to downtown Clearwater and is contributing to an active pedestrian streetscape. The design of the parcel incorporates the current character of the surrounding properties and coordinates with the proposed guidelines for the area. 7. The proposed development is bringing residential units to downtown. The project will benefit downtown redevelopment by bringing viable uses to the property and providing a high level of interaction with the street and pedestrians. 8. The proposed development brings residential units, public parking, retail and restaurant space to downtown Clearwater. The project makes significant contributions to the redevelopment of downtown Clearwater. The increase in density is provided by the public incentive pool. The deviation from parking standards is relieved by the internal capture of the project. The retail and restaurant spaces will have significant walk-up traffic. The residential units themselves will also patronize these establishments. In addition, the public parking spaces likely will be used to for the retail and restaurant spaces. The height increase meets the character of the downtown plan. The perceived height of the project is in harmony with the predominant height of the block. 9. The proposed development includes 100 public parking spaces. Deviations from parking standards are relieved by the internal capture of the project. The retail and restaurant spaces will have significant walk-up traffic. The residents will also patronize these establishments. Finally, the public parking spaces likely will be used for the retail and restaurant spaces. 10. The Clearwater Redevelopment Plan has described a vision for its execution with Goals and Objectives broken into specific categories that need to be satisfied with particular consideration given to the District the project is located within. The Downtown Core District and especially Cleveland Street, (Main Street), has historic references that are the basis for the development of the Ground and Second Floors of our project. Relying heavily on a Mediterranean vernacular found in the adjacent Post Office, the arches of the Ground Floor Arcade and Second Floor fenestration set up the modulation of our Ground Floor Loggia and fenestration pattern of the Second Floor. We plan to clad these surfaces with stonelike material, add canopies for additional shade, and move the actual building face back and forth to create an animated street environment for the Cleveland Street pedestrian. The Ground Floor space will be occupied by retail and restaurant tenants, which will be clearly visible through large glass windows. The Building steps back 15'-0 at the Third Floor respecting the predominant building height of Cleveland Street, and maintaining a human scale as pedestrians move through the Loggia. Although the building front door is on Cleveland Street, these design features are utilized as consistently as The Uniform Building Code will allow on all four sides. There will be no driveways on Cleveland Street and great care has been taken in detailing the west elevation that serves as a backdrop to the Station Square vest pocket park. There is an interest in attracting residential development as a key component in the Downtown Core District with the densest articulation of this effort in the vicinity of our project. Our building has 11 Floors for a total height of approximately 150' - O. This height is broken after the Third Floor into two sections; the f1. ~ding middle, three floors which house the parking spaces for . ~residential units and an additional 100 spaces to be used by the City of Cleanvater, and the building top which steps back an additional 15' -0 housing six floors of residential units. The elevations are broken into a series of broken planes constructed with stucco walls and punched fenestration painted a palate of rich warm colors. Curved balconies protrude with railing detail that accent and reinforce the design vocabulary. The building is capped with a stucco crown mold detail that captures light creating depth and mass. The project will significantly increase the residential opportunities and population in the Downtown Core. There will be a diverse offering of residential units ranging from 800 square feet to 2750 square feet. In addition to the rooftop pool and fitness center residents have the ability to use Station Square vest pocket park. The additional population in the park, the restaurant's outdoor seating area on the southwest corner, retail, and the continuous Loggia on Cleveland Street generate a level of activity and energy that help support the development focus of Cleveland Street, (Main Street). In the previous paragraphs we have described the considerations that have been taken to provide a meaningful pedestrian contribution to Cleveland Street and the Downtown Core. Architecturally we have responded to the historic vernacular of Cleveland Street, as well as the architectural direction envisioned for the development of Cleanvater. The project provides additional residential, retail and restaurant opportunities with an appropriate urban vitality. We feel that our project can only be seen as a memorable experience for residents and nonresidents alike, now and for many years to follow. E. Supplemental Submittal Requirements Parking Demand Study Parkin Table Residential Restaurant Retail TOTAL *Providing 100 public arkin s aces Re uired 219 157 18 394 Pro osed 221 3* 2* 226* STORMW A TER CALCULATIONS PROJECT: PROJECT #: FILENAME: Station Square 1005178 K:\CONCEPTS\l 005xxx\l 005178\Drainage\[Pond-comp.-c1earwater .xls] mod-rat APPLICATION FOR PAYEMENT IN LIEU OF RETENTION RATIONAL FORMULA Q = rate of runoff (cfs) c = runoff coefficient i = rainfall intensity (in I hr) a = contributing area (ac) A = TOTAL AREA OF SITE (Divide s.f. by 43,560)...................................................... lJC = Cpost - Cpre (Weighted Runoff Coefficient After Development................................... Cpost = ((.95 x proposed impervious area) + (.20 x pervious area)) / total area Cpost = ((.95 x .904) + (.20 x .069)) / 0.973 = 0.896 Cpre = ((.475 x proposed impervious area) + (.20 x pervious area)) / total area Cpre = ((.475 x 0.897) + (.20 x .076)) / 0.973 = 0.454 1= 3.6 in/hr (based on 60 min T.O.C.) 00. = ~IA......................................................................................................... CITY OF CLEARWATER VOL. REQUIRED (NJ. x 3600 sec.)...................................... WATER QUALITY VOL. REQUIRED (Minimum ftrst 1/2")........................................... VOLUME PROVIDED (Must be greater than water quality volume required).......................... TOTAL VOL. TO BE COMPENSATED BY P.I.L.O. (vol. req. - vol. provided)................... P.I.L.O. AREA total volume / 3 ft. (assumed pond depth).................................................. ESTIMATED LAND VALUE........ ......................................................................... TOTAL AMOUNT DUE (Appraisal from 3/03 used)....................................................... 22-0ct-D3 03:26 PM 0.973 (ACRES) 0.443 1.55 c.f.s 5.582 c.f. 1.765 c.f. 1.765 c.f. 3.817 c.f. 1.272 s.f. $ 20 per s.f. $ 25.448.29 NI->~ 10"","-03 ORIGINAL :H ~ ~. .. ~ . p B i I i ~ ~ l<l ~ ~ ;: i ~ I i ........,,,oc III r- III ! ~ ~ a~ ~ 1 r ~-o.:&:r-- i ...1.-:;.-:-...._..._..._... -...-.. -- .tsi;~t;-;~:.tt.r\:::...--r-.i9t'l~-+-...- ~ fO' t \..._~....."\ I I I I I I I I I I I I ..... : " I t: I .~ j ~ ill ~ I I . I I I . I II~ 6: .. :g ~: II! ~G~'Si.;.:: ,I; .' : I I i ! ! i I ! I I ~ ; ; ~ ~ ~ i . : ~ ~ ~ I i d ~ m" ~Jd age~ ~iU t~s ~.~ ~an !zi i~i ~ ~ e ~ : z c e ~ ~ @j) ~ IiiIiI ~ @ ~ IiiIiI @j) lie ~ ~ ~ ~ ~ ~ < g ~ ~ ~ ~ ~ ~ ~ uann cg IF ~ ~ ~ (g Iiiii ~ ![~ SITE PLAN BECK K:\CONCEPT --~.-.__. nWilliams ~ ..._ _ __ ~'fI.iu.r .OOUN . A,;' -_.:' ':._ 'lj7c;Ilf:!F ~===........ --=~~~~ '~:n7e ,rgflJlrt!J/ .... ....... ,..... 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E-o < .....>-<~ ZUCt: ;:lZ~ ::Sr.:l....:l ::l!0U 0< U o z w o TRAFFIC STUDY STATION SQUARE (Cleveland Street) CITY OF CLEARWATER, FLORIDA PREPARED FOR: THE BECK GROUP FOR SUBMITTAL TO: CITY OF CLEARWATER PREPARED BY: A VID ENGINEERING, INC. OCTOBER 22, 2003 ~d~~ essional Engineer: Jane A. Caldera {o/Z.:z.f 03 P.E. # 53116 TABLE OF CONTENTS 1. INTRODUCTION...................................................................................................... 1 2. SITE ACCESSIBIIlTY ............................................................................................. 3 3. DEVELOPMENT TRAFFIC CHARACTERISTICS.. ...... ................................ ....... 6 4. FUTURE CONDITIONS........................................................................................... 9 Development Access Plan.............................................................................................. 9 Background Traffic Projections..................................................................................... 9 Post Development Analysis ....................................................... ..................................11 5. CONCLUSION....................................................................................................... .14 FIGURES Figure 1 - SITE LOCATION MAP ...................................................................................2 Figure 2 - EXISITING TRAFFIC (P.M. PEAK HOUR - RAW DATA)......................... 5 Figure 3 - DIRECTIONAL DISTRIBUTION ...................................................................8 Figure 4 - SITE ACCESS PLAN.................... ................... ............ .............................. ....1 0 Figure 5 - SITE TRAFFIC AND PASS-BY CAPTURES ..............................................12 Figure 6 - 2005 TOTAL TRAFFIC................................... ............................................ ..13 TABLES Table 1 2003 EXISTING CONDITIONS INTERSECTION RESULTS............................................4 Table 2 - P.M. PEAK HOUR TRIP GENERATION ESTIMATES ................................. 7 Table 3 2005 POST DEVELOPMENT INTERSECTION ANALYSIS SUMMARY......................... 11 11 1. INTRODUCTION The proposed Station Square Redevelopment is planned to be located in the City of Clearwater, on the northside of Cleveland Street, between the U.S. Post Office Building and the Bank of America Building. The north boundary of this site is Laura Street. The site will have one access connection to Laura Street. The site is currently developed with a three story (12,000 s.f.) commercial building and a city surface parking lot. Figure 1 displays the site location and area roadways. AVID Engineering, Inc. was retained by The Beck Group to prepare a traffic study that analyzes the impact of the traffic from the proposed Station Square Redevelopment. The proposed development will consist ~ondOminiumS' 9,904 sJ. of restaurant space, -..... ".... and 5,096 s.f of retail space. The restaurant and retail space will be located on ground level. Above the ground level will be multiple levels of parking. The condominiums will occupy the top levels of the building. This report provides existing traffic volume information, project trip generation, project distribution, project trip assignments, pass-by trip data, and an evaluation of the post development conditions with the proposed development and its access plan. Methodology discussions were held with the City of Clearwater Traffic Operations staff to discuss the details of the traffic study. AVID ENGINEERING, INe k:\concepts\1005178\ Station Square TIA.doc 1 Station Square Redevelopment October 22, 2003 2. SITE ACCESSIBILITY The proposed redevelopment will have one access connection to Laura Street. Although the site has frontage along Cleveland Street, no vehicular access connections to Cleveland Street will exist. The following section describes the existing roadways adjacent to the site: Cleveland Street (S.R. 60) - is a three lane undivided roadway adjacent to the site. On street (parallel) parking exists today along this roadway. The existing development on this site has one driveway connection to Cleveland Street. Laura Street - is a local two-lane roadway adjacent to the site. The exiting development on this site has one driveway connection to Laura Street. Existing Traffic Volumes New PM peak-hour turning movement counts (TMC) were conducted at the following intersections. ~ Cleveland Street at East Avenue ~ Cleveland Street at Garden Avenue ~ Drew Street at Myrtle Street ~ Drew Street at Fort Harrison ~ Laura Street at Myrtle Street ~ Hendrick Street at Fort Harrison The TMC's were adjusted up to reflect peak-season conditions. The peak season counts were determined by multiplying the existing counts by the Pinellas County peak-season factor 1.09. The peak-season factor was determined based on the 2002 Peak Season AVID ENGINEERING, INe k:\concepts\100517S\ Station Square TIA.doc 3 Station Square Redevelopment October 22, 2003 Factor Category Report obtained from FDOT for Pinellas County, and is contained in the Appendix. Figure 2, displays the Existing Traffic volumes for the P.M. peak hour (raw- data). The raw count data is contained in the Appendix. The existing PM peak hour (peak-season) traffic conditions for the study intersections were analyzed with the RCS software for signalized and unsignalized intersections. The detailed RCS intersection analysis worksheets are contained in the Appendix and are summarized in Table 1 below. Table 1 2003 EXISTING CONDITIONS INTERSECTION RESULTS Intersection Traffic Control LOS 2003 Cleveland Street at East Avenue Signal B Cleveland Street at Garden Avenue Signal B Drew Street at Myrtle Street Signal C Drew Street at Fort Harrison Signal E Laura Street at Myrtle Street Stop Sign B Hendrick Street at Fort Harrison Stop Sign C AVID ENGINEERING, INe k:\concepts\1005178\ Station Square TIA.doc 4 Station Square Redevelopment October 22, 2003 w w > > N.T.S. <( W <( > Z <( W W -! 0 t- t- O> 0:: (f) 0:: <( <( >- ~ 0 W ~ -l Z (f) <( Z LS9 0> L143 Iii N 10 10 ,.... -S80 10 N -251 r') r') ,.... r') 10 .J + L. .51 .J + L. .54 DREW ST. 258 J It, 125J It I 442 -- OtON 200 -- oc>-.rr') IONOC> tOO 0> r') 20. ,.... 24. OC> L36 0> 10 r') + L. .23 HENDRICKS ST. 1J t, 2-- r')0 ro~ 1. L22 0> r::- OC> 0 r') v r') ::: r') r') .J + L. .J + L. 29 J ST. 16 J 62'-- ~r')0C> NtO~ 633 -- 7. 8. to O>~O> LAURA ST. .J + L. L'3 -17 .14 EXISTING VOLUME IPM PEAK HOUR - RAW DATAl lOJ It I 10-- 0010 L12 ~r')~ v 24. -592 .6 it, ~NO ~""'r') LEGEND 42. -TURNING MOVEMENT VOLUME - SIGNALIZED ~ INTERSECTION D - UNSIGNALlZED INTERSECTION 2300 Curlew Rood. Suite 100 Palm Harbor, F'lorido 34663 Tel: (727) 789-9500 Fox: (727) 784-6662 www.ovideng.com PROJECT: STATION SQUARE APPLICANT: THE BECK GROUP COUNTY: PINELLAS SHEET: 2 CLEARWATER BEACH z w o 0::: <t: c..:> z PROJECT LOCATION w > <t: Z o (/) 0::: 0::: <t: I I- 0::: o '-'- l- (/) <t: w Z GROVE ST. LAURA ST. w > <t: w -I I- 0::: >- ::::;;: (/) w > <t: o o o $: z w W 0::: c..:> (/) ~ DREW ST. NOT TO SCALE CLEVE ND ST. VICINTY MAP w > <t: 0::: ::> o (/) (/) ::::;;: (/) COURT ST. SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST 2300 Curlew Rood. Suite 100 Palm Harbor. Florida 34683 Tel:(727) 789-9500 Fox:(727) 784-6662 www.ovldeng.com Civil Engineers Planners Traffic Engineers PROJECT: STATION SQUARE Landscape Architects Environmental Engineers APPLICANT: THE BECK GROUP COUNTY: PINELLAS SHEET: 1 3. DEVELOPMENT TRAFFIC CHARACTERISTICS The traffic characteristics of the proposed development were analyzed to aid in determining the access requirements and to evaluate the impact of the proposed development on the adjacent roadways. The traffic characteristics that were analyzed included: . The volume of traffic generated by the development. . The orientation of the development traffic on the area street system. All of the above characteristics are a function of the type and density of the proposed development. The proposed development will consist of 145 condominiums, 9,904 sJ. of restaurant space, and 5,096 sJ of retail space. The restaurant and retail space will be located on ground level. Above the ground level will be multiple levels of parking. The condominiums will occupy the top levels of the building. The P.M. peak-hour trip estimates for this development were obtained by applying the appropriate rates from the ITE Trip Generation Manual, 6th Edition. The PM peak hour trip generation estimates are shown on Table 2 on the following page. Pass-By capture rates were determined using the ITE Trip Generation Handbook, March 2001. The internal capture rate (7%) and the multi-modal rate (5%) was approved during the methodology discussions with city staff. The directional distribution for the Station Square Redevelopment traffic was based on the existing traffic patterns in the area. The directional distribution is shown graphically on Figures 3. The pass-by capture traffic was assumed draw from Cleveland Street and Fort Harrison A venue. The detailed site traffic assignment for the study intersections are shown on intersection spreadsheets contained in the Appendix. AVID ENGINEERING, INe k:\concepts\1005178\ Station Square TIA.doc 6 Station Square Redevelopment October 22, 2003 en w ~ ~ i= en w z o ~ a: w z w (!) 0... a: I- a: :J o I ~ ~US ...Jo... ~~ 1-0... ~ z i z C\l ~ o ~ ~ III c.. _iii :I" :E~ ::!< o iii l:: ... Gl - .E ~:g a: :r: ~ c.. :E c.. a: w i a: US ...J o Gl N en Ii Gl " .E w a: <( :J Gl o Ul enw;:) z!:::,; o :; ~ ...J I- en Gl Ul ;:) ,; l:: III ...J W !::: z o 1= c.. ~ (.) en w c lO co C\I t') ::!< o t') t') lO ::!< o lO co ::!< o '<t ui co o '<t o 0) 0)- ....: en C\l a: 0 w t') W ~w <Xl !:: I'-- !:: C 3 o 9 (7j~ ~... ... ::l ~.s o rn c (]l :;a: r;- .c OJ I "E ~ ::l .Ill rn (]l a: lO lO '" x C .2 "5 .0 .C iii is c1l C o .~ <1l C OJ (9 0- ~ C OJ u E C D _ 0 "'0 .~ ~ .~ ~ "'0 C 0- ~ ~ ~t .~ ~ ~~ c~ <1l ~ (9", .9- 0 "'0 1-", C\i '" Co o ::!< o o t') ::!< o lO I'-- ::!< o o o lO co .m tll a: 5 (]l ~ ~ ::l (]l 0-> W<( ww !::t:: II II wa: lO '<t ::i ci o -0 rn 5 (]l o 8 (]J.c rn C a: ~ .cl- OJ I rn o -0 C o o Ci .5 U; 'x w " Gl II) o c.. o ... E!;. t2O% 10%t w w > > N.T.S. <t: W <t: <f250/0) > z <t: w W ---l 0 f- f- ()) 0::: (f) 0::: <t: <( >- r--: c:> w ~ ---l Z (f) <t: z DREW ST. 250/0 HENDRICKS ST. LAURA ST. . 200/0 ...- (500/0) CLEVELEND ST. t15% <t250/0) t10% LEGEND J L -NET-NEW DISTRIBUTION xx% DIRECTIONAL DISTRIBUTION ...- -PASS-BY (XXo/O) DISTTRIBUTION 2300 Curlew Rood. Suite 100 Palm Harbor, Florida 34683 Tol:(727) 769-9500 Fox:(727) 764-6662 www.ovideng.com PROJECT: STATION SQUARE APPLICANT: THE BECK GROUP COUNTY: PINELLAS SHEET: 3 4. FUTURE CONDITIONS Development Access Plan There is one access driveway proposed for the Station Square Redevelopment. Figure 4 graphically displays the site access plan and the ground floor site layout. As shown on the site access plan, the existing driveway connection on Laura Street will be modified and shifted slightly to the east. The existing driveway connection to Cleveland Street will be closed. Background Traffic Projections The buildout year for this redevelopment is anticipated to be Year 2005. The existing PM peak hour (peak-season) traffic volumes were adjusted to reflect the traffic diversions associated with the completion of the new Memorial Causeway (Clearwater Beach Bridge). Based on our review the traffic study prepared by HDR for with Memorial Causeway project, a general diversion (reduction) factor 35 percent was applied to the east-west traffic on both Drew Street and Cleveland Street. The adjusted base volumes were then growth to account for general growth over the next 2 years. An annual growth rate of 2.5 percent was applied over the two-year period. The detailed diversion assignment for the study intersections are shown on intersection spreadsheets contained in the Appendix. AVID ENGINEERING, INe k:\concepts\1005178\ Station Square TIA.doc 9 Station Square Redevelopment October 22, 2003 20'x20' SITE TRIANGLE (TYP.) ~ ;" <0 o It) N landSCQl). area < . u c u , D~ ;, ,," w o . )!; awnings above, typical ~ I.U b ... <0 p '" o Z REMOVE EXISTING D/W approximate locolion of .xi.tln 8 sanitary sewer maIn xlm i in ,I,p . orm ..w.... main LA URA STREET (50' R/W) 3E z o z ~ .-Y LOT 3 BLOCK 19 i' I.U ... , It) lI'l en l" 5 Vl W////////) MECHJ ELEC. ... PARKING 32 SPAceS -..... g ___4.5' WOOD fENCE N 88'47'08" E (M) 2.33' (M) 5.1 5.1.R. b ~ 5 LOT 12 BLOCK 19 RESTAlOIANT GROUND FLOOR: 6,603 SF MEZZANINE: 3,301 SF TOTAL AREA: 9,904 SF RETAIL GROUND FLOOR: 3,867 SF MEZZANINE: 1,429 SF TOTAL AREA: 5,098 SF g I.U 4- water line oxisting 12- water line SITE ACCESS PLAN PROJECT: STATION SQUARE Civil Engineers Planners Traffic Engineers Landscape Architects Environmental Engineers APPLICANT: THE BECK GROUP 2300 Curlew Rood, Suite 100 Palm Harbor, Florida 34683 Tel: (727) 789-9500 Fox: (727) 784-6662 www.Qvideng.com COUNTY: PINELLAS SHEET: 4 Post Development Analvsis Intersection capacity analyses were performed at the study intersections based on the Year 2005 Total Traffic. The PM Peak-Hour net-new and pass-by site traffic assignment are shown graphically on Figure 5. The P.M. peak hour site traffic volumes were added to the Year 2005 background traffic projections to establish the Post Development Projections. The post development projections are shown graphically in Figure 6. These volumes were analyzed with the existing intersection geometry and traffic control plans. A copy of the spreadsheets containing the pertinent volumes and assignment information for the study intersections are contained in the Appendix. To analyze the capacities at the study intersections, the ReS software for signalized and unsignalized intersections was utilized. The detailed HeS intersection analysis worksheets are contained in the Appendix and are summarized in Table 4 below. Table 3 2005 POST DEVELOPMENT INTERSECTION ANALYSIS SUMMARY Intersection Traffic Control LOS 2003 LOS 2005 Cleveland Street at East Avenue Signal B B Cleveland Street at Garden Avenue Signal B C Drew Street at Myrtle Street Signal C C Drew Street at Fort Harrison Signal E E Laura Street at Myrtle Street Stop Sign B B Hendrick Street at Fort Harrison Stop Sign C C Laura Street at Site DW Stop Sign --- A AVID ENGINEERING, INe k:\concepts\1005178\ Station Square TIA 11 Station Square Redevelopment October 22, 2003 w w > > N.T.S. <( W <( > Z <( W W ---1 0 f- f- m 0:: U1 0:: <( <( >- ~ l:) w ::2: ---1 Z U1 <( Z ,..... L 8 (7) 00 1'"),..... I I'") ~~ - 9 (0) ~~ I'") I'") 10 10 ..J + .- 6 (0) + L. DREW ST. t 2 (0)-' tl ,..... 6 (0)---" es 10 I O. N.... 0 ,..... ....,..... I N ~~ o 10 + L. HENDRICKS ST. tl RS I ~ ~1D S 0 O'l ..J LAURA ST. No:J 6 (0)-' I ~N 5 (0). a ~ r-. S ,.....,..... L11 (9) 101'") ~~ - 0 (-9) .... Nr-. ..J ..JL. 3 (3)---" ST. 3 (4)-' LEGEND o (-3)---" xx (xx). -NET-NEW (PASS-BY) - SIGNALIZED INTERSECTION ~ - UNSIGNALlZED SITE TRAFFIC ASSIGNMENT D INTERSECTION (PM PEAK HOUR. RAW DATAl 2300 Curlew Road. Suite 100 Palm Harbor, Florida 34683 Tel; (727) 789-9500 Fax; (727) 784-6662 www.avideng.com PROJECT: STATION SQUARE APPLICANT: THE BECK GROUP COUNTY: PINELLAS SHEET: 5 w w > > N.T.S. <( W <( > Z <( w W -l Q) 0 f- f- ~ (j) ~ <( <( >- ~ C) W ~ -l Z (j) <( Z L94 "'" L164 ~ I'- "l ~ lXl -515 o lXl -187 "'" lXl - "'" to ...J .65 ...J ~ l. .62 ~ l. DREW ST. 192J It I 145J It I lXlOI'- 335- 1'-1OlXl 149- 10 I'- Ol 1'-00 "l 23""") lXl~ 27""") U1 10 L41 "<t N ~ l. .26 HENDRICKS ST. 1J tl 2- ","lXl N ~ (j) 0 00 "'" 0 "'" lXl to "<l- N "l "'" ...J ~ l. ...J ~ l. 33J It I ST. 26J 468- "<I-N~ NI'-N 468- 8""") 9""") L15 o (j) N ~ 0 -19 LAURA ST. ...J ~ l. .16 18 J I t I L33 -432 .7 11- OlNI'- ~Ol~ "'" 32""") ''IN,,," ~lXl"l It I POST DEVELOPMENT - TOTAL VOLUME (PM PEAK HOUR - RAW DATAl LEGEND 42. -TURNING MOVEMENT VOLUME - SIGNALIZED ~ INTERSECTION D - UNSIGNALlZED INTERSECTION 2300 Curlew Rood. Su ite '00 Palm Harbor, Florida 34683 Tel: (727) 789-9500 Fax: (727) 784-6662 www.ovideng.com PROJECT: STATION SQUARE APPLICANT: THE BECK GROUP COUNTY: PINELLAS SHEET: 6 5. CONCLUSION The proposed Station Square Redevelopment is expected to generate approximately 102 net-new, two-way trips during the P.M. peak-hour. Under peak-season, peak-hour, post development conditions, the study intersections operate at an acceptable Level of Service during the P.M. peak hour. The access plan as proposed in this study will provide safe and efficient operation for the proposed development and adjacent roadways. AVID ENGINEERING, INe k:\concepts\1005178\ Station Square TIA.doc 14 Station Square Redevelopment October 22, 2003 APPENDIX AVID ENGINEERING, INe k:\concepts\1005178\ Station Square TIA.doc 15 Station Square Redevelopment October 22, 2003 LU/~'ILUUJ ~L.~U C :::> o U ~ E G> > o ~ 0> .!;; E :s t- ! rjllR g OJ ,,-iN "" co g Il-'-r...-...... F'? ~I<a 'g II) 0 j:E1 !~ ~....~ ~8 ~ r" I~j'--:g ~-~t~ ..!II 00 I I....I~ ~ ...... ~I,,- oo-~ '. .. .. .. I 111 ,- ~ ~ E i ffii f~lo 0 0 0,10 zO 1>- 1PQ1l::~ !:'D'" , - .1:: ~ III tI) ~.~ i LL U) OJ a. ~ ~I=. <D.N v ......Ii~ w~~. :> 2 .., N .... CDI~ W ""aHlO.....<DN d n-.-............. I i~i~ ...... 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Date: Sep/30/2003 1ridaDepar1ment of Transportation Transportation Statistics Office 2002 Peak Season Factor Category Report ~LLAS COUNTYWIDE MOCF = 0.94 JOry: 1500 Week Dates SF PSCF 1 01/01/2002 - 01/05/2002 1.06 1.13 2 01/06/2002 - 01/12/2002 1.05 1.12 3 01/13/2002 - 01/19/2002 1.04 1.11 4 01/20/2002 - 01/26/2002 1.02 1.09 5 01/2712002 - 02/02/2002 1.00 1.06 6 02/03/2002 - 02/09/2002 0.98 1.04 * 7 02/10/2002 - 02/16/2002 0.96 1.02 * 8 02/17/2002 - 02/23/2002 0.95 1.01 * 9 02/24/2002 - 03/02/2002 0.94 1.00 * 10 03/03/2002 - 03/09/2002 0.93 0.99 * 11 03/1012002 - 03/16/2002 0.92 0.98 * 12 03/17/2002 - 03/23/2002 0.92 0.98 * 13 03/24/2002 - 03/30/2002 0.93 0.99 * 14 03/31/2002 - 04/06/2002 0.93 0.99 * 15 04/07/2002 - 04/13/2002 0.94 1.00 * 16 04/14/2002 - 04/20/2002 0.94 1.00 * 17 04/21/2002 - 04/27/2002 0.95 1.01 * 18 04/2812002 - 05/04/2002 0.96 1.02 * 19 05/05/2002 - 05/11/2002 0.97 1.03 20 05/12/2002 - 05/18/2002 0.99 1.05 21 05/19/2002 - OS/25/2002 0.99 1.05 22 OS/26/2002 - 06/01/2002 0.99 1.05 23 06/02/2002 - 06/08/2002 1.00 1.06 24 06/09/2002 - 06/15/2002 1.00 1.06 25 06/16/2002 - 06/22/2002 1.00 1.06 26 06/23/2002 - 06/29/2002 1.00 1.06 27 06/30/2002 - 07/06/2002 1.00 1.06 28 07/07/2002 - 07/13/2002 1.01 1.07 29 07/14/2002 - 07/20/2002 1.01 1.07 30 07/21/2002 - 07/27/2002 1.01 1.07 31 07/28/2002 - 08/03/2002 1.01 1.07 32 08/04/2002 - 08/10/2002 1.01 1.07 33 08/11/2002 - 08/17/2002 1.Q~ .... 1.09 09/01/2002: 09/0712002 37 09/08/2002 - 09/14/2002 38 09/15/2002 - 09/21/2002 39 09/22/2002 - 09/28/2002 40 09/29/2002 - 10/05/2002 41 10/06/2002 - 10/12/2002 1.03 1.10 ~~~:~~ 45 11/03/2002 - 11/09/2002 1.03 1.10 46 11/10/2002-11/16/2002 1.04 1.11 47 11/17/2002 - 11/23/2002 1.04 1.11 48 11/24/2002 - 11/30/2002 1.05 1.12 49 12/01/2002 - 12/07/2002 LOS 1.12 SO 12/08/2002 - 12/14/2002 1.06 1.13 51 12/15/2002 - 12/21/2002 1.06 1.13 52 12/22/2002 - 12/28/2002 1.05 1.12 53 12/29/2002 - 12/31/2002 1.04 1.11 Note: "*" indicates peak season week Page HCS2000: Sj 'alized Intersections ReJ ~se 4.1c ma1yst: JAC gency: AVID ate: 10/20/2003 ?eriod: PM Pk-Hr, Pk-Season -Existing ~roject ID: Station Square /W St: Cleveland Street Inter.: Cleveland Street and East AVE Area Type: CBD or Similar Jurisd: City of Clearwater Year 2003 N/S St: East Avenue SIGNALIZED INTERSECTION SUMMARY Eastbound I Westbound 1 Northbound 1 Southbound L T R 1 L T R I L T R 1 L T R 1 I I o. Lanes 1 1 0 1 1 1 I 0 1 0 I 0 1 0 ~GConf ig L TR 1 L T R I LTR I LTR Jolume 117 690 9 17 645 13 112 78 33 136 33 12 ane Width 112.0 12.0 112.0 12.0 12.0 1 12.0 1 12.0 TOR Vol I 0 0 I 0 I 0 -uration 0.25 Area Type: CBD or Similar Signal Operations ~hase Combination 1 2 3 4 1 5 6 7 8 '""B Left P 1 NB Left P Thru P 1 Thru P Right P I Right P Peds 1 Peds B Left P I SB Left P Thru P I Thru P Right P I Right P Peds 1 Peds ,~B Right I EB Right SB Right I WB Right reen 90.0 20.0 _ellow 4.0 4.0 A.ll Red 1.0 1.0 Cycle Length: 120.0 sec~ Intersection Performance Summary A.ppr / Lane Adj Sat Ratios Lane Group Approach ane Group Flow Rate rp Capacity (s) v/c g/C Delay LOS Delay LOS C'astbound 437 582 0.04 0.75 4.0 A l'R 1255 1673 0.59 0.75 8.7 A 8.6 A estbound iJ 401 534 0.02 0.75 3.9 A r 1257 1676 0.54 0.75 8.0 A 7.8 A 1069 1425 0.01 0.75 3.8 A L,orthbound TR 261 1565 0.50 0.17 52.1 D 52.1 D Southbound ,TR 213 1277 0.40 0.17 50.3 D 50.3 D Intersection Delay = 13.8 (sec/veh) Intersection LOS = B HCS2000: Signalized Intersections Release 4.1c ess Eckler \vid Engineering, Inc )300 Curlew Road uite 100 !alm Harbor, FL 34683 Jhone: 727-78-9500 -Mail: jeckler@avideng.com Fax: OPERATIONAL ANALYSIS nalyst: ..gency/Co. : Jate Performed: nalysis Time period: ntersection: \rea Type: -urisdiction: nalysis Year: ?roject ID: Station JAC AVID 10/20/2003 PM Pk-Hr, Pk-Season -Existing Cleveland Street and East Aven CBD or Similar City of Clearwater 2003 Square East/West Street Cleveland Street North/South Street East Avenue VOLUME DATA Eastbound \ Westbound I Northbound 1 Southbound L T R I L T R I L T R I L T R I I I v'olume 17 690 9 17 645 13 112 78 33 136 33 12 5 Heavy Veh 2 2 2 12 2 2 \2 2 2 12 2 2 HF 0.95 0.95 0.95 0.95 0.95 0.95 10.95 0.95 0.95 10.95 0.95 0.95 .K 15 Vol 5 182 3 2 170 4 13 21 9 19 9 3 ii Ln Vol 1 I Grade 0 0 I 0 I 0 deal Sat 1900 1900 1900 1900 1900 I 1900 I 1900 E'arkExist I I 'Tumpark I I o. Lanes I 1 1 0 1 1 1 I 0 1 0 I 0 1 0 ~GConfig I L TR L T R I LTR I LTR ;ane Width 112.0 12.0 12.0 12.0 12.0 I 12.0 I 12.0 TOR Vol I 0 0 \ 0 I 0 ~dj Flow 118 735 7 679 14 \ 130 I 86 :J;InSharedLnl I I rop LTs 11.000 0.000 1.000 0.000 I 0.100 I 0.442 cTOp RTs I 0.012 0.000 1.000 I 0.269 I 0.151 E'eds Bikes \ 0 0 1 0 I 0 uses 10 0 0 0 0 I 0 \ 0 uInProtPhase I I Juration 0.25 Area Type: CBD or Similar OPERATING PARAMETERS I Eastbound 1 L T R I 'nit Unmet 10.0 0.0 I Westbound \ L T R \ 10.0 0.0 0.0 Northbound L T R Southbound L T R 0.0 0.0 HCS2 0 0 0: Si' "'alized Intersections Re] - <Be 4. 1c lffialyst: JDE -gency: ate: period: Droject /W St: Avid Engineering, INC 10/21/2003 PM Pk-Hr, Pk-Season - ID: Station Square Cleveland Street Existing Inter.: Cleveland Street @ Garden AVE Area Type: CBD or Similar Jurisd: City of Clearwater Year 2003 N/S St: Garden Avenue SIGNALIZED INTERSECTION SUMMARY 1 Eastbound 1 Westbound 1 Northbound 1 Southbound 1 L T R I L T R 1 L T R 1 L T R 1 I 1 I o. Lanes I 1 1 0 I 1 1 0 I 0 1 0 0 1 0 ....,GConfig I L TR 1 L TR I LTR I LTR volume 132 677 8 17 663 24 123 63 20 141 77 53 ane Width 112.0 12.0 112.0 12.0 I 12.0 I 12.0 TOR Vol I 0 I 0 1 0 I 0 -uration 0.25 Area Type: CBD or Similar Signal Operations Phase Combination 1 2 3 4 I 5 6 7 8 "'B Left P I NB Left P Thru P I Thru P Right P I Right P Peds I Peds B Left P I SB Left P Thru P 1 Thru P Right P 1 Right P Peds I Peds ,~B Right 1 EB Right SB Right 1 WB Right reen 90.0 25.0 _ellow 4.0 4.0 All Red 1.0 1.0 Cycle Length: 125.0 seCE Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach ane Group Flow Rate rp Capacity (s) vlc glC Delay LOS Delay LOS t;'astbound 374 520 0.09 0.72 5.7 A l'R 1205 1674 0.60 0.72 10.8 B 10.6 B estbound l.J 376 522 0.02 0.72 5.1 A T'R 1201 1668 0.60 0.72 10.9 B 10.8 B Lvorthbound TR 295 1477 0.38 0.20 46.9 D 46.9 D Southbound ,TR 291 1454 0.62 0.20 55.2 E 55.2 E Intersection Delay = 17.5 (sec/veh) Intersection LOS = B HCS2000: Signalized Intersections Release 4.1c 2SS Eckler ~vid Engineering, Inc )300 Curlew Road .lite 100 ~alm Harbor, FL 34683 ?hone: 727-78-9500 -Mail: jeckler@avideng.com Fax: OPERATIONAL ANALYSIS 1.alyst: .gency / Co. : Jate Performed: 1.alysis Time Period: 1.tersection: '\rea Type: -.lrisdiction: 1.alysis Year: Project ID: Station JDE Avid Engineering, INC 10/21/2003 PM Pk-Hr, Pk-Season - Existing Cleveland Street @ Garden Ave CBD or Similar City of Clearwater 2003 Square East/West Street Cleveland Street North/South Street Garden Avenue VOLUME DATA I Eastbound I Westbound I Northbound I Southbound I L T R I L T R I L T R I L T R I I I volume 132 677 8 17 663 24 123 63 20 141 77 53 5 Heavy Vehl2 2 2 2 2 2 12 2 2 12 2 2 HF 10.95 0.95 0.95 0.95 0.95 0.95 10.95 0.95 0.95 10.95 0.95 0.95 K 15 Vol 18 178 2 2 174 6 16 17 5 111 20 14 :Ii Ln Vol I I Grade 0 0 0 I 0 deal Sat 1900 1900 1900 1900 1900 I 1900 parkExist I 'TumPark I o. Lanes 1 1 0 1 1 0 0 1 0 I 0 1 0 ~GConfig L TR L TR LTR I LTR "ane Width 12.0 12.0 12.0 12.0 12.0 I 12.0 TOR Vol 0 0 0 1 0 ~dj Flow 34 721 7 723 111 I 180 r;InSharedLn I rop LTs 1.000 0.000 1.000 0.000 0.216 I 0.239 crop RTs 0.011 0.035 I 0.189 I 0.311 Peds Bikes 0 0 I 0 I 0 uses 0 0 0 0 1 0 I 0 vInProtPhase 1 I Juration 0.25 Area Type: CBD or Similar OPERATING PARAMETERS I Eastbound I L T R I rnit Unmet 10.0 0.0 I Westbound I L T R I 10.0 0.0 Northbound L T R Southbound L T R 0.0 0.0 HCS2000: Sir~alized Intersections Rel-~se 4.1c ~nalyst: TSP ~gency: AVID ate: 10/20/2003 reriod: PM Pk-Hr, Pk-Season - Existing Project ID: Station Square /W St: Drew Street SIGNALIZED INTERSECTION SUMMARY I Eastbound 1 Westbound 1 Northbound I Southbound I L T R 1 L T R L T R L T R I 1 1 I I 0 2 0 1 0 2 0 1 1 2 0 1 0 2 0 1 DefL TR 1 LTR 1 L TR I LTR 1136 482 26 156 741 156 155 355 89 184 331 38 112.0 12.0 1 12.0 112.0 12.0 12.0 1 0 0 1 0 I 0 Inter.: N. Myrtle Ave and Drew Street Area Type: CBD or Similar Jurisd: City of Clearwater Year 2003 N/S St: North Myrtle Avenue o. Lanes _GConfig volume ane Width TOR Vol ~uration 0.25 Area Type: CBD or Similar Signal Operations 1 2 3 4 I 5 6 7 8 P I NB Left P P I Thru P P 1 Right P I Peds P I SB Left P P I Thru P P I Right P I Peds I EB Right I WB Right Phase Combination C'B Left Thru Right Peds B Left Thru Right Peds L,B Right SB Right reen ellow ?\ll Red ?\ppr/ r ane rp Lane Group Capacity 60.0 4.0 1.0 50.0 4.0 1.0 Cycle Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) Length: 120.0 sec~ Approach v/c g/C Delay LOS Delay LOS k'astbound efL 160 l'R 832 estbound LTR 1365 L.orthbound L 293 R 1287 Southbound TR 967 320 1664 0.89 0.64 0.50 0.50 74.6 25.9 E C 36.2 D 2730 0.73 0.50 27.3 27.3 C c 703 3089 0.20 0.36 0.42 0.42 23.8 24.9 c c 24.7 c 2322 0.49 0.42 27.5 27.5 C C Intersection Delay = 29.1 (sec/veh) Intersection LOS = C HCS2000: Signalized Intersections Release 4.1c ess Eckler ~vid Engineering, Inc )300 Curlew Road uite 100 ~alm Harbor, FL 34683 ?hone: 727-78-9500 -Mail: jeckler@avideng.com Fax: OPERATIONAL ANALYSIS nalyst: _Jency/Co. : )ate Performed: nalysis Time Period: rltersection: \rea Type: Turisdiction: rlalysis Year: ?roject ID: Station TSP AVID 10/20/2003 PM Pk-Hr, Pk-Season - Existing N. Myrtle Ave and Drew Street CBD or Similar City of Clearwater 2003 Square East/West Street Drew Street North/South Street North Myrtle Avenue VOLUME DATA I Eastbound Westbound 1 Northbound I Southbound I L T R L T R I L T R I L T R I I I .olume \136 482 26 56 741 156 155 355 89 184 331 38 5 Heavy Vehl2 2 2 2 2 2 12 2 2 12 2 2 HF 10.95 0.95 0.95 0.95 0.95 0.95 10.95 0.95 0.95 10.95 0.95 0.95 K 15 Vol 136 127 7 15 195 41 114 93 23 122 87 10 ::Ii Ln Vol I 1 I , Grade 0 0 I 0 I 0 deal Sat 1900 1900 1900 11900 1900 I 1900 ?arkExist I I 'Tumpark I I o. Lanes 0 2 0 I 0 2 0 I 1 2 0 I 0 2 0 ~GConfig DefL TR I LTR I L TR I LTR -.ane Width 12.0 12.0 I 12.0 112.0 12.0 I 12.0 TOR Vol 0 I 0 I 0 I 0 'idj Flow 143 534 I 1003 158 468 1 476 lsInSharedLn I I I rop LTs 1.000 0.000 I 0.059 11.000 0.000 I 0.185 :-rop RTs 0.051 I 0.164 I 0.201 I 0.084 ?eds Bikes 1 0 I 0 I 0 I 0 uses 10 0 I 0 10 0 I 0 ~InProtPhase I I I Juration 0.25 Area Type: CBD or Similar OPERATING PARAMETERS I Eastbound I L T R I 'nit Unmet 10.0 0.0 Westbound L T R I Northbound I L T R I 10.0 0.0 0.0 Southbound L T R 0.0 HCS2000: S~~nalized Intersections Rel~ase 4.lc malyst: TSP ".gency: AVID late: 10/20/2003 period: PM Pk-Hr, Pk-Season - Existing Droject ID: Station Square ,/W St: Drew Street Inter.: Alt 19 and Drew Street Area Type: CBD or Similar Jurisd: City of Clearwater Year 2003 N/S St: Alt 19 SIGNALIZED INTERSECTION SUMMARY I Eastbound I Westbound I Northbound I Southbound I L T R I L T R I L T R I L T R 1 I I I o. Lanes 1 0 2 0 0 2 0 I 1 1 0 I 1 1 0 ..JGConfig 1 DefL TR I LTR I L TR 15~ TR Jolume 1281 218 22 159 274 75 174 767 101 384 165 ,ane Width 112.0 12.0 I 12.0 112.0 12.0 112.0 12.0 .TOR Vol 1 0 I 0 I 0 I 0 'uration 0.25 Area Type: CBD or Similar Signal Operations Phase Combination 1 2 3 4 1 5 6 7 8 ~B Left P P 1 NB Left P P Thru P P 1 Thru P P Right P P I Right P P Peds 1 Peds fB Left P 1 SB Left P Thru P 1 Thru P Right P I Right P Peds 1 Peds ,JB Right 1 EB Right SB Right 1 WB Right :reen 10.0 30.0 16.0 45.0 ~ ell ow 4.0 4.0 4.0 4.0 ~ll Red 1.0 1.0 0.0 1.0 Cycle Length: 120.0 sec~ Intersection Performance Summary ~ppr I Lane Adj Sat Ratios Lane Group Approach r,ane Group Flow Rate :rp Capacity ( s ) v/c g/C Delay LOS Delay LOS R:astbound 'efL 288 1593 1.03 0.08 103.7 F l'R 442 1654 0.57 0.38 35.1 D 72.1 E les tbound LTR 662 2647 0.65 0.25 45.1 D 45.1 D LJorthbound L 297 1593 0.26 0.54 21.3 C 'R 892 1647 1.02 0.54 63.7 E 60.4 E Southbound 61 163 0.98 0.38 147.8 F 'R 600 1601 0.96 0.38 65.4 E 73.2 E Intersection Delay = 63.5 (sec/veh) Intersection LOS = E HCS2000: Signalized Intersections Release 4.1c 2SS Eckler \vid Engineering, Inc noo Curlew Road lite 100 ~alm Harbor, FL 34683 ?hone: 727-78-9500 -Mail: jeckler@avideng.com Fax: OPERATIONAL ANALYSIS l.alys t : Jency/Co. : Jate Performed: l.alysis Time period: .l.tersection: ~rea Type: T"lrisdiction: l.alysis Year: ?roject ID: Station TSP AVID 10/20/2003 PM Pk-Hr, Pk-Season - Existing Alt 19 and Drew Street CBD or Similar City of Clearwater 2003 Square East/West Street Drew Street VOLUME DATA I Eastbound I L T R I 1281 218 22 Veh I 2 2 2 10.95 0.95 0.95 174 57 6 I I 0 11900 1900 I I I 0 2 I DefL TR 112.0 12.0 I ~dj Flow 1296 252 5InSharedLnl rop LTs 11.000 0.000 crop RTs I 0.091 I?eds Bikes I 0 uses I 0 ~InProtPhase 0.0 Juration 0.25 Westbound L T R .olume 5 Heavy nF K 15 Vol ii Ln Vol , Grade ::leal Sat l?arkExist 'Tumpark o. Lanes ~GConfig ",ane Width rOR Vol 59 2 0.95 16 274 2 0.95 72 75 2 0.95 20 o 1900 o o 2 LTR 12.0 o o o 429 0.145 0.184 o o o Alt 19 North/South Street Northbound L T R 74 2 0.95 19 767 2 0.95 202 101 2 0.95 27 10 I 0.0 Area Type: CBD or Similar o 1900 1900 1 1 L TR 12.0 12.0 o o 78 913 1.000 0.000 0.116 o o OPERATING PARAMETERS I Eastbound I L T R I 'nit Unmet 10.0 0.0 Westbound L T R 0.0 1 Northbound I L T R I 10.0 0.0 Southbound L T R 57 2 0.95 15 384 2 0.95 101 165 2 0.95 43 o 1900 1900 110 L TR 112.0 12.0 I 0 160 578 1 11.000 0.000 I 0.301 I 0 10 0 I I Southbound I L T R I 10.0 0.0 HCS2000: Unsigna ,ed Intersections Release 4.] TWO-WAY STOP CONTROL SUMMARY l.alys t : TSP ~gency/Co. : AVID ENGINEERING, INC )ate Performed: 10/22/2003 l.alysis Time Period: PM PEAK HOUR - EXISTING l.tersection: ALT 19 @ HENDRICKS Turisdiction: CITY OF CLEARWATER T~its: U. S. Customary l.alysis Year: 2003 _roject ID: STATION SQUARE ~ast/West Street: HENDRICKS AVE -)rth/South Street: ALT 19 l.tersection Orientation: EW Study period (hrs): 0.25 ;d or Street: Vehicle Approach Movement 1 L Volumes and Adjustments Eastbound 2 3 T R 2 0.95 2 Westbound 4 5 6 L T R 25 0 39 0.95 0.95 0.95 26 0 41 0 0 1 0 LTR No Southbound 10 11 12 L T R 16 434 1 0.95 0.95 0.95 16 456 1 0 0 0 0 No 0 2 0 LT TR Service Southbound 10 11 12 LT TR 0 1 0 LTR No Northbound 7 8 9 L T R 0 886 11 0.95 0.95 0.95 0 932 11 0 0 0 0 No 0 2 0 LT TR )lume 1 aak-Hour Factor, PHF 0.95 iourly Flow Rate, HFR 1 '~rcent Heavy Vehicles 0 ~dian Type Undivided .f Channelized? Janes -)nfiguration Jstream Signal? 1inor Street: Approach Movement TO 1 ume aak Hour Factor, PHF Jurly Flow Rate, HFR )ercent Heavy Vehicles '~rcent Grade (%) adian Storage lared Approach: Exists? Storage -1' Channelized? ,tiles ;onfiguration o 0.95 o ~pproach /fovement ,me Config Delay, EB 1 LTR Queue WB 4 LTR Length, and Level of Northbound 789 LT TR T (vph) , (m) (vph) Ic ,5% queue length ~ontrol Delay )8 ::>proach Delay ~pproach LOS 1 1581 0.00 0.00 7.3 A 26 1634 0.02 0.05 7.2 A 466 784 0.59 3.99 16.1 C 477 789 0.60 4.15 16.3 C 244 o 229 805 0.28 1.17 11. 2 B F 16.2 C HCS2000: Unsignalized Intersections Release 4.1c t>hone: E;-Mail: Fax: TWO-WAY STOP CONTROL (TWSC) ANALYSIS ~nalyst: TSP Jency/Co. : AVID ENGINEERING, INC _ate Performed: 10/22/2003 ~alysis Time Period: PM PEAK HOUR - EXISTING -~tersection: ALT 19 @ HENDRICKS ~risdiction: CITY OF CLEARWATER Jnits: U. S. Customary ~alysis Year: 2003 roject ID: STATION SQUARE ~st/West Street: HENDRICKS AVE ~orth/South Street: ALT 19 Intersection Orientation: EW Study period (hrs): 0.25 -- Vehicle Volumes and Adjustments ~ajor Street Movements 1 2 3 4 5 6 L T R L T R volume 1 2 0 25 0 39 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 -9ak-15 Minute Volume 0 1 0 7 0 10 ::mrly Flow Rate, HFR 1 2 0 26 0 41 I:'ercent Heavy Vehicles 0 0 ~edian Type Undivided r Channelized? ~nes 0 1 0 0 1 0 ::::onfiguration LTR LTR :Jpstream Signal? No No inor Street Movements 7 8 9 10 11 12 L T R L T R olume 0 886 11 16 434 1 .eak Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Peak-15 Minute Volume 0 233 3 4 114 0 -.ourly Flow Rate, HFR 0 932 11 16 456 1 ercent Heavy Vehicles 0 0 0 0 0 0 I:'ercent Grade (%) 0 0 XIedian Storage lared Approach: Exists? No No Storage RT Channelized? r,anes 0 2 0 0 2 0 onfiguration LT TR LT TR Pedestrian Volumes and Adjustments ovements 13 14 15 16 Plow (ped/hr) 0 0 0 0 ane Width (ft) 12.0 12.0 12.0 12.0 alking Speed (fUsee) 4.0 4.0 4.0 4.0 Percent Blockage 0 0 0 0 Prog. Flow Upstream Signal Data Sat Arrival Green Cyele Flow Type Time Length Prog. Speed Distance to Signal HCS2000: Unsigna ,ed Intersections Release 4.~ TWO-WAY STOP CONTROL SUMMARY 1.alyst: TSP igency/Co.: AVID ENGINEERING, INC )ate Performed: 10/22/2003 1.alysis Time Period: PM Pk-Hr, Pk-Season - EXISTING 1.tersection: N. MYRTLE AVE. @ LAURA ST Turisdiction: CITY OF CLEARWATER T~its: U. S. Customary 1.alysis Year: 2003 .roject ID: STATION SQUARE ~ast/West Street: LAURA STREET -Jrth/South Street: NORTH MYRTLE AVENUE 1.tersection Orientation: EW Study period (hrs): 0.25 3.j or Street: Vehicle Approach Movement 1 L Volumes and Adjustments Eastbound 2 3 T R 11 0.95 11 Westbound 4 5 6 L T R 15 19 14 0.95 0.95 0.95 15 20 14 0 0 1 0 LTR No Southbound 10 11 12 L T R 10 399 10 0.95 0.95 0.95 10 420 10 0 0 0 0 No Jlume 11 3ak-Hour Factor, PHF 0.95 {ourly Flow Rate, HFR 11 '~rcent Heavy Vehicles 0 3dian Type Undivided ,r Channelized? Jane s -Jnfiguration ;:>stream Signal? 26 0.95 27 0 1 0 LTR No Northbound 7 8 9 L T R 11 469 15 0.95 0.95 0.95 11 493 15 0 0 0 0 No 0 2 0 LT TR 1inor Street: Approach Movement Tolume 3ak Hour Factor, PHF Jurly Flow Rate, HFR ?ercent Heavy Vehicles '~rcent Grade (%) 3dian Storage .-lared Approach: Exists? Storage r Channelized? :mes ~onfiguration o 2 LT o TR \pproach iT ovemen t ::me Config Delay, EB 1 LTR 1 (vph) ~ (m) (vph) Ic 75% queue length ::ontrol Delay )S 9proach Delay \pproach LOS 11 1591 0.01 0.02 7.3 A Queue WB 4 LTR Length, and Level of Service Northbound Southbound 7 8 9 10 11 12 LT TR LT TR 15 1585 0.01 0.03 7.3 A 257 734 0.35 1. 57 12.5 B 261 783 0.33 1. 47 11. 9 B 220 710 0.31 1. 32 12.3 B 220 774 0.28 1.17 11. 5 B 12.2 B 11. 9 B HCS2000: Unsignalized Intersections Release 4.1c Phone: E-Mail : Fax: TWO-WAY STOP CONTROL (TWSC) ANALYSIS nnalyst: TSP gency/Co.: AVID ENGINEERING, INC _ate Performed: 10/22/2003 knalysis Time Period: PM Pk-Hr, Pk-Season - EXISTING -ntersection: N. MYRTLE AVE. @ LAURA ST urisdiction: CITY OF CLEARWATER units: U. S. Customary ~nalysis Year: 2003 roject ID: STATION SQUARE ast/West Street: LAURA STREET North/South Street: NORTH MYRTLE AVENUE Intersection Orientation: EW Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Movements 1 2 3 4 5 6 L T R L T R volume 11 11 26 15 19 14 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 -eak-15 Minute Volume 3 3 7 4 5 4 ourly Flow Rate, HFR 11 11 27 15 20 14 ~ercent Heavy Vehicles 0 0 Median Type Undivided l' Channelized? anes 0 1 0 0 1 0 :::onfiguration LTR LTR [Jpstream Signal? No No inor Street Movements 7 8 9 10 11 12 L T R L T R olume 11 469 15 10 399 10 ceak Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Peak-15 Minute Volume 3 123 4 3 105 3 --ourly Flow Rate, HFR 11 493 15 10 420 10 ercent Heavy Vehicles 0 0 0 0 0 0 ~ercent Grade (%) 0 0 Median Storage lared Approach: Exists? No No Storage RT Channelized? 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" ,. .. 0 0 '" ~ ~ 0 0 '" :; Q. on '" ,. ~ 0 0 ~ 0 .. .. 0 0 a; 0 0 " 0 ~ .. ... 0 0 ~ 0 '" '" q N '" - " " ~ ~ 2 2 '" C!J '" '0 ~ c ~ .2 . .= i1 >- c ~ 0 ~ :; 0 ~ .0 ~ .g 0 ~i Q. 15 ~ - . >- ~ i >- 1ii L: ~ ,j; c . '" ~ f- c f- . ~ ~ ~ l'l ~ - z ~ m . , t' t' g )( ~ ~ U .5 ci c .~ " c .~ w" 00 >~ <l:u. z::; w"- 0", a:", ~~ @C') 08 z~ ~~ >- W ...J U ~ ~ N ~ " S\ HCS2000: Sj-~alized Intersections Rel-~se 4.1c !\nalyst: JAC gency: AVID ate: 10/20/2003 period: PM Pk-Hr, Pk-Season - Post Dev Droject ID: Station Square /W St: Cleveland Street Inter.: Cleveland Street and East AVE Area Type: CBD or Similar Jurisd: City of Clearwater Year 2005 N/S St: East Avenue SIGNALIZED INTERSECTION SUMMARY 1 Eastbound I Westbound 1 Northbound 1 Southbound 1 L T R L T R 1 L T R I L T R 1 1 1 1 o. Lanes 1 1 1 0 1 1 1 1 1 0 1 0 1 0 1 0 ,-,GConfig I L TR 1 L T R 1 LTR 1 LTR Jolume 126 468 9 17 432 33 113 82 34 148 34 20 ane Width 112.0 12.0 112.0 12.0 12.0 I 12.0 1 12.0 TOR Vol 1 0 1 0 I 0 1 0 -uration 0.25 Area Type: CBD or Similar Signal Operations Phase Combination 1 2 3 4 I 5 6 7 8 roB Left P I NB Left P Thru P I Thru P Right P 1 Right P Peds 1 Peds B Left P I SB Left P Thru P I Thru P Right P 1 Right P Peds 1 Peds _~B Right 1 EB Right SB Right I WB Right reen 90.0 20.0 _ellow 4.0 4.0 l:ill Red 1.0 1.0 Cycle Length: 120.0 sec~ Intersection Performance Summary l:ippr/ Lane Adj Sat Ratios Lane Group Approach "ane Group Flow Rate rp Capacity (s) v/c g/C Delay LOS Delay LOS C'astbound 593 791 0.05 0.75 4.0 A l'R 1254 1672 0.40 0.75 6.3 A 6.2 A estbound L.J 559 745 0.01 0.75 3.8 A r 1257 1676 0.36 0.75 6.0 A 5.8 A 1069 1425 0.03 0.75 3.9 A "orthbound TR 260 1560 0.52 0.17 53.0 D 53.0 D Southbound TR 191 1143 0.57 0.17 57.6 E 57.6 E Intersection Delay = 15.4 (sec/veh) Intersection LOS = B HCS2000: Signalized Intersections Release 4.1c ess Eckler \vid Engineering, Inc 1300 Curlew Road uite 100 ~alm Harbor, FL 34683 ~hone: 727-78-9500 -Mail: jeckler@avideng.com Fax: OPERATIONAL ANALYSIS nalyst: ...gency/Co. : Jate Performed: nalysis Time period: ntersection: \rea Type: -urisdiction: nalysis Year: ?roject ID: Station JAC AVID 10/20/2003 PM Pk-Hr, Pk-Season - Post Dev Cleveland Street and East Aven CBD or Similar City of Clearwater 2005 Square East/West Street Cleveland Street VOLUME DATA 1 Eastbound I L T R I 126 468 9 Veh I 2 2 2 10.95 0.95 0.95 17 123 3 I 1 0 11900 1900 I I 111 I L TR 112.0 12.0 I 1.\dj Flow 127 ~InSharedLnl rop LTs 11.000 0.000 ~rop RTs I 0.018 Peds Bikes I 0 uses 10 oInProtPhase Juration 0.25 volume 5 Heavy HF _K 15 Vol ji Ln Vol Grade deal Sat ParkExist ~umPark o. Lanes ~GConfig rane Width TOR Vol 502 o I Eastbound 1 L T R I ~nit Unrnet 10.0 0.0 o I Westbound I L T R I 17 432 12 2 10.95 0.95 12 114 I 1 11900 1 1 111 I L T 112.0 12.0 I 17 I 11.000 0.000 I 0.000 1.000 I 0 10 1 Type: CBD or 1 Northbound I L T R I 113 82 34 12 2 2 10.95 0.95 0.95 14 22 9 I o 1 1900 1900 I I 1 1 1 1 1 I I 1 1 1 1 I Similar 33 2 0.95 9 o 1 R 12.0 o 35 455 o o Area North/South Street East Avenue Southbound L T R 48 2 0.95 13 34 2 0.95 9 20 2 0.95 5 o 1900 o 1900 o 1 LTR 12.0 o 010 LTR 12.0 o o 136 108 0.103 0.265 o 0.472 0.194 o o o OPERATING PARAMETERS I Westbound I L T R 1 10.0 0.0 0.0 Northbound L T R Southbound L T R 0.0 0.0 Z\.nalyst: JDE HCS2000: Si'- --3.lized Intersections Rel'--'se 4.1c Post Dev Inter.: Cleveland Street @ Garden AVE Area Type: CBD or Similar Jurisd: City of Clearwater Year 2005 gency: ate: period: Droject IW St: Avid Engineering, INC 10/21/2003 PM Pk-Hr, Pk-Season - ID: Station Square Cleveland Street SIGNALIZED INTERSECTION SUMMARY I Eastbound 1 Westbound I Northbound 1 Southbound I L T R 1 L T R I L T R 1 L T R I 1 I 1 I 1 1 0 1 1 1 0 I 0 1 0 1 0 1 0 1 L TR 1 L TR 1 LTR I LTR 133 468 8 17 453 25 124 72 21 144 81 60 112.0 12.0 112.0 12.0 1 12.0 I 12.0 1 0 I 0 I 0 I 0 o. Lanes .....GConfig volume ane Width TOR Vol N/S St: Garden Avenue -uration 0.25 Area Type: CBD or Similar Signal Operations 1 2 3 4 1 5 6 7 8 P 1 NB Left P P 1 Thru P P 1 Right P 1 Peds P 1 SB Left P P 1 Thru P P 1 Right P 1 Peds 1 EB Right 1 WB Right Phase Combination '-'B Left Thru Right Peds B Left Thru Right Peds L"B Right SB Right reen _ellow ?\ll Red ?\ppr I ane rp Lane Group Capacity 90.0 4.0 1.0 20.0 4.0 1.0 Cycle Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) Length: 120.0 sec~ Approach v/c g/C Delay LOS Delay LOS Dastbound 558 rR 1254 estbound l..J 560 rR 1247 L\lorthbound .TR 232 Southbound ,TR 230 744 1672 0.06 0.40 0.75 0.75 4.2 6.3 A A 6.2 A 746 1663 0.01 0.40 0.75 0.75 3.8 6.3 A A 6.3 A 1394 0.53 0.17 54.1 54.1 D D 1378 0.84 0.17 78.2 78.2 E E Intersection Delay = 20.8 (sec/veh) Intersection LOS = C - HCS2000: Signalized Intersections Release 4.1c 3SS Eckler \vid Engineering, Inc )300 Curlew Road .lite 100 ~alm Harbor, FL 34683 ~hone: 727-78-9500 -Mail: jeckler@avideng.com Fax: OPERATIONAL ANALYSIS :1alyst: ~gency/Co. : )ate Performed: :1alysis Time Period: :1tersection: \rea Type: -.lrisdiction: :1alysis Year: ?roject ID: Station JDE Avid Engineering, INC 10/21/2003 PM Pk-Hr, Pk-Season - Post Dev Cleveland Street @ Garden Ave CBD or Similar City of Clearwater 2005 Square East/West Street Cleveland Street North/South Street Garden Avenue VOLUME DATA I Eastbound Westbound 1 Northbound I Southbound I L T R L T R 1 L T R I L T R I 1 I Jolume 133 468 8 7 453 25 124 72 21 144 81 60 1> Heavy Vehl2 2 2 2 2 2 12 2 2 12 2 2 :-IF 10.95 0.95 0.95 0.95 0.95 0.95 10.95 0.95 0.95 10.95 0.95 0.95 _K 15 Vol 19 123 2 2 119 7 6 19 6 112 21 16 -:Ii Ln Vol I I Grade I 0 0 0 I 0 ::leal Sat 11900 1900 1900 1900 1900 I 1900 ?arkExist I I ~'.lmPark I I ::>. Lanes I 1 1 0 1 1 0 0 1 0 I 0 1 0 :"'GConfig I L TR L TR LTR I LTR -:ine Width 112.0 12.0 12.0 12.0 12.0 I 12.0 rOR Vol I 0 0 0 I 0 \dj Flow 135 501 7 503 123 I 194 I; InSharedLnI I rop LTs 11.000 0.000 1.000 0.000 1 0.203 I 0.237 :,rop RTs I 0.016 I 0.052 1 0.179 I 0.325 ?eds Bikes I 0 I 0 1 0 I 0 uses 10 0 10 0 I 0 I 0 ulnProtPhase I I I Juration 0.25 Area Type: CBD or Similar OPERATING PARAMETERS I Eastbound I L T R I ~nit Unrnet 10.0 0.0 I Westbound I L T R I 10.0 0.0 Northbound L T R Southbound L T R 0.0 0.0 HCS2000: S~~~alized Intersections Rel~~se 4.1c malyst: TSP gency: AVID ate: 10/20/2003 ?eriod: PM Pk-Hr, Pk-Season - Post Dev Jroject ID: Station Square IW St: Drew Street SIGNALIZED INTERSECTION SUMMARY I Eastbound I Westbound I Northbound I Southbound I L T R I L T R I L T R I L T R I I I I I 0 2 0 I 0 2 0 I L 1 2 0 I 0 2 0 I DefL TR I LTR TR I LTR 145 335 27 165 515 164 157 375 98 188 414 43 112.0 12.0 I 12.0 112.0 12.0 I 12.0 I 0 I 0 I 0 I 0 Inter.: N. Myrtle Ave and Drew Street Area Type: CBD or Similar Jurisd: City of Clearwater Year 2005 N/S St: North Myrtle Avenue o. Lanes --,GConf ig Jol ume ane Width TOR Vol -uration 0.25 Area Type: CBD or Similar Signal Operations 1 2 3 4 I 5 6 7 8 P I NB Left P P I Thru P P I Right P I Peds P I SB Left P P I Thru P P I Right P I Peds I EB Right I WB Right ?hase Combination ""B Left Thru Right Peds B Left Thru Right Peds .~B Right 3B Right reen _ellow ~ll Red ~ppr I ane rp Lane Group Capacity 60.0 4.0 1.0 50.0 4.0 1.0 Cycle Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) Length: 120.0 sec~ Approach v/c g/C Delay LOS Delay LOS 3'astbound efL 234 fR 829 estbound GTR 1342 ..orthbound l..J 249 R 1286 30uthbound TR 960 468 1658 0.65 0.46 0.50 0.50 35.7 21.3 D C 25.4 C 2683 0.58 0.50 23.0 23.0 C C 598 3086 0.24 0.39 0.42 0.42 25.0 25.2 C C 25.2 C 2303 0.60 0.42 29.9 29.9 C C Intersection Delay = 25.7 (sec/veh) Intersection LOS = C HCS2000: Signalized Intersections Release 4.lc ess Eckler ~vid Engineering, Inc 1300 Curlew Road uite 100 ~alm Harbor, FL 34683 ~hone: 727-78-9500 .-Mail: jeckler@avideng.com Fax: OPERATIONAL ANALYSIS nalys t : ~gency/Co. : Jate Performed: nalysis Time Period: ntersection: ~rea Type: -urisdiction: nalysis Year: Project ID: Station TSP AVID 10/20/2003 PM Pk-Hr, Pk-Season - Post Dev N. Myrtle Ave and Drew Street CBD or Similar City of Clearwater 2005 Square East/West Street Drew Street North/South Street North Myrtle Avenue VOLUME DATA I Eastbound I Westbound Northbound I Southbound I L T R I L T R L T R I L T R I I I /olume 1145 335 27 165 515 164 57 375 98 188 414 43 ~ Heavy Vehl2 2 2 12 2 2 2 2 2 12 2 2 'HF 10.95 0.95 0.95 10.95 0.95 0.95 0.95 0.95 0.95 10.95 0.95 0.95 _'K 15 Vol 138 88 7 117 136 43 15 99 26 123 109 11 :-Ii Ln Vol I I I , Grade I 0 I 0 0 I 0 deal Sat 11900 1900 I 1900 1900 1900 I 1900 l?arkExist I I I 'TumPark I I I roo Lanes I 0 2 0 1 0 2 0 1 2 0 I 0 2 0 l,GConfig I DefL TR I LTR L TR I LTR r,ane Width 112.0 12.0 I 12.0 12.0 12.0 I 12.0 ~TOR Vol I 0 I 0 0 I 0 lidj Flow 1153 381 I 783 160 498 1 574 'Is InSharedLnI I 1 I lrop LTs 11.000 0.000 I 0.087 11.000 0.000 I 0.162 t>rop RTs I 0.073 I 0.221 I 0.207 I 0.078 l?eds Bikes I 0 I 0 I 0 I 0 luses 10 0 1 0 10 0 I 0 'oInProtPhase 1 I I Duration 0.25 Area Type: CBD or Similar OPERATING PARAMETERS I Eastbound I L T R , ~nit Unmet /0.0 0.0 Westbound L T R I Northbound I L T R I 10.0 0.0 0.0 Southbound L T R 0.0 HCS2000: Sj-~alized Intersections ReJ~~se 4.1c Inter.: Alt 19 and Drew Street Area Type: CBD or Similar Jurisd: City of Clearwater Year 2005 !\nalyst: TSP ";Jency: AVID ate: 10/20/2003 ?eriod: PM Pk-Hr, Pk-Season - Post Dev Droject ID: Station Square /W St: Drew Street o. Lanes ~GConfig Jolume ane Width I'OR Vol 1 Eastbound 1 L T R 102 1 DefL TR 1192 149 23 112.0 12.0 I -uration 0.25 ~hase Combination 1 ~B Left P Thru P Right P Peds B Left Thru Right Peds .~B Right 3B Right reen _ellow 1\11 Red 10.0 4.0 1.0 I\ppr/ " ane rp Lane Group Capacity G'astbound efL 316 l'R 4 71 estbound ['TR 651 .~orthbound [, 317 R 892 3outhbound 60 'R 608 N/S St: Alt 19 SIGNALIZED INTERSECTION SUMMARY I Westbound 1 Northbound I L T R I L T R 10201 110 I LTR I L TR 162 187 94 178 800 107 I 12.0 112.0 12.0 I 0 I 0 o o Area Type: CBD or Similar Signal Operations 341 1 NB I 1 1 SB 1 1 1 1 EB 1 WB 30.0 4.0 1.0 1593 1643 2602 1593 1647 149 1622 2 P P P P P P vlc glC Left Thru Right Peds Left Thru Right Peds Right Right Delay LOS 42.0 29.7 42.6 20.2 C 78.4 E 217.5 F 53.9 D Intersection Delay = 62.9 (sec/veh) 16.0 45.0 4.0 4.0 0.0 1.0 Cycle Length: 120.0 Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) 0.64 0.38 0.08 0.38 0.55 0.25 0.26 1.07 0.54 0.54 1.20 0.90 0.38 0.38 5 P P P D C D I Southbound I L T R I I L 168 112.0 1 1 1 TR 407 12.0 o 112 o 6 P P P 8 7 P P P secE Approach Delay LOS 36.2 D 42.6 D 73.8 E 73.0 E Intersection LOS = E HCS2000: Signalized Intersections Release 4.1c ess Eckler \vid Engineering, Inc 1300 Curlew Road uite 100 ~alm Harbor, FL 34683 Jhone: 727-78-9500 -Mail: jeckler@avideng.com Fax: OPERATIONAL ANALYSIS nalyst: TSP ~gency/Co. : AVID Jate Performed: 10/20/2003 nalysis Time period: PM Pk-Hr, Pk-Season - Post Dev ntersection: Alt 19 and Drew Street \rea Type: CBD or Similar ~risdiction: City of Clearwater nalysis Year: 2005 ?roject ID: Station Square East/West Street North/South Street Drew Street Alt 19 Eastbound L T R volume 192 149 23 5 Heavy Veh 2 2 2 HF 0.95 0.95 0.95 _K 15 Vol 51 39 6 ii Ln Vol Grade 0 jeal Sat 1900 1900 ?arkExist -umPark o. Lanes I 0 2 0 ~GConfig I DefL TR -ane Width 112.0 12.0 TOR Vol I 0 \dj Flow 1202 181 "'InSharedLnl rop LTs 11.000 0.000 ~rop RTs I 0.133 Jeds Bikes I 0 uses 10 0 oInProtPhase 0.0 Juration 0.25 Area I Eastbound I L T R I ~nit Unmet 10.0 0.0 VOLUME DATA I Northbound I L T R I 178 800 107 12 2 2 10.95 0.95 0.95 121 211 28 I I 0 11900 1900 I I 02011 0 LTR L TR I 12.0 12.0 12.0 100 I 361 82 955 I I 0.180 1.000 0.000 I 0.274 0.118 100 I 0 0 0 I 0.0 Type: CBD or Simllar Westbound L T R 62 2 0.95 16 187 2 0.95 49 94 2 0.95 25 o 1900 OPERATING PARAMETERS I Southbound I L T R I 168 407 112 12 2 2 10.95 0.95 0.95 118 107 29 I I 0 11900 1900 I I I 110 I L TR 112.0 12.0 I 0 172 546 I 11.000 0.000 I 0.216 I 0 10 0 I Westbound L T R I Northbound I L T R I 10.0 0.0 0.0 I Southbound I L T R I 10.0 0.0 HCS2000: Unsigna oed Intersections Release 4.1 TWO-WAY STOP CONTROL SUMMARY ~alyst: TSP ~gency/Co.: AVID ENGINEERING, INC )ate Performed: 10/22/2003 ~alysis Time period: PM Pk-Hr, Pk-Season - Post Dev ~tersection: N. MYRTLE AVE. @ LAURA ST Jurisdiction: CITY OF CLEARWATER T~its: U. S. Customary ~alysis Year: 2005 _Loject ID: STATION SQUARE ~ast/West Street: LAURA STREET -)rth/South Street: NORTH MYRTLE AVENUE ltersection Orientation: EW Study period (hrs): 0.25 ijor Street: Vehicle Approach Movement 1 L Volumes and Adjustments Eastbound 2 3 T R Westbound 4 5 6 L T R 16 19 15 0.95 0.95 0.95 16 20 15 0 0 1 0 LTR No Southbound 10 11 12 L T R 10 419 20 0.95 0.95 0.95 10 441 21 0 0 0 0 No )lume 18 3ak-Hour Factor, PHF 0.95 ~ourly Flow Rate, HFR 18 n~rcent Heavy Vehicles 0 3dian Type Undivided ocr Channelized? Lanes - )nfiguration Jstream Signal? 11 0.95 11 32 0.95 33 ~inor Street: Approach Movement iTolume 3ak Hour Factor, PHF Jurly Flow Rate, HFR Percent Heavy Vehicles n~rcent Grade (%) 3dian Storage Llared Approach: Exists? Storage r Channelized? :mes ..:onfiguration o 1 LTR No o o 2 LT o TR "I.pproach Vlovement :me Config Delay, EB 1 LTR Northbound 7 8 9 L T R 19 492 17 0.95 0.95 0.95 20 517 17 0 0 0 0 No 0 2 0 LT TR Queue WB 4 LTR Length, and Level of Service Northbound Southbound 7 8 9 10 11 LT TR LT 12 TR v (vph) - (m) (vph) /c ~5% queue length :ontrol Delay JS pproach Delay "I.pproach LOS 18 1589 0.01 0.03 7.3 A 16 1577 0.01 0.03 7.3 A 278 676 0.41 2.01 14.0 B 275 760 0.36 1. 66 12.4 B 230 678 0.34 1. 50 13.0 B 241 758 0.32 1. 37 11. 9 B 13 .2 B 12.5 B HCS2000: Unsignalized Intersections Release 4.1c )hone : ~-Mail : Fax: TWO-WAY STOP CONTROL (TWSC) ANALYSIS ~nalyst: TSP Jeney/Co. : AVID ENGINEERING, INC .ate Performed: 10/22/2003 \nalysis Time period: PM Pk-Hr, Pk-Season - Post Dev -J.terseetion: N. MYRTLE AVE. @ LAURA ST ~risdietion: CITY OF CLEARWATER )nits: U. S. Customary \nalysis Year: 2005 rojeet ID: STATION SQUARE ~st/West Street: LAURA STREET ~orth/South Street: NORTH MYRTLE AVENUE [ntersection Orientation: EW Study period (hrs): 0.25 Vehicle Volumes and Adjustments 1ajor Street Movements 1 2 3 4 5 6 L T R L T R oolume 18 11 32 16 19 15 ?eak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 -3ak-15 Minute Volume 5 3 8 4 5 4 Jurly Flow Rate, HFR 18 11 33 16 20 15 ~ereent Heavy Vehicles 0 0 1edian Type Undivided r Channelized? :ines 0 1 0 0 1 0 :::onfiguration LTR LTR Jpstream Signal? No No inor Street Movements 7 8 9 10 11 12 L T R L T R :::>lume 19 492 17 10 419 20 _eak Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 ?eak-15 Minute Volume 5 129 4 3 110 5 -Jurly Flow Rate, HFR 20 517 17 10 441 21 ercent Heavy Vehicles 0 0 0 0 0 0 ~ercent Grade (%) 0 0 1edian Storage lared Approach: Exists? No No Storage ~T Channelized? ,anes 0 2 0 0 2 0 onfiguration LT TR LT TR Pedestrian Volumes and Adjustments ovements 13 14 15 16 :Claw (ped/hr) 0 0 0 0 ane Width (ft) 12.0 12.0 12.0 12.0 alking Speed ( ft/sec) 4.0 4.0 4.0 4.0 ~ercent Blockage 0 0 0 0 Prog. Flow Upstream Signal Data Sat Arrival Green Cycle Flow Type Time Length Prog. Speed Distance to Signal HCS2000: Unsigna ,ed Intersections Release 4.: TWO-WAY STOP CONTROL SUMMARY J.alyst: TSP igency/Co. : AVID ENGINEERING, INC )ate Performed: 10/22/2003 J.alysis Time Period: PM PK-Hr, Pk-Season Post Dev J.tersection: ALT 19 @ HENDRICKS Turisdiction: CITY OF CLEARWATER T~its: U. S. Customary J.alysis Year: 2005 .roject ID: STATION SQUARE ~ast/West Street: HENDRICKS AVE -)rth/South Street: ALT 19 J.tersection Orientation: EW Study period (hrs): 0.25 3.jor Street: Vehicle Approach Movement 1 L Volumes and Adjustments Eastbound 2 3 T R )lume 1 :ak-Hour Factor, PHF 0.95 iourly Flow Rate, HFR 1 ~~rcent Heavy Vehicles 0 :dian Type Undivided ,:1' Channelized? :"anes -)nfiguration ;:>stream Signal? 2 0.95 2 o 0.95 o 0 1 0 LTR No Northbound 7 8 9 L T R 0 924 18 0.95 0.95 0.95 0 972 18 0 0 0 0 No 0 2 0 LT TR 1inor Street: Approach Movement .Tolume 2ak Hour Factor, PHF )urly Flow Rate, HFR ?ercent Heavy Vehicles '~rcent Grade (%) 2dian Storage .lared Approach: Exists? Storage l' Channelized? ::mes ..:onfiguration Westbound 4 5 6 L T R 26 0 41 0.95 0.95 0.95 27 0 43 0 0 1 0 LTR No Southbound 10 11 12 L T R 25 451 0 0.95 0.95 0.95 26 474 0 0 0 0 0 No 0 2 0 LT TR Service Southbound 10 11 12 LT TR 'ipproach Vfovement 3.ne Config Delay, EB 1 LTR Queue WB 4 LTR Length, and Level of Northbound 7 8 9 LT TR J (vph) '(m) (vph) /c 75% queue length :::ontrol Delay OS pproach Delay 'ipproach LOS 1 27 486 504 1579 1634 779 787 0.00 0.02 0.62 0.64 0.00 0.05 4.44 4.71 7.3 7.2 17.0 17.3 A A C C 17.2 C 263 o 237 800 0.30 1.24 11.4 B F HCS2000: Unsignalized Intersections Release 4.1c Phone: E;-Mail: Fax: TWO-WAY STOP CONTROL (TWSC) ANALYSIS ~nalyst: TSP ~ency/Co. : AVID ENGINEERING, INC ~ate Performed: 10/22/2003 ~alysis Time Period: PM PK-Hr, Pk-Season Post Dev -ntersection: ALT 19 @ HENDRICKS urisdiction: CITY OF CLEARWATER Jnits: U. S. Customary ~alysis Year: 2005 roject ID: STATION SQUARE ast/West Street: HENDRICKS AVE ~orth/South Street: ALT 19 Tntersection Orientation: EW Study period (hrs): 0.25 Vehicle Volumes and Adjustments ~ajor Street Movements 1 2 3 4 5 6 L T R L T R volume 1 2 0 26 0 41 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 -eak-15 Minute Volume 0 1 0 7 0 11 ourly Flow Rate, HFR 1 2 0 27 0 43 ~ercent Heavy Vehicles 0 0 ~edian Type Undivided T Channelized? anes 0 1 0 0 1 0 :onfiguration LTR LTR -Tpstream Signal? No No inor Street Movements 7 8 9 10 11 12 L T R L T R olume 0 924 18 25 451 0 Leak Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Peak-IS Minute Volume 0 243 5 7 119 0 ourly Flow Rate, HFR 0 972 18 26 474 0 ercent Heavy Vehicles 0 0 0 0 0 0 I::'ercent Grade (%) 0 0 ~edian Storage lared Approach: Exists? No No Storage RT Channelized? r.anes 0 2 0 0 2 0 onfiguration LT TR LT TR Pedestrian Volumes and Adjustments .ovements 13 14 15 16 Plow (ped/hr) 0 0 0 0 ane Width (ft) 12.0 12.0 12.0 12.0 alking Speed (ft/sec) 4.0 4.0 4.0 4.0 Percent Blockage 0 0 0 0 Prog. Flow Upstream Signal Data Sat Arrival Green Cycle Flow Type Time Length Prog. Speed Distance to Signal ,ed Intersections Release 4.: HCS2000: Unsigna TWO-WAY STOP CONTROL SUMMARY :lalyst: j sw :"gency/Co. : AVID )ate Performed: 10/22/2003 :lalysis Time Period: PM Pk-Hr, Pk-Season - Post Dev :ltersection: Laure @ Site Entrance Jurisdiction: City of Clearwater Tnits: U. S. Customary :lalysis Year: 2005 _roject ID: Station Square ~ast/West Street: Laura Street ~Jrth/South Street: Site Entrance :ltersection Orientation: EW Study period (hrs): 0.25 3.j or Street: Vehicle Approach Movement 1 L Volumes and Adjustments Eastbound 2 3 T R 42 1. 00 42 23 1. 00 23 Westbound 4 5 6 L T R 0 63 56 1. 00 1. 00 1. 00 0 63 56 0 0 1 0 LTR No Southbound 10 11 12 L T R )1 ume 0 ~ak-Hour Factor, PHF 1.00 {ourly Flow Rate, HFR 0 ~~rcent Heavy Vehicles 0 ~dian Type Undivided .r Channelized? :"anes -)nfiguration )stream Signal? o 1 LTR No o 1inor Street: Approach Movement Northbound 789 L T R lolume 2ak Hour Factor, PHF )urly Flow Rate, HFR ?ercent Heavy Vehicles ~~rcent Grade (%) 2dian Storage .lared Approach: Exists? Storage --r Channelized? :ines ~onfiguration 18 37 1. 00 1. 00 18 37 0 0 0 No 0 0 LR o 'l.pproach lIovement :ine Config Delay, EB 1 LTR T (vph) ~ (m) (vph) /c 15% queue 1 ength :ontrol Delay )S 9proach Delay l.pproach LOS o 1482 0.00 0.00 7.4 A Queue WB 4 LTR Length, and Level of Northbound 7 8 9 LR Service Southbound 10 11 12 o 1550 0.00 0.00 7.3 A 55 958 0.06 0.18 9.0 A 9.0 A HCS2000: Unsignalized Intersections Release 4.1c )hone: I-Mail: Fax: TWO-WAY STOP CONTROL (TWSC) ANALYSIS 'Tlalyst: j sw Jency/Co. : AVID .~te Performed: 10/22/2003 malysis Time Period: PM Pk-Hr, Pk-Season - Post Dev -~tersection: Laure @ Site Entrance ~risdiction: City of Clearwater Inits: U. S. Customary malysis Year: 2005 roject ID: Station Square ~st/West Street: Laura Street Jorth/South Street: Site Entrance :ntersection Orientation: EW Study period (hrs): 0.25 Vehicle Volumes and Adjustments iajor Street Movements 1 2 3 4 5 6 L T R L T R ,.)lume 0 42 23 0 63 56 )eak-Hour Factor, PHF 1. 00 1. 00 1. 00 1. 00 1. 00 1. 00 -=ak-15 Minute Volume 0 10 6 0 16 14 :mrly Flow Rate, HFR 0 42 23 0 63 56 ~ercent Heavy Vehicles 0 0 I[edian Type Undivided r Channelized? 3.nes 0 1 0 0 1 0 :onfiguration LTR LTR T1;)stream Signal? No No inor Street Movements 7 8 9 10 11 12 L T R L T R :J 1 ume 18 37 .eak Hour Factor, PHF 1. 00 1. 00 ?eak-15 Minute Volume 4 9 :Jurly Flow Rate, HFR 18 37 =rcent Heavy Vehicles 0 0 ~ercent Grade (%) 0 0 I[edian Storage lared Approach: Exists? No Storage ~T Channelized? .anes 0 0 :Jnfiguration LR Pedestrian Volumes and Adjustments :Jvements 13 14 15 16 "low (ped/hr) 0 0 0 0 ,me Width (ft) 12.0 12.0 12.0 12.0 alking Speed (ft/sec) 4.0 4.0 4.0 4.0 ?ercent Blockage 0 0 0 0 Prog. Flow Upstream Signal Data Sat Arrival Green Cycle Flow Type Time Length Prog. Speed Distance to Signal .. " ~~~ ~J.,\~LOF rN~~ ~~~~1. .~. \L o\,;" .~.~f'~~';"i :r:: ~ ::::. Q.. ..11"':;:" - ~~. ~~~~~ ~.;lJ?4TE~~~.~ ~oiP CITY OF CLEARWATER LoNG RANGE PLANNING DEVELOPMENT REvIEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOIITH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 January 23,2004 Mr. Brian Murphy Beck Development, LLC. 5100 West Kennedy Boulevard Suite 251 Tampa, FL 33609 RE: Development Order - Case FLD2003-10056 - 628 Cleveland Street (Station Square). Dear Mr. Murphy: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On January 20, 2004, the Community Development Board reviewed your Flexible Development application to permit a mixed-use development and a building within the required sight visibility triangles along Laura Street, reduction of the required number of parking spaces from 388 spaces to 226 spaces, an increase the permitted height from 30 feet to 158 feet and an increase of the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan area Public Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202. G. The proposal includes a mixed- use development with 146 attached dwellings, 5,096 square feet of retail sales and service and 9,904 square feet of restaurant within a building 158 feet in height. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-903.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The proposal is in compliance with the Vision, Goals, Objects and Policies of the Clearwater Downtown Redevelopment Plan and the Downtown Core character district. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. BRIAN J. AUNGST, MAYOR-COMMISSIONER HOrT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILI.JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" January 23, 2004 Murphy - Page Two Conditions of Approval: 1. That this application be effective upon approval of the Clearwater Downtown Redevelopment Plan by the Countywide Planning Authority; 2. That this application be effective upon development agreement approval by the Community Redevelopment Agency; 3. That the permitted uses for the first floor retail area include retail establishments that sell or lease goods directly to the consumer such as a book store, gift shop, antique store, florist, clothing store, video store; an art gallery; gourmet grocery store (which may include accessory sales of alcoholic beverages); prepared food for off-site consumption, a restaurant with accessory sales of alcoholic beverages, and a sidewalk cafe as accessory to the principal retail use; 4. That the developer shall actively market and use his best efforts to obtain tenants for the first floor retail space as one or more of the allowable retail uses as described above. Should the developer be unable to obtain an allowable retail use within one year of issuance of the temporary Certificate of Occupancy for the retail space, the City may allow, YJ>Qll-.wnJl~nr~questQfJb.~p~yeloper, one or more alternate uses to occupy the first floor retail space; 5. That the following uses be-l2.ro)J~Q.i!e~: a. All uses prohibited by the Clearwater Downtown Redevelopment Plan; b. All Q,tbe~ r~!illJ-1lSe.S.llQ! specifically .~fined hy the.. Development Agre~ment as allowable retail uses or alternate retail uses, pursuant to the Community Development Code's definition of retail sales and service; c. Nightclub/Bar; d. Alcoholic Beverage Package Store; and e. Medical or Veterinary offices; 6. That a minimum of 100 and a maximum of 146 dwellings units be located on the site and that units less than 1,000 square feet in gross floor area be limited to 36 units total (with no more than 12 less than 750 square feet); 7. That the rental of units be a minimum of six months at a time; 8. That all units be designed with a separate bedroom; 9. That the project shall contain approximately 15,000 square feet of allowable retail uses (as defined above) on the first floor; 10. That a minimum of 100 parking spaces be made available to the public per the development agreement; 11. That the final design and color of the building be consistent with the conceptual elevations submitted to (or as modified by) the CDB, and be approved by Staff; 12. That a complete permit application including site plans be submitted within six months of the purchase date; 13. That construction must commence within 240 days of closing on the property; 14. That the Certificate of Occupancy be issued within 18 months of the issuance of building permit; " \ r' January 23,2004 Murphy - Page Three 15. That the final details of the "grill work" in assocIatIOn with the parking garage be submitted to Staff for approval prior to issuance of building permit, and it be designed to screen vehicles to a height of 3.5 feet; 16. That a Transportation Impact Fee be paid, prior to the issuance of a Certificate of Occupancy; 17. That all Fire Department requirements be met, prior to the issuance of any permits; 18. That all Traffic Department requirements be met, prior to the issuance of any permits; 19. That payment in lieu of stormwater facilities be paid, prior to the issuance of any permits; 20. That a final landscape which matches and complements the landscaping proposed for the Station Square Park redevelopment the Streetscaping Plan be submitted to and approved by Staff prior to the issuance of any permits; 21. That a final landscape plan for the west side of the Post Office site be submitted to and approved by Staff prior to issuance of any permits, and including written permission by the Post Office; 22. That all signage meet the requirements of Code and be limited to attached signs on the canopies or attached directly to the building and be architecturally-integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a. All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b. All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 23. That the furniture used for the outdoor seating component of the restaurant will be of the highest quality and that no signage of any kind will be included on any portion of the furniture including but not limited to the chairs, tables, planters and/or umbrellas (and submitted as part of a separate sidewalk cafe application); and 24. That all of the above conditions are applicable and fully enforceable for the life of the building. Pursuant to the Agreement for Development and Disposition of Property (Station Square Development), an application for a building permit shall be made within six months of the purchase date. All required certificates of occupancy shall be obtained within 18 months of the date of issuance of the building permit. Time frames do not change with successive owners. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. -, January 23,2004 Murphy - Page Four Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of this Development Order. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on February 3,2003 (14 days from the date of approval by the CDB). If you have any questions, please do not hesitate to call Mark Parry, Planner at 727.562.4558. Zoning information is available through the City's website at http://www.myclearwater.comf via the "Zoning/Parcel Maps (GIS)" link and "City Codes" link both under "Services". Cynthia Tarapani, AICP Planning Director S:\Planning Departmen^C D B\FlexVnactive or Finished Applications\Cleveland 628 Beck Development (D) Approved\Cleveland 628 Development Order. doc , LL o >- >- u "''\ "- \, '......... - ~,tl.m. ... , Revised 11/17/03 DRAFT ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE Thursday, December 4, 2003 Case: .flU - 628 Cleveland Street OwnerMl'l'lient. eRA, Tone 40, Ltd.!Station Square, LLC. Representative: Brian Murphy, Beck Development, LLC. (5100 West Kennedy Boulevard, Suite 251, Tampa, FL 33609; phone: 813-387-5336; fax: 813-288-0188; cell: 813-918-2305; email: brianmurphy@beckgroup.com). Location: 0.97 acres located on the north side of Cleveland Street, approximately 500 feet west of North Myrtle A venue. Atlas Page: 286B. Zoning: D, Downtown District. Request: Flexible Development approval to permit a mixed-use development and a building within the required sight visibility triangles, a reduction of the required number of parking spaces from 388 spaces to 226 spaces, an increase of the permitted height from 30 feet to 158 feet and an increase of the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan area density pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C and a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202. G. Proposed Use: The proposal includes a mixed-use development with 146 attached dwellings, 5,096 square feet of retail sales and service and 9,904 square feet of restaurant within a building 158 feet in height. Neighborhood Associations: None. Presenter: Mark T. Parry, Planner. Attendees included: City Staff (tentative): Frank Gerlock (planning), Bryan Berry (planning), Scott Rice (engineering - traffic, general engineering and stormwater), Tom Glenn (solid waste), Duanne Anderson (fire), Arden Dittmer (landscaping), Rick Albee (land resources), Gina Clayton, Lisa Fierce, Dianne Hubbard, and Mark Parry (p lanning/presenter). Applicant/Representative (tentative): Brian Murphy, Bob Burrow, and Dennis Car The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) Exempt from Open Space/Recreation Impact Fees since located in the downtown redevelopment area. 2. Stormwater: a) Payment in lieu must be received prior to Building Permit. b) The following items must be addressed prior to Building Permit: ~ Show where water quality will be provided. ~ SWFWMD permit or letter of exemption. Development Review Committee DRAFT Action Agenda - Thursday, December 4, 2003 - Page I ~ Water ty storage must recover within 24 hours. , 3. Traffic Enl!ineeriDi!: " a) Site plan muse include dimensions for drive aisles. Show current city standard regular parking stall, handicapped parking stall, handicapped fine sign, and drive aisles. b) Will this be gated? If so show location of the console. Also there must be enough room for stacking of three cars on the property. Vehicles must not obstruct Laura Street. There will not be a gate - this comment is N/A c) Show vertical clearance for parking garage. d) Provide sidewalk along Laura Street; e) Handicap parking aisles must be free of obstructions. Columns are shown in the aisles for spaces 42 and 43 on Level #2 (Sheet#A-l.2). t) All of the above to be addressed prior to CDB. g) Traffic Impact Fees to be determined and paid prior to C.O. Traffic Engineering will explore the possibility of incremental phasing. 4. General Enl!ineerinl!: a) Clarify how will loading and off loading of deliveries be addressed? Applicant will including in the narrative - there are various options available. b) Clarify how the public parking spaces will be controlled and ~erv~fOt~ the general public? How will residents be kept out of this area? ' ;;';". ..",j 5. Planninl!: The following items to be addressed prior to CDB review: a) Confirm the number of proposed dwelling units. The applicationsuiits"f46"ilnits where the site plan data table lists 145 units; b) Provide all math confirming that this project requires 85 dwelling units from the density pool; Applicant and Staff have agreed on the math and that 85 dwelling units is what's needed from the density pool. c) Provide the gross floor area of the building. The data table has a figure of34,090 square feet. If that is the gross floor area label as such; d) Provide the square footage of the footprint; e) Adjust your date table to reflect accurate parking requirements as follows: t) 9,904 square feet of restaurant at 15 spaces per 1,000 square feet ofGFA = 149 required spaces not 157 spaces; g) 5,096 square feet of retail sales and service at four spaces per 1,000 square feet of GF A = 20 required spaces not 18 spaces; h) Total = 219 spaces (based on 146 dwelling units) + 149 spaces + 20 spaces = 388 spaces required. i) Provide the existing number of parking spaces; j) Clarify the size of the site: 0.97 acres equals 42,253 square feet not 42,365 square feet as listed on the application and site plan; k) It is not clear what the parking demand study shows - this needs to be clarified. In other words outline more fully the concept of "internal capture"; 1) Indicate all outdoor lighting fixtures on the site plan; m) Indicate the sidewalk on the north side of the site along Laura Street; n) Accurately portray the sight visibility triangles along the property line; 0) Clarify/confirm that all proposed signage (or at least the space in which they will be located) has been accurately portrayed (indicate dimensions); and p) Indicate built-in planters along the outside of the parking garage levels to further soften the exterior of the building (see landscape comment for full details). All vehicles need to be screened from view and the cables are not sufficient nor do. they meet the intent of the Downtown Plan or the Design Guidelines (currently under development). Ifplanters are not possible then decorative grill may be acceptable; q) Indicate landscaping along the east side of the building (see landscape comment for full details); r) Provide the number of seats to be included in the outdoor seating area; The applicant has suggested that the maximum number of seats would be 60. s) It appears that columns are in the handicap aisles - this is not permitted so the handicap spaces will need to be either relocated or redesigned; t) Provide the anticipated pricing of the various types of units available; Development Review Committee DRAFT Action Agenda - Thursday, December 4,2003 - Page 2 I u) Clarify that L r'roject is meeting all building codes with reg space for the parking garage (for ventilation); " v) Clarify who or what "CRA" is as listed on the application (Community Redevelopment Agency?); w) Provide building material samples or at least photos (include paint chips of all colors to be used); x) How are the restaurant and retail spaces accessed from the Cleveland Street?; and y) How many jobs will be generated by the proposal? Solid Waste: a) There will not be enough room to service compactor - shorten the traffic divider in front to give a straight shot at the compactor. 7. Land Resources: a) Show all trees on and within 25' of the property on all plans prior to CDB. 8. Fire: a) to required percentage of open 6. 10. Ensure that the codes used for this project reflect adherence with the following before BCP permitting: . - 2001 Florida Building Code - 2001 Florida Building Code - Mechanical - 2001 Florida Building Code - Plumbing - 2001 Florida Building Code - Fuel Gas Code - 2001 Florida Fire Prevention Code - National Electric Code 1999 (NFPA 70) -City of Clearwater Community Development Code, amended 2000, ordinance # 6526-00. b) Ensure adherence with Chapter 11.8 (high-rise buildings) ofNFPA 101 Life Safety Code 2000 Edition; c) Ensure that that the fire alarm system is installed in accordance with NFP A 72 1999 edition, and equipped with pre-recorded voice evacuation; d) Ensure hood is installed, in accordance with NFP A 96, by a licensed mechanical contractor under separate permit with shop drawings; e) Hood suppression system to be installed as per NFPA-17a, by a licensed hood suppression contractor with a separate permit and shop drawings; f) Hood suppression system shall be interfaced with building fire alarm system so that when suppression system activates the building's fire alarm system also activates; g) Fire department connection needs to be located at minimum of 15 feet away from the building within 40 feet of the fire hydrant; h) Fire department connections shall be identified by a sign that states "no parking, fire department connection" and shall be designed in accordance with Florida Department of Transportation standards for information signage; i) Fire protection appliances (fire department connection (fdc) shall maintain a clearance of7 and 1/2 , feet in front and to the sides of appliance; j) Clearances of 71/2' ft in front of and to the sides of the fire hydrant, with a 4' ft clearance to the rear of the hydrant are required; k) Temporary fdc connected to dry standpipe must be installed prior to building reaching 50 ft in height (for buildings under construction); and 1) Fire sprinkler system is to be installed in accordance with NFPA 13 1999 edition. Fire sprinkler system to be installed by licensed fire sprinkler contractor under separate permit with shop drawings. Fire sprinkler documents that contain 50 or more sprinkler heads shall be signed and sealed by a professional engineer as per 471.025 Florida statutes. Environmental: a) No Comments Community Response: a) No comments as of November 17,2003. Landscapin2: a) Irrigation must meet the City Code per Section 3-1203.C., adjust plans to show 100% coverage, rain sensor, automatic timer, etc.; b) Area to the east of the building may have plantings installed since there is approximately the same area as the one indicated on the west side of the building; and c) Recommend putting planters instead of cables at parking levels with a cascading plant material (i.e. Protasparagus densiflorus {asparagus springeri fern}, Mandevilla x amoena 'Alice du Pont', or hood 9. 11. Development Review Committee DRAFT Action Agenda - Thursday, December 4, 2003 - Page 3 Hedera hel amething that will add color and texture to t.rrking areas will enhance the curb \ appeal of the c . ilding. NOTES: 1. In order to be placed on the January 20, 2004 CDB agenda (provided that a second DRC meeting is not required, see note #2 below), 15 sets of the revised submittal package must be submitted to Staff on or before noon on December 11, 2003. Packets shall be collated, folded and stapled as appropriate. Submissions not appropriately organized shall be deemed to be insufficient and returned to the applicant. 2. These comments are being sent to the applicant's representative, Brian Murphy on Monday, November 17, 2003 (13 days in advance of the DRC meeting) at approximately 10:00 a.m. for the applicant's convenience. Additional comments may be generated at the DRC meeting on Thursday, December 4, 2003. In addition, should significant changes to the proposal be required to be made by the applicant the application may be subsequently be required to be reviewed at a second DRC meeting prior to being reviewed by the CDB. DRAFT DEVELOPMENT ORDER CONDITIONS: 1. That all signage meet the requirements of Code and be architecturally-integrated with the design of the building with regards to color, materials and finish; 2. That no freestanding signs of any kind be permitted on the site; 3. That a final sign package be submitted to and approved by Staff prior to the issuance of any permits which shows: a) All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b) That all signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 4. That signage be limited to signs on the canopies OR attached directly to the building; 5. That all vehicles be completely screened from view from all sides of the subject site; 6. That the furniture used for the outdoor seating component of the restaurant will be of the highest quality and that no signage of any kind will be included on any portion of the furniture including but not limited to the chairs, tables, planters and/or umbrellas; 7. That a Transportation Impact Fee be paid prior to the issuance of a Certificate of Occupancy; 8. That all Fire Department requirements be met prior to the issuance of any permits; 9. That payment in lieu of stormwater facilities by paid prior to the issuance of any permits; 10. That a fmallandscape which matches and complements the landscaping proposed for the Station Square Park redevelopment the Streetscaping Plan be submitted to and approved by Staff prior to the issuance of any permits; 11. That retail uses be limited to: a) Retail establishments that sell or lease goods directly to the consumer (i.e. book store, gift shops, antique store, florist, clothing store, video store, etc.); b) Art Galleries; c) Gourmet grocery stores with accessory sales of alcoholic beverages. The gourmet grocery store may also include prepared food for off-site consumption; d) Restaurants with accessory sales of alcoholic beverages; and e) Sidewalk cafes as accessory to the principal retail uses. 12. That the following uses be prohibited: a) All uses prohibited by the Clearwater Downtown Redevelopment Plan; b) All other retail uses not specifically identified above, pursuant to the Community Development Code's definition of retail sales and service; c) NightclublBar; d) Alcoholic Beverage Package Store; e) Medical or Veterinary offices; and t) Any other use determined by the Community Development Coordinator not to share the characteristics of "allowable retail uses". 13. That the developer shall actively market and use his/her best efforts to obtain tenants for the first floor retail space as one or more of the allowable retail uses described above; 14. That should the developer be unable to obtain an allowable retail use as described above within one year of issuance of the temporary Certificate of Occupancy for the retail space, the City may allow, upon written request of the developer, one of more of the following alternate uses to occupy the first floor retail space of the building: Development Review Committee DRAFT Action Agenda - Thursday, December 4, 2003 - Page 4 I a) Tailor/seamstress; b) Dry cleaners; .. c) Financial Institution; d) Business office other than medical or veterinary office; and e) Personal services. 15. That whenever an alternate use tenant vacates the retail space, the developer or designee shall use his/her best efforts to re-establish the retail space with an allowable use as defined in condition number 10 above; and 16. That construction be commenced within one year of closing. S:IPlanning DepartmentlC D BlFlex\Pending cases I Up for the next CDBICleveland 628 Beck Development (D)\DRC Action Agenda 12-04-03.doc Development Review Committee DRAFT Action Agenda - Thursday, December 4, 2003 - Page 5 I 0 0 J ~ E-- l- F-- J C)u <;.....> ~L.Ll ~ ---:l I- fj ~- ~ C/J ~x ~ ~u I ;;;z: ::::c::'" J C ~< m J c J - - - I J ~-ml I~ . I . f I J J I I I ~ ~ I , . IJJ fj~ . DAYHOFF LLC June 13,2003 OFFICE BUILDING PROPOSAL PROJECT TEAM TELEPHONE NUMBER Uday Lele - President/C.E.O. Dayhoff, LLC Ed Carlson - Controller - Dayhoff, LLC Bob Risch - Special Projects Manager - Dayhoff, LLC Anjani Abhyankar - Realtor - Century 21 - Sunshine Realty John Marshall Scott - Architect Thomas Warren - Associate - John Marshall Scott Architect (727) 443-5544 (727) 443-5544 (727) 443-5544 (727) 480-3775 (727) 735-0100 (727) 735-0100 PROJECT SCOPE Dayhoff is involved in this project to increase exposure to our company, provide corporate headquarter office space for our present and future needs and to provide restaurant/retail spaces and affordable condominium housing to downtown Clearwater. This proposal is for the construction and development of a single tower building comprised of office space, retail units, condominiums and 4 separate covered levels of parking garage with a recreation center on top oflevel4 with additional parking spaces. . Project will include the construction of the parking garage levels, retail units, 66 condominium units and office floors. Approximately one hundred parking spaces will be sold back to the City of Clearwater. Construction will start upon finalizing the bid process. The office space consists of 13,793 sq ft that Dayhoffplans to use upon completion and additional 6,782 sq ft that Dayhoff will lease out for the first three years. . Our pre-construction price goal for each condominium unit will be $199,999 as we envision that this is the preferred target market. PROJECT DESIGN PLANS As envisioned, the project will be a mixed land use containing the corporate offices of DayhoffLLC, a structured parking garage, ground floor retail (shop/restaurant) and urban condominium units. Using the historic Post Office at Cleveland St. and Garden Ave. as inspiration, we wanted to incorporate the Mediterranean Style into the project. We are using an arched walkway in front of the retail and restaurant spaces to create a more pedestrian friendly environment. In this arched walkway, we envision benches, ceiling fans, and potted plants. Awnings would also project out toward Cleveland St. to add more cover for pedestrians. The archway would wrap around the western side of the building to create a pleasing appearance to the park land immediately west. In this area, we will provide for outdoor seating for the restaurant. Along Cleveland St., we are providing for a curb cut and one-way driveway to enter the parking garage. This would be a right turn only turn to minimize traffic congestion and provide an entrance without having to drive around to the Laura Street entrances. Behind the restaurant, we will allow for an entrance to the parking garage that will also have a pedestrian friendly appearance. In addition, we have the ability to provide another exit from the parking garage to the east, which would discharge into the alleyway behind the existing retail building. This would provide an opportunity to create a gaslight alley to connect to Cleveland St. The second and third floor would have windows on the south wall and a sloped tile roof. This would allow the whole street fac;ade to have a pleasing appearance and add to the Mediterranean Style. From there, the building would step back over 30' to reduce the building scale appearance from the pedestrian's point of view and provide for a terrace for the office level. The rest of the towers would keep the same Mediterranean style, using balusters on the balconies, planters, and arches. The building color would be as depicted in the rendering with a beige color for the walls and roof tile ofa red/orange or a green tile as used on the post office. CONSTRUCTION SCHEDULE ~/IiJJG June 2ih 2003 - July 14th 2003 - Committee recommendation of candidate Begin construction drawings Approximately 2 months Permitting process Approximately 2 months Begin Construction Approximately 15 months Occupancy of building Aug/Sept 1 st 2003 - Oct 1 st 2003 - Dec 1 st 2004 - FINANCING -- Financing arrangements were discussed with two major banks one of them being SunTrust, our preferred bank. SunTrust was concerned and not happy with the project for three reasons: . Homeless people in downtown Clearwater make living in downtown Clearwater unattractive. . There has been no project in downtown Clearwater for condominiums in the last decade. . There is no strong demand from companies for office space in downtown Clearwater. The solution to this would be as follows: 6/13/2003 Page 2 of6 . Dayhoff will contract to buy 21,000 square feet of office premises for a fixed price with a 20 - 25% down with the developing company. This guarantees salability of 21,000 square feet of offices. . City of Clearwater agrees to buy approximately 100 parking spaces for approximately $1,175,000 or approximate market value putting $720,000 into escrow towards the purchase price on submission of final plans to the City of Clearwater. . Uday Lele, President/CEO and managing partner ofDayhoffLLC with a cash infusion of$l,OOO,OOO, would finance the holding company for this project. Uday Lele and his associates will control the holding company. . The $1,000,000 will be used to first purchase the land from the City of Clearwater for $720,000. This money will then be paid back by the City of Clearwater to be used 100% for construction purposes only. This would be a requirement as it would provide the working capital for completing the parking garages commitment to the city. Also, the escrow money and agreement received by Dayhoff would be used for construction purposes. . The condos would be pre-sold with a 25% deposit in which case the bank would be willing to finance the condominium part of the project. . The bank is prepared to finance the construction of the office, parking spaces, retail spaces, etc. but are very hesitant to finance the condo project unless the condos are '" pre-sold. - SALE PRICE We accept the appraised value of $720,000 for the parcel. Parking space: based on negotiations between City of Clearwater and Dayhoff LLC, and equitable per space dollar value shall be defined for the public parking spaces. These funds for upwards of approximately 100 public spaces shall be paid to Dayhoff LLC at time of construction start on the garage. CONSTRUCTION EXPERIENCE ..,. Dayhoff will hire a highly qualified management construction firm to build the project. ~ lJayhott 1S s1mply the end-user and investor in the project. / PROJECT REQUIREMENTS Due to the expense and risks associated with doing a mixed land use within the urban core of downtown Clearwater, and the anticipated requirements of relocating our corporate headquarters to this location, the following design requirements are critical to the project: . The project will consist of structured parking and a tower of retail, office and condominiums. 6/13/2003 Page 3 of6 dJfll7t . . Th~roject will retain the existing curb cut currently located on Cleveland Street and we reserve the right to relocate the cut to fit the final design ofthe project. This curb cut is paramount to the success of the project, as it will provide a Cleveland Street identity to our corporate offices and to the residents of our condominiums. Architecturally, the final curb cut will be sensitive to the needs of the pedestrians. . The project as submitted with this RFP response, anticipates setting back the primary structure from Cleveland Street. . s submittal is based on the concept that such a setback will be i no more than 35 feet as own on the accompanying drawings. The density of the downtown core segment at the time of this submittal is 5 FAR with a residential density of 70 units per acre. We understand that the city is currently underway with a revised Downtown Redevelopment Plan that stipulates aFAR of 4 (with an option for bonus increase), and a residential density of 70 units per acre. We reserve the right to increase the number of units to 75 d endin on the market and 7 J1 //_f cost of developmen or SWl c ou con ominium units to office s ace based on .. ~ ~ de ~./tJ --- Based on our preliminary design we our planning on constructing 66 condominiu.r/7 ~ units. However, this number is put forth without the benefit of a firm construction h1. cost calculation or market study. Therefore, due to the risks associated with breaking ~X new ground in a downtown mixed-land use development, and the associated costs of ~r developing a structured parking facility and our own desire to bring in the InJ- condominiums at an affordable range, we require the city's concurrence that we can < revise our current estimated number of condominium units (66) in the event the construction costs of the project dictates the addition of more condominium units to absorb the development costs. We will, however, define the ultimate number of units prior to entering into a Development Agreement with the city. . The parking garage as envisioned will accommodate the land uses envisioned, along with upwards of approximately 100 public spaces which will be allocated for public use by having the city purchase such spaces from the project. We understand that the city might wish to meter these spaces in the future, and to retain any future income. 6/13/2003 The city will agree to the following parking space mathematics: Condominium units: Office 1.6 average spaces per unit 2 spaces per 1,000 GLA (Note: we are a single unit tenant corporate office user) No requirement 80-100 (negotiable) Retail: Public: Page 4 of6 Architecturally, the parking garage will contain approximately four levels with additional covered rooftop spaces. The parking garage will consist of a separate structure on the north side of the lot attached to the main building for vehicular and pedestrian traffic. The separation of spaces for each use is as described on "Building Calculations" . ? . Subject to final design, we reserve the right to add additional level of parkiug if deemed necessary to accommodate the city and our own requirements. .... At the request of the city, the project entrance (curb cut) from Cleve1and~!r~et will be. - deslgn~i!, as..-a-pedestrian friendly archway entry, and the walKWay bet~een the garage 1iffiI1Ile adjoining Station Square Park will be wide and open to encourage pedestrian use. DEVELOPMENT INCENTIVES Again, due to the inherent risks associated with developing this project in the downtown core, we would request that the city agree to the following range of development incentives: Impact & Review F~es: We are not totally educated on the range of existing impact fees and review fees, however, we would expect to have waived similar impact fees previously assigned to the Mediterranean Village Town home project which include sewer impact fees, transportation impact fees, water impact fees, development impact fees, certificate of occupancy fees, storm water but-in fee, building permit fees, plan review fees and any other fees currently being waived. We understand that there is also a system for receiving prior credits for land uses that might have previously occupied this parcel. Real Estate Tax Increment: We would appreciate the opportunity to negotiate with the city for Project recapture of all incremental real estate tax increase for . od of 10 years. This increment would be for the Cl po IOn 0 e rea estate taxes, however, the city would sit down with the county to encourage them to contribute their portion also. Expedited Development Review: Our corporate need for expanded office space has reached a critical stage, and we need to be assured that the city will provide all assistance to move this project through the city review departments rapidly. ~tf1tJt? ~ ~ ,~~ ,/ DEVELOPMENT AGREEMENT/TIME OF THE ESSENCE We understand that we will be entering into a Development Agreement with the city to clarify all issues pertaining to this project. 6/1312003 Page 5 of6 Our project requirements dictate that we are under construction as rapidly as possible, therefore we respectfully request that a high priority be placed on structuring a development agreement, and obtaining city commission approval. DOVVNTOVVNSTREETSCAPE This project proposal is closely aligned with the city's efforts at revitalizing the downtown core. Therefore, we would like assurances from the city that if we proceed with our project, the city will concurrently proceed with the construction of the Cleveland Street and Station Square streetscape project as enVISIOned in pubhshed documents. Without this assurance, our project runs the risk of being completed in 2004/2005 and the city then commencing work on the adjoining streets cape project that would severally disrupt our condominium sales and peace of mind as occupants of the offices and retail. For our part, we will instruct our architects to incorporate the Streetscape paving and landscape envisioned into our ground floor <iesign. ? 111 ~ ,7 ~ VALUE-ADDED We understand the city's requirements for a value-added project and respond as follows: . This project will be the first major private construction in the downtown core in many years and the very first urban housing project. . This project will incorporate new retail and office space and affordable residential units in the urban core, along with new employees and their disposable incomes. . This project will greatly assist the city's efforts at addressing the homeless presence at the Station Square Park. . This project will ultimately add to the city's tax base. . This project will encourage other new investments in the downtown core. . This project will retain the city's requirement for public parking spaces. 6/13/2003 Page 6 of6 BUILDING CALCULATIONS LEVEL 1 ................ 57 PUBLIC (57) LEVEL 2................60 PUBLIC (43) / OFFICE (17) LEVEL 3 ................ 59 OFFICE (23) / CONDOMINIUM (36) LEVEL 4................ 54 CONDOMINIUM (54) LEVEL 5 (roof)....... 18 CONDOMINIUM (18) TOTAL = 248 SPACES PUBLIC = 100 OFFICE = 40 CONDO. =108 PARKING = (2 PER 1,000 sq.ft.) (1.6 PER UNIT) RESTAURANT = 3,584 sq.ft. INTERIOR SPACE 1,719 sq.ft. OUTSIDE SEATING TOTAL~~ RETAIL = 1) 1,128 sq.ft. 2 OFFICE = LEVEL 3 ....13,793 sq.ft. INTERIOR LEVEL 4.... 6,782 sq.ft. INTERIOR E CONDOMINIUMS = 6 UNITS PER FLOOR AT 1,200 sq.ft. :t EACH 11 FLOORS TOTAL MAIN BUILDING OVERALL SLAB = LEVELS 6 - 15 = LEVEL 5 = LEVEL3&4 = LEVEL 2 = LEVEL 1 = 8,507 sq.ft. (each) 8,507 sq.ft. 13,960 sq.ft. (each) 13,960 sq.ft. TOTAL = 135,457 sq.ft. PARKING GARAGE 20,253 sq.ft. 20,253 sq.ft. (each) 20,253 sq.ft. 20,253 sq. ft. 101,265 sq.ft. 3802 EHRLICH ROAD UNIT - 306 * TAMPA. FL. 33624 * TELEPHONE (813) 968-6222 * FAX (813) 968-6234 ] o o J ] LAURA STREET , + t , ~ .- b ] RAMP -. , , - , - 57 SPACES Cj r r- I I roo- I - STATION L ~ TRASH D t SQUARE PARK LOBBY I L - I ~%8 RESTAURANT 0 <, 3,584 sq ft '< >< EXISTING RETAIL RETAIL RETAIL EXISTING ~ ~< l,128sqft 2,010 sq ft POST OFFICE I ~~. PATIO SEATING ^ < l,719sqft I ^ ......r:::: ------ --- I~ X t X --,..... .....,... .-"- X.~;><~~~~~ .~.~- .' - I l::: x X ,~ .<x.. . ,.' .' I' , . -,-.----.....-.. -..~........-" -:.--'..:- --.~ XXXXX ..~ Ii :~i IX'\;."i; ,I "Xx ' ' ., y' x' vYXX XX 'x: ("";.M(\/~ - . ~ 'X X ~. <> ,,); X " ,7V,' ~> \I~ X"ill'li ;ox. " . /v .J<v t ~ ~ ~ YX (Y. ~ , . ~ A ?\/. X' ~ CLEVELAND STREET ----- ] ] J ] J l . J J ] J ] J ] N /f' SITE PLAN ..., .. SCALE: 1 "=40'_0" , .J , III N /f' bIDlJ ..... RAMP .... 60 SPACES OPEN TO RETAIL / RESTAURANT BELOW CLEVELAND STREET ...... RAMP .. bmIl EXISTING RETAIL PROPERTY LINE LEVEL 2 - OPEN / PARKING EXISTING POST OFFICE SCALE: 1"=30'-0" N ~ Q I J)J OFFICE 13,793 sq It ..... RAMP .. 59 SPACES CLEVELAND STREET ..... RAMP .. bID)] EXISTING RETAIL PROPERTY LINE LEVEL 3 - OFFICE / PARKING EXISTING POST OFFICE SCALE: 1"=30'-0" bIIID ~ <.) <l: . co :! I- - UJ 'Pen ocr: "'UJ ~ N /f' OFFICE 6,782 sq It TERRACE 3,244 sq It ..... RAMP ... ...... RAMP ... PROPERTY LINE LEVEL 4 - OFFICE / PARKING 54 SPACES CLEVELAND STREET eIDlJ eIDlJ SCALE: 1"=30'-0" N /f' td I 1 )J ...... RAMP ~ ROOF PARKING UNDER TILE CARPORT (18 SPACES) 6 CONDOMINIUM UNITS 1200 sq.lt. :!: EACH TOTAL FLOOR PLATE 8,507 sq It RECREATION AREA ~~WREET PROPERTY LINE \ LEVEL 5 -CONDO / CARPORT TRUSS PLAN SCALE: 1"=30'-0" N ~ TILE CARPORTS 6 CONDOMINIUM UNITS 1200 sq.lt. :l: EACH TOTAL FLOOR PLATE 8,507 sq It CLEVELAND STREET PROPERTY LINE LEVEL 6 - CONDOMINIUMS SCALE: 1"=30'-0" N /f' 6 CONDOMINIUM UNITS 1200 sq.lt. :to EACH TOTAL FLOOR PLATE 8,507 sq It CLEVELAND STREET PROPERTY LINE LEVEL 7 -CONDOMINIUMS SCALE: 1"=30'-0" N /f' 6 CONDOMINIUM UNITS 1200 sq.ft. :!: EACH TOTAL FLOOR PLATE 8.507 sq ft CLEVELAND STREET PROPERTY LINE LEVEL 8 - CONDOMINIUMS SCALE: 1"=30'-0" N /f' 6 CONDOMINIUM UNITS 1200 sq.lt. :l: EACH TOTAL FLOOR PLATE 8,507 sq It CLEVELAND STREET PROPERTY LINE LEVEL 9 - CONDOMINIUMS SCALE: 1 "=30'-0" N /f' 6 CONDOMINIUM UNITS 1200 sq.lt. :l: EACH TOTAL FLOOR PLATE 8,507 sq It CLEVELAND STREET PROPERTY LINE LEVEL 10 - CONDOMINIUMS SCALE: 1"=30'-0" N /f' 6 CONDOMINIUM UNITS 1200 sq.ft. :!: EACH TOTAL FLOOR PLATE 8,507 sq ft PROPERTY LINE CLEVELAND STREET LEVEL 11 - CONDOMINIUMS SCALE: 1"=30'.0" N '1' 6 CONDOMINIUM UNITS 1200 sq. ft. :t EACH TOTAL FLOOR PLATE 8,507 sq ft LEVEL 12 - CONDOMINIUMS CLEVELAND STREET PROPERTY LINE SCALE: 1"=30'-0" N ~ 6 CONDOMINIUM UNITS 1200 sq.ft. :l: EACH TOTAL FLOOR PLATE 8,507 sq It PROPERTY LINE CLEVELAND STREET LEVEL 13 - CONDOMINIUMS SCALE: 1 "=30'-0" N -1' 6 CONDOMINIUM UNITS 1200 sq.lt. :!: EACH TOTAL FLOOR PLATE 8,507 sq It PROPERTY LINE CLEVELAND STREET LEVEL 14 - CONDOMINIUMS SCALE: 1"=30'-0" N '1' 6 CONDOMINIUM UNITS 1200 sq.lt. :!: EACH TOTAL FLOOR PLATE 8,507 sq It PROPERTY LINE CLEVELAND STREET LEVEL 15 - CONDOMINIUMS SCALE: 1"=30'-0" o 0 C!J z '>2 a: <( w w w W ll. <( I- W C!J C!J C!J C!J a: <( <( <( <( a: <( a: a: a: a: 0 <( <( <( <( ll. 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ID ~ /-h~~~~t9/~~~- ~tJ)AZ.~ fl7j&? t7f4~1rr- )p~ /5-0 ....""" COMMUNITY REDEVELOPMENT AGENCY Agenda Cover Memorandum ~~~ SUBJECT/RECOMMENDATION: Final Agenda Item # Meeting Date: eRA, 3 . July 14, 2003 F"--"'! ~ . .:.'7.. :2!! Approve Selection Committee ranking of respondents to the Request for Proposals or 11..1 Quc::Mications (RFP/Q) for the redevelopment of the Station Square Parking Lot Site and authorize the negotiation of a development agreement with the top ranked proposal, ana that the approprUite officials be authonzed to execute same. SUMMARY: On May 12, 2003, the CRA authorized the issuance of an RFP/Q to select a qualified developer/development team to redevelop the Station Square Parking Lot site as a mixed-use infill development. The CRA is making the site available for redevelopment as a catalyst for new urban housing and professional office use in the Downtown core. The site is 35,968+/- square f~et, :..L..~' currently used as a public parking surface lot, and is owned by the CRA. , ~~ac.~ (0(1~7Gr,j, ~ U /JL./f t!; i4! · Two developers: 1) The Beck Group and 2) Dayhoff, LLC, responded to the' I FP/u and submitted proposals on 6/13/03. · The Selection Committee met on 6/18/03 to review the proposals. In order to gather more detailed background information on the firms' development experience and financial history, the Selection Committee decided to interview both firms and subsequently rank the proposals. · The selection of the development candidate will be based on four criteria, each having equal weight: 1) Development qualifications; 2) Financial capability of the development team; 3) Economic benefit to the City of Clearwater; and 4) Merits of the conceptual development plan. The major components of the preferred proposal will contain the following: · Provision for public and private parking spaces; · New retail storefronts and a restaurant fronting on Cleveland Street; . Provision of urban housing; · Potential for including office space; · Willingness to work with the City regarding urban design issues; · Incorporation of proposed Streetscape design; · Realistic development and construction schedule; and · Negotiation of development incentives with the City/CRA. Reviewed by: Legal lM- Budget NA Purchasing NA Risk Mgmt NA Originating Dept: IP.,) Economic Developm t and Housin User Dept. /1 W 1) Economic Developme't;t Attachments 1) Map Other Appropriation Code: Info Tech NA Public work~l>fi DCM/ACM /2Ji:?J Other NA ~ ~~._J ..... I1!I1ti62A- @I ~ . .... ~aoa~ -&5nned16l1 J? fo ~~-(kddY; -1U~ltr Costs -0- Total Funding Source: Capital Improvement Operating Submitted by: "'"D.'a 11 Cit Mana er Q(AI ~ o None Current Fiscal Year Rev. The selected proposal will be revi{ j by the Community Development B( ~ as a Comprehensive Infill applicati6n for site and architectural design a.., well as review of the additional dwelling units allocated through the Public Amenities Incentive Pool. ~ !I'~ :""'j :i! fiqLW; ~,..~ n 2 SELECTION COMMITTEE MEETING JUNE 23, 2003 STATION SQUARE PARKING LOT INFILL REQUEST FOR PROPOSALS Respondents Dayhoff, LLC Beck Corporation Selection Committee Ralph Stone (1) Mashid Arasteh (2) Pam Akin (3) Geri Campos (4) Cyndi Tarapani (5) Garry Brumback (6) Reg Owens (7) Ranking Criteria Economic Benefit to ClearwaterN alue Added 25% Development Qualifications/Experience 25% Financial Capability 25% Development Proposal/Design 25% Ranking 1 Committee Members 2 3 4 5 6 7 Total Dayhoff, LLC 85% 85% 75% 70% 60% 65% 80% 5201700 Beck Corporation 90% 90% 85% 85% 70% 80% 90% 5901700 COMMUNITY REDEVELOPMENT AGENCY Agenda Cover Memorandum Final Agenda Item # Meeting Date: 3 May 12, 2003 SUBJECT/RECOMMENDATION: Authorize issuance of a Request for Proposals and Qualifications (RFP/Q) for the redevelopment of the Station Square Parking Lot Site on Cleveland Street as an office/retail/residential infi" developmentJ f2J and that the appropriate officials be authorized to execute same. SUMMARY: The purpose of the RFP/Q is to select a qualified developer/development team to redevelop the Station Square Parking Lot site as a mixed-use infill development. The CRA is making the site available for redevelopment as a catalyst for new urban housing and professional office use in the Downtown core. The site is 35,968+/- square feet, currently used as a public parking surface lot, and is owned by the CRA. The major components of the RFP/Q are as follows: · The mixed-use development should have four key land use components: 1) on-site parking structure including public parking; 2) 50,000 square feet of office space; 3) 5,000 square feet of ground floor retail; and 4) condominiums. · The Developer will purchase the Site from the CRA. The appraised value is approximately $720,000 ($20 square foot). · As a catalyst for redevelopment, the CRA will consider purchasing parking spaces in the development for public use. · The proposal deadline is June 13,2003 with a selection made by June 27, 2003. · The selection of the development candidate will be based on four criteria, each having equal weight: 1) Development qualifications; 2) Financial capability of the development team; 3) Economic benefit to the City of Clearwater; and 4) Merits of the conceptual development plan. · The conceptual development program being proposed for the site will need to address height, scale, square footage of specific land uses, proposed architectural style and material types, site and building orientation and pedestrian scale at Cleveland Street, building setback design concept from Cleveland Street, and project relationship to adjoining Station Square Park. · The selected developer will enter into a Development Agreement with the CRA outlining the purchase and disposition of the Site, the design parameters agreed to by the CRA and the City, any incentives, and the terms and conditions related to public parking. Reviewed bY.:l1IJ Legal ~ Budget NA Purchasing 7iffi. Risk Mgmt NA Info Tech NA Originating Dept: Economic Development and Housin User Dept. Economic Development Attachments 1) RFP/Q Costs -0- Total Public Works DCM/ACM Other NA I1dO NA Funding Source: Capita/Improvement Current Fiscal Year Operating Other Submitted by: "'j)~ jA J J _ Cit Mana er ou.r ~ ~ Printed on recycled paper 2/98 Appropriation Code: o None Rev. REQUEST FOR PROPOSAL CHECKLIST YES NO Statement of General Purpose V a) Release date b) Pre-proposal conference date and time V- c) Proposal due date and time of opening V d) Selection of top candidates ,,/ e) Vendor demonstrations N, A n Site visit dates rJ. A 2) Staff recommendation date V- h) City Commission action -- Ce... A-- !,lrntlY1 V- i) Contract initiationlstart date i.J JA- j) Proiect completion tJIA Scope of Pro.iect V Vendor Qualification v Information to be Snbmitted -if Instruction for PreparationlNnmber of Copies Required 7 When and How to Direct Inquiries if How Addenda Will be Commnnicated ,/ General Contract Terms PiA Special Contract Terms rJl/Jr Evaluation Criteria ""7 Evaluation Team (Names and/or Departments) I113D Bondin!! and/or Insurance Requirements J7 When Proposals Must be returned V Standard Conditions (see attached) V a. Appropriations Clause V b. Protest Procedures r/ c. No Corrections Clause V"'" d. Openness of Procurement -;7 e. No Collusion Clause V f. InformalitvlReiection Clause ,/ l!:. Professional Services Included in Florida Statutes ,vI It Evaluation Committee Meetinl!: Dateffime/Place Notice to City Clerk -ThD Attachments REQUIRED APPROVAL Department Dlrect:JP~1J!JV t\::7S\ ,~~.. I Risk Manager: N } A I Purchasing Manager: City Manager: , ~M~ ,;,fA-' {' - (- City of Clearwater, Florida REQUEST FOR DEVELOPMENT PROPOSALS AND QUALIFICATIONS FOR A Community Redevelopment Agency (CRA) Infill Parcel Adjacent To Station Square Park On Cleveland Street in Downtown Clearwater 1 REQUEST FOR PROPOSALS AND QUALIFICATIONS STATION SQUARE PARKING LOT INFlLL CLEARWATER, FLORIDA INTRODUCTION Project Location, Ownership and Purpose The Community Redevelopment Agency (CRA) ofthe City of Clearwater, Florida invites. qualified applicants to submit proposals for a mixed-use infill development on the 35,968+/- square foot Station Square Parking Lot (Site) lying on the north side of Cleveland Street, and just west of Myrtle Avenue, within the downtown core of the city. The CRA seeks to review only those proposals that address the development, disposition and sale of the entire Site, and neither the CRA nor the City intends to undertake any infrastructure demolition or site work before disposition other than removing city owned parking meters. The Site is currently owned by the CRA and is being made available for redevelopment as a catalyst for new urban housing and professional office use. Downtown Redevelopment Opportunities Additional information regarding this infill parcel, and the current redevelopment climate within the downtown core and on our beaches, may be obtained by a review of the "Development Opportunities - Building Our Future Together" economic development brochure which accompanies this RFP request. Background Information Downtown Clearwater offers an environment free of significant crime, deteriorated buildings or crumbling infrastructure, with a current strong consumer demand for market- rate urban housing units due to its strategic location to regional employment nodes and access to Clearwater beaches and boating venues. These new housing units should act as a catalyst for future support, retail and entertainment venues. As part of the City Commission's long-range vision for the redevelopment and stabilization of the downtown core, major steps have been initiated to encourage redevelopment. These include the 2002 expansion of the city's CRA district; the preparation of an update to the Downtown Plan including a major streetscape and wayfinding sign program for Cleveland Street, Fort Harrison and Osceola Avenues; the recent design for a future major waterfront park and marina west of Osceola Avenue; the construction of a new main library on Osceola; an analysis for alternative locations for 2 future downtown parking structures; and the completion of a $12 million dollar downtown lake and recreational park. All of these documents and graphics will be available for review at the Economic Development and Housing Department, City of Clearwater, 112 S. Osceola Ave., Clearwater, FL. Project Parameters The CRA is soliciting proposals :from developers and investors interested in undertaking a major mixed-use development project that would entail four key land use components: · A parking structure that would provide all required parking for the intended land uses, as well as public parking spaces. · A minimum of 50,000 square feet of office space (a corporate headquarters use is preferred). · A minimum of 5,000 square feet of ground floor retail use, including space for a sit down restaurant. · Multiple floors of residential condominiums. The Site could be designed and developed under the following broad guidelines: A residential density of70 dwelling units per acre, a base FAR of 4.0, with the potential for increasing the FAR for participating in the adj acent streetscape and wayfinding program, by providing an on-site outside dining area adjacent to Station Square Park, and by providing a negotiated number of public parking spaces. The height of the building is not being prescribed, however, in the interest of maintaining a "pedestrian" scale, the building fa~ade facing Cleveland Street cannot exceed 3 stories or 40 feet, and must then "step" back in a manner acceptable to the Community Redevelopment Agency, the City, and the Community Development Board (note: please contact the Planning Department for clarification on how FAR and residential density are calculated for mixed-use projects). Site Purchase Price The CRA commissioned two recent appraisals and has established a purchase value for the Site at $20.00 per square foot or $720,000.00. eRA Participation in the Proposed Parking Structure In an effort to provide a catalyst for the successful redevelopment of this downtown infiIl Site, the CRA will consider re-purchase of public parking spaces :from the Successful Proposer. 3 A Development Agreement between the parties shall govern the terms and conditions associated with this project. PROPOSAL AND SELECTION PROCESS Overview Proposals submitted will provide Proposers the opportunity to demonstrate their ability to undertake the planning, design, financing, construction, and implementation of the project envisioned. Schedule Release RFP/Q Pre-proposal Conference Proposal Submittal Deadline Selection Committee Recommendation CRA Authorization to Negotiate May 14, 2003 May 21,2003 June 13, 2003 June 27, 2003 July 14, 2003 Proposal Submittal Proposals must be submitted on or before June 13, 2003 by 4:00 p.m. Eastern Standard Time. Late Proposals will not be accepted. Proposals shall be submitted in a sealed envelope or box and clearly marked as follows: Request For Proposal- eRA Station Square Number of Copies One (1) fully signed original transmittal letter and 10 copies ofthe proposal shall be submitted to the CRA. The signer of the transmittal letter must be the person with authority to act on behalf of the Proposer. Proposal Delivery Location Proposals shall be mailed or hand delivered to the office of: Mr. George McKibben Purchasing Manager City of Clearwater Municipal Services Building 100 S. Myrtle Avenue P.O. Box 4738 Clearwater, Florida 33756-5520 4 Pre-Proposal Conference The City will hold a pre-proposal conference on Wednesday, May 21, 2003 at 11 :00 a.m. at City Hall, 3rd Floor Large Conference Room, 112 S. Osceola Avenue, Clearwater, Florida. Answer and Question Period AIl questions regarding this RFP must be submitted in writing and directed to the Purchasing Manager no later than 5 days prior to the submittal deadline. Answers to questions will be provided to all those that have received the Request for Proposal/Qualifications. Questions may be I) sent via email to Mr. George McKibben at ~1l1ckibbe@c1earwater-fl.com; 2) faxed to (727) 562-4635; or 3) mailed or hand- delivered to: Mr. George McKibben Purchasing Manager City of Clearwater Municipal Services Building 100 S. Myrtle Avenue P.O. Box 4738 Clearwater, Florida 33756-5520 Communication of Addenda In the case that there are Addenda to this RFP, the addenda will be forwarded in writing to those who have received a copy of this RFP my mail. For those who downloaded the information from our website (www.c1earwater-fl.com). please contact the Purchasing Manager for information (see above). Qualifications As part of the proposal submittal, each Proposer must provide: · A narrative describing the Proposer's plan of development for this infiIl project. · A "conceptual" site plan for the Site noting bulk, height, number of units, and square footage of office and retail. · A breakdown of the proposed parking spaces to be allocated to the office use, the condominiums, and available for public use. · A brief description of the various land uses being proposed, and an idea on the price points and square footage of the condominium units being proposed. · Creative and innovative design solutions. · A financial history. · Prior development experience. · A statement of the relationship between the developer and any parent company or subsidiaries that might also take part in the development. 5 .. . A proposed development schedule noting start date and anticipated date of occupancy. Expenses All Proposers responding to this RFP do so at their sole expense and risk. The CRA and City assume no financial or other obligation to Proposers who respond to this RFP. The CRA and City will not be liable to any broker, consultant or other entity acting on behalf of any Proposer for any fee or payment relating directly or indirectly to the Proposer or its proposal. Proposal Compliance The selected Proposer shall comply with all applicable laws, ordinances and regulations. Non-confidentiality All proposals, correspondence and records made thereof, are public record and handled in compliance with applicable state and local laws. Selection of Development Candidate A selection committee will make a recommendation ofthe development candidate by June 27, 2003. The evaluation and selection of the development candidate will be based on the following criteria: . Economic benefit to Clearwater 25% . Development qualifications 25% . Financial capability ofthe entity 25% . Development proposal 25% RFP SUBMITTAL REQUIREMENTS A. Proposer Information Legal name and principal office address _ Telephone number and e-mail address _ Name of authorized agent who is authorized to negotiate with the CRA B. Project Team Names and qualifications of all team members, legal counsel, architect, financial institution, contractor (ifknOwn). A statement ofthe relationship between the developer and any parent company or subsidiaries that might also take part in the development. 6 " C. Experience Prior development experience and relevant project(s) D. Financial References Provide a financial institution reference contact, which may be contacted by the CRA E. Conceptual Development Program · Proposers need to document in text and sketch fonn the extent of their redevelopment program being proposed for this Site. · Plans may be "conceptual" in fonnat, but should be detailed enough to reflect the scope ofthe proposed development project. · Elements which should be addressed include height, scale, square footage of specific land uses, proposed architectural style and material types, site and building orientation and pedestrian scale at Cleveland Street, building setback design concept from Cleveland Street, and project relationship to the adjoining Station Square Park, and access points and curb cuts being considered for the project. F. Development Schedule Each Proposer shall submit a proposed design, city review and construction calendar schedule. It is the desire of the CRA that this redevelopment project is under construction within twelve months of CRA approval of the Development Agreement. G. Financial Plan Each Proposer shall submit a preliminary financial plan, including a preliminary construction budget. This financial package shall identify the total project cost, and proposed source of funding. In addition, each Proposer shall demonstrate the proposer's financial capacity to develop the site. ENVIRONMENTAL ISSUES The CRA and City are not aware of any soil or groundwater contamination that may adversely affect development. The Economic Development Department under its Brownfield's program will provide funds for a Phase I assessment, and a Phase IT if deemed necessary. DEVELOPMENT NEGOTIATIONS 7 " \, The selected Proposer shall enter into a binding Development Agreement with the CRA, which shall outline the purchase and disposition of the subject Site, the underlying project development design parameters agreed to by the CRA and City, any incentives agreed upon, and the terms and conditions relating to any other terms and conditions for public parking. The selected Proposer shall be requested to make a presentation to the CRA prior to their formal selection by the CRA as the designated development team (time and location to be announced). DEVELOPMENT INCENTIVES Due to the importance ofthis particular downtown infill redevelopment Site, it is the intention of the eRA and the City to negotiate certain development "incentives" which might include, but not be limited to, the waiving of certain impact fees and the use of tax increment financing revenues. The project would be also eligible for Enterprise Zone - credits. GENERAL CONDITIONS The CRA, in its sole and absolute discretion, with or without cause, and without liability of any kind to any Proposer, reserves the right to: Accept or reject any and/or all proposals, either in whole or in part, waive any informality of any proposals, cancel this RFP at any time and/or take any action in the best interest of the CRA or City. TheCRA's decision-in all matters shall be fmal; Retain all proposals for official record purposes, including a copy of the selected Proposer's proposal and supporting documentation, and/or use them in whatever manner it deems appropriate; _ Elect not to accept any request by any Proposer to correct errors or omissions in any information, calculations or competitive price(s) submitted once a proposal is received; _ Investigate the financial capability, integrity, experience and quality of performance of each Proposer including all principals; Request an oral presentation from any Proposer; and; _ Request any additional information from any Proposer. 8 f ! ~,~ UNAPPROVED Present: Brian J. Aungst Hoyt P. Hamilton Whitney Gray William C. Jonson Frank Hibbard Mary Rogero Dwight Matheny COMMUNITY REDEVELOPMENT AGENCY MEETING CITY OF CLEARWATER July 14, 2003 Chair/CRA Trustee Vice Chair/CRA Trustee CRA Trustee CRA Trustee CRA Trustee Ex-Officio Ex-Officio Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager Assistant City Manager CRA Executive Director/Asst. City Manager City Attorney City Clerk Board Reporter The Chair called the meeting to order at 1: 11 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 - Approval of Minutes - Special MeetinQ 03/24/03 and ReQular Meeting 06/02/03 CRA Trustee Jonson moved to approve the minutes of the Special Meeting of March 24, 2003, as recorded by the City Clerk and submitted in written summation to each Trustee. The motion was duly seconded and carried unanimously. Regarding the June 2, 2003 minutes, Commissioner Jonson suggested changing paragraph 6 on page 6 as he felt the language was unreflective of what was said. Discussion ensued regarding the suggested change and consensus was not to change the minutes. CRA Trustee Hibbard moved to approve the minutes of the regular meeting of June 2, 2003, as recorded by the City Clerk and submitted in written summation to each Trustee. The motion was duly seconded and carried unanimously. ITEM #3 - Approve Selection Committee rankinQ of respondents to the Request for Proposals and Qualifications (RFP/Q) for the redevelopment of the Station Square Parkina Lot Site and authorize the neaotiation of a development aQreement with the top ranked proposal. On May 12, 2003, the CRA authorized the issuance of an RFP/Q to select a qualified developer/development team to redevelop the Station Square Parking Lot site as a mixed-use infill development. The CRA is making the site available for redevelopment as a catalyst for new urban housing and professional office use in Community Redevelopment Agency 2003-07-14 7/14/03 the Downtown core. The site is 35,968+/- square feet, currently used as a public parking surface lot, and is owned by the CRA. . Two developers: 1) The Beck Group, and 2) Dayhoff, LLC, responded to the RFP/Q and submitted proposals on 6/13/03. . The Selection Committee met on 6/18/03 to review the proposals. In order to gather more detailed background information on the firms' development experience and financial history, the Selection Committee decided to interview both firms and subsequently rank the proposals. . The selection of the development candidate will be based on four criteria, each having equal weight: 1) Development qualifications; 2) Financial capability of the development team; 3) Economic benefit to the City of Clearwater; and 4) Merits of the conceptual development plan. The major components of the preferred proposal will contain the following: . Provision for public and private parking spaces; . New retail storefronts and a restaurant fronting on Cleveland Street; . Provision of urban housing; . Potential for including office space; . Willingness to work with the City regarding urban design issues; . Incorporation of proposed Streetscape design; . Realistic development and construction schedule; and Negotiation of development incentives with the City/CRA The selected proposal will be reviewed by the Community Development Board as a Comprehensive Infill application for site and architectural design as well as review of the additional dwelling units allocated through the Public Amenities Incentive Pool. Economic Development and Housing Director Reg Owens referred to a map of the site. He said the original infill site contains approximately 36,000 square feet and is currently used by the City as a parking lot. Beck is proposing to enlarge this site by acquiring an additional 6,500 square feet. The building will be approximately 130 feet high. The proposal does not include any office but Beck and Dayhoff may look to move the Dayhoff offices into the redevelopment program. The CRA site will be sold at fair market price and parking will be replaced. In response to a question, Mr. Owens said the project includes 100 condominiums and 9,900 square feet of retail space with a restaurant at ground level. Dayhoff's proposal included office with 40 condos; Beck's did not, however, was a stronger response. Mr. Owens said the City would provide streetscaping improvements as an incentive to developers. It was remarked that this project addresses several of the City's top priorities and includes residential, retail, and parking. CRA Trustee Hamilton moved to authorize staff to negotiate a development agreement with the top ranked respondent to the RFP/Q for development of the Station Square parking lot site. The motion was duly seconded and carried unanimously. Community Redevelopment Agency 2003-07-14 2 7/14/03 ITEM #4 - Executive Director (Assistant City Manaqer) Verbal Reports CRA Executive Director/Assistant City Manager Ralph Stone said the DDB (Downtown Development Board) and the Mainstreet Committee held a brainstorming session to discuss successes in the downtown. He said all but 25 items proposed succeeded. CRA Ex-Officio Mary Rogero requested consideration be given to increasing the number of two-bedroom condominium units for the project at Drew Street as she believed they would sell better than one-bedroom units. Mr. Owens said the developer plans to perform their own market analysis to determine the appropriate market mix and square footage of units. Trustee Jonson said there was discussion at the joint meeting of capitalizing on the portion of the Pinellas Trail that runs through Downtown. ITEM #5 - Other Business - None. ITEM #6 - Adiourn The meeting adjourned at 1 :37 p.m. Chair Community Redevelopment Agency Attest: City Clerk Community Redevelopment Agency 2003-07-14 3 7/14/03 AGENDA STATION SQUARE June 23, 2003 4:00 PM REQUEST FOR DEVELOPMENT PROPOSALS INTERVIEWS AND PREFERRED PROPOSER SELECTION 4:00 - 4:15 PM Review of Agenda and selection criteria 4:15 - 4:40 PM Interview with Beck (Nick Pavonetti and Urban Urban Studio Architects, et al) 4:40 - 5:00 PM Interview with Dayhoff, LLC ( Uday Lele, Anjani Abhyankar, et al) 5:00 - 5:30 PM Discussion jointly with Dayhoff, LLC & Beck about a possible joint-venture between both parties 5:30 - 6:00 PM Selection of Preferred Proposer or-approval of both as a joint venture SELECTION CRITERIA . . Ilo.)~~ QtlAl/;'~~( 1. ConstructIon/development experience ...,...... --r · 2. Financial ability to do p~9jeet- I~'td.: 3. Design -1' ~~ P L6pllhU 4. Value added to downtown/city " " ~'c. Pe41~1-- /fJOtw f#,t~,q . ~Wz ~ j/ddl3Yi ~/~/ fJnunOUA- /A1u1t fJtPmp~ /0Irf 1;1lflF _~ ..--- ~ a-W/l~ ~NJ)?#t;1 }/;o/!,a614~b1flle/ ~~~~ .'. ~;V1/~ . _IMdZ?it>>o (~~/!.) d' hJ'/~/10/7ll?- CfJ7.ee, -56wA-/'~~ "i/IJIJ~- ~~ 1'# "f/lt/~C ~ ~ce . !/~.- wv. c/o I br #J~. V::ZZo t/o v/tJ~ - 80 .., ~/16 . , . . ~~-tUtJO~ r 1~~'-~mJv/JhO/~~/() ~~ -fJ;ntl/l~ . k-'t/I/~~ /1J~~atJ~b~ ~0~..... U1Jh -.IZ~ /k:rwt f2un/6 /~4~t1O... GIft;;7~.-//-//:7~." H · ~'}J1/~ ~ . / fXt::'~ ~ IO%~~~ UJ~ff/ f);}~ lomY~~ ?b% ~~ · ~ /"hW4?Jf}Y- ?? tJOmhu:C /O~. /1) ~/& :, ~ ptL-~ Tarapani. Cyndi From: Sent: To: Cc: Subject: Tarapani, Cyndi Monday, June 23,200312:04 PM Campos, Geraldine Owens, Reginald W.; Akin, Pam STation Square agenda item I suggest adding a bullet on the agenda item as follows: This will ensure that the CC knows early that the review process for the site design. "The selected proposal will be reviewed by the Community Development Board as a Comprehensive Infill application for site and architectural design as well as review of the additional dwelling units allocated through the Public Amenities Incentive Pool." Thanks. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl..com 1 COMMUNITY J!!~l endaItem# REDEVELOPMENT Meeting Date: AGENCY - A enda Cover Memorand SUBJECT/RECOMMENDATION: (8 July 14, 2003 Approve Selection Committee ranking of respondents to the Request for roposals and Qualifications (RFP/Q) for the redevelopment of the Station Square Parking Lot Site nd authorize the negotiation of a development agreement with the top ranked firm, ~ and that the appropriate officials be authorized to execute same. SUMMARY: On May 12, 2003, the CRA authorized the issu nce of an RFP/Q to select a qualified developer/development team to redevelop the Statio Square Parking Lot site as a mixed-use infill development. The CRA is making the site availabl for redevelopment as a catalyst for new urban housing and professional office use in the Dow town core. The site is 35,968+/- square feet, currently used as a public parking surface lot, an is owned by the CRA. . Two developers: 1) The Beck Group nd 2) Dayhoff, LLC, responded to the RFP/Q and submitted proposals on 6/13/03. . The Selection Committee met on 6/ 8/03 to review the proposals. In order to gather more detailed background information 0 the firms' development experience and financial history, the Selection Committee decided interview both firms and subsequently rank the proposals. . The selection of the developme t candidate will be based on four criteria, each having equal weight: 1) Development quali cations; 2) Financial capability of the development team; 3) Economic benefit to the City Clearwater; and 4) Merits of the conceptual development plan. The major components of the pref rred proposal will contain the following: . Provision for public and ivate parking spaces; . New retail storefronts d a restaurant fronting on Cleveland Street; . Provision of urban, f -sale housing; . Potential for includ' g office space; . Willingness to w rk with the City on architectural style and scope; . Incorporation proposed Streetscape design; . Realistic elopment and construction schedule; and . Negotiaf n of development incentives with the City/CRA. Reviewed by: Originating Dept: Costs -0- Legal Info Tech NA Economic Development and Total - - Housing Budget NA Public Works User Dept. Funding Source: - - Purchasing NA DCM/ACM Economic Development Capital Improvement Current Fiscal Year - - Risk Mgmt NA Planning Attachments Operating - - I) Responses to RFP/Q other Appropriation Code: Submitted by: o None City Manll2er '"' (rl f;,tJ~ fJJz1Jtl!fJ?a. ~~/f)/It/I)4/ ~/tmI;jJ~ ~h1t1 (PU;)1h I~ t!f;~ 1Jh.i(We If1in)1j fJvP~ <hm~~ I2Un a. ~)0y~ ~,I 1~~/t;j/i;/{kM-,Mt;- .' 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Rt:CEIVED JUN 1 ~ 2003 PLANNING DEPARTMENT CITY OF CLEARWATER MEMORANDUM TO: Ralph Stone, Garry Brumback, Cyndi Tarapani, Geri Campos, Glen Warren, Mike Quillen, Pam Akin FROM: Reginald Owens DATE: June 13, 2003 RE: Station Square Responses Attached are the responses to our Station Square RFP - Please review and be prepared to discuss the merits of each at our scheduled meeting on June 18th at 1:00 - 3:00 pm third Floor Conference Room City Hall. We anticipate that we will need the two hours to get input from the review team, so at this time we have not scheduled an appearance of the respondents at our meeting - this can be done the following week. Due to the time crunch of having to submit our agenda item to the Clerk on June 23 for the June 14 CRA meeting (authorization to negotiate with preferred candidate), ED will submit with a "blank" and fill in the appropriate name once we have interviewed the candidate(s) during the week of June 23rd. At this point please do not contact any respondent. Thank you. '!!!!pani, Cyndi From: Sent: To: Cc: Subject: Fierce, Lisa Tuesday, June 10, 20035:17 PM 'anjani@waterfront-realtors.com' Tarapani, Cyndi; Gerlock, Frank; Clayton, Gina comments on your proposal > Hello Anjani, > > Thank you for your submittal regarding the Cleveland Street project adjacent to Station Square Park. The Planning Department wanted to provide responses to you and your team on the submittal (sorry you couldn't make it back in the office). Below are our initial comments: > > * Building relationship to street - With the covered arcade-like area with wide columns, the first floor/sidewalk area appears closed off from the street. The columns appears as building walls. It is recommended that the design be open (or columns be made more narrow) to provide a more dynamic streetscape and enhance the public feel of the street/sidewalk. This could include more narrow columns along the arcade > > * Uses - The mixture of uses of non-residential and residential along with shared parking as shown is critical. All tenant spaces on the first floor should be retail or restaurant uses to contribute to Cleveland Street as the major retail "Main Street". Office uses (including real estate offices) should be located on upper floors. The pool, deck and spa will provide a recommended on-site recreational facility. > > * Mass/scale/architecture - The design appears as three separate buildings located adjacent to each other (the southern-lower building appears separate from the taller, northern buildings). Greater step backs should be provided that are gradual as you move from south to north. This could mean joining the two residential towers and recapturing space between. The colors, materials and architecture will need further embellishment. The design should be more integrated to create a more urban scale. Use of more architectural relief is recommended. The west and north elevations will need to have a finished appearance with similar design features. > > * Circulation - Vehicular access onto Cleveland Street is not recommended as it could cause a real and/or perceived safety issue. There is a potential conflict between the desired retail/restaurant uses along the street with the ingress of automobiles into the garage. Ingress and egress along Laura Street is recommended Pedestrian links between this site and the park to the west as shown is recommended. > > * Signage - This will be an important part of the design and should be shown in some conceptual way early in the design process. > > Again, thanks to you and the team for meeting with us to review your proposal. We appreciate all your efforts. These comments recognize that many details are yet to be designed/discussed. Should you be selected for this project, further design features will be addressed with Staff and reviewed under a public hearing by the Community Development Board. > > Should you have any questions/concerns, feel free to call me. > > > Lisa L. Fierce > Assistant Planning Director 1 > City of Clearwater - Planning DeJ141ttnent > lfierce@clearwater-fl.com > 727.562.4561 phone > 727.562.4865 fax > Buckeye and Buccaneer Fan > GO BUC(K)S! > 2 -fJd/lAl~/{"!tIitJL/ ~j(c>1(Jtt/ ? tJldt. q.U.@ ~- /nJ!:i~/#'1 ~~. 1f;tJ#/ti;P&//MnIt./ej/m/tY17 /~ ~J'9 ~~ ~~ J N.~ ~ 70' .. . tp~ . ~4/ - /1 ~ +~7"t5!)l70<- 'fh)2 ~~ .. ~e /W~tlh - ~ .~j~UtY~ tit( -:~~jk'>> f/ff" ~ ~llt)flJ ~ ~ @ :;o.~ -/iJr qp~ "1 tV#Jh /~htrh .. j HI ~ tt~/~~ H' ~~2. .. "V)(// ~ k&l4uA~ Im~,1Jour-fH"hJ;u ~ -= - 4uJ~ - ~~ ~#Jl1ftdf~~-I- ~ -- .'t tl m~.lt>>~ ~jlH5p~/-/rJ1j - ~ !Jgt/4(R. fd;b;t;~- f}tU~ _ ~~h- ~~~ j/;a. fvfn;fI~1tZ -,&~ . fIl/ilujrrtlab - fli'i?mt3Jtd/b hdl/;hI1 /?o ~M1fh -dl1/n ddl'J4f* , /lO-~~~ ..' WtV~/lltL ., ~ -~~ ~L~Ft:J:? FIJif7J/;jk,J~- ~/ld:;I /trY ~ ~ -~~ .., ~JJt- ~f/;i~~~:~{~~yf:t~ ~~-/~/~~/5 ;tc~ ~k 7l:Le ~?z:. 17r - /h ~4/7~ .(J7~ ~~~~frJ);?~/JJ/v .:, C~~ ?J/!j~ tJo Pnte &J:I1r) tuU. ~u.o? ;/.tp ~- ~ -'ff1i1IflfJ1~ . fu.~lJjll(Jnly. ~~ ;P/~ ~~ /6 jJtF~~ /uy.J---aYk. Itdo7;.y I?a ~ d#?1f:~/77~ ,.(X!.4t14au~~ ~ ~5 ~.~ ~ /mpnfrm~ q /h1t> 07:ie: tfY ~ tlJ /tUUv- 0 a/Yn .. g~ m~ ffJ)bp/k:7 :1tl pniU ~ ~. I-.{lf//:?~~ /&mkA/~ dh/l(1 Z ~1[?&f6Mh.~ ~ th~ th/;1:J 1IJJ7~/)/ ~.. ". -/J/~7thc, md.m4lf- ., - ~~}cJ/7eW!- ~-..f~~~ 315 ~~17~ -~~ ~~~ ~ t , , ~.. ~ f-:yf ~ -/tJb( W;;6t::~:' .., /0~~f4I.. ~ ~re, 1P-; ~;.~ ~f?Pn~c:Unjn~ - ~. t:pPllb- E-r-J O/mp- ~ .e:na' d#~ ~/,(/iJ( ~I/~h& @IJ? ~r ~~7Ib ~d ( ~1f}f ~. COMMUNITY REDEVELOPMENT AGENCY MEETING CITY OF CLEARWATER May 12, 2003 UNAPPROVED Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Glen Warren Mary Rogero Chair/CRA Trustee CRA Trustee CRA Trustee CRA Trustee CRA Trustee Ex-Officio Ex-Officio Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan City Manager Assistant City Manager CRA Executive Director/Asst. City Manager City Attorney City Clerk Board Reporter The Chair called the meeting to order at 1 :05 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 - Approval of Minutes In reference to Page 11, Paragraph 2, Trustee Jonson requested a sentence be added to read, "Concern was expressed over the omission of public transportation facilities from the plan." Trustee Jonson moved to approve the minutes of the regular meeting of April 28, 2003, as amended. The motion was duly seconded and carried unanimously ITEM #3 - Authorize issuance of a Request for Proposals and Qualifications (RFP/Q) for the redevelopment of the Station Square ParkinQ Lot Site on Cleveland Street as an office/retaillresidential infill development The purpose of the RFP/Q (Request for Proposals and Qualifications) is to select a qualified developer/development team to redevelop the Station Square Parking Lot site as a mixed-use infill development. The CRA (Community Redevelopment Agency) is making the site available for redevelopment as a catalyst for new urban housing and professional office use in the Downtown core. The CRA owns the 35,968+/- square-foot site, which currently is used as a public parking surface lot. The major components of the RFP/Q require the mixed-use development to feature four key land use components: 1) on-site parking structure including public parking; 2) 50,000 square-feet of office space; 3) 5,000 square-feet of ground floor retail; and 4) condominiums. Community Redevelopment Agency 2003-0512 1 .. \ The Developer will purchase the site from the CRA. The appraised value is approximately $720,000 ($20 square-foot). As a catalyst for redevelopment, the CRA will consider purchasing parking spaces in the development for public use. The proposal deadline is June 13, 2003, with a selection made by June 27,2003. Selection of the development candidate will be based on equal weighted criteria: 1) Development qualifications; 2) Financial capability of development team; 3) Economic benefit to City; and 4) Merits of conceptual development plan. The conceptual development program proposed for the site will need to address height, scale, square footage of specific land uses, proposed architectural style and material types, site and building orientation, and pedestrian scale at Cleveland Street, building setback design concept from Cleveland Street, and project relationship to adjoining Station Square Park. The selected developer will enter into a Development Agreement with the CRA, outlining the purchase and disposition of the site, the design parameters agreed to by the CRA and the City, any incentives, and terms and conditions related to public parking. Economic Development & Housing Director Reg Owens said the City has been approached by individuals interested in redeveloping this site. He reported the RFP/Q will be advertised in several newspapers and distributed via direct mail. The plan would gain 26 parking spaces. He indicated the AmSouth building at the corner of Osceola and Cleveland Street had been sold for approximately $65/square-foot. The Mooko building at the corner of North Ft. Harrison and Cleveland Street is on the market for $1.2-million. As proposed, the project would feature a 12-story building, stepped back from Cleveland Street. Adjacent buildings are 15-stories high. He said the site is an efficient location for parking. Postal employees do not park on this site. In response to a question, Mr. Owens said the CRA has adequate funds in its budget to purchase parking spaces from the planned development. The project has been identified as the key redevelopment parcel in the Downtown. In response to a question, the City Attorney said the statute related to the CRA RFP/Q requires responses to be submitted within 30 days of advertisement. It was suggested historic fa9ades be incorporated. In response to a question, the City Attorney said the CRA's purchase of parking spaces is subject to negotiation. CRA Executive Director Ralph Stone said the intent is to retain and/or increase the number of public parking spaces. Mr. Owens estimated the proposed development's TIF (Tax Increment Financing) would equal several thousand dollars annually. Ex-Officio Glen Warren said a mixed-use development is ideal for the site. He was excited that the plan includes Downtown residential units. Ex-Officio Mary Rogero recommended the City be careful when choosing a developer Trustee Gray moved to authorize issuance of a Request for Proposals and Qualifications (RFP/Q) for the redevelopment of the Station Square Parking Lot Site on Cleveland Street as an office/retaillresidential infill development, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Community Redevelopment Agency 2003-0512 2 l> ITEM #4 - Executive Director (Assistant City ManaQer) Verbal Reports Mr. Stone reported a full-day visit to view redevelopment efforts in West Palm Beach is scheduled for May 22, 2003. Mr. Stone recognized volunteers who improved the landscaping at the Post Office. The combined efforts of the Garden Club, Beautification Committee, and Mainstreet Program were responsible for the improvements. ITEM #5 - Other Business Trustee Jonson said at a recent meeting in Washington DC, Robert Melnick had discussed landscaping, stating it should be scenic and meaningful. ITEM #6 - Adiournment The meeting adjourned at 1 :32 p.m. Chair Community Redevelopment Agency Attest: City Clerk Community Redevelopment Agency 2003-0512 3 ~ani. Cyndi From: Sent: To: Cc: Subject: Tarapani, Cyndi Wednesday, April 30, 20032:33 PM Harriger, Sandy; Akin, Pam; Campos, Geraldine Brumback, Garry; Clayton, Gina Station Square RFP comments As requested, here are the comments from Planning on the RFP. I would appreciate knowing if these comments will be incorporated into the final document. Thanks. '-J \IIemo on Station Sq RFP .doc Cyndi Tarapani Planning Director (727) 562-4547 ctarapan@clearwater-fl.com 1 ~ Clearwater u Interoffice Correspondence Sheet TO: RALPH STONE, ASSISTANT CITY MANAGER PAM AKIN, CITY ATTORNEY CYNDI T ARAP ANI, PLANNING DIRECTOR FROM: RE: STATION SQUARE RFP COMMENTS DATE: APRIL 30, 2003 Thank you for the opportunity to comment on the draft Station Square RFP. Planning Department comments are as follows. Page 2, 2nd paragraph under Background Information. Suggest revising sentence to read: These include the 2002 expansion of the City's CRA district; the preparation of an update to the Downtown Plan including major streetscape and wayfinding sign program for Cleveland Street, Fort Harrison and Osceola Avenues, ... This addition would let the development community understand the context of this proposal as part of an overall downtown revitalization program, of which the updated Plan is a major component. Page 3, 2nd paragraph of Project Parameters. Delete the reference to an 1.0 FAR increase since the exact amount of the bonus will be determined as part of the site plan and design review process. Therefore, the first sentence of the second paragraph should read: A residential density of 70 dwelling units per acre, a base FAR of 4.0 with the potential for increasing the FAR for participating in the adjacent streetscape and wayfinding program. . . Page 5, second bullet under Qualifications: Add that the developer shall provide a Cleveland Street elevation in addition to the conceptual site plan. This will assist in evaluating the design proposal and how it fits into the Cleveland Street environment. A site plan is not sufficient to fully evaluate an infill project of this nature. Page 5, 1 st bullet under Selection of Development Candidate. Add to the Development Qualifications on similar urban infill proiects. This will assist us in identifying a developer who has direct experience on similar projects. Page 6, Evaluation Criteria. The development proposal and the economic benefit to the City are equally important and are interrelated. Suggest that each element have the same weight in the Evaluation Criteria. Please advise if the Planning Department comments will be incorporated into the fmal document. Thank you. cc: Garry Brumback, Assistant City Manager ~ani. Cyndi From: Sent: To: Subject: Campos, Geraldine Tuesday, April 29, 20034:50 PM Tarapani, Cyndi Revised Station Square RFP Attached is most recent copy incorporating Pam and Ralph's comments. Please send me your comments by tomorrow. thanks, Geri ~ Station Square RFP .DOC Geraldine Campos Assistant Director of Community Redevelopment City of Clearwater (727) 562-4023 (727) 562-4075 Fax gcampos@clearwater-fl.com 1 City of Clearwater, Florida REQUEST FOR DEVELOPMENT PROPOSALS AND QUALIFICATIONS FOR A Community Redevelopment Agency (CRA) Infill Parcel Adjacent To Station Square Park On Cleveland Street in Downtown Clearwater 1 REQUEST FOR PROPOSALS STATION SQUARE CLEARVVATER,FLORIDA INTRODUCTION Project Location, Ownership and Purpose The Community Redevelopment Agency (CRA) of the City of Clearwater, Florida invites qualified applicants to submit proposals for a mixed-use infill development on the 35,968+/- square foot Station Square Parking Lot (Site) lying on the north side of Cleveland Street, and just west of Myrtle Avenue, within the downtown core of the city. The CRA seeks to review only those proposals that address the development, disposition and sale of the entire Site, and neither the CRA nor the City intends to undertake any infrastructure demolition or site work before disposition other than removing city owned parking meters. The Site is currently owned by the CRA and is being made available for redevelopment as a catalyst for new urban housing and professional office use. Downtown Redevelopment Opportunities Additional information regarding this infill parcel, and the current redevelopment climate within the downtown core and on our beaches, may be obtained by a review of the "Development Opportunities - Building Our Future Together" economic development brochure which accompanies this RFP request. Background Information Downtown Clearwater offers an environment free of significant crime, deteriorated buildings or crumbling infrastructure, with a current strong consumer demand for market- rate urban housing units due to its strategic location to regional employment nodes and access to Clearwater beaches and boating venues. These new housing units should act as a catalyst for future support, retail and entertainment venues. As part ofthe City Commission's long-range vision for the redevelopment and stabilization of the downtown core, major steps have been initiated to encourage pro- development, economic development strategies. These include the 2002 expansion of the city's CRA distric . the preparation of a major streetscape and wayfmding sign program for Cleveland Street Fort Harrison and Osceola Avenues; the recent design commission for a future major terfront park and marina west of Osceola Avenue; the construction of a new main libr yon Osceola; an analysis for alternative locations for future . rrJ!'P a fvtl v{V\ I~ tw' ~o fluW- 2 ~lil-J\ /)'J ,Y\/p tk downtown parking structures; and the completion of a $12 million dollar downtown lake and recreational park. All of these documents and graphics will be made available as part of this RFP. Project Parameters The CRA is soliciting proposals from developers and investors interested in undertaking a major mixed-use development project that would entail four key land use components: . A parking structure that would provide all required parking for the intended land uses, as well as public parking spaces. . Minimum of 50,000 square feet of office space, with preference given to space allocated to a corporate headquarters use. . A minimum of 5,000 square feet of ground floor retail use, including space for a sit down restaurant, which would make use of a recent outdoor sidewalk cafe ordinance provISIon. . Multiple floors of residential condominiums. The Site could be designed and developed under the following broad guidelines: rJj)JJP A residential density of70 dwelling units per acre, a base FAR of 4.0, with lhe polenlial for increasing the F AR b~ for participating in the adjacent streetscape and wayfmding program, by providing an on-site outside dining area adjacent to Station Square Park, and by providing a negotiated number of public parking spaces. The height of the building is not being prescribed, however, in the interest of maintaining a "pedestrian" scale, the building fa~ade facing Cleveland Street cannot exceed 3 stories or 40 feet, and must then "step" back in a manner acceptable to the Community Redevelopment Agency, the Planning Department and the Community Development Board (note: please contact the Planning Department for clarification on how FAR and . residential density are calculated for mixed-use projects)flnclllJ aI~ c;:tt?lJJ1 /~~A' Site Purchase Price .. The CRA commissioned two recent appraisals and has established a purchase value for the Site at $20.00 per square foot or $720,000.00. eRA Participation in the Proposed Parking Structure In an effort to provide a catalyst for the successful redevelopment of this downtown infill Site, the CRA will consider re-purchase of public parking spaces from the successful Proposer. 3 A Development Agreement between the parties shall govern the terms and conditions associated with this project. PROPOSAL AND SELECTION PROCESS Overview Proposals submitted will provide Proposers the opportunity to demonstrate their ability to undertake the planning, design, financing, construction, and implementation of the project envisioned. Proposal Deadline July 7, 2003 - deadline for submission of proposals Proposals must be submitted on or before July 7,2003 by 4:00 p.m. Eastern Standard Time. Late Proposals will not be accepted. Proposals shall be submitted in a sealed envelope or box and clearly marked as follows: Request For Proposal- eRA Station Square N umber of Copies One (1) fully signed original transmittal letter and 10 copies of the proposal shall be submitted to the CRA. The signer of the transmittal letter must be the person with authority to act on behalf of the Proposer. Proposal Delivery Location Proposals shall be mailed or hand delivered to the office of: Mr. George McKibben Purchasing Manager City of Clearwater Municipal Services Building 100 S. Myrtle Avenue P.O. Box 4738 Clearwater, Florida 33756 Project Inquiries Direct all written and telephone inquiries on this RFP to Reginald W. Owens, AICP, Director of Economic Development & Housing, 112 S. Osceola Avenue, Clearwater, Florida 33756 (727) 562-4047, e-mail rowens@clearwater-fl.com. 4 Qualifications As part of the proposal submittal, each Proposer must provide: . A narrative describing the Proposer's reasons for wanting to participate in this infill project. . An ability to provide a "conceptual" site plan for the Site notin~ ,,~ulkJleight, number of units, and square footage of office and retail. ~ -/'{$t/ ~ ~t1/7tJ2( . A breakdown ofthe proposed parking spaces to be allocated to the office use, the condominiums, and available for public use. . A brief description of the various land uses being proposed, and an idea on the price points and square footage of the condominium units being proposed. . An ability to demonstrate creative and innovative design. . An ability to provide a financial history. . Prior development experience. . A statement of the relationship between the developer and any parent company or subsidiaries that might also take part in the development. . A proposed development schedule noting start date and anticipated date of occupancy. Expenses All Proposers responding to this RFP do so at their sole expense and risk. The CRA and City assume no financial or other obligation to Proposers who respond to this RFP. The CRA and City will not be liable to any broker, consultant or other entity acting on behalf of any Proposer for any fee or payment relating directly or indirectly to the Proposer or its proposal. Proposal Compliance The selected Proposer shall comply with all applicable laws, ordinances and regulations. Non-confidentiality All proposals, correspondence and records made thereof, are public record and handled in compliance with applicable state and local laws. Selection of Development Candidate The successful development entity shall be selected on July 21, 2003 based on the following evaluation criteria: 0V1 ' . Development qualifications W ?'IYYli W Ultxn-t V1l{11/ p~ . Financial capability of the development team 5 /} ( ~ . Economic benefit to the City of Clearwater . Merits of the conceptual development plan Evaluation Criteria . Economic benefit to Clearwater . Development qualifications . Financial capability of the entity . Development proposal 30% 25% 25% 20% RFP SUBMITTAL REQUIREMENTS A. Proposer Information - Legal name and principal office address - Telephone number and e-mail address - Name of authorized agent who is authorized to negotiate with the CRA B. Project Team Names and qualifications of all team members, legal counsel, architect, fmancial institution, contractor (if known) C. Financial References Provide a fmancial institution reference contact, which may be contacted by the CRA D. Conceptual Development Program . Proposers need to document in text and sketch form the extent of their redevelopment program being proposed for this Site. . Plans may be "conceptual" in format, but should be detailed enough to reflect the scope of the proposed development project. . Elements which should be addressed include height, scale, square footage of specific land uses, proposed architectural style and material types, site and building orientation and pedestrian scale at Cleveland Street, building setback design concept from Cleveland Street, and project relationship to the adjoining Station Square Park, and access points and curb cuts being considered for the project. E. Development Schedule Each Proposer shall submit a proposed design, city review and construction calendar schedule. It is the desire ofthe CRA that this redevelopment project is under construction within six months ofCRA approval of the Development Agreement. 6 F. Financial Plan Each Proposer shall submit a preliminary fmancial plan, including a preliminary construction budget. This fmancial package shall identify the total project cost, and proposed source of funding. In addition, each Proposer shall demonstrate the proposer's financial capacity to develop the site. G. Environmental Issues The CRA and City are not aware of any soil or groundwater contamination that may adversely affect development. The Economic Development Department under its Brownfield's program will provide funds for a Phase I assessment, and a Phase II if deemed necessary. DEVELOPMENT NEGOTIATIONS The selected Proposer shall enter into a binding Development Agreement with the CRA, which shall outline the purchase and disposition of the subject Site, the underlying project development design parameters agreed to by the CRA and City, any incentives agreed upon, and the terms and conditions relating to any other terms and conditions for public parking. The selected Proposer shall be requested to make a presentation to the CRA prior to their formal selection by the CRA as the designated development team (time and location to be announced). DEVELOPMENT INCENTIVES Due to the importance of this particular downtown infill redevelopment Site, it is the intention of the CRA and the City to negotiate certain development "incentives" which might include, but not be limited to, the waiving of certain impact fees and the use oftax increment fmancing revenues. The project would be also eligible for Enterprise Zone credits. GENERAL CONDITIONS The CRA, in its sole and absolute discretion, with or without cause, and without liability of any kind to any Proposer, reserves the right to: - Accept or reject any and/or all proposals, either in whole or in part, waive any informality of any proposals, cancel this RFP at any time and/or take any action in the best interest of the CRA or City. The CRA's decision in all matters shall be fmal; 7 - Retain all proposals for official record purposes, including a copy of the selected Proposer's proposal and supporting documentation, and/or use them in whatever manner it deems appropriate; - Elect not to accept any request by any Proposer to correct errors or omissions in any information, calculations or competitive price(s) submitted once a proposal is received; Investigate the fmancial capability, integrity, experience and quality of performance of each Proposer including all principals; - Request an oral presentation from any Proposer; and; Request any additional information from any Proposer. 8 ~ani. Cyndi From: Sent: To: Cc: Subject: Owens, Reginald W. Friday, April 25,20033:41 PM Tarapani, Cyndi Akin, Pam; Harriger, Sandy; Phillips, Sue; Campos, Geraldine RE: Station Square RFP Cyndi - appreciate your time crunch - please direct your review comments to Pam and Ralph, as I am revising the RFP this weekend before I leave, based on their comments received today - I will e-mail you a copy also, so you might give the new edition a glance as it might clarify some of your issues. With regards to a pre-RFP conference - would be nice, but we simply do not have the time if we intend to hold the interest of prospects. Thanks - good luck at the CIP session next week -----Original Message----- From: Tarapani, Cyndi Sent: Friday, April 25, 2003 12:30 PM To: Owens, Reginald W. ee: Akin, Pam Subject: Station Square RFP Reg-I haven't been able to prepare my comments on the RFP but will work on it some more this weekend. I have two major concerns: my suggestion to have a required pre-submittal conference to discuss the design and all other issues was not included in the RFP. I still think this would be a good way to get the best projects to submit and to be efficient in our time explaining the important issues to all proposers. My second major concern is that page 3 states that 1.0 FAR bonus WILL be given provided the developer does one of the public amenities. This section should be much more performance based -rather than stating that an absolute amount of FAR is pre-approved. I will provide you with additional comments on the section on the site/design issues. Thanks for the opportunity to comment. Please let me know who will be working on this in your absence so I can get comments to him/her. Thanks. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com 1 '!!!!pani, Cyndi From: Sent: To: Cc: Subject: Owens, Reginald W. Wednesday, April 23, 2003 1 :29 PM Akin, Pam; Harriger, Sandy; Tarapani, Cyndi; Phillips, Sue Campos, Geraldine Station Square All - I would appreciate it if you would take the time to read the attached RFP Draft for Station Square and provide me with your comments. Ralph and I are meeting with Pam on Friday at 2 pm to discuss the RFP specifically as it relates to the incentives - it would be helpful if we had your comments before that meeting. Cyndi - feel free to massage the design/planning section - this was my first cut at the language but i think it denotes both our thinking - make it clearer if you wish This is my first city RFP, but I think I covered all the important issues and added some from others which I have wrote. Thanks ~ Request For ProposaLDOC 1 City of Clearwater, Florida REQUEST FOR PROPOSAL AND QAULIFICA TIONS FOR Development Proposals For A Community Redevelopment Area Infill Parcel Adjacent To Station Square Park 1 REQUEST FOR PROPOSAL STATION SQUARE CLEARVVATER,FLORlDA INTRODUCTION Project Location, Ownership and Purpose The Community Redevelopment Agency (CRA) of the City of Clearwater, Florida invites qualified applicants to submit proposals for a mixed-use infill development on the 35,968+/- square foot Station Square Parking Lot (Site) lying on the north side of Cleveland Street, and just west of Myrtle Avenue, within the downtown core of the city, as noted on the accompanying graphic. The CRA seeks to review only those proposals that address the development, disposition and sale of the entire site, and neither the CRA nor the City intends to undertake any infrastructure demolition or site work before disposition other than removing city owned parking meters. The Site is currently owned by the CRA, and is being made available for redevelopment as a catalyst for new urban housing and professional office use. Downtown Redevelopment Opportunities Detailed information regarding the viability of this infill parcel, and the current redevelopment climate within the downtown core and on our beaches, may be obtained by a review of the accompanying "Development Opportunities - Building Our Future Together" economic development brochure which will accompany this RFP request. Background Information Downtown Clearwater offers an environment free of serious crime, deteriorated buildings or crumbling infrastructure, with a very strong consumer demand for market-rate urban housing units, professional offices, and support retail and entertainment venues. Recognizing the importance of a vibrant downtown the City Commission has authorized the marketing of the current City Hall and the city-owned convention/meeting facility, the Harborview Center, as alternative redevelopment sites if they can be combined with adjacent privately owned parcels which are now available for redevelopment (note: development of these city owned sites will require a referendum). 2 In addition, as part of the City Commission's long-range vision for the redevelopment and stabilization ofthe downtown core, they have taken major steps to encourage pro- development economic development strategies such as the 2002 expansion of the city's CRA district, the preparation of a major streetscape and wayfmding design program for Cleveland Street, Fort Harrison and Osceola Avenue; the recent design commission for a future major waterfront park and marina west of Osceola Avenue; an analysis for alternative locations for future downtown parking structures; and the completion of a $12 million dollar downtown lake and recreational park~l of these documents and graphics shall be made available to Proposers as part of this ~ j q.~~r Project Program Parameters /t!?1i1Y The CRA is soliciting proposals from developers interested in undertaking a major mixed-use development project that would entail three key land use components: . A parking structure that would provide all required parking for the intended land uses, as well parking spaces on the ground level intended for public use and ultimately metered by the City. . A minimum of 50,000 square feet of corporate office space . A minimum of 7,000 square feet of ground floor retail use, including space for a restaurant adjacent to Station Square Park, and . Multiple floors of residential condominiums. The Site could be designed and developed under the follow' road guidelines: A base FAR of 4.0, with the option for increas' g the FAR by 1.0 for icipating in the adjacent streetscape and wayfmding program, d by provid' n-site outside dining area adjacent to Station Square Park, and by providing a negotiated number of public parking spaces. The height of the building could extend to 150 feet, how~.ver, in the interest of maintaining a "pedestrian'" scale, the building fa~ade facing Cleveland Street cannot exceed 3 stories or 40 feet, and must then "step" back in a manner acceptable to the Planning Department and the Community Development Board. Site Purchase Price The CRA commissioned two appraisals dated February 12,2003 and March 31,2003, noting a fair market value of the Site at $540,000/$15.00 psfand $720,000/$20.00 psf. The CRA is therefore valuing the Site at $720,000. 3 CRA Participation in the Proposed Parking Spaces In an effort to provide a catalyst for the successful redevelopment ofthis downtown infill Site, the CRA proposes to utilize the sales value ofthe Site to re-purchase ground floor public parking spaces from the successful Proposer. The terms and conditions associated with this repurchase shall be governed by a Development Agreement between the parties, and the CRA reserves the right to purchase additional public parking spaces in excess of the number of spaces associated with the purchase price. Both parties shall base the fair market value of each parking space purchased on industry standards agreed upon. PROPOSAL AND SELECTION PROCESS Overview Proposals submitted will provide Proposers the opportunity to demonstrate their ability to undertake the planning, design, fmancing, construction, and implementation of the project envisioned. Proposal Deadline July 7, 2003 - deadline for submission of proposals Proposals must be submitted on or before July 7, 2003 by 4:00 p.m. Eastern Standard Time. Late Proposals wiD not be accepted, and the Purchasing Office will provide a time-dated receipt. Proposals shall be submitted in a sealed envelope or box and clearly marked as follows" Request For Proposal- eRA Station Square Number of Copies One (1) fully signed original transmittal letter and 10 copies of the proposal shall be submitted to the CRA. The signer of the transmittal letter must be the person with authority to act on behalf of the Proposer. Proposal Delivery Location Proposals shall be submitted to the office of: Purchasing Office City of Clearwater Municipal Services Building 4 100 S. Myrtle Avenue Clearwater, Florida 33758-4748 Project Inquiries Direct all written and telephone inquiries on this RFP to Mr. Reginald W. Owens, AICP, Director of Economic Development & Housing, 112 S. Osceola Avenue, Clearwater, Florida 33756 (727) 562-4047, e-mail rowens@c1earwater-flcom. ~/J~ , '} Selection of Development Candidate /h/Md4 wAJ? The successful development entity shall be selected on July 18,2003, based on the following evaluation criteria: · Development being proposed · Development Qualifications · Financial capability of the development team · Economic benefit to the City of Clearwater Expenses All Proposers responding to this RFP do so at their sole expense and risk. The CRA and City assume no financial or other obligation to Proposers who respond to this RFP. The CRA and City will not be liable to any broker, consultant or other entity acting on behalf of any Proposer for any fee or payment relating directly or indirectly to the Proposer or its proposal. Proposal Compliance The selected Proposer shall comply with all applicable laws, ordinances and regulations. Non-confidentiality All proposals, correspondence and records made thereof, shall be considered public information and handled in compliance with applicable state and local laws. RFP SUBMITTAL REQUIREMENTS A. Proposer Information - Legal name and principal office address - Telephone number and e-mail address - Name of authorized agent who is authorized to contractually bind the Proposer. 5 B. Project Team Identify all team members, including design, legal, and fmancial consultants know at the time. Provide contact information on all team members. C. Financial References Provide a fmancial institution reference contact, which can be contacted by the CRA D. Financial Plan Each Proposer shall submit a preliminary fmancial plan, including a preliminary construction budget. This financial package shall identify the total project cost, and proposed source of funding. In addition, each Proposer shall demonstrate the Proposer's fmancial capacity to develop the site. E. Conceptual Development Program Proposers need to document in text and sketch form the extent of their redevelopment program being proposed for this Site. Plans may be conceptual in format, but should be detailed enough to reflect the scope ofthe proposed development project in terms of bulk and mass, showing a proposed site plan and building elevation drawing. Elements which should be addressed include height, scale, square footage of specific land uses, proposed architectural style and material types, site and building orientation and pedestrian scale at Cleveland Street and the adjoining Station Square Park. All inquiries relating to the proposed scope of design for the project should be directed to: Cyndi Tarapani, Planning Director City of Clearwater Planning Department Municipal Services Building 100 S. Myrtle Avenue Clearwater, Florida 33758 (727) 562-4547 F. Development Schedule Each Proposer shall submit a proposed design, city review and construction calendar schedule. It is the desire of the CRA that this redevelopment project is under construction by no later than first quarter of2004. 6 G. Environmental Issues The CRA and City are not aware of any soil or groundwater contamination that may adversely affect development. The CRA will perform a Phase I and Phase II Assessment of the Site; at they're cost, prior to close of escrow. DEVELOPMENT NEGOTIATIONS The selected Proposer shall enter into a binding Development Agreement with the CRA, which shall outline the purchase and disposition of the subject Site, the underlying project development design parameters agreed to by the CRA and City, any incentives offered by the City to the Proposer, and the terms and conditions agreed to by the Proposer and the City for the inclusion of ground floor public parking to be maintained and operated by the city. The selected Proposer shall be requested to make a presentation to the CRA prior to their formal selection by the CRA as the designated development team (time and location to be announced). DEVELOPMENT INCENTIVE Due to the importance ofthis particular downtown infill redevelopment Site, it is the intention of the CRA and the City to negotiate certain development "incentive" which might include, but not be limited to, the waiving of certain Impact Fees, and perhaps a discussion on the use of Tax Increment rebates for the city portion of the Project's annual real estate taxes for a set number of years. The project would also be eligible Enterprise Zone Incentives. GENERAL CONDITIONS The CRA, in its sole and absolute discretion, with or without cause, and without liability of any kind to any Proposer, reserves the right to: - Accept or reject any and/or all proposals, either in whole or in part, waive any informality of any proposals, cancel this RFP at any time and/or take any action in the best interest ofthe CRA or City. The CRA's decision in all matters shall be fmal; - Retain all proposals for official record purposes, including a copy ofthe selected Proposer's proposal and supporting documentation, and/or use them in whatever manner it deems appropriate; - Elect not to accept any request by any Proposer to correct errors or omissions in any information, calculations or competitive price(s) submitted once a proposal is received; 7 Investigate the financial capability, integrity, experience and quality of performance of each Proposer including all principals; - Request an oral presentation from any Proposer; and - Request any additional information from any Proposer 8 Tarapani. Cyndi From: Sent: To: Cc: Subject: Owens, Reginald W. Monday, April 21 ,20039:31 AM Tarapani, Cyndi Campos, Geraldine; Harriger, Sandy; Phillips, Sue; Akin, Pam RE: Downtown Project Best guess time frame on them meeting with you, meeting of the minds on their design - submittal of a site plan application, review, and approval for a building permit - they are under the gun to get into new space - so they are looking at the idea of moving ahead with design and construcution drawings even though they might not be the ultimate company selcted once the RFP's are returned - if they do not do this, then they will be unable to move forward - so they would like a timetable within which they might make some intial decisions on this process. They are less worried about the land plan change as that will be a mute point once your new plan is adopted (am I right?) - thanks -----Original Message----- From: Tarapani, Cyndi Sent: Monday, April 21, 20038:50 AM To: Owens, Reginald W. Cc: Harriger, Sandy; Phillips, Sue; Brumback, Garry; Campos, Geraldine; Akin, Pam Subject: RE: Downtown Project Reg-thanks for the update. I look forward to exploring some design options with the developer and his architect. Regarding the time frames, could you please identify the work items that you need time frames on? I am not sure which issues you need clarification on. Re the final schedule from the County on the adoption of the Plan and TIF, we are awaiting a response from Gordon and David-but expect that the final adoption will move back at least one month. The County is insisting that the Redevelopment plan go to the Board first, then the next month, the Land Use Plan to the PPC and then back to the Board sitting as the CPA. Gordon is back in the office tomorrow so we will press to get the final answer from him in writing. I hope this helps and I will let all know when we get a response from the County staff. Thanks. Cyndi Tarapani Planning Director (727) 562-4547 ctarapan@clearwater-fl.com -----Original Message----- From: Owens, Reginald W. Sent: Friday, April 18, 2003 2:48 PM To: Tarapani, Cyndi Cc: Harriger, Sandy; Phillips, Sue; Brumback, Garry; Campos, Geraldine; Akin, Pam Subject: Downtown Project Cyndi The Station Square investors asked for a meeting today with me to discuss how we are moving ahead with the RFP process for June. We covered some of the points discussed at our group meeting this week, and they are in agreement that they wish to move forward as a participant in the future RFP. The investor was also comfortable with the idea that it was time for them to sit down with Planning - so they have instructed their architect to work up a more complete site plan and elevation drawing highlighting their design concepts. Once complete (a couple of weeks) they will schedule a meeting with you, so you can review their design thoughts and provide guidance and input - I will not be Dresent at that meetina so yOU can have the latitude of 1 puttina forth your professionanl1oughts without ED getting into the desianlDI~mning end of it - I now know this is the Manaaer's preference. One favor - they indicated today that the only thing which could affect their interest is their critical need for this new space as they are expanding rapidly; so they have asked me to put together a "fast track" schedule taking into account a best case scenario from today, to actually being able to pull a permit (if they are chosen for the project) - I would appreciate some time line estimates (fastest possible) input from your end as it would be helpful as I put together the RFP for Ralph's and Pam's review. 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RETAIL I PARKING r,v6~ ~ 1 ~v ~ C1' 9Zl ,-, ~ 0 - ~. ~ 6tl CD -- -- ~ 9tl ltl N N N (j) 9tl n L() StL n ~ frtl ..q- I- ttl 9tl w n CO ~ L() W ..q- et: 9tL 0 LO ~ I- CD LOL (f) I'--- I'--- ~ n L() ex) ~ eOl <( LO tOL et: OOl 0 ^ OJ L() et: N ::> .0 90/ 0 l() ~ frOl <( .., 9fr9 (f) l'-. ..-- -1 ..-- '" Ofr9 6fr9 ~ '" lfr9 -- 03^V lS'v'3 9fr9 a CD a 6S9 N ~ ~ @ I'--- 9S9 n ,- l- b SS9 I") w .... tS 9 .q- CD eZ9 w ;., 6Z9. 0:: ~ 10 ,- l- .q- LZ9 (f) \.. L[) ~ @ (f) SZ9 LO ~ ..q- en tZg IC) 6t9 U ~ c-I - LO 9 t9 I'--- 0:: W 0 --J z W I .,- n ~ N t09 """"" I'--- -- ~ C\') oz~ ~g6~ a C\') 96g ~LZt I ~ N30tl'v'~ --3^ 'v' L[) frS9 -0 (j). - -<-' OQ) LO > \.Q co f'. 0 tS9 E [ - I co "'\t ~ Z 0"- -<-' .-- <( nO .,-......c - OS9 -1 lZ 9 J, CIl n W N ~ eg9 > I ~pani. Cyndi From: Sent: To: Cc: Subject: Tarapani, Cyndi Monday, April 14, 2003 1 :12 PM Wilson, Denise A.; Phillips, Sue; Harriger, Sandy; Owens, Reginald W. Akin, Pam Station Square Response According to Garry's direction, I am sending you all my response to Reg's memorandum on Station Square in anticipation of a meeting being set to discuss these issues. Please let me know if you want me to coordinate the meeting or if someone else will do so. I have included Pam in the distribution due to the many legal issues involved. Thanks. ~ Station square response.doc Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com ~ Clearwater o Interoffice Correspondence Sheet TO: BILL HORNE, CITY MANAGER GARRY BRUMBACK, ASSISTANT CITY MANAGER RALPH STONE, ASSISTANT CITY MANAGER REG OWENS, ECONOMIC DEVELOPMENT DIRECTOR FROM: CYNDI TARAP ANI, PLANNING DIRECTOR RE: STATION SQUARE REDEVELOPMENT SITE DATE: APRIL 13,2003 This memorandum is in response to Reg Owens' statement regarding the Station Square Redevelopment site and the Planning Department's responses are organized in the order raised in his memorandum. Land Use Plan Amendment, Page 1 The site currently has the Public/Government plan category in the Downtown Redevelopment Plan. Private development of the site will require either a plan amendment to the current plan or development pursuant to the pending downtown plan update. When this issue was originally raised, I suggested that Reg develop a schedule identifying the major steps in the development process for this site including: issuance of the RFP and selection process, the due diligence by the developer after selection, contract negotiations between the city and developer and, finally, the site plan review process. A review of this schedule would allow the City to determine whether an amendment solely for this site was necessary or whether the new plan would be in place in time for the developer. To my knowledge, this has not been done, or at least that schedule has not been shared with the Planning Department. We believe that the downtown plan update will be in place in time for the developer, given our knowledge of the above major elements in the development process. In addition, due to the timing of this project, it is neither efficient nor effective to stop completion of the plan update to enable Planning staff to prepare an amendment solely for this site. Finally, we believe the adoption process for this single site may encounter difficulties in the review process with the County that may extend the adoption schedule or require additional ~~ ~,];;;;;ther to t;i. th~ndment in the update is more likely to achieve approval. lZi';;:'f 5 ,INn ~ )tf P/I a'i7)fIl. .,IA.,. )1'1 o/-I>~~'p~,,- Cleveland Street Building Face. Page 2 The Economic Development document incorrectly refers to a design request: this is incorrect since the developer has not prepared a conceptual plan or sketch that can be contemplated by the City. The Economic Development document also incorrectly characterizes the Planning Department opinion that leads to Economic Development's incorrect conclusions. The Planning Department has not said that retail or office uses MUST be located on all street facades. What we have said is that the preference for all major pedestrian streets and our most important street downtown would be for the Cleveland Street fa<;ade of the building to contain real uses for people rather than a parking garage. We asked the development team to review this city goal and explore alternative designs that would both meet our goal and their development goals. We are aware of design features that can mask a parking garage but that is not the best design solution if we are encouraging Cleveland Street to be an active street. A well designed parking garage may have a wonderful design that masks its function but the function still remains as a receptacle for cars rather than an office for people. No matter how well designed, a parking garage fronting on our most important pedestrian street will not contribute to a walkable active downtown. For one effective design solution to this problem, please review the conceptual design shown in Chapter 3, page 10 of Our Downtown prepared by Siemon Larsen. The Planning Department also recognizes that the Siemon Larsen solution is but one of many design solutions that will achieve the City's goals for Cleveland Street and we are open to reviewing and discussing other solutions. The Planning Department was invited to one meeting with the developer and his representatives at which we thought the purpose was to identify major issues and give general policy direction to the development team. In that meeting, the Planning Department did provide policy direction that included design issues; since there are many ways to design a building, we expected to have more discussion with the design team as the project progresses. That so far has not happened. The Planning Department thinks it is premature to make decisions on a design since the developer has not proposed a design for review nor has he initiated further discussions to fully explore varying design solutions that both meet the City's goals and his development goals. Building Setback. Pages 2-4 As stated above, the Planning Department believes it to be premature to make design decisions since there is no design to review or conceptual discussions continuing between the developer and the City. The design that Economic Development statement references resulted in two beer cans towering over Cleveland Street-agreed by all who saw it that it was clearly an inappropriate design. The policy guidance that the Planning Department gave to the developer is that the City Commission has adopted the Character District statement. The portion of the Downtown Core statement relative to this project is the following section found on page 2 of the Character Districts narrative: Page 2 of 5 Heights along Cleveland Street should respect and be consistent with the existing predominant historic building heights to the depth north and south from Cleveland Street as currently exists. Redevelopment on properties that extend beyond the Cleveland Street frontage shall retain the historic building pattern but may create higher construction stepping back from Cleveland Street. (Excerpt) When applying that policy guidance to this project, the site does have property that extends beyond the Cleveland Street frontage; in fact, the site extends north all the way to Laura Street. This additional land allows the project ample flexibility to expand the building height and footprint in such a manner that respects the existing historic pattern on Cleveland Street while making use of the additional off-Cleveland part of the site. Again, there are many design solutions that would be consistent with this goal but it is impossible to decide on a design absent a design prepared by the developer. One good suggestion by Economic Development staff was that the developer and design team prepare some massing alternatives to discuss in concept with Planning-this method would allow a review of alternatives before spending substantial design time on only one solution that might not be consistent with the downtown plan. To our knowledge, Economic Development has not followed up on this solution with the developer and the Planning Department. The statement in the Economic Development report that this section of the Character Districts was never debated by senior management is incorrect. A lengthy discussion was held in January, 2003 prior to submitting this document to the City Commission. In addition, the City Commission discussed the importance of the historic character of Cleveland Street at their January 27,2003 special meeting. Curb Cut. Page 4 The City has determined that Cleveland Street is our most important pedestrian street and we will be spending millions of dollars to improve this pedestrian experience. The current curb cut into the existing parking lot is the only curb cut along the three block main part of Cleveland from Osceola to East A venue. The City has an opportunity upon redevelopment of this parcel to make further improvements for pedestrians as well as insuring safety by eliminating the car/person conflict at the driveway. The new wayfinding signage will effectively direct public parkers to the garage. In addition to the Cleveland Street frontage, this site has frontage on Laura Street which can function effectively as the car entrance to the site. The proposed uses that are the most likely to use the parking garage are office and residential uses. Both of these uses are "repeat customers," that is, they will access the property on a regular basis so that the Laura Street garage entry will not deter them from using the garage or finding the site. Therefore, the Planning Department does not believe that the lack of a Cleveland Street entrance to the garage is necessary for the development. Most importantly, the value to the pedestrians in NOT having a driveway on Cleveland Street should outweigh any perceived desire by the developer for this driveway. Page 3 of 5 Building Desigp.. Pages 4-5 This is another topic where the Economic Development document incorrectly states the Planning Department's opinion. In the one meeting that the Planning Department has had with the development team, we discussed the design review process and we believe that it was clear that neither the Planning Department nor the City would prescribe a specific style of architecture, rather the design, regardless of the architecture style, should fit in with its surroundings. Design review is not a matter of one person's taste but rather of reviewing a project against the adopted design guidelines and consistent with all legal requirements. Design review is NOT a process as Economic Development suggests of "simply point out an example of an existing building...." The Planning Department believes it to be inappropriate for a city to dictate a specific style as the sole acceptable style and this direction is demeaning to an architect's professional creative abilities. The purpose of design guidelines is to provide guidance on how a new building can work within its context by relating the new building's scale, mass, site placement, materials, fenestration, etc to its surroundings. Again, the Planning Department believes it premature at this point in time to decide on a building design for this site. We believe it to be the role of the City to establish guidelines to provide policy direction to the development community and their designers and then to work with them to develop a design solution that meets the City's goals as well as the developer. The Planning Department is willing to work with all potential developers on design review issues prior to the RFP process and we believe it would be important to have some conceptual discussions with all potential developers prior to selection. The Planning Department is also willing and interested in working with the selected developer through the site plan and design review process that has worked well for the City for four years. Parking. Page 5 The philosophy of the Code is performance based that recognizes that site requirements may vary based on differences in development projects. Therefore, to allow the City the flexibility in review and recognize individual projects, the Code establishes ranges of site standards for setbacks, height and parking spaces among other variable items. Since the developer is requesting less parking that is generally required, he should document why his use is different and justifies the lower parking requirement. Since the minimum requirements are based on national standards of parking demand, the developer must document why his project is different from a national average. This justification can be based on the ITE Parking manual, a parking study of the same use in another city, a similar use, or other methodology to which the City and developer agree. Division 14 of the Code establishes this process and it is not a new process and has been working well since the Code was adopted. The issue of allowing the developer to reduce the number of spaces provided for the office and residential units to gain more spaces for public parking is irrelevant to the parking demand study described above. It is easily understandable that if not enough parking is allocated for the office and residential tenants within the garage, the office workers will park in the public spaces which defeats the purpose of having public parking. Page 4 of 5 Conclusion The Planning Department finds it unfortunate that so little meaningful discussion has occurred with the Economic Development Department on this issue. Planning has been invited to only one meeting with the developer and his representatives and that limited discussion cannot fully work out the varied issues on this site. There has been only one subsequent meeting between Planning and Economic Development regarding this site and Economic Development's proposal was to change the existing Character District document that has been approved by the City Commission. When the Planning Department attempted to provide general guidance to the developer that would hopefully lead to more detailed discussions should the developer be selected by the City, that guidance was rejected by Economic Development. All of the rest of the items that Economic Development raises in this memorandum are premature as the developer has not entered into negotiations with the Planning Department on the design review process or the site plan review process. It seems as if Economic Development is attempting to pre- determine an outcome without the developer going through the appropriate design and site plan review process, just like all redevelopment projects in the City. cc: Pam Akin, City Attorney Page 5 of 5 ~ani. Cyndi From: Sent: To: Subject: Tarapani, Cyndi Tuesday, March 18, 2003 12:26 PM Akin, Pam StQation Square Park-vesting provision Reg has asked questions about and is relying on the vested rights provision in the Code with regard to a potential developer on Station Square Park. I have some concerns about this and wanted to raise them with you. After your review, perhaps we could talk. The facts are: . the current REdevelopment Plan allows 5.0 FAR on the Station Square Park. . the proposed Redevelopment Plan will allow 4.0 FAR on the Station Square Park site along with the rest of the Downtown Core. . Reg desires to "vest" the developer at 5.0 FAR. I have read the vested rights provisions and am familiar generally with the law, in that a developer must have expended money; relied on the City's rules on a project to become vested. Reg has not explained to me the time frame for the sale of the property which I assume will be through RFP or RFQ so I cannot at this time determine whether or not the developer will have relied "enough" to be vested at the higher FAR. It is not clear to me what the schedule for this project is regarding timing of sale, timing of site plan; flex approval, start of construction, etc. I am also not sure if it would be proper for us to enter into a development agreement now and before the plan changes that vests the developer for the higher FAR. Many random thoughts but my impression is that Reg is relying now on the higher FAR as is the developer. Clearly, the difference is substantial to this project. While of course, I want to encourage redevelopment, I don't want to falsely raise hopes to use the vested rights provision if that is not the right tool for this situation. When you have a chance to review, let's talk. Thanks. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com 1 '!!!!pani, Cyndi From: Sent: To: Subject: Owens, Reginald W. Tuesday, March 18, 20033:17 PM Tarapani, Cyndi Station Square Design Issues Cyndi Attached are my comments on the design issues on the Station Square mixed use building. As per instructions from upstairs, we have addressed those issues which I think you and I will not reach consensus on without external input. I would appreciate it if you would add your comments in a separate file, and forward both to Ralph and Garry. Thanks 1 '!!!!'pani, Cyndi From: Sent: To: Cc: Subject: Owens, Reginald W. Tuesday, March 18,20033:41 PM Tarapani, Cyndi Campos, Geraldine Station Square Cyndi Attached are my comments on the design issues we are having trouble reaching concensus on - we have been instructed by the ACM's to both write out our opinions and then forward them to Garry and Ralph. I would appreciate it if you would note your comments in a separate file and then send both on. ~ planning letter.DOC Thanks 1 fZ '8tt1t1 , 11?hU/t1I:/ t:tU# mtt1 J.Iy Economic Development Department Position - March 18, 2003 The purpose of this memorandum, in accordance with instructions from the Assistant City Managers, is to provide background information on a major project were ED & Planning are having difficulty on reaching consensus on design and development issues. Project The Station Square project is a twelve to fifteen story infIll building envisioned for a 35,969 +/- square foot site now used by the CRA as a public parking lot. This building would be the first substantial development in downtown for two decades. The first four levels of the building would be a parking structure, with 5,000 square feet of retail and a restaurant on the ground floor facing Cleveland Street (parking would be behind these ground floor uses). The next two levels would be 50,000 square feet of corporate office space, and then the remaining floors for 40 + condominium units. As envisioned from the preliminary drawings, there would be 100 parking spaces for the office (two spaces per 1,000 GFA), 80 spaces for the condominiums (two per unit), and about 70 + excess spaces that could be used by the public. The CRA would do an RFP for the site, and sell the site to the preferred respondent, and then use the sale proceeds to buy into a certain amount of public parking spaces. Following are a few design issues that ED has noted from discussions with PD, and with the developer who has expressed interest in the site (note: the developer is aware that he is spending money prior to the RFP, but feels the process is required for him to define the development costs). The developer has requested that the city internally reach a direction on these issues ) /U?f ~Jh before he instructs his architect to proceed, as he recognizes that these are not ordinance Iv @ re~u~eme~ts, but PD is. putting th:m forth as items upon which they will render an ct/7IP opmlon prIor to approvmg the project. ~iA<..J ~ Please note at this time this underlying district as stated in the Downtown Plan, allows for ~ 5 FAR/15stories170 du's acre, and no street setback requirement. Land Use Plan Amendment ~. The developer wishes assurance that the Planning Department (PD) will proceed rapidly /'JOI'~ with whatever process is required with the County to change this site's land use ?/WJ1hJk.e designation to an appropriate designation (I think it is currently governmental or ~ /BP institutional). This is an arena the developer is totally unfamiliar with, but he is ~ concerned that it could be a deal breaker if it takes longer than six months to change. ~ II' kIIi( Therefore he would like assurance from PD that this wiifbe treated as a critical work element with a defined schedule. 1 Cleveland Street Building Face Design Request: The developer/architect is more than willing to design a building that recognizes our desire to present a smaller scale face onto Cleveland Street, but he also recognizes that his first four floors will be parking. As envisioned by the developer, the front portion of the first floor face would be a retaiVrestaurant use, with parking behind, while the second third, and fourth level would be totally devoted to parking with a well designed faux front on the face adjacent to Cleveland. I hatIt ~ PD has envisioned that all floors facing Cleveland Street need to have a "use" (i.e. matte retaiVoffice/etc), and that we cannot have a garage on the second, third and fourth floor 'hIP/V: faCing....Clevelaa~ ~ nw ~~ ~'l71Jt tfs/ii. is ~kable above the first floor, because in effect it means that PD is asking them ! to build a small office or retail use on the second, third and fourth level of each garage floor. This is impractical from a corporate office perspective as it would be disjointed space, and it could force them to have to build an additional level of garage to make up the lost parking spaces. Also, there is absolutely no demand for any retail above the street level. ~ () )?/tt1J? ~ /Ja};tp: ~UJ~ Instead, the architect indicates that it is a normal design process to simply design the second, third and fourth level of the garage with an attractive faux front facing onto Cleveland Street. A technique done time and again in many downtowns such as St. Pete and Winter Park. The developer has noted that he finds this request unusual, as he cannot identify any city owned or privately owned parking structure that incorporates this requested feature. ED Opinion We concur with the architect/developer, as it is difficult to conceive any practical retail or office use that could be tucked into a parking floor of a garage in an urban building with no demand for retail above the ground floor. ~ ~~ ~ Building Setback Design Issue {Ilo p/IJ Ik/ The developer/architect envisions a building that would have four levels of parking dJ/JAl A~ It) abutting Cleveland Street, with the first floor off of Cleveland Street having a {)[;:~ r~taiVrestaurant profile. /J1/? ~s envisioned, the first two floors would abut right up to the sidewalk on Cleveland. Then the third through fifth floors would each be set back by the width of a normal urban balcony (1 0 feet). Above the fifth floor the remaining tower would commence. Under 2 this scenario, by the time you reach the base of the tower on the sixth floor, the tower proper would be about 50 feet set back from Cleveland Street, thereby creating a wedding cake design. PD Design Statement The PD is indicating that the new Character District document stipulates that the building portion abutting Cleveland Street should be in scale with the small two story building lying immediately east ofthe site, even though just west ofthe site lies the Bank of America Building and Clearwater Tower, each at 157 feet height, and abutting the sidewalks. Further PD believes that the main tower portion ofthe building should be set back from Cleveland by the full length of this small building (100 feet). In other words, we would have a two-story building/garage abutting Cleveland Street, and then a dramatic 100-foot rooftop setback, and then the 3rd to 15th floor ofthe garage/office and condo tower could commence. In effect, this deprives the developer of 14,000 square feet of vertical building space out of an overall site of35,000 square feet. Furthermore, once back 100 feet; he is left with a parcel that is only 130 feet deep to build his tower portion on. In addition, building parking spaces on the third and fourth floor with such a limited depth is extremely difficult and does not make economic sense. In fairness to PD, they have stated that this "depth" request might actually be excessive and make it difficult to build the project, but they want the architect to go through the exercise to see if it works. If it does not, then a reduced setback can be discussed through subsequent design submittals, until such time PD finds a certain setback acceptable. This process does not encourage development, and is simply asking the developer to spend excessive monies to satisfy an issue that PD should be plainly stating in published guidelines. ED Opinion wW~ This borders on an issue of property rights. Currently we have no ordinance in place that requires any such setback. As envisioned by PD, the "depth" of any adjacent existing older building would dictate all new infill development along Cleveland Street. This language is now in the draft Character District document, and is an issue that was never deb.aied by senior management before being incorporated into the document (we need to revisit this)~ Most importantly, this is an unnecessary setback request. Once a building starts a normal staggered setback from the second or third floor off of Cleveland Street, the building scale would not negatively impact the pedestrian scale of the street. At the very least, PD needs to stipulate a "reasonable" per floor setback up front based on sound principles, and apply this uniformly for all new buildings which might infill along Cleveland Street. It should not, however, be tied to the depth of any adjacent building, 3 particularly as the buildings along Cleveland have varying depths which have absolutely no relationship to "design," but simply existed because some businessman decided he needed a particular depth. Curb Cut Design Request The developer wishes to maintain the existing right -in curb cut off of Cleveland into his future parking garage. His argument is that the curb cut currently exists, it provides access to the only parking area which can directly serve the retail businesses along Cleveland Street and the functions staged at Station Square Park, and his future residents in the condominiums need this access address off of Cleveland, rather than being shunted off to Laurel Street or having to direct their guest to this secondary street. ED Opinion This is all about perception. The retailers along Cleveland Street already feel a lack of immediate parking, and they view this curb cut into this lot as an important feature for westbound traffic coming into downtown. Further we support the perception that a condominium resident would want access off of Cleveland Street as they come home, or invite guests to their home or office; and this far outweighs any concerns ofPD that such a curb cut would be problematic for pedestrians. It is not a concern now to pedestrians. Building Design Design Request ~. . The developer/architec! ~ asked PD to provide them wi~h. guidance on the architectural ~fJ)tt1. fld style they want, as PD mdlcated they would render an opmlOn. They are concerned that /1J@ (W they could expend large sums going through alternative designs without satisfying PD's Y7/)~/J,.r, jAl_./ taste. __ rY'vf,l-lUfIFP" /r1"i1/1',,;li'~ tfh;~ ,? Basically they would like to know if they want a traditional building, a Mediterranean ~ / /l7... design with pastel colors, a modem building, etc. Simply point out an example of an 'VJ(,~ (/ {/ existing building, show a photograph, colors, etc. /;!fJ%n)/)JbtfhnJE O'.~ v"""r~ - - EUOplllion Our concern lies with the perception that PD staff has the intrinsic right to define a building style, without providing written guidelines. As you look around the urban downtown, we see a city owned library that is ultra modern, a church that is Mediterranean/Floridian, an office tower which is glass and steel, and so on. 4 IfPD wants a certain design, then they need to provide specific guidelines by text or physical example, otherwise it is totally unfair to put an architect through costly designs alternatives. Parking As envisioned, the developer would meet the code standards for parking for his office and condo units, and PD has already agreed that he does not have to provide parking spaces for his restaurant or retail. However, ED and the developer are confused over PD's interpretation that the code requirement of 1- 3 spaces for offices, is actually interpreted by PD to mean that the "higher" requirement in the 1-3 spread is actually the "minimum" required (Bluewater Bay raised this issue also), and that one needs to do a study to justify a lower limit (the developer is proposing 2 spaces per 1,000 GF A of office, as his space is a single-tenant space for his own employees. Conversely, he is proposing 2 spaces per condo unit as the market demands two spaces, even though our code only requires 1-1.5 spaces per unit). ED Opinion Our bottom line is as follows - the developer thinks he can fit in about 250 spaces into the project on four floors of garage - so ifhe allocates the higher limits for offices (3/1,000 GFA) or 150 spaces, and 60 for condos (1.5/unit) we have a total of21O spaces. This would mean we have about 40 spaces left for general public use. Or do we be more realistic and let him go at 2/1000GFA for office and 2/unit, and have upwards of70 spaces left for public use. 5 ~?, ()~ 7~/fI.~/4~ 1flo/l~1o~~ 51)/ ~~ ~ !~~.~ ~~ /!fr '1d4J~i ... V~r)t/J15WJJ,7f)( fur ~() ~ -pen ~1>hlJr/l/4 ... ~~~~ :hJab?f;)~? STATION SQUARE CALCULATIONS - John Marshall Scott Architects/Ed Department 3/4/03 Site Size 36,195 sq.ft or 0.83 acres FAR 5 Density 70 units/acre Priority = Office Space = 50,000 sq.ft )~ 2nd Priority = Retail = 5,000 sq.ft 3rd Priority = Condominiums FAR = 36,195 x 5 = 180,975 square fee Minus Office 50,000 = 130,975 square feet Minus Retail = 125,975 square feet Office & retail = 30.4% of the allowable FAR, leaving 69.4 % of FAR allowance for Condominiums Condominium calculations; Based on 70/units per acre the maximum potential for condominiums are 58 units (70 times 0.83 acres = 58.1 units) Therefore: 69.4% ofthe 58 units = 40 units Project = 55,000 square feet of office, 5,000 square feet of retail, and 40 condominium units. park}::r~ ~fJ .fI)~C.1 Condominiums = 80 spaces/(two per unit (1 to 1.5 per unit required) ~ Office = 100 spaces (1-3 spaces per 1,000 GFA required)) ~ (ODD ~ (Restaurant ~ 3,000 square reet ~ 30 spaces (5 to 15 per 1,000 OJA required)) 10ltOeD lE-etail = 2,000 square feet = 6 spaces (2-4 spaces per 1,000 GFA required)) ~ltDOO Total required = 216 spaces Total Proposed = 252 +/- Assumptions = balconies/terraces/open space/parking spaces not included in calculation r- .!!!!,pani, Cyndi From: Sent: To: Cc: Subject: Owens, Reginald W. Wednesday, February 26, 2003 4:39 PM Tarapani, Cyndi Dunbar, Kevin E.; Bruch, Tracey; Campos, Geraldine; Harriger, Sandy FW: Station Square Project Cyndi I am forwarding this to you, so you are aware that I have asked Ralph for clarification on certain of the questions which were raised and which the developer asked me for clarification after the meeting. I also feel that this is project raises questions which will require from Garry and Ralph and Pam. Thanks for your input this afternoon - it obviously raised many questions we need to clarify. Mr. LeLe does wish to proceed as soon as feasible with a site plan application, right after the RFP process, as he is constrained at his current location. Thanks -----Original Message----- From: OWens, Reginald W. Sent: Wednesday, February 26, 2003 4:32 PM To: Harriger, Sandy SUbject: Station Square Project Ralph/As CRA Director: FYI - this afternoon planning/Ed/ParkslParking had a good meeting Uday LeLe who is proposing to build a mixed land use project on Station Square - a parcel currently owned by the CRA as an infill site. Under the initial terms and conditions being discussed, Mr. LeLe would respond to our site specific RFP, and if the successful bidder, then commence development of a mixed use project consisting of his HQ office (2 stories) five floors of condominiums, and up to three or four stories of parking, along with limited retail/restaurant. It is Mr. Lele understanding that he would buy the parcel from the CRA at fair market value (appraised initially at $15 per square foot/$540,OOO), and the CRA/City might then leaseback or purchase parking spaces. It is also Mr. LeLe's understanding that the CRA would involve itself in Impact and Permit Fees, and be open to a discussion on site specific tax increment for a negotiated number of years - if this is done, he understands it might create added value to the city for added parking spaces. Our meeting today was very useful, but it did raise certain issues which Mr. LeLe would like ED to respond to. Questions which I do not think Planning or ED can answer without outside counsel. I had a wrap up discission with the developer after the meeting and he had the following questions: 1. Mr. LeLe would like clarification on having the right to have a right-in only driveway off of Cleveland (his architect positioned the driveway so only a right in can be achieved) - who has jurisdiction on this decision. He is willing to accept a concensus decision, but want to know if it is by ordinance or simply a policy decision. Obviously this has markting ramifications to him. 2. Mr. LeLe understands that we are in flux in preparing a new Downtown Development Plan, but wants assurance that he could proceed now with a site plan application under the 1995 Plan at 5 FAR and 15 Stories high. Afterthe meeting he indicated he would like to adhere to these 1995 standards but want's city concurrence that they will support this right. 3. Mr. LeLe understands from our meeting that the Future Land Use Plan identifies this parcel as "governmental/limited retail" but wants assurance that the city would support his plans and help expedite any County Plan amendment process. 4. Mr. LeLe understands that the city would like to see a 2-3 story profile on Cleveland Street, but after the meeting 1 stated he felt that the city needs to st1'fJiJlate how far back he must proceed before-"fie can go high-rise. He felt it was inappropriate to measure this step back simply by looking at what depth existed at the adjoining building, which in this case is a insignificant structure. 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Z400D.~ lrfp mr~ -J. ~/~lqI- I~~ . . . 1tf,tUn 7WnP1?~ _ jJ, .., . ~#7?N'/ttlJ! Y1. _ f.ldi!c.~(J'v; btK:t~/b<- /f#It/I ~ 1/;. m~~ . .. ?51J'.~~?bb~t2P/!3 o o ---- -I I I -..- - --. ------- --- -- - - -- - - -- QALCULATIONL~ _~_ CONDOMINIUMS - 56 UNITS OFFICE - 58.000 sq ft RETAIL - 3,664 sq ft RESTAURANT - 2,773 sq ft PARKING - 252 SPACES """'" o I C\I ,.... +------ t- o I o ,.... o . C\I ,.... ,.... = I 0, ~I I I =f 61 ,....+-- I o . o o. 61 ~! i 4- = I 01 -' I O. ""'1 o I o ,.... o . o ,.... ~I I ROOF PENTHOUSE - 4 UNITS PER TOWER CONDOMINIUM - 6 UNITS PER TOWER CONDOMINIUM - 6 UNITS PER TOWER CONDOMINIUM - 6 UNITS PER TOWER CONDOMINIUM - 6 UNITS PER TOWER OFFICE OFFICE PARKING PARKING PARKING RESTAURANT I RETAIL I PARKING o ~'> . -, -. - - - - --, -' .~-: . ..... '..,. o EXISTING 12 STORY BUILDING LAURA STREET EXISTING 6 STORY PARKING GARAGE + t 9 EXISTING 12 STORY. BUILDING RAMP UP__ I I lEVEl 1 . 49 SPACES lEVEL 2 . 67 SPACES lEVEL 3 . 69 SPACES TOTAL. 185 SPACES RETAil SPACE ~ I 1.623 sq" ~ I o EXISTING PARK I 0 EXISTING 3 STORY I RESTAURANT BUILDING 2.msq" 1..... ~ 10 0 RETAil SPACE RETAil 1,150 sq" SPACE 10 891sq" . 0 ;0 I ."IIJ, N '1' SITE PLAN SCALE: 1"=30'-0" o ~'i;jl~~~~,~~r,W~~;\~:;... .. o .- . ;' ::', ~';;.. /..,:, ~":""'~...," " J EXISTING 12 STORY BUILDING LAURA STREET EXISTING 6 STORY PARKING GARAGE I I EXISTING 12 STORY. BUILDING o EXISTING PARK EXISTING 3 STORY BUILDING N /f' TYPICAL CONDOMINIUM LEVEL PLAN SCALE: 1"=30'-0" o EXISTING PARK EXISTING 12 STORY BUILDING EXIST1NG 6 STORY PARKING GARAGE EXISTING 12 STORy., BUIlDING o I 1 I I It]) IE) o N /f' SITE PLAN LAURA STREET ~ RAMP UP__ lEVa 1 . 49 SPACES LEVa 2 . 67 SPACES ~i~.ll~~~ ~~ RETAIL SPACE 1,623 sq 0 0() 0() I I I EX~Y I \ I 0.. . ....:.:::-, RESTAURANT 2,773 sq 0 o o RETAIL SPACE 1,150sqO RETAIL SPACE 691 sqO t ~-- EXISTING 12 STORY BUILDING / I~~::C- I, '\\ \\ \\ \\ \, LAURA STREET ~ EXBTING 8 STORY PARKING GARAGE j ,~ EX~~STORYs I 0,", :_~~.;~}:_-- <\~'" '~~'\~ -+~ I I I I (fJ a__ I I 10 I() () 0,,,, --''/i--.--- () 0.. 7'.>~ EXISTING 3 STORY I BUILDING N ~- TYPICAL CONDOMINIUM LEVEL PLAN SCALE: 1"=30'-0" Tarapani, Cyndi From: Sent: To: Subject: Owens, Reginald W. Thursday, February 06, 2003 2:43 PM Tarapani, Cyndi FW: Station Square CRA Redevelopment Site Cyndi Just to soften the feeling that I bypassed you on this project, please realize just how new it is (as per this e-mail to earl). Also please note that you were copied. It was my intention to meet with planning to discuss this, but not before ED had the opportunity to talk to the investor and architect alone (note - this meeting was not even occurring until this morning as per my e-mail note below - and this meeting has actually now been moved to sometime next week). ED's job is to attract new projects and we do this partly by emphasize the positive nature of the deal. Having planning appear as a regulatory department in our first meetings is not always a productive move. As of today Cyndi, you know as much as ED does about how this project is going to fall out - I will forward next weeks meeting options to you. We can discuss this in more detail tomorrow. Thanks -----Original Message----- From: Owens, Reginald W. Sent: Monday, February 03,20033:32 PM To: Barrett, Earl Cc: Hufford, Diane; Harriger, Sandy; Dunbar, Kevin E.; Bruch, Tracey; Tarapani, Cyndi; Akin, Pam; Phillips, Sue; Phillips, Sue; Campos, Geraldine Subject: Station Square CRA Redevelopment Site Earl I would appreciate it if you would proceed with retaining two appraisals for a piece of CRA property lying adjacent to Station Square Park - currently being used as a metered parking lot - the highest and best use is either as an office site or a mixed land use site (retail/office/parking/residential) - please e-mail me the cost and the appraiser's name and work product schedule. As the CRA owns the land we intend to do a site specific RFP and negotiate fair market value. Legal: Gould & Ewing's 2nd Add Blk 19, Lots 4,5,6,7,8,9 - 16/29/15/32292/019/0040 Size; Approx: 35,875 square feet Zoning: "0" For everyone's FYI: ED is working with an investor who is proposing to build a two level + parking deck, ground floor retail shops/restaurant space facing Station Square and Cleveland, a small2-level corporate HQ office space, and multiple levels of condominiums or lofts - probably a total of 8-10 stories. In concert with our vision for downtown Cleveland Street, the building would have a two-story street facade, and then wedding cake back with balconies away from Cleveland, the 1 design would also consider its relatior,t;jlip to Station Square at the ground level. As it is important for the city to retain at least the ground floor parking, perhaps even more, we are anticipating that we will buy back into the parking portion using the proceeds from the sale of the parcel. We are scheduled for February 19th at 11 :00 for BPRC and the investor has retained an architect who will begin working with us this Thursday at an 8:30 am meeting in ED This is a key redevelopment for downtown, and I will keep all appraised. Thanks 2 '!:!!:!pani, Cyndi Subject: Owens, Reginald W. Monday, February 03, 20033:32 PM Barrett, Earl Hufford, Diane; Harriger, Sandy; Dunbar, Kevin E.; Bruch, Tracey; Tarapani, Cyndi; Akin, Pam; Phillips, Sue; Phillips, Sue; Campos, Geraldine Station Square CRA Redevelopment Site From: Sent: To: Cc: Earl I would appreciate it if you would proceed with retaining two appraisals for a piece of CRA property lying adjacent to Station Square Park - currently being used as a metered parking lot - the highest and best use is either as an office site or a mixed land use site (retail/officelparking/residential) - please e-mail me the cost and the appraiser's name and work product schedule. As the CRA owns the land we intend to do a site specific RFP and negotiate fair market value. Legal: Gould & Ewing's 2nd Add Blk 19, Lots 4,5,6,7,8,9 - 16/29/15/32292/019/0040 Size; Approx: 35,875 square feet Zoning: "0" For everyone's FYI: ED is working with an investor who is proposing to build a two level + parking deck, ground floor retail shops/restaurant space facing Station Square and Cleveland, a small 2-level corporate HQ office space, and multiple levels of condominiums or lofts - probably a total of 8-10 stories. In concert with our vision for downtown Cleveland Street, the building would have a two-story street facade, and then wedding cake back with balconies away from Cleveland, the design would also consider its relationship to Station Square at the ground level. As it is important for the city to retain at least the ground floor parking, perhaps even more, we are anticipating that we will buy back into the parking portion using the proceeds from the sale of the parcel. We are scheduled for February 19th at 11 :00 for BPRC and the investor has retained an architect who will begin working with us this Thursday at an 8:30 am meeting in ED This is a key redevelopment for downtown, and I will keep all appraised. Thanks 1 ~~ ~ ~ .~~~~ ~ ~ ~~~~~ ,~~~ CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPMENT REviEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUn.DING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 October 27, 2003 Mr. Brian Murphy Beck Development, LLC. 5100 West Kennedy Boulevard Suite 251 Tampa, FL 33609 RE: Applications for Flexible Development approval (FLD2003-10056) to permit a building within the required sight visibility triangles, reduce the required number of parking spaces from 388 spaces to 226 spaces, increase the permitted height from 30 feet to 158 feet and increase the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Downtown Plan area density pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C. Dear Mr. Murphy: The Planning staff has reviewed your applications Flexible Development as outlined above at 628 Cleveland Street. After a preliminary review of the submitted documents, staff has determined that the application is complete. The following items /data are required: 1. Confirm the number of proposed dwelling units. The applications lists 146 units where the site plan data table lists 145 units; 2. Provide all math confirming that this project requires 84 dwelling units from the density pool; 3. Provide the gross floor area of the building. The data table has a figure of 34,090 square feet. If that is the gross floor area label as such; 4. Provide the square footage of the footprint; 5. Adjust your date table to reflect accurate parking requirements as follows: a. 9,904 square feet of restaurant at 15 spaces per 1,000 square feet of GFA = 149 required spaces not 157 spaces; b. 5,096 square feet of retail sales and service at four spaces per 1,000 square feet of GFA = 20 required spaces not 18 spaces; c. Total = 219 spaces (based on 146 dwelling units) + 149 spaces + 20 spaces = 388 spaces required. 6. Provide the existing number of parking spaces; BRIAN J. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BIl.L]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 110 October 27, 2003 Murphy - Page Two 7. Clarify the size of the site: 0.97 acres equals 42,253 square feet not 42,365 square feet as listed on the application and site plan; 8. It is not clear what the parking demand study shows - this needs to be clarified. In other words outline more fully the concept of "internal capture"; 9. Indicate all outdoor lighting fixtures on the s~te plan; 10. Indicate the sidewalk on the north side of the site along Laura Street; 11. Provide existing FAR; 12. Provide existing ISR; 13. Accurately portray the sight visibility triangles along the property line; and 14. Clarify/confirm that all proposed signage (or at least the space in which they will be located) has been accurately portrayed (indicate dimensions). The Development Review Committee (DRC) will review the application for sufficiency on December 4, 2003 in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherrie Nicodemus, Administrative Analyst at 727.562.4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your client must be present to answer any questions that the DRC may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4558. zoning information for parcels within the City through http://www.myclearwater.com/. You can access our website: Sincerely, ~ Mark T. Parry Planner / S:\Planning DepartmenflC D B\FleXIPending cases\Up for the next DRC\Cleveland 628 Beck DevelopmenflCleveland 628 Complete Letter.doc ~"'d > ~~~~ ~ - ~ "I "I - "I Il:l ~ ~ ~ ~ ~ "I = ~ ~ ~ ~::I. ~ > ~a l!!j ~ "I ~ = .... ~ ~ '"l~ ~ ~ ;' ~~ = = ~ z=- = ~ a l!!j '='" :tD ~ n = ~ 1: {I:l ~ ~ I-ll-ltH "'Cl ~. ~ ~ ~ ~ @@q ~ ~ ~ ~ .... ~ a ~ {I:l lJI CH ~. ~~ = N {I:lfA{I:lfA ~ ~ ~. I-l .... = tHUI........ {IJ -..JUllJI= n liI9li19 0000 ~ QOlJI = =tH ==== Il:l = ~~ ~ ~ :=H!~ ~ ~ 8 = ~ '= t'"'l =-~~;-~ {IJ a = ~ l'Jj ~> =00 {lJa ~ {IJ"'Cl ~{IJ ~"'Cl .... "I ~ {IJ =""'Cl ~ = 5. = ~ "I ~ ~ g = ~ ~ ~. "'d ~ ~ {IJ ~ !. ~ =-"1 00 .. .... 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Address/L~cati on: j;' [: r 628 Cleveland St. Clearwater, FL ~l ' Calculation~ i;. Schedule "Bl~:rates Exis~~ng building area - l't floor: 5,0113 sq.ft. ~f 2nd fl . 2 85- f j! oor. , I sq. t. !;' 3rd floor: 5/08~ sq.ft. Prev!~~us use: 1st and 2nd floor: Sit dOliln 'estaurant L 3rd floor: General offic ~ Prop~$al: Condominiums \: General Commercial i: r Restaurant .;.- CRl~D IT I~: '-~r~- ,., " t - I - > " - - - --- -- ~- - 1,940 5,083 $2,491/1000sq.f1. $2,16511 OOOsq,fi. Sit lown Restaur.~t -- .- , iener 31 Office [~ !.;1' ;; $19,778.54 $11,004.695 ( on do niniums r -- ~.: Cier eral C:ommerdil~J -- {I: Reslalant with Me~:nlne == !::i ;i 146 4,840 4,600+5,560 $168 ! $112,128.00 $1,100/1 ,000sq.f: $8,228.00 $2,491/1000sq-ft $25,308.56 Total: $145,664.56 i I !:, !: :: .:' i. !i: ,,' .... - ~... a, j ~ . 11/24/2013 11:51 -- 72756247f ~~: i~ I" !" i~ I: '.' .' Tra'ffic r~ct Fee Due ($): ;: Credit(s) ($): I, ~tOT AL Owed($): Ini~i~ls of Evaluator: 1: i: Si9n~ture of Evaluator: !.: i ~ ~~ : I'" f: f: ., !:: :,' :; 1:: ii- i:' " .., " r. r h. I' I' f: i; f !: i' [:. r' j', i. ; . ~ . i:: I: ,.' r:.: !: i:; I, t; I: i:.' (' f: I'; , , r: i: ;': i.' r~ I' I': r I I. I: ( $145,664.56 -S30, 782 ~ $114,881.3 B~ ~~~ ENG -- 3E . 03/03 Date: Case Number: Owner/Applicant: Representative: Address: January 20,2004 FLD2003-10056 Community Redevelopment Agency Tone 40, LtcL Brian Murphv - Beck Development, LLC. 628 Cleveland Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a mixed-use development and a building within the required sight visibility triangles along Laura Street, reduction of the required number of parking spaces from 388 spaces to 226 spaces, an increase the permitted height from 30 feet to 158 feet and an increase of the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan area Public Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202. G. EXISTING ZONING / LAND USE: D, Downtown District CDB, Central Business District Classification CLEARWATER DOWNTOWN REDEVELOPMENT PLAN CHARACTER DISTRICT: Downtown Core (Pending final County approval on February 4, 2004) PROPERTY USE: Current Use: Parking lot/retail sales and service. Proposed Use: Mixed Use (146 attached dwellings, 5,096 square feet ofretail sales and service and 9,904 square feet ofrestaurant). ADJACENT ZONING/ LAND USE: North: Downtown District - Retail sales and service South: Downtown District - Retail sales and service East: Downtown District - Governmental use (Post Office) West: Downtown District - Park (Station Square Park) Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 1 ANAL YSIS: Site Location and Existing Conditions: The site is 0.97 acres located on the north side of Cleveland Street, approximately 500 feet west of North Myrtle A venue. It is a through lot with frontage along Cleveland and Laura Streets (south and north, respectively) and has been developed with a 13,000 square foot, three-story building constructed in 1933 and a 78-space, Community Redevelopment Agency (CRA)-owned, public parking lot. Two driveways currently provide access to the site with one driveway along the front (south) side of the site along Cleveland Street and a second along the front (north) side of the site along Laura Street. The existing building and parking spaces will be demolished with this proposal. This application for Flexible Development approval includes specific requests to permit a building within the required sight visibility triangles, reduce the required number of parking spaces from 388 spaces to 226 spaces, increase the permitted height from 30 feet to 158 feet and increase the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan Public Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C and a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings along the front (north and south) facades along Laura and Cleveland Streets, respectively, under the provisions of Section 3-1202. G. Proposal: The proposal includes a mixed-use development with 146 attached dwellings, 5,096 square feet of retail sales and service and 9,904 square feet of restaurant within a building 158 feet in height. The building will be located approximately 15 feet from the front (north) property line along Laura Street and within the required sight visibility triangles on either side of the driveway. Structured parking will be provided within the first three floors of the building. There will be 226 spaces provided for the residential and retail/restaurant uses, plus 100 unassigned public parking spaces on the first and second garage levels (326 total parking spaces). The total required parking for the residential and non-residential uses is 388 spaces where 226 spaces will be provided. The existing driveway along Cleveland Street will be removed with this proposal and a single driveway located at the northeast comer of the site along Laura Street will provide access to the site and building. The proposal includes the implementation of landscaping on the site coordinated with the City's proposed with the Streetscape and Wayfinding Master Plan and the proposed Station Square Park redevelopment. These projects are slated for installation between 2004 and 2006. The landscape plan should enhance the aesthetics of the site. The main entrance to the building will be along Cleveland Street and includes a formal, arched entrance upscale and elegant in character. The south elevation also incorporates colonnade elements with canopies. The proposed materials will be stucco and simulated coquina with natural colors. The design of the building steps back as elevation increases (at the third and seventh floors), creating interesting elevations along the skyline and provides for a building which will blend in with the existing scale of buildings along Cleveland Street. The Cleveland (south) and Laura Street (north) elevations will feature balconies, canopies and awnings on the first floor. The Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 2 multiple levels of structured parking will be camouflaged by the building design and hidden from view through the use of decorative grillwork. The restaurant and retail components of the development will be accessed from Cleveland Street. The restaurant will include an outdoor seating area with approximately 60 seats at the southwest comer of the site adjacent to Station Square Park. The restaurant and retail spaces will be directly accessed via the sidewalk along Cleveland Street. Solid waste services will be provided via two roll-out dumpsters at the northwest comer of the site along Laura Street. All stormwater requirements have been met with this proposal with the site utilizing the payment in-lieu of option for retention and directing stormwater runoff to the Town Lake. A portion of the property currently occupied by 78-metered parking spaces is owned by the CRA with the remainder of the property owned by Tone 40, Ltd. The CRA will enter into an agreement with Tone 40 Ltd. for the sale of the portion of the property currently occupied by the metered parking subject to several conditions. The CRA will subsequently enter into an inter-local agreement with the City Commission attesting to the fact that the buyer (Tone 40, Ltd.) will abide by and develop the site in accordance with those conditions. In summary, the agreement outlines the time frame by which the property must be sold and application for building permit must be submitted. It also specifies the number of public parking spaces, dwelling units, prohibited and allowed uses permitted on the site and public/private maintenance responsibilities of the public parking spaces and the time frame for which these conditions are applicable. The increase in height above 30 feet is consistent with the Vision, Goals, Objectives and Policies of the Clearwater Downtown Redevelopment Plan as outlined above and is consistent with the criteria for a Comprehensive Infill Redevelopment Project. It is also consistent with the intent and direction of the Design Guidelines currently under development. The Guidelines will require structures taller than other buildings along Cleveland Street to incorporate stepbacks in the building design. The building, above 30 feet, steps back a total of 30 horizontal feet at two separate locations. In addition, the fac;ade of the building is further articulated by a series of planes accented by various architectural details including fenestration, awnings and balconies. The elimination of the sight visibility triangles on the north side of the site and foundation planting along the north and south sides of the building is needed to maintain and create the desired build- to line along Cleveland and Laura Streets. An adequate distance will be provided between the edge of the building and the proposed sidewalk and the edge of the building and Laura Street for visibility. It is anticipated that 226 provided parking spaces will adequately serve the site as the retail and restaurant components are expected to generate significant walk-up traffic and the 100 public parking spaces will also serve these uses. All required parking for the residential component will be provided on site. In addition, there are almost 2,000 spaces within the Downtown Core Character District and within easy walking distance of the subject site. The City will operate the 100 public parking spaces on the first two levels of the parking garage. The 221 parking spaces Staff Report - Community Development Board - January 20,2004 - Case FLD2003-10056 - Page 3 reserved for the dwelling units will be located on levels three through five accessible only to residents via a gate and card reader. There will be five parking spaces reserved for the restaurant and retails uses on the first floor of the parking garage which will accommodate smaller delivery vans such as those used by UPS, FedEx, etc. Larger delivery vehicles are expected to temporarily parking along Cleveland or Laura Streets adjacent to the building. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. Clearwater Downtown Redevelopment Plan: The site is located within the Downtown Core character district of the pending Clearwater Downtown Redevelopment Plan. This area is recognized as the economic and geographic heart of Downtown Clearwater. The Clearwater Downtown Redevelopment Plan recommends that this area be fully redeveloped in terms of streetscaping, parking and, most importantly, a mix of residential and non-residential uses. Specifically, it recommends the redevelopment of the Downtown Core as a family-oriented entertainment destination recognizing that a key component required to diversify the Downtown Core is to attract residential uses with a variety of housing types and prices. Permitted uses in the area include a variety of nonresidential establishments such as office, retail sales and service, restaurant, governmental uses, etc. This strategy has been identified as a way to stimulate the redevelopment of property in the area and to reposition the Downtown as a viable economic entity in the region. To assist in the transformation of Downtown Clearwater into a quality place in which to live, work and play, the Clearwater Downtown Redevelopment Plan establishes a Public Amenities Incentive Pool of 2,326 dwelling units and 2,119,667 square feet of floor area for non-residential uses. The applicant is proposing the use of 85 dwelling units from the Public Amenities Incentive Pool. The amenities provided by this development in order to justify the Public Amenities Incentive Pool include the actual residential use in the Downtown Plan area, ground floor retail in the Downtown Core Character District and construction of 100 public parking spaces within the project. The City Commission adopted the Clearwater Downtown Redevelopment Plan on September 18, 2003. The final amended document was reviewed and approved by the City Commission on December 4, 2003. The Board of County Commissioners subsequently approved the Plan on December 16, 2003. The Pinellas Planning Council (PPC) is scheduled to review the Plan in January 2004 followed by a review by the Countywide Planning Authority (CPA) in February 2004. The Clearwater Downtown Redevelopment Plan establishes criteria against which proposals to be located within the Plan boundaries are measured and are discussed further in this report. This proposal is consistent with the Plan. The applicant is aware that this proposal is contingent upon the final approval of the Plan by the CPA. In addition, while the accompanying Design Guidelines are still under development, the City has agreed to consider projects prior to completion of the guidelines so that potential projects are not Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-1 0056 - Page 4 lost to other competing locations. In reviewing this proposal, the City staff used as guidance the existing guidelines, reviewed the guidelines of other cities and then evaluated alternative designs with the developer to achieve a design solution that meets the goals of the Clearwater Downtown Redevelopment Plan, the intent of the existing Design Guidelines and the Design Guidelines currently under development. The Clearwater Downtown Redevelopment Plan specifies that the Community Development Board (CDB) will review projects which seek to make use of the Public Amenities Incentive Pool. Subsequent to the CDB review, the Community Redevelopment Agency (CRA) will review the Development Agreement with the developer. The Development Agreement, between the CRA and the developer, sets forth terms and conditions relative to the planning, construction and installation of infrastructure improvements, conveyance of the Station Square Park site to the developer and the development, construction and operation of the project. The development agreement prohibits uses that are prohibited by the Clearwater Downtown Redevelopment Plan and all other retail uses not specifically defined as allowable or alternate retail uses. Allowable retail uses for the first floor retail area mean a retail establishment that sells or leases goods directly to the consumer such as a book store, gift shop, antique store, florist, clothing store, video store; an art gallery; gourmet grocery store (which may include accessory sales of alcoholic beverages); prepared food for off-site consumption, a restaurant with accessory sales of alcoholic beverages, and a sidewalk cafe as accessory to the principal retail use. The developer shall actively market and use his best efforts to obtain tenants for the first floor retail space as one or more of the allowable retail uses as described above. However, should the developer be unable to obtain an allowable retail use within one year of issuance of the temporary Certificate of Occupancy for the retail space, the City may allow, upon written request of the Developer, one or more alternate uses to occupy the first floor retail space. Alternate retail use means tailor or seamstress, dry cleaners, financial institution, or business office, but not medical or veterinary office. Under the terms and conditions of the development agreement, the Community Redevelopment Agency is selling the property to the developer. The developer is agreeing to purchase the site from the agency and to sell and convey 100 public parking spaces in the parking garage back to the CRA. The Agency agrees to reimburse the developer for the cost of applications, inspections, regulatory and impact fees up to a maximum allotment. The proposal is consistent with the Goals, Objectives and Policies of the Clearwater Downtown Redevelopment Plan including: 1. Goal 1: Downtown shall be a place that attracts people for living, employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. This project will provide a density of 150 dwellings per acre and is a pioneering residential project for downtown. The residential use created by this project will further this goal of creating a vibrant downtown. Additionally, the proposed 15,000 square feet of retail and restaurant space will attract residents, tourists and the existing work force as a shopping/eating destination. Staff Report - Community Development Board - January 20,2004 - Case FLD2003-10056 - Page 5 2. Objective IE: A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center, as well as employment opportunities for Downtown residents. This development will provide up to 15,000 square feet of retail and restaurant space actively encouraging businesses to locate and expand in the Downtown. The development is expected to generate 50 new jobs in the Downtown. 3. Obiective IG: Residential uses in Downtown are encouraged with a variety of densities, housing types and affordability consistent with the character districts. The development includes 146 dwelling units with a variety of floor plans and prices ranging from $200,000 to $500,000. 4. Objective IH: The City shall use all existing incentives to encourage Downtown housing and shall evaluate other incentives to encourage residential uses to locate Downtown. The Clearwater Downtown Redevelopment Plan provides a pool of potential development from which developments may acquire additional dwelling units. This project includes using 85 dwelling units from that pool to achieve the desired density for the site increasing the viability of the project. 5. Goal 3: Create Downtown as a memorable place to be enjoyed by residents and visitors that capitalizes on Clearwater's waterfront location, natural resources, built environment and history. The project will effectively increase density within the Downtown Core while providing for an active streetscape with the provision of retail and restaurant spaces on the first floor along Cleveland Street. The proposal includes an attractive building and attractive landscaping which will enhance, complement and be coordinated with the proposed Streetscaping and Wayfinding Plan and the redevelopment of Station Square Park. 6. Objective 3D: Redevelopment is encouraged to create a vibrant Downtown environment containing a variety of building forms and styles that respect Downtown's character and heritage. The proposal includes a building that will complement the existing pattern of development along Cleveland Street. The stepbacks will result in the appearance to a passerby on the street of a building in harmony with other buildings in the area. 7. Policy 6: The City shall establish a Public Amenities Incentive Pool that provides density and intensity increases for projects located in all character districts, except as limited in Old Bay, in excess of the allowable maximum development potential based on a provision of selected amenities. To overcome the numerous constraints affecting redevelopment, the Clearwater Downtown Redevelopment Plan establishes the Public Amenities Incentive Pool, consisting of 2,326 dwelling units and 2,119,667 square feet of floor area for non- residential uses, available to all property within the Plan area. This provides an opportunity for the private sector to gain additional development potential while assisting the public to achieve its redevelopment goals for Downtown Clearwater. This development utilizes 85 dwelling units from the pool. The amenities provided with the application include a residential use, 100 public parking spaces and 15,000 square feet of retail and restaurant space on the first floor along Cleveland Street. Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 6 The proposal is also consistent with Downtown Core character district Policies including: 1. Policy 4: Station Square Park shall be recreated as an active Downtown Park serving as a "pocket park" for Downtown employees and special events. The proposal includes locating a restaurant with approximately 60 outdoor seats adjacent to Cleveland Street and Station Square Park. This should contribute to the activity within the park. In addition, the proposed landscaping for the site will be coordinated with the landscaping to be part of the redevelopment of Station Square Park. 2. Policy 7: To ensure a pedestrianjriendly and safe environment, driveways shall be discouraged on Cleveland Street between Myrtle Avenue and Osceola Avenue. The proposal includes removing an existing curb cut along Cleveland Street and providing access exclusively along Laura Street via a two-way driveway into the parking garage. 3. Policv 8: Redevelopment and new construction along Cleveland Street shall be compatible with and contribute to pedestrian vitality, human scale and historic fabric. The development includes a building that will contribute to pedestrian vitality by providing a ground floor restaurant with outdoor seating at the southwest comer of the site adjacent to Station Square Park and Cleveland Street. In addition, retail spaces with display windows will also be provided on the first floor along and accessible from Cleveland Street. It will have a human scale by stepping the bulk of the building back at 30 feet and 70 feet above grade. The development will complement the historic fabric of Downtown Clearwater by "borrowing" architectural features and details from surrounding buildings including the use of stonework, stucco, arches, extensive window displays and canopies and awnings. COMPLIANCE WITH STANDARDS AND CRITERIA: Redevelopment Plan and Code Section 2-903): (Clearwater Downtown STANDARD PROPOSED CONSISTENT INCONSISTENT Density (70 du/ac; [X] [ ] pending 150 du/ac) 146 dwelling units Impervious surface [X] [ ] ratio (1.0) 0.93 Lot area (N/A) 42,361 square feet [X] [ ] Lot width (N/ A) 182 feet [X] [ ] Height (30 feet) 158 feet [X] [ ] Attached Dwellings: 221 spaces Parking spaces (388 Retail: 2 spaces [ ] spaces) Restaurant: 3 spaces [X] Public Parking: 100 spaces Total: 326 spaces Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 7 COMPLIANCE WITH FLEXIBILITY CRITERIA (Code Section 2-903.C): Consistent Inconsistent The development or redevelopment of the parcel proposed for 1. development is otherwise impractical without deviations from the use, intensity and development standards. The development of the parcel proposed for development as a 2. Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties. 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater. 4. The use or mIX of uses within the Comprehensive Infill Redevelopment Project is compatible with adjacent land uses. The development of the parcel proposed for development as a 5. Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. The design of the proposed Comprehensi ve Infill Redevelopment Project creates a form and function which 6. enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Flexibility in regard to lot width, required setbacks, height and 7. off-A venue parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Adequate off-street parking in the immediate vicinity according 8. to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. 9. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. [X] [X] [X] [X] [X] [X] [X] [X] [X] Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 8 [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS (Code Section 3-913): Consistent Inconsistent Development of the land will be in harmony with the scale, 1. bulk, coverage, density and character of adjacent. [X] [ ] Development will not hinder or discourage development and use 2. of adjacent land and buildings or significantly impair the value thereof. [X] [ ] Development will not adversely affect the health or safety of 3. persons residing or working in the neighborhood of the proposed use. [X] [ ] 4. Development is designed to minimize traffic congestion. [X] [ ] Development is consistent with the community character of the 5. immediate vicinity. [X] [ ] Design of the proposed development minimizes adverse effects, 6. including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. [X] [ ] Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 9 SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on December 4, 2003. The applicant has worked with staff over the past several months to provide an attractive, well-designed development that will enhance the local area and City as a whole. The development will further the City's goals of improving the character of the area and promoting private sector investment within the Downtown. The proposal is in compliance with the standards and criteria for Flexible Development approval for Comprehensive Infill Redevelopment Project use, with all applicable standards of the Community Development Code and is consistent with the Clearwater Downtown Redevelopment Plan. The Planning Department recommends APPROVAL of the Flexible Development application to permit a mixed-use development and a building within the required sight visibility triangles, reduction the required number of parking spaces from 388 spaces to 226 spaces, an increase the permitted height from 30 feet to 158 feet and an increase of the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan area Public Amenities Inceptive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C and a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202. G. with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-903.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The proposal is in compliance with the Vision, Goals, Objects and Policies of the Clearwater Downtown Redevelopment Plan and the Downtown Core character district. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1. That this application be effective upon approval of the Clearwater Downtown Redevelopment Plan by the Countywide Planning Authority; 2. That this application be effective upon development agreement approval by the Community Redevelopment Agency; 3. That the permitted uses for the first floor retail area include retail establishments that sell or lease goods directly to the consumer such as a book store, gift shop, antique store, florist, clothing store, video store; an art gallery; gourmet grocery store (which may include accessory sales of alcoholic beverages); prepared food for off-site consumption, a restaurant with accessory sales of alcoholic beverages, and a sidewalk cafe as accessory to the principal retail use; 4. That the developer shall actively market and use his best efforts to obtain tenants for the first floor retail space as one or more of the allowable retail uses as described above. Should the developer be unable to obtain an allowable retail use within one year of Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 10 issuance of the temporary Certificate of Occupancy for the retail space, the City may allow, upon written request of the Developer, one or more alternate uses to occupy the first floor retail space; 5. That the following uses be prohibited: a. All uses prohibited by the Clearwater Downtown Redevelopment Plan; b. All other retail uses not specifically defined by the Development Agreement as allowable retail uses or alternate retail uses, pursuant to the Community Development Code's definition of retail sales and service; c. Nightclub/Bar; d. Alcoholic Beverage Package Store; and e. Medical or Veterinary offices; 6. That a minimum of 100 and a maximum of 146 dwellings units be located on the site and that no unit be less than 1,000 square feet in gross floor area; 7. That the project shall contain approximately 15,000 square feet of allowable retail uses (as defined above) on the first floor; 8. That a minimum of 100 parking spaces be made available to the public per the development agreement; 9. That the final design and color of the building be consistent with the conceptual elevations submitted to (or as modified by) the CDB, and be approved by Staff; 10. That a complete permit application including site plans be submitted within six months of the purchase date; 11. That construction must commence within 240 days of closing on the property; 12. That the Certificate of Occupancy be issued within 18 months of the issuance of building permit; 13. That all vehicles in the building be completely screened from view from the south and west sides of the subject site; 14. That a Transportation Impact Fee be paid, prior to the issuance of a Certificate of Occupancy; 15. That all Fire Department requirements be met, prior to the issuance of any permits; 16. That all Traffic Department requirements be met, prior to the issuance of any permits; 17. That payment in lieu of stormwater facilities by paid, prior to the issuance of any permits; 18. That a final landscape which matches and complements the landscaping proposed for the Station Square Park redevelopment the Streetscaping Plan be submitted to and approved by Staff prior to the issuance of any permits; 19. That a final landscape plan for the west side Post Office site be submitted to and approved by Staff prior to issuance of any permits, and including written permission by the Post Office; 20. That all signage meet the requirements of Code and be limited to attached signs on the canopies or attached directly to the building and be architecturally-integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a) All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b) All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 11 CITY OF CLEARWATER loNG RANGE PLANNING DEVELOPMENT REvIEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 January 23, 2004 Mr. Brian Murphy Beck Development, LLC. 5100 West Kennedy Boulevard Suite 251 Tampa, FL 33609 f.IL.E RE: Development Order - Case m Q?l\OJ 10Q56 - 628 Cleveland Street (Station Square). Dear Mr. Murphy: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On January 20, 2004, the Community Development Board reviewed your Flexible Development application to permit a mixed-use development and a building within the required sight visibility triangles along Laura Street, reduction of the required number of parking spaces from 388 spaces to 226 spaces, an increase the permitted height from 30 feet to 158 feet and an increase of the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan area Public Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202. G. The proposal includes a mixed- use development with 146 attached dwellings, 5,096 square feet of retail sales and service and 9,904 square feet of restaurant within a building 158 feet in height. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-903.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The proposal is in compliance with the Vision, Goals, Objects and Policies of the Clearwater Downtown Redevelopment Plan and the Downtown Core character district. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. BRIAN J. AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER G) BILL]ONSON, COMMISSIONER "EOUAL EMPLOYMENT AND AFFIRMATIVF ArTInN FMPI nVl'P" January 23,2004 Murphy - Page Two Conditions of Approval: 1. That this application be effective upon approval of the Clearwater Downtown Redevelopment Plan by the Countywide Planning Authority; 2. That this application be effective upon development agreement approval by the Community Redevelopment Agency; 3. That the permitted uses for the first floor retail area include retail establishments that sell or lease goods directly to the consumer such as a book store, gift shop, antique store, florist, clothing store, video store; an art gallery; gourmet grocery store (which may include accessory sales of alcoholic beverages); prepared food for off-site consumption, a restaurant with accessory sales of alcoholic beverages, and a sidewalk cafe as accessory to the principal retail use; 4. That the developer shall actively market a~~.usi q,~s~est efforts to obtain tenants for the first floor retail space as one or more of It: <t' e retail uses as described above. Should the developer be unable to obtai Ie retail use within one year of issuance of the temporary Certificate of O'Ccul'anC'y for the retail space, the City may allow, upon written request of the Developer, one or more alternate uses to occupy the first floor retail space; 5. That the following uses be prohibited: a. All uses prohibited by the Clearwater Downtown Redevelopment Plan; b. All other retail uses not specifically defined by the Development Agreement as allowable retail uses or alternate retail uses, pursuant to the Community Development Code's definition of retail sales and service; c. Nightclub/Bar; d. Alcoholic Beverage Package Store; and e. Medical or Veterinary offices; 6. That a minimum of 100 and a maximum of 146 dwellings units be located on the site and that units less than 1,000 square feet in gross floor area be limited to 36 units total (with no more than 12 less than 750 square feet); 7. That the rental of units be a minimum of six months at a time; 8. That all units be designed with a separate bedroom; 9. That the project shall contain approximately 15,000 square feet of allowable retail uses (as defined above) on the first floor; 10. That a minimum of 100 parking spaces be made available to the public per the development agreement; 11. That the final design and color of the building be consistent with the conceptual elevations submitted to (or as modified by) the CDB, and be approved by Staff; 12. That a complete permit application including site plans be submitted within six months of the purchase date; 13. That construction must commence within 240 days of closing on the property; 14. That the Certificate of Occupancy be issued within 18 months of the issuance of building permit; January 23,2004 Murphy - Page Three 15. That the final details of the "grill work" in association with the parking garage be submitted to Staff for approval prior to issuance of building permit, and it be designed to screen vehicles to a height of 3.5 feet; 16. That a Transportation Impact Fee be paid, prior to the issuance of a Certificate of Occupancy; 17. That all Fire Department requirements be met, prior to the issuance of any permits; 18. That all Traffic Department requirements be met, prior to the issuance of any permits; 19. That payment in lieu of stormwater facilities be paid, prior to the issuance of any permits; 20. That a final landscape which matches and complements the landscaping proposed for the Station Square Park redevelopment the Streetscaping Plan be submitted to and approved by Staff prior to the issuance of any permits; 21. That a final landscape plan for the west side of the Post Office site be submitted to and approved by Staff prior to issuance of any permits, and including written permission by the Post Office; 22. That all signage meet the requirements of Code and be limited to attached signs on the canopies or attached directly to the building and be architecturally-integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a. All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b. All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 23. That the furniture used for the outdoor seating component of the restaurant will be of the highest quality and that no signage of any kind will be included on any portion of the furniture including but not limited to the chairs, tables, planters and/or umbrellas (and submitted as part of a separate sidewalk cafe application); and 24. That all of the above conditions are applicable and fully enforceable for the life of the building. Pursuant to the Agreement for Development and Disposition of Property (Station Square Development), an application for a building permit shall be made within six months of the purchase date. All required certificates of occupancy shall be obtained within 18 months of the date of issuance of the building permit. Time frames do not change with successive owners. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. January 23,2004 Murphy - Page Four Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of this Development Order. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on February 3,2003 (14 days from the date of approval by the CDB). If you have any questions, please do not hesitate to call Mark Parry, Planner at 727.562.4558. Zoning information is available through the City's website at http://www.myc1earwater.com/via the "ZoninglParcel Maps (GIS)" link and "City Codes" link both under "Services". Cynthia Tarapani, AICP Planning Director S:\Planning Departmenf\C D B\FlexVnactive or Finished Applications\Cleveland 628 Beck Development (D) Approved\Cleveland 628 Development Order. doc 21. That the furniture used for the outdoor seating component of the restaurant will be of the highest quality and that no signage of any kind will be included on any portion of the furniture including but not limited to the chairs, tables, planters and/or umbrellas (and submitted as part of a separate sidewalk cafe application); and 22. That all of the above conditions are applicable and fully enforceable for the life of the building. , // Prepared by Planning Department Staff: ~ ~ Mark T. Parry, Planne~ ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S:\Planning Departmen^C D B\Flex\Pending cases\Up for the next DRClCleveland 628 Beck Development (D )\Cleveland 628 Staff Report new format. doc Staff Report - Community Development Board - January 20,2004 - Case FLD2003-10056 - Page 12 o o Aerial Photograph Owner: CRA. Tone 40. Ltd. Case: FLD2003-10056 Site: 1628 Cleveland Street 1 Property Size (Acres) : 0.97 PIN: 1 6-29- 15-32292-0 19-0040 16-29-15-32292-019-0110 286B I Atlas Page: o o '" '" /J/JiS 51 P..... ,"-UR' Sf ioSAUE DDJ' S:..... ~'"-~u~D; 18 -.. 'i .uRGENS Sf !!! il a ~, c:::J cz:-- i!: t;; - CEDAR 51 ~O ~I!:~ ~ ~ " m?'-~D i ~o / !L I 0 c,;::rD!" I n I I J q: ~ ~Dl1D ~ ~ ~ CJ c:::::J I 0W'lE Sf ~ Ifill"""" Sf; loW'lE l7:: CJ = PROJECT !!!In D~ RAZA ':"SfSf, ~ ~ ~ ~ ~ ~ SITE -]:.:<auil 0!8 ~ DrD~D~D!!!D~D~DRo l!l o DITJ 0 ~~o CJ D ~ ~ ~ < ~ If t;;D ~ ~ D~n}d;~ ~D~D~~~Ds ~ ~~~ D ~ c=J ~ Gl(M; ~ Sf 3 ~ ~ ~ 0 I~ D 0 D~D r I O~D~D DaDzD 0 D~Lj aE~O D!!!D 51 0 0 , ~""E ~ 51 10;0 QQ~ ~:i: 51 ~ '::J ~~ ~D DtD ~ 0 Q~ ~~on l?oQ~ C<XM<1 51 C] CJ] D DB ~ ~ GOOLO" Sf ~ ~~ ~~D~D 0 D!f~~ ~~ CSA ROS. I Q-ESTNUT S1 COURT ST -=S~D 0 D~D F 10 D D I I ~ 51 "" Tl.RNER Sf r=J!!!1 I ~ ~D~~ 0 ~o; ~llD 0 D I I ~~NE ~[]<~ 7'rJ.s ~ Peam f5 PINE PINE ST PINE ST fD~ ':t. ~ or D~. 0-'" D I I" ~NE Z iii' 2 LA ~ ~ ~ !!! SD . -" ~ ~ 2 DRUID < RD f W DRUID RD ~ CRUD CJI I DDD c:J~c=J JASMINE WAY JASMINE WAY ~ ~ ir JASMINE ~ WAY c=J~1 I D 0 D ORK o~ ~CJ~c=J OR ...~ l! MAGNOLIA ~ OR ../ I I I 0 D~D c:::J~1 I LOTUS PATH LOTUS PATH Location Map Owner: CRA. Tone 40, Ltd. Case: FLD2003-10056 Site: 628 Cleveland Street I Property Size/Acres) : 0.97 PI N: 1 6-29- 15-32292-0 19-0040 16-29-15-32292-019-0110 I Atlas Page: 286B 35 - 7 13 I~ 1 9. I J 5: : ~ J J I~ J~ Jm- J24 122 120 Office ~-------------------I , ' I 28 I : Parking : , ' : Garage : i Sl Public :'\;': Tr ans(l ~~tio~ Faci.lm i i o o :-ios---- Existing Surrounding Land Uses Map Owner: CRA. Tone 40. Ltd. Case: Site: 1628 Cleveland Street 1 Property Size(Acres): PIN: Atlas Page: FLD2003-10056 0.97 1 6-29- 15-32292-0 19-0040 1 6-29-15-32292-019-0110 286B 35 f-- 7 13 :h I 5: : ri---L I I IP IL-- "r- '--- 47 4~ 4~ tJ--n-- , r---- I 5 ~ c~ _1!?_"1...------ f '1_________ o 124 122 D 120 ~3r------- o I... ___.. o , , , o ,--- ... ;m~ , o .. ....' ,", , " 15 ,-_........ -. , , : ' ---. ~' : -- --: . , ~ Po, G): ):l. u - " -- u ~ --- :0 ~:-::--:--r:-:--:-:-:-::~ ~1Ti:b Nl:-nn>",,~_ \l : 28: \ "', : I I... 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Site: 628 Cleveland Street Case: I Property Size (Acres) : PIN: I Atlas Page: o \ y\~- ~ ; mn '" 1Vif-m G~~~E STJ08 /1 W- oo 5 i I 9 f ---, , , . 0 :___1 I 5 ----- : , ~ l__*_m :n_~ _~hj t ~:---~_.. o , , .......... --I' o " .-' , , .---... --, , . 1_..___.1 ,~, ,', ,h, ~:1~-- --~~~-. -h~--~~t- ~ _ ---~-- """ " '~,. ': I I ~I ; I : - -. ,jia ,.. ~ :---' CI) u_ u_._ ..... _____.;._. _' :b. I: o , ~c 1 L f:! : ~: ! - - --' ~ t t ,- --, , 0 , , .. _L__,-_ _ __, , 1.._ . 0" 0 I 0 I 0 If) I . I I , i ' .. ;: r - -.. ~__, I l- _.! I ''0 , I~ , ,,, , , , ~ ~ ., ~ ~ 0; 6 CIl ~ ....; ---- ... --.- ;..;~ ~3ol ;-~ 0, , ,-- I :b ~ ,-- =-= ~ t:: :--~: '. 1- __I FLD2003- 10056 0.97 - ~o ~ 100 , 105 1 6-29- 15-32292-0 19-0040 16-29-15-32292-019-0110 2868 35 -- 7 13 1~ 9. 5: ...:...- 1 1 1 07 1~ - .:... - 4 >=.:-=: 4 ;:== ~--- - 2":::':'::' - ....-- . . . . c ~: -' ~-----_: ti:l ~ _-u . CaD . . . I !/_______ caD '" ..~-----.._, I . . ~u_m__ _ :I :____m__~::::::~~ : ~ ,CaD : I I I . 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'" STREET 100 STREET o lD m 200 '3 2 ~ f1 18 I II I 6 206 4 5 ~I z ~I < 10 9 7 t~u I I ~ I ~ 1 ~ ~I ~ I STREET I I ~ I~+ 1301 I IAC\I I o <0 I L/OA' 30 I uu 536= :JOi6 3067 ~~B~ .206 ms= 59 25 14~ o ,.., r 121So-2J6 118 30 c III 7 6 11 5 toe R 8 9 16 o It) ..,------'>. o lO 2 - 16 15 o lD 5 105 .3 2 o lD 27 203 :za 25 2. 2J ~~ 07 21 09 20 '11 19 1~ 18:5 o lD .--T o o =:! ~N.Jssr :~ =e~l IV, P\!J >> LAURA STI ~ - ~ h .../ l! I I ~f-- ~ ClEVELAND ST I -l! T r I I ~ ~ i'i I-~ ~ ~ .. I 2-inch by 2-inch Map Owner. CRA. Tone 40, Ltd. Case: FLD2003-10056 Site: 1628 Cleveland street 1 Property 0.97 Size(Acres): PIN: 1 6-29-15-32292-019-0040 16-29- 15-32292-0 19-0 110 I Atlas Page: 286B o o ~ I ____~_0-r I I . I ~ I 1""= - L..:.:_ T __!J____ II II I .. 1 . I -~~ .II I If --,;-- - ~ .;--~ I .. I I I I I I I I I I I I I I I "I~I.I, .. I. :" I.. l1f' ---~-.-~- . ~fI . I I I. I 14 I : . I .... :>>:. I :' , I ~I I I 1 I 1 1 I SlFEET t I I I n I L t): I n-rm ~r :-1 I , ..,. n . " " . -, I nCI:C: r~ -"l-~-; 628 Cleveland Street Site High'ightedMap I Case: Property Size(Acres): FLD2003- 1 0056 Owner: I CRA, Tone 40, Ltrd. Site: 0.97 PIN: 16-29-15-32292-019-0040 1 6-29- 15-32292-0 19-0 11 0 I Atlas Page: 286B -, ~)' . ~;: ~~~~LOF~ . 1~~~ ~~ ~~,;L, ~ ~~ ~~'::: - ~~ ..r::e ~Ioi ,,,i"t"... ~ ;;::..~ ~~~~~~ ~~~4TE~~~~ ~~~-LTJ"~ CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPMENT REvIEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 January 23,2004 Mr. Brian Murphy Beck Development, LLC. 5100 West Kennedy Boulevard Suite 251 Tampa, FL 33609 flU RE: Development Order - Case FT Df001-1 fI~ - 628 Cleveland Street (Station Square). Dear Mr. Murphy: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On January 20, 2004, the Community Development Board reviewed your Flexible Development application to permit a mixed-use development and a building within the required sight visibility triangles along Laura Street, reduction of the required number of parking spaces from 388 spaces to 226 spaces, an increase the permitted height from 30 feet to 158 feet and an increase of the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan area Public Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202. G. The proposal includes a mixed- use development with 146 attached dwellings, 5,096 square feet of retail sales and service and 9,904 square feet of restaurant within a building 158 feet in height. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-903.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The proposal is in compliance with the Vision, Goals, Objects and Policies of the Clearwater Downtown Redevelopment Plan and the Downtown Core character district. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. BRlAN J AUNGST, MAYOR-COMMISSIONER HuYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER (1) BII.L]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" , . '- .., January 23,2004 Murphy - Page Two Conditions of Approval: 1. That this application be effective upon approval of the Clearwater Downtown Redevelopment Plan by the Countywide Planning Authority; 2. That this application be effective upon development agreement approval by the Community Redevelopment Agency; 3. That the permitted uses for the first floor retail area include retail establishments that sell or lease goods directly to the consumer such as a book store, gift shop, antique store, florist, clothing store, video store; an art gallery; gourmet grocery store (which may include accessory sales of alcoholic beverages); prepared food for off-site consumption, a restaurant with accessory sales of alcoholic beverages, and a sidewalk cafe as accessory to the principal retail use; 4. That the developer shall actively market and use his best efforts to obtain tenants for the first floor retail space as one or more .th'1 Jl~ble retail uses as described above. Should the developer be unable to ob~! altotable retail use within one year of issuance of the temporary Certificate ~\JCopam,j' for the retail space, the City may allow, upon written request of the Developer, one or more alternate uses to occupy the first floor retail space; 5. That the following uses be prohibited: a. All uses prohibited by the Clearwater Downtown Redevelopment Plan; b. All other retail uses not specifically defined by the Development Agreement as allowable retail uses or alternate retail uses, pursuant to the Community Development Code's definition of retail sales and service; c. Nightclub/Bar; d. Alcoholic Beverage Package Store; and e. Medical or Veterinary offices; 6. That a minimum of 100 and a maximum of 146 dwellings units be located on the site and that units less than 1,000 square feet in gross floor area be limited to 36 units total (with no more than 12 less than 750 square feet); 7. That the rental of units be a minimum of six months at a time; 8. That all units be designed with a separate bedroom; 9. That the project shall contain approximately 15,000 square feet of allowable retail uses (as defined above) on the first floor; 10. That a minimum of 100 parking spaces be made available to the public per the development agreement; 11. That the final design and color of the building be consistent with the conceptual elevations submitted to (or as modified by) the CDB, and be approved by Staff; 12. Thata complete permit application including site plans be submitted within six months of the purchase date; 13. That construction must commence within 240 days of closing on the property; 14. That the Certificate of Occupancy be issued within 18 months of the issuance of building permit; .. I, .. January 23,2004 Murphy - Page Three 15. That the final details of the "grill work" in aSSocIatIOn with the parking garage be submitted to Staff for approval prior to issuance of building permit, and it be designed to screen vehicles to a height of 3.5 feet; 16. That a Transportation Impact Fee be paid, prior to the issuance of a Certificate of Occupancy; 17. That all Fire Department requirements be met, prior to the issuance of any permits; 18. That all Traffic Department requirements be met, prior to the issuance of any permits; 19. That payment in lieu of stormwater facilities be paid, prior to the issuance of any permits; 20. That a final landscape which matches and complements the landscaping proposed for the Station Square Park redevelopment the Streetscaping Plan be submitted to and approved by Staff prior to the issuance of any permits; 21. That a final landscape plan for the west side of the Post Office site be submitted to and approved by Staff prior to issuance of any permits, and including written permission by the Post Office; 22. That all signage meet the requirements of Code and be limited to attached signs on the canopies or attached directly to the building and be architecturally-integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a. All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b. All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 23. That the furniture used for the outdoor seating component of the restaurant will be of the highest quality and that no signage of any kind will be included on any portion of the furniture including but not limited to the chairs, tables, planters and/or umbrellas (and submitted as part of a separate sidewalk cafe application); and 24. That all of the above conditions are applicable and fully enforceable for the life of the building. Pursuant to the Agreement for Development and Disposition of Property (Station Square Development), an application for a building permit shall be made within six months of the purchase date. All required certificates of occupancy shall be obtained within 18 months of the date of issuance of the building permit. Time frames do not change with successive owners. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. , ' -. - ' January 23,2004 Murphy - Page Four Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of this Development Order. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on February 3,2003 (14 days from the date of approval by the CDB). If you have any questions, please do not hesitate to call Mark Parry, Planner at 727.562.4558. Zoning information is available through the City's website at http://www.myc1earwater.com/via the "Zoning/Parcel Maps (GIS)" link and "City Codes" link both under "Services". Cynthia Tarapani, AICP Planning Director S:\Planning Departmenf\C D B\FlexVnactive or Finished Applications\Cleveland 628 Beck Development (D) Approved\Cleveland 628 Development Order. doc COMMUNITY REDEVELOPMENT AGENCY Agenda Cover Memorandum Final Agenda Item # Meeting Date: .3 May 12, 2003 SUBJECT/RECOMMENDATION: Authorize issuance of a Request for Proposals and Qualifications (RFP/Q) for the redevelopment of the Station Square Parking Lot Site on Cleveland Street as an office/retail/residential infill development" C8J and that the appropriate officials be authorized to execute same. SUMMARY: The purpose of the RFP/Q is to select a qualified developer/development team to redevelop the Station Square Parking Lot site as a mixed-use infill development. The CRA is making the site available for redevelopment as a catalyst for new urban housing and professional office use in the Downtown core. The site is 35,968+/- square feet, currently used as a public parking surface lot, and is owned by the CRA. The major components of the RFP/Q are as follows: · The mixed-use development should have four key land use components: 1) on-site parking structure including public parking; 2) 50,000 square feet of office space; 3) 5,000 square feet of ground floor retail; and 4) condominiums. · The Developer will purchase the Site from the CRA. The appraised value is approximately $720,000 ($20 square foot). · As a catalyst for redevelopment, the CRA will consider purchasing parking spaces in the development for public use. · The proposal deadline is June 13,2003 with a selection made by June 27,2003. · The selection of the development candidate will be based on four criteria, each having equal weight: 1) Development qualifications; 2) Financial capability of the development team; 3) Economic benefit to the City of Clearwater; and 4) Merits of the conceptual development plan. · The conceptual development program being proposed for the site will need to address height, scale, square footage of specific land uses, proposed architectural style and material types, site and building orientation and pedestrian scale at Cleveland Street, building setback design concept from Cleveland Street, and project relationship to adjoining Station Square Park. · The selected developer will enter into a Development Agreement with the CRA outlining the purchase and disposition of the Site, the design parameters agreed to by the CRA and the City, any incentives, and the terms and conditions related to public parking. Reviewed bY) 'II Legal ~ Budget NA Purchasing Jjfii.. Risk Mgmt NA Info Tech NA Originating Dept: Economic Development and Housin User Dept. Economic Development Attachments 1) RFP/Q Costs -0- Total Public Works DCM/ACM Other i!dt. NA Funding Source: Capital Improvement Current Fiscal Year Operaling Other Submitted by: 'i)__ fA ~ Cit Mana er 'QUI hJ') - ~ Printed on recycled paper 2/98 Appropriation Code: o None Rev. REQUEST FOR PROPOSAL CHECKLIST YES NO Statement of General Purpose V- a) Release date b) Pre-proposal conference date and time V c) Proposal due date and time of openinl! V d) Selection oftop candidates v'" e) Vendor demonstrations N IA 1) Site visit dates ;';: A 2) Staff recommendation date V- h) City Commission action -- CR- A- tl r.H {) n V i) Contract initiation/start date #.J JA- i) Project completion IJIA Scope of Pro.iect V Vendor Qualification v Information to be Submitted 1/ Instruction for PreparationlNumber of Copies Reauired ./ When and How to Direct Inauiries J/'- How Addenda Will be Communicated ./ General Contract Terms pJA Special Contract Terms rJlA Evaluation Cdteria .,7 Evaluation Team (Names and/or Deuartments) rnD Bondinl! and/or Insurance Requirements a/ When Prouosals Must be returned V Standard Conditions (see attached) --V a. Appropriations Clause V b. Protest Procedures 1/ c. No Corrections Clause V"" d. Openness of Procurement 1/ e. No Collusion Clause V f. InformalitvlReiection Clause ./ I!. Professional Services Included in Florida Statutes TV/It Evaluation Committee Meetinl! DatelTime/Place Notice to City Clerk Inn Attachments REQUIRED APPROVAL Department Director: .J!Ot1~1J!J1/ ~}\ . t>l v-uUV- I Risk Manager: N } A 1 Purchasing Manager: City Manager: ~lU~ ,siLl ( .- - ( City of Clearwater, Florida REQUEST FOR DEVELOPMENT PROPOSALS AND QUALIFICATIONS FOR . A Community Redevelopment Agency (CRA) Infill Parcel Adjacent To Station Square Park On Cleveland Street in Downtown Clearwater 1 REQUEST FOR PROPOSALS AND QUALIFICATIONS STATION SQUARE PARKING LOT INFILL CLEARWATER, FLORIDA INTRODUCTION Project Location, Ownership and Purpose The Community Redevelopment Agency (CRA) ofthe City of Clearwater, Florida invites. qualified applicants to submit proposals for a mixed-use infill development on the 35,968+/- square foot Station Square Parking Lot (Site) lying on the north side of Cleveland Street, and just west of Myrtle Avenue, within the downtown core ofthe city. The CRA seeks to review only those proposals that address the development, disposition and sale of the entire Site, and neither the CRA nor the City intends to undertake any infrastructure demolition or site work before disposition other than removing city owned parking meters. The Site is currently owned by the CRA and is being made available for redevelopment as a catalyst for new urban housing and professional office use. Downtown Redevelopment Opportunities Additional information regarding this infill parcel, and the current redevelopment climate within the downtown core and on our beaches, may be obtained by a review ofthe "Development Opportunities - Building Our Future Together" economic development brochure which accompanies this RFP request. Background Information Downtown Clearwater offers an environment free of significant crime, deteriorated buildings or crumbling infrastructure, with a current strong consumer demand for market- rate urban housing units due to its strategic location to regional employment nodes and access to Clearwater beaches and boating venues. These new housing units should act as a catalyst for future support, retail and entertainment venues. As part of the City Commission's long-range vision for the redevelopment and stabilization of the downtown core, major steps have been initiated to encourage redevelopment. These include the 2002 expansion of the city's CRA district; the preparation of an update to the Downtown Plan including a major streetscape and wayfinding sign program for Cleveland Street, Fort Harrison and Osceola Avenues; the recent design for a future major waterfront park and marina west of Osceola Avenue; the construction of a new main library on Osceola; an analysis for alternative locations for 2 future downtown parking structures; and the completion of a $12 million dollar downtown lake and recreational park. All ofthese documents and graphics will be available for review at the Economic Development and Housing Department, City of Clearwater, 112 S. Osceola Ave., Clearwater, FL. Project Parameters The CRA is soliciting proposals from developers and investors interested in undertaking a major mixed-use development project that would entail four key land use components: · A parking structure that would provide all required parking for the intended land uses, as well as public parking spaces. · A minimum of 50,000 square feet of office space (a corporate headquarters use is preferred). · A minimum of 5,000 square feet of ground floor retail use, including space for a sit down restaurant. · Multiple floors of residential condominiums. The Site could be designed and developed under the following broad guidelines: A residential density of 70 dwelling units per acre, a base FAR of 4.0, with the potential for increasing the FAR for participating in the adjacent streetscape and wayfinding program, by providing an on-site outside dining area adjacent to Station Square Park, and by providing a negotiated number of public parking spaces. The height of the building is not being prescribed, however, in the interest of maintaining a "pedestrian" scale, the building fayade facing Cleveland Street cannot exceed 3 stories or 40 feet, and must then "step" back in a manner acceptable to the Community Redevelopment Agency, the City, and the Community Development Board (note: please contact the Planning Department for clarification on how FAR and residential density are calculated for mixed-use projects). Site Purchase Price The CRA commissioned two recent appraisals and has established a purchase value for the Site at $20.00 per square foot or $720,000.00. eRA Participation in the Proposed Parking Structure In an effort to provide a catalyst for the successful redevelopment of this downtown infill Site, the CRA ~ill consider re-purchase of public parking spaces from the successful Proposer. 3 A Development Agreement between the parties shall govern the terms and conditions associated with this project. PROPOSAL AND SELECTION PROCESS Overview Proposals submitted will provide Proposers the opportunity to demonstrate their ability to undertake the planning, design, financing, construction, and implementation of the project envisioned. Schedule Release RFP/Q Pre-proposal Conference Proposal Submittal Deadline Selection Committee Recommendation CRA Authorization to Negotiate May 14, 2003 May 21,2003 June 13, 2003 June 27, 2003 July 14, 2003 Proposal Submittal Proposals must be submitted on or before June 13, 2003 by 4:00 p.m. Eastern Standard Time. Late Proposals will not be accepted. Proposals shall be submitted in a sealed envelope or box and clearly marked as follows: Request For Proposal- eRA Station Square Number of Copies One (1) fully signed original transmittal letter and 10 copies of the proposal shall be submitted to the eRA. The signer of the transmittalletter must be the person with authority to act on behalf of the Proposer. Proposal Delivery Location Proposals shall be mailed or hand delivered to the office of: Mr. George McKibben Purchasing Manager City of Clearwater Municipal Services Building 100 S. Myrtle Avenue P.O. Box 4738 Clearwater, Florida 33756-5520 4 Pre-Proposal Conference The City will hold a pre-proposal conference on Wednesday, May 21, 2003 at 11 :00 a.m. at City Hall, 3rd Floor Large Conference Room, 112 S. Osceola Avenue, Clearwater, Florida. Answer and Question Period All questions regarding this RFP must be submitted in writing and directed to the Purchasing Manager no later than 5 days prior to the submittal deadline. Answers to questions will be provided to all those that have received the Request for Proposal/Qualifications. Questions may be 1) sent via email to Mr. George McKibben at gmckibbe@clearwater-fl.com; 2) faxed to (727) 562-4635; or 3) mailed or hand- delivered to: Mr. George McKibben Purchasing Manager City of Clearwater Municipal Services Building 100 S. Myrtle Avenue P.O. Box 4738 Clearwater, Florida 33756-5520 Communication of Addenda In the case that there are Addenda to this RFP, the addenda will be forwarded in writing to those who have received a copy of this RFP my mail. For those who downloaded the information from our website (www.clearwater-fl.com). please contact the Purchasing Manager for information (see above). Qualifications As part of the proposal submittal, each Proposer must provide: . A narrative describing the Proposer's plan of development for this infill project. . A "conceptual" site plan for the Site noting bulk, height, number of units, and square footage of office and retail. . A breakdown of the proposed parking spaces to be allocated to the office use, the condominiums, and available for public use. · A brief description of the various land uses being proposed, and an idea on the price points and square footage of the condominium units being proposed. . Creative and innovative design solutions. . A financial history. . Prior development experience. · A statement of the relationship between the developer and any parent company or subsidiaries that might also take part in the development. 5 . A proposed development schedule noting start date and anticipated date of occupancy. Expenses All Proposers responding to this RFP do so at their sole expense and risk. The CRA and City assume no financial or other obligation to Proposers who respond to this RFP. The CRA and City will not be liable to any broker, consultant or other entity acting on behalf of any Proposer for any fee or payment relating directly or indirectly to the Proposer or its proposal. Proposal Compliance The selected Proposer shall comply with all applicable laws, ordinances and regulations. Non-confidentiality All proposals, correspondence and records made thereof, are public record and handled in compliance with applicable state and local laws. Selection of Development Candidate A selection committee will make a recommendation of the development candidate by June 27, 2003. The evaluation and selection of the development candidate will be based on the following criteria: . Economic benefit to Clearwater 25% . Development qualifications 25% . Financial capability ofthe entity 25% . Development proposal 25% RFP SUBMITTAL REQUIREMENTS A. Proposer Information Legal name and principal office address - Telephone number and e-mail address Name of authorized agent who is authorized to negotiate with the CRA B. Project Team Names and qualifications of all team members, legal counsel, architect, financial institution, contractor (if known). A statement of the relationship between the developer and any parent company or subsidiaries that might also take part in the development. 6 c. Experience Prior development experience and relevant project(s) D. Financial References Provide a financial institution reference contact, which may be contacted by the CRA E. Conceptual Development Program · Proposers need to document in text and sketch form the extent of their redevelopment program being proposed for this Site. · Plans may be "conceptual" in format, but should be detailed enough to reflect the scope ofthe proposed development project. · Elements which should be addressed include height, scale, square footage of specific land uses, proposed architectural style and material types, site and building orientation and pedestrian scale at Cleveland Street, building setback design concept from Cleveland Street, and project relationship to the adjoining Station Square Park, and access points and curb cuts being considered for the project. F. Development Schedule Each Proposer shall submit a proposed design, city review and construction calendar schedule. It is the desire of the CRA that this redevelopment project is under construction within twelve months of CRA approval of the Development Agreement. G. Financial Plan Each Proposer shall submit a preliminary financial plan, including a preliminary construction budget. This financial package shall identifY the total project cost, and proposed source of funding. In addition, each Proposer shall demonstrate the proposer's financial capacity to develop the site. ENVIRONMENTAL ISSUES The CRA and City are not aware of any soil or groundwater contamination that may adversely affect development. The Economic Development Department under its Brownfield's program will provide funds for a Phase I assessment, and a Phase II if deemed necessary. DEVELOPMENT NEGOTIATIONS 7 .' The selected Proposer shall enter into a binding Development Agreement with the CRA, which shall outline the purchase and disposition of the subject Site, the underlying project development design parameters agreed to by the CRA and City, any incentives agreed upon, and the terms and conditions relating to any other terms and conditions for public parking. The selected Proposer shall be requested to make a presentation to the CRA prior to their formal selection by the CRA as the designated development team (time and location to be announced). DEVELOPMENT INCENTIVES Due to the importance of this particular downtown infill redevelopment Site, it is the intention of the CRA and the City to negotiate certain development "incentives" which might include, but not be limited to, the waiving of certain impact fees and the use of tax increment financing revenues. The project would be also eligible for Enterprise Zone - credits. GENERAL CONDITIONS The CRA, in its sole and absolute discretion, with or without cause, and without liability of any kind to any Proposer, reserves the right to: Accept or reject any and/or all proposals, either in whole or in part, waive any informality of any proposals, cancel this RFP at any time and/or take any action in the best interest of the CRA or City. TheCRA's decision-in all matters shall be final; Retain all proposals for official record purposes, including a copy of the selected Proposer's proposal and supporting documentation, and/or use them in whatever manner it deems appropriate; - Elect not to accept any request by any Proposer to correct errors or omissions in any information, calculations or competitive price(s) submitted once a proposal is received; Investigate the financial capability, integrity, experience and quality of performance of each Proposer including all principals; - Request an oral presentation from any Proposer; and; Request any additional information from any Proposer. 8 ~ Clearwater - u \'. ""~) \ ,.,1," , \,-~ . .r-..<.\'i'- f~'.'\ ~\ ~L\ . \V' MEMORANDUM TO: Members of the Community Development Board FROM: Mark Parry, Planner RE: FLD2003-10056, 628 Cleveland Street DA TE: January 20, 2004 Two conditions have been amended and two conditions have been added in the Staff Report submitted to the Board for the January 20, 2004, meeting as reflected below. The conditions have been renumbered accordingly and are marked with an asterisk (*). They have been reviewed by the applicant and are acceptable, The Staff recommendation for this case continues to be for APPROV AL of the Flexible Development approval to permit a mixed-use development and a building within the required sight visibility triangles along Laura Street, reduction of the required number of parking spaces from}~8~p'a~_s to.t~? spaces, an increase the permitted height from ~g feet to 158Jeet and an increase of the pennilted density from 61 dwelling units to 146 dwelhng units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan area Public Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202, G., with the bases contained in the Staff Report and the following amended conditions: Amended Conditions of Approval: 1. That this application be effective upon approval of the Clearwater Downtown Redevelopment Plan by the Countywide Planning Authority; 2. That this application be effective upon development agreement approval by the Community Redevelopment Agency; 3, That the permitted uses for the first floor retail area include retail establishments that sell or lease goods directly to the consumer such as a book store, gift shop, antique store, florist, clothing store, video store; an art gallery; gourmet grocery store (which may include accessory sales of alcoholic beverages); prepared food for off-site consumption, a restaurant with accessory sales of alcoholic beverages, and a sidewalk cafe as accessory to the principal retail use; 4. That the developer shall actively market and use his best efforts to obtain tenants for the first floor retail space as one or more of the allowable retail uses as described above. Should the developer be unable to obtain an allowable retail use within one year of issuance of the temporary Certificate of Occupancy for the retail space, the City may allow, upon written request of the Developer, one or more alternate uses to occupy the first floor retail space; 5. That the following uses be prohibited: a. All uses prohibited by the Clearwater Downtown Redevelopment Plan; b, All other retail uses not specifically defined by the Development Agreement as allowable retail uses or alternate retail uses, pursuant to the Community Development Code's definition of retail sales and service; c. Nightclub/Bar; d. Alcoholic Beverage Package Store; and e. Medical or Veterinary offices; 6. That a minimum of 100 and a maximum of 146 dwellings units be located on the site and that no unit be units less than 1,000 square feet in gross floor area be limited to 36 units total (with no more than 12 less than 750 square feet); * 7. That the rental of units be a minimum of six months at a time;* 8. That all units be designed with a separate bedroom; * , ')1 I '. J It ~ That the project shall contain approximatel):: 15,00~quare feet of a1lo~abl~ retail use~l~(,J..(' "~ (as defined above) on the first floor; -\'1W >>t~~ \-t Gv.-< ViY\ cJJ G"" v+ 10. That a minimum of 100 parking spaces be made available to the public per the \ro.A~ development agreement; ~~ 11. That the final design and color of the building be consistent with the conceptual VJ' \."fJ"'" elevations submitted to (or as modified by) the CDB, and be approved by Staff; ,,,,,,..I' 12. That a complete permit application including site plans be submitted within six months of the purchase date; 13. That construction must commence within 240 days of closing on the property; 14. That the Certificate of Occupancy be issued within 18 months of the issuance of building permit; 15. That the final details of the "grill work" in association with the parking garage be submitted to Staff for approval prior to issuance of building permit, and it be designed to screen vehicles to a height of 3.5 feet; all vehicles in the building be completely screened from vie.." from the south and west sides of the subject site; * 16. That a Transportation Impact Fee be paid, prior to the issuance of a Certificate of Occupancy; 17. That all Fire Department requirements be met, prior to the issuance of any permits; 18. That all Traffic Department requirements be met, prior to the issuance of any permits; 19. That payment in lieu of stormwater facilities be paid, prior to the issuance of any permits; 20. That a final landscape which matches and complements the landscaping proposed for the Station Square Park redevelopment the Streetscaping Plan be submitted to and approved by Staff prior to the issuance of any permits; 21. That a final landscape plan for the west side of the Post Office site be submitted to and approved by Staff prior to issuance of any permits, and including written permission by the Post Office; 22. That all signage meet the requirements of Code and be limited to attached signs on the canopies or attached directly to the building and be architecturally-integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a) All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b) All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 23. That the furniture used for the outdoor seating component of the restaurant will be of the highest quality and that no signage of any kind will be included on any portion of the furniture including but not limited to the chairs, tables, planters and/or umbrellas (and submitted as part of a separate sidewalk cafe application); and 24. That all of the above conditions are applicable and fully enforceable for the life of the building. S:\Planning Departmenf'.,c D B\Flex\Pending cases\Upfor the next CDB\Cleveland 628 Beck Development (D)\Memorandum re amended conditions. doc Date: Case Number: Owner/Applicant: Representati ve: Address: January 20,2004 FLD2003-10056 Community Redevelopment Agency Tone 40, Ltd. Brian Murphy - Beck Development, LLC. 628 Cleveland Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a mixed-use development and a building within the required sight visibility triangles along Laura Street, reduction of the required number of parking spaces from 388 spaces to 226 spaces, an increase the permitted height from 30 feet to 158 feet and an increase of the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan area Public Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202. G. EXISTING ZONING I LAND USE: D, Downtown District CDB, Central Business District Classification CLEARWATER DOWNTOWN REDEVELOPMENT PLAN CHARACTER DISTRICT: Downtown Core (Pending final County approval on February 4,2004) PROPERTY USE: Current Use: Parking lot/retail sales and service. Proposed Use: Mixed Use (146 attached dwellings, 5,096 square feet of retail sales and service and 9,904 square feet of restaurant). ADJACENT ZONINGI LAND USE: North: Downtown District - Retail sales and service South: Downtown District - Retail sales and service East: Downtown District - Governmental use (Post Office) West: Downtown District - Park (Station Square Park) Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 1 ANALYSIS: Site Location and Existing Conditions: The site is 0.97 acres located on the north side of Cleveland Street, approximately 500 feet west of North Myrtle A venue. It is a through lot with frontage along Cleveland and Laura Streets (south and north, respectively) and has been developed with a 13,000 square foot, three-story building constructed in 1933 and a 78-space, Community Redevelopment Agency (CRA)-owned, public parking lot. Two driveways currently provide access to the site with one driveway along the front (south) side of the site along Cleveland Street and a second along the front (north) side of the site along Laura Street. The existing building and parking spaces will be demolished with this proposal. This application for Flexible Development approval includes specific requests to permit a building within the required sight visibility triangles, reduce the required number of parking spaces from 388 spaces to 226 spaces, increase the permitted height froniJO feet to 158 feet-and increase the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan Public Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C and a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings along the front (north and south) facades along Laura and Cleveland Streets, respectively, under the provisions of Section 3-1202. G. Proposal: The proposal includes a mixed-use development with 146 attached dwellings, 5,096 square feet of retail sales and service and 9,904 square feet of restaurant within a building 158 feet in height. The building will be located approximately 15 feet from the front (north) property line along Laura Street and within the required sight visibility triangles on either side of the driveway. Structured parking will be provided within the first three floors of the building. There will be 226 spaces provided for the residential and retail/restaurant uses, plus 100 unassigned public parking spaces on the first and second garage levels (326 total parking spaces). The total required parking for the residential and non-residential uses is 388 spaces where 226 spaces will be provided. The existing driveway along Cleveland Street will be removed with this proposal and a single driveway located at the northeast comer of the site along Laura Street will provide access to the site and building. The proposal includes the implementation of landscaping on the site coordinated with the City's proposed with the Streetscape and Wayfinding Master Plan and the proposed Station Square Park redevelopment. These projects are slated for installation between 2004 and 2006. The landscape plan should enhance the aesthetics of the site. The main entrance to the building will be along Cleveland Street and includes a formal, arched entrance upscale and elegant in character. The south elevation also incorporates colonnade elements with canopies. The proposed materials will be stucco and simulated coquina with natural colors. The design of the building steps back as elevation increases (at the third and seventh floors), creating interesting elevations along the skyline and provides for a building which will blend in with the existing scale of buildings along Cleveland Street. The Cleveland (south) and Laura Street (north) elevations will feature balconies, canopies and awnings on the first floor. The Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 2 multiple levels of structured parking will be camouflaged by the building design and hidden from view through the use of decorative grillwork. The restaurant and retail components of the development will be accessed from Cleveland Street. The restaurant will include an outdoor seating area with approximately 60 seats at the southwest comer of the site adjacent to Station Square Park. The restaurant and retail spaces will be directly accessed via the sidewalk along Cleveland Street. Solid waste services will be provided via two roll-out dumpsters at the northwest comer of the site along Laura Street. All stormwater requirements have been met with this proposal with the site utilizing the payment in-lieu of option for retention and directing stormwater runoff to the Town Lake. A portion of the property currently occupied by 78-metered parking spaces is owned by the CRA with the remainder of the property owned by Tone 40, Ltd. The CRA will enter into an agreement with Tone 40 Ltd. for the sale of the portion of the property currently occupied by the metered parking subject to several conditions. The CRA will subsequently enter into an inter-local agreement with the City Commission attesting to the fact that the buyer (Tone 40, Ltd.) will abide by and develop the site in accordance with those conditions. In summary, the agreement outlines the time frame by which the property must be sold and application for building permit must be submitted. It also specifies the number of public parking spaces, dwelling units, prohibited and allowed uses permitted on the site and public/private maintenance responsibilities of the public parking spaces and the time frame for which these conditions are applicable. The increase in height above 30 feet is consistent with the Vision, Goals, Objectives and Policies of the Clearwater Downtown Redevelopment Plan as outlined above and is consistent with the criteria for a Comprehensive Infill Redevelopment Project. It is also consistent with the intent and direction of the Design Guidelines currently under development. The Guidelines will require structures taller than other buildings along Cleveland Street to incorporate step backs in the building design. The building, above 30 feet, steps back a total of 30 horizontal feet at two separate locations. In addition, the fa<;ade of the building is further articulated by a series of planes accented by various architectural details including fenestration, awnings and balconies. The elimination of the sight visibility triangles on the north side of the site and foundation planting along the north and south sides of the building is needed to maintain and create the desired build- to line along Cleveland and Laura Streets. An adequate distance will be provided between the edge of the building and the proposed sidewalk and the edge of the building and Laura Street for visibility. It is anticipated that 226 provided parking spaces will adequately serve the site as the retail and restaurant components are expected to generate significant walk-up traffic and the 100 public parking spaces will also serve these uses. All required parking for the residential component will be provided on site. In addition, there are almost 2,000 spaces within the Downtown Core Character District and within easy walking distance of the subject site. The City will operate the 100 public parking spaces on the first two levels of the parking garage. The 221 parking spaces Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-1 0056 - Page 3 reserved for the dwelling units will be located on levels three through five accessible only to residents via a gate and card reader. There will be five parking spaces reserved for the restaurant and retails uses on the first floor of the parking garage which will accommodate smaller delivery vans such as those used by UPS, FedEx, etc. Larger delivery vehicles are expected to temporarily parking along Cleveland or Laura Streets adjacent to the building. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. Clearwater Downtown Redevelopment Plan: The site is located within the Downtown Core character district of the pending Clearwater Downtown Redevelopment Plan. This area is recognized as the economic and geographic heart of Downtown Clearwater. The Clearwater Downtown Redevelopment Plan recommends that this area be fully redeveloped in terms of streetscaping, parking and, most importantly, a mix of residential and non-residential uses. Specifically, it recommends the redevelopment of the Downtown Core as a family-oriented entertainment destination recognizing that a key component required to diversify the Downtown Core is to attract residential uses with a variety of housing types and prices. Permitted uses in the area include a variety of nonresidential establishments such as office, retail sales and service, restaurant, governmental uses, etc. This strategy has been identified as a way to stimulate the redevelopment of property in the area and to reposition the Downtown as a viable economic entity in the region. To assist in the transformation of Downtown Clearwater into a quality place in which to live, work and play, the Clearwater Downtown Redevelopment Plan establishes a Public Amenities Incentive Pool of 2,326 dwelling units and 2,119,667 square feet of floor area for non-residential uses. The applicant is proposing the use of 85 dwelling units from the Public Amenities Incentive Pool. The amenities provided by this development in order to justify the Public Amenities Incentive Pool include the actual residential use in the Downtown Plan area, ground floor retail in the Downtown Core Character District and construction of 100 public parking spaces within the project. The City Commission adopted the Clearwater Downtown Redevelopment Plan on September 18, 2003. The final amended document was reviewed and approved by the City Commission on December 4, 2003. The Board of County Commissioners subsequently approved the Plan on December 16, 2003. The Pinellas Planning Council (PPC) is scheduled to review the Plan in January 2004 followed by a review by the Countywide Planning Authority (CPA) in February 2004. The Clearwater Downtown Redevelopment Plan establishes criteria against which proposals to be located within the Plan boundaries are measured and are discussed further in this report. This proposal is consistent with the Plan. The applicant is aware that this proposal is contingent upon the final approval of the Plan by the CPA. In addition, while the accompanying Design Guidelines are still under development, the City has agreed to consider projects prior to completion of the guidelines so that potential projects are not Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 4 lost to other competing locations. In reviewing this proposal, the City staff used as guidance the existing guidelines, reviewed the guidelines of other cities and then evaluated alternative designs with the developer to achieve a design solution that meets the goals of the Clearwater Downtown Redevelopment Plan, the intent of the existing Design Guidelines and the Design Guidelines currently under development. The Clearwater Downtown Redevelopment Plan specifies that the Community Development Board (CDB) will review projects which seek to make use of the Public Amenities Incentive Pool. Subsequent to the CDB review, the Community Redevelopment Agency (CRA) will review the Development Agreement with the developer. The Development Agreement, between the CRA and the developer, sets forth terms and conditions relative to the planning, construction and installation of infrastructure improvements, conveyance of the Station Square Park site to the developer and the development, construction and operation of the project. The development agreement prohibits uses that are prohibited by the Clearwater Downtown Redevelopment Plan and all other retail uses not specifically defined as allowable or alternate retail uses. Allowable retail uses for the first floor retail area mean a retail establishment that sells or leases goods directly to the consumer such as a book store, gift shop, antique store, florist, clothing store, video store; an art gallery; gourmet grocery store (which may include accessory sales of alcoholic beverages); prepared food for off-site consumption, a restaurant with accessory sales of alcoholic beverages, and a sidewalk cafe as accessory to the principal retail use. The developer shall actively market and use his best efforts to obtain tenants for the first floor retail space as one or more of the allowable retail uses as described above. However, should the developer be unable to obtain an allowable retail use within one year of issuance of the temporary Certificate of Occupancy for the retail space, the City may allow, upon written request of the Developer, one or more alternate uses to occupy the first floor retail space. Alternate retail use means tailor or seamstress, dry cleaners, financial institution, or business office, but not medical or veterinary office. Under the terms and conditions of the development agreement, the Community Redevelopment Agency is selling the property to the developer. The developer is agreeing to purchase the site from the agency and to sell and convey 100 public parking spaces in the parking garage back to the CRA. The Agency agrees to reimburse the developer for the cost of applications, inspections, regulatory and impact fees up to a maximum allotment. The proposal is consistent with the Goals, Objectives and Policies of the Clearwater Downtown Redevelopment Plan including: 1. Goal 1: Downtown shall be a place that attracts people for living, employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. This project will provide a density of 150 dwellings per acre and is a pioneering residential project for downtown. The residential use created by this project will further this goal of creating a vibrant downtown. Additionally, the proposed 15,000 square feet of retail and restaurant space will attract residents, tourists and the existing work force as a shopping/eating destination. Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 5 2. Objective IE: A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center, as well as employment opportunities for Downtown residents. This development will provide up to 15,000 square feet of retail and restaurant space actively encouraging businesses to locate and expand in the Downtown. The development is expected to generate 50 new jobs in the Downtown. 3. Objective IG: Residential uses in Downtown are encouraged with a variety of densities, housing types and affordability consistent with the character districts. The development includes 146 dwelling units with a variety of floor plans and prices ranging from $200,000 to $500,000. 4. Objective IH: The City shall use all existing incentives to encourage Downtown housing and shall evaluate other incentives to encourage residential uses to locate Downtown. The Clearwater Downtown Redevelopment Plan provides a pool of potential development from which developments may acquire additional dwelling units. This project includes using 85 dwelling units from that pool to achieve the desired density for the site increasing the viability of the project. 5. Goal 3: Create Downtown as a memorable place to be enjoyed by residents and visitors that capitalizes on Clearwater's waterfront location, natural resources, built environment and history. The project will effectively increase density within the Downtown Core while providing for an active streetscape with the provision of retail and restaurant spaces on the first floor along Cleveland Street. The proposal includes an attractive building and attractive landscaping which will enhance, complement and be coordinated with the proposed Streetscaping and Wayfinding Plan and the redevelopment of Station Square Park. 6. Objective 3D: Redevelopment is encouraged to create a vibrant Downtown environment containing a variety of building forms and styles that respect Downtown's character and heritage. The proposal includes a building that will complement the existing pattern of development along Cleveland Street. The stepbacks will result in the appearance to a passerby on the street of a building in harmony with other buildings in the area. 7. Policy 6: The City shall establish a Public Amenities Incentive Pool that provides density and intensity increases for projects located in all character districts, except as limited in Old Bay, in excess of the allowable maximum development potential based on a provision of selected amenities. To overcome the numerous constraints affecting redevelopment, the Clearwater Downtown Redevelopment Plan establishes the Public Amenities Incentive Pool, consisting of 2,326 dwelling units and 2,119,667 square feet of floor area for non- residential uses, available to all property within the Plan area. This provides an opportunity for the private sector to gain additional development potential while assisting the public to achieve its redevelopment goals for Downtown Clearwater. This development utilizes 85 dwelling units from the pool. The amenities provided with the application include a residential use, 100 public parking spaces and 15,000 square feet of retail and restaurant space on the first floor along Cleveland Street. Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-1Q056 - Page 6 The proposal is also consistent with Downtown Core character district Policies including: 1. Policy 4: Station Square Park shall be recreated as an active Downtown Park serving as a "pocket park" for Downtown employees and special events. The proposal includes locating a restaurant with approximately 60 outdoor seats adjacent to Cleveland Street and Station Square Park. This should contribute to the activity within the park. In addition, the proposed landscaping for the site will be coordinated with the landscaping to be part of the redevelopment of Station Square Park. 2. Policy 7: To ensure a pedestrian-friendly and safe environment, driveways shall be discouraged on Cleveland Street between Myrtle Avenue and Osceola Avenue. The proposal includes removing an existing curb cut along Cleveland Street and providing access exclusively along Laura Street via a two-way driveway into the parking garage. 3. Policy 8: Redevelopment and new construction along Cleveland Street shall be compatible with and contribute to pedestrian vitality, human scale and historic fabric. The development includes a building that will contribute to pedestrian vitality by providing a ground floor restaurant with outdoor seating at the southwest comer of the site adjacent to Station Square Park and Cleveland Street. In addition, retail spaces with display windows will also be provided on the first floor along and accessible from Cleveland Street. It will have a human scale by stepping the bulk of the building back at 30 feet and 70 feet above grade. The development will complement the historic fabric of Downtown Clearwater by "borrowing" architectural features and details from surrounding buildings including the use of stonework, stucco, arches, extensive window displays and canopies and awnings. COMPLIANCE WITH STANDARDS AND CRITERIA: Redevelopment Plan and Code Section 2-903): (Clearwater Downtown STANDARD PROPOSED CONSISTENT INCONSISTENT Density (70 du/ac; [X] [ ] pending 150 du/ac) 146 dwelling units Impervious surface [X] [ ] ratio (1.0) 0.93 Lot area (N/A) 42,361 square feet [X] [ ] Lot width (N/ A) 182 feet [X] [ ] Height (30 feet) 158 feet [X] [ ] Attached Dwellings: 221 spaces Parking spaces (388 Retail: 2 spaces [ ] spaces) Restaurant: 3 spaces [X] Public Parking: 100 spaces Total: 326 spaces Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 7 COMPLIANCE WITH FLEXIBILITY CRITERIA (Code Section 2-903.C): Consistent Inconsistent The development or redevelopment of the parcel proposed for 1. development is otherwise impractical without deviations from the use, intensity and development standards. The development of the parcel proposed for development as a 2. Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties. 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater. 4. The use or mix of uses within the Comprehensive Infill Redevelopment Project is compatible with adjacent land uses. The development of the parcel proposed for development as a 5. Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. The design of the proposed Comprehensive Infill Redevelopment Project creates a form and function which 6. enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Flexibility in regard to lot width, required setbacks, height and 7. off-A venue parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Adequate off-street parking in the immediate vicinity according 8. to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. 9. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. [X] [X] [X] [X] [X] [X] [X] [X] [X] Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 8 [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS (Code Section 3-913): Consistent Inconsistent Development of the land will be in harmony with the scale, 1. bulk, coverage, density and character of adjacent. [X] [ ] Development will not hinder or discourage development and use 2. of adjacent land and buildings or significantly impair the value thereof. [X] [ ] Development will not adversely affect the health or safety of 3. persons residing or working in the neighborhood of the proposed use. [X] [ ] 4. Development is designed to minimize traffic congestion. [X] [ ] Development is consistent with the community character of the 5. immediate vicinity. [X] [ ] Design of the proposed development minimizes adverse effects, 6. including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. [X] [ ] Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 9 SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on December 4,2003. The applicant has worked with staff over the past several months to provide an attractive, well-designed development that will enhance the local area and City as a whole. The development will further the City's goals of improving the character of the area and promoting private sector investment within the Downtown. The proposal is in compliance with the standards and criteria for Flexible Development approval for Comprehensive Infill Redevelopment Project use, with all applicable standards of the Community Development Code and is consistent with the Clearwater Downtown Redevelopment Plan. The Planning Department recommends APPROVAL of the Flexible Development application to permit a mixed-use development and a building within the required sight visibility triangles, reduction the required number of parking spaces from 388 spaces to 226 spaces, an increase the permitted height from 30 feet to 158 feet and an increase of the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan area Public Amenities Inceptive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C and a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202. G. with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-903.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The proposal is in compliance with the Vision, Goals, Objects and Policies of the Clearwater Downtown Redevelopment Plan and the Downtown Core character district. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1. That this application be effective upon approval of the Clearwater Downtown Redevelopment Plan by the Countywide Planning Authority; 2. That this application be effective upon development agreement approval by the Community Redevelopment Agency; 3. That the permitted uses for the first floor retail area include retail establishments that sell or lease goods directly to the consumer such as a book store, gift shop, antique store, florist, clothing store, video store; an art gallery; gourmet grocery store (which may include accessory sales of alcoholic beverages); prepared food for off-site consumption, a restaurant with accessory sales of alcoholic beverages, and a sidewalk cafe as accessory to the principal retail use; 4. That the developer shall actively market and use his best efforts to obtain tenants for the first floor retail space as one or more of the allowable retail uses as described above. Should the developer be unable to obtain an allowable retail use within one year of Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 10 issuance of the temporary Certificate of Occupancy for the retail space, the City may allow, upon written request of the Developer, one or more alternate uses to occupy the first floor retail space; 5. That the following uses be prohibited: a. All uses prohibited by the Clearwater Downtown Redevelopment Plan; b. All other retail uses not specifically defined by the Development Agreement as allowable retail uses or alternate retail uses, pursuant to the Community Development Code's definition of retail sales and service; c. Nightclub/Bar; d. Alcoholic Beverage Package Store; and e. Medical or Veterinary offices; 6. That a minimum of 100 and a maximum of 146 dwellings units be located on the site and that no unit be less than 1,000 square feet in gross floor area; 7. That the project shall contain approximately 15,000 square feet of allowable retail uses (as defined above) on the first floor; 8. That a minimum of 100 parking spaces be made available to the public per the development agreement; 9. That the final design and color of the building be consistent with the conceptual elevations submitted to (or as modified by) the CDB, and be approved by Staff; 10. That a complete permit application including site plans be submitted within six months of the purchase date; 11. That construction must commence within 240 days of closing on the property; 12. That the Certificate of Occupancy be issued within 18 months of the issuance of building permit; 13. That all vehicles in the building be completely screened from view from the south and west sides of the subject site; 14. That a Transportation Impact Fee be paid, prior to the issuance of a Certificate of Occupancy; 15. That all Fire Department requirements be met, prior to the issuance of any permits; 16. That all Traffic Department requirements be met, prior to the issuance of any permits; 17. That payment in lieu of stormwater facilities by paid, prior to the issuance of any permits; 18. That a final landscape which matches and complements the landscaping proposed for the Station Square Park redevelopment the Streetscaping Plan be submitted to and approved by Staff prior to the issuance of any permits; 19. That a final landscape plan for the west side Post Office site be submitted to and approved by Staff prior to issuance of any permits, and including written permission by the Post Office; 20. That all signage meet the requirements of Code and be limited to attached signs on the canopies or attached directly to the building and be architecturally-integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a) All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b) All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 11 21. That the furniture used for the outdoor seating component of the restaurant will be of the highest quality and that no signage of any kind will be included on any portion of the furniture including but not limited to the chairs, tables, planters and/or umbrellas (and submitted as part of a separate sidewalk cafe application); and 22. That all of the above conditions are applicable and fully enforceable for the life of the building. Prepared by Planning Department Staff: Mark T. Parry, Planner ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S:\Planning Departmenf\C D B\FleNending cases\Up for the next DRC\Cleveland 628 Beck Development (D )\Cleveland 628 Staff Report new format. doc Staff Report - Community Development Board - January 20, 2004 - Case FLD2003-10056 - Page 12 1l:i5 a.m. Case: FLD2003-10056 jL.~ Cleveland Street Owner/Applicant: CRA, Tone 40, Ltd./Station Square, LLC. Representative: Brian Murphy, Beck Development, LLC. (5100 West Kennedy Boulevard, Suite 251, Tampa, FL 33609; phone: 813-387-5336; fax: 813-288-0188; cell: 813-918-2305; email: brianmurohv(@'beckgroup.com). Location: 0.97 acres located on the north side of Cleveland Street, approximately 500 feet west of North Myrtle Avenue. Atlas Page: 286B. Zoning: D, Downtown District. Request: Flexible Development approval to permit a mixed-use development and a building within the required sight visibility triangles, a reduction of the required number of parking spaces from 388 spaces to 226 spaces, an increase of the permitted height from 30 feet to l~et and an increase of the permitted density from 61 dwelling units to 146 dwelling units by usin~welling units from the Clearwater Downtown Redevelopment Plan area density pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C and a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202. G. Proposed Use: The proposal includes a mixed-use development with 146 attached dwellings, 5,096 square feet of retail sales and service and 9,904 square feet of restaurant within a building 158 feet in height. Neighborhood Associations: None. Presenter: Mark T. Parry, Planner. Attendees included: City Staff (tentative): Frank Gerlock (planning), Bryan Berry (planning), Scott Rice (engineering - traffic, general engineering and stormwater), Tom Glenn (solid waste), Duanne Anderson (fire), Arden Dittmer (landscaping), Rick Albee (land resources) and Mark Parry (planning/presenter). Applicant/Representative (tentative): Brian Murphy The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) Exempt from Open Space/Recreation Impact Fees since located in the downtown redevelopment area. 2. Stormwater: a) Payment in lieu must be received prior to Building Permit. ......., ~ .'~ / b) The following items must be addressed prior to Building Permit: \., V~. ^ !'\.f'l~ ~ Show where water quality will be provided. N () /lW '-' ~ ~ SWFWMD permit or letter of exemption. / \'IYL' ~ Water quality storage must recover within 24 hours. WV 3. Traffic En2ineerin2: t a) Site plan must inclu dimensions for drive aisles. Show current city s~andard regular parking stall, handicapped p rking stall, handicapped fine sign, and drive aisles. ;) t.4 ..- W ~ Will this be gated? If so show location of the console. Also there must be enou~h room for ~ 19 stacking of three cars on the property. Vehicles must not obstruct Laura Street. Nr A- o c) Show vertical clearance for parking garage. ~ ' d) Provide sidewalk along Laura Street; , y e) Handicap parking aisles must be free of obstructi~1fi' Columns are shown in the aisles for spaces (t-N 42 and 43 on Level #2 (Sheet#A-1.2). W UA C:jA) \_f,R~ t) All of the above to be addressed prior to CDB. 5]J.... '. . / ~o '!,J' _._..-----L ~ Tra~fic I~pact Fees to be determined and paid prior ~'C.O. L ^~ f ~ /Luilck.- h0 rJ~ '_ ~ 4. General En2lDeerlD2: ~ \.: ~(. " ,I Ce ~ J'I/'" a) Cl~fy how will load~g and ?ff loading o~ deliveries be addressed? ~<\ p~ Cv- ~I b) Clanfyhow tbe pobhc "",king 'P,ce, WIll be controlled W1d re'~~ genemJ pnblic? How wIll resIdents be kept out of this area? . '\0 -7-;0 Ifw.v,. (~~ 5. Plannin2: The following items to be addressed prior to CDB review: VI v~ .Af~ a) Confirm the number of proposed dwelling units. The applications list~its where the site ~ plan data table lists ~units; ~- j): .. b) Provide all math cO'nfrdmng that this project requires 84 dwelling units from the density pool; ~ D-tvV'~ ~~ ~o.xlC J2A/U-t ~rA-d~~ , ~ (<; a'-f~ :><<~. ~lti1~ Development Review Committee Action Agenda - Thursday, December 4, 2003 - Pag$' 8 11 :00 a.m. Case: FLS2003-l0\", _ - 123 Bayside Drive Owner/Applicant: Mr. & Mrs. Marvin Feldman, 123 Bayside Drive, Clearwater, FL 33767; telephone: 727-515-6954; email: lfeldman@onicon.com Location. 0.33 acres located on the south side of Bayside Drive, approxi y 400 feet east of Ham den Drive. Atlas Page: 76A. Zoning: L R, Low Medium Density Residential District. Request: Flexi Ie Standard approval for reduction of the water ont (south) setback from 25 feet to 16 feet to a balcony an to increase the maximum building height m 30 feet to . feet in association with a proposed single-fa "ly residence located at 123 Bayside rive, as a residential infill project, under the provisions ofSectio -203.C. Proposed Use: Single amily Residential. Neighborhood Associa n: President, David MacNa e, 827 Mandalay Ave., Clearwater, FL 33767; telephone: 446-5801, dma v@att.net Presenter: John Schodtler, evelopment Review S ecialist. The DRC reviewed this application with the following 0 1. Parks and Recreation: a) No comment since replacing an 2. Stormwater: a) No comments. 3. Traffic Ene:ineerine:: a) Will this property be gate 4. General Ene:ineerine:: a) No Comments 5. Plannine:: a) Application request to "review the roof de 'go to verify that it satisfies the intent of the code restricting the hei t to 30'." cannot be perfo ed throughout this application. I believe that the request should h e been to request that the hei t of the building be XX feet above the require 30' maximum in th MDR zoning district. b) Building Rei t has not been shown correctly, e need to have dimensioned on the plans the building hei t measured to the midpoint of the cup ola. c) Do not und rstand what is going on with windows 0 the right elevation. It appears that they are running ugh the first floor. Please explain. Perh s providing a floor plan of the first living floor wo d help. 6. Solid Waste: a) No co ents. 7. Land Resourc s: a) Show the canopy of the Ficus tree on all plans and address h w, if any, conflicts will be addressed prior 0 building permit. ce, Duanne Anderson, Rick Albee and John Schodtler. Attendees included: City Staff: Frank Gerlock, Bryan Applicant/Representative: 8. Fire: a) No comments. 9. Environmental: a) No comments. 10. Community Response: a) No Comments 11. Landscapine:: a) NOTES: Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 7 c) Provide th~"".(}:;s floor area of the building. The data table'-huu"",'tlgure of34,090 square feet. If that is the gross floor area label as such; d) Provide the square footage of the footprint; .4- Adjust your date table to reflect accurate parking requirements as follows: 9,904 square feet of restaurant at 15 spaces per 1,000 square feet ofGFA = 149 required spaces not 157 spaces; 5,096 square feet of retail sales and service at four spaces per 1,000 square feet of GFA = 20 required spaces not 18 spaces; Total = 219 spaces (based on 146 dwelling units) + 149 spaces + 20 spaces = 388 spaces required. Provide the existing number of parking space~~\.L' Clarify the size of the site: 0.97 acres equals ~ square feet not 42,365 square feet as listed on the application and site plan; O. OJ 1 Z- k) It is not clear what the parking demand study shows - this needs to be clarified. In other words outline more fully the concept of "mteID.MJ:aptuLe"; @ Indicate all outdoor lighting fixtures on the site plan; -0.. dd ~U m) Indicate the sidewalk on the north side of the site along Laura Street; n) Provide existing FAR; - J (). L {( ,.......,1" 0) Provide existing ISR; /' _ UV\ ~ ~ , '"p) Accurately portray the sight visibility triangles along the property line; q) Clarify/confIrm that all proposed signage (or at least the space in which they will be located) has been accurately portrayed (indicate dimensions); and .~ Co~~ f<> CefYYvYu1'\ ~ O~b,. Indicate built-in planters along the outside of the parking garage levels to further soften the ) bLk- exterior of the building (see landscape comment for full details). All vehicles need to be screened ~ from view and the cables are not sufficient nor do they meet the intent of the Downtown Plan or t '. the Design Guidelines (currently under development). Ifplanterslll:,e notpos~i9Jc:: then decoratiYe ~ grill may be acceptable; &u~ Indicate landscaping along the east side of the bUild.I.....ng (see landscape cormye. nt for full details); Provide the number of seats to be included in the-.Q!!~!!~or seating area; :::: le 0 f'VI4::{. .~) It appears that columns are in the handicap aisles - this is not permitted so the handicap spaces will need to be either relocated or redesigned; Provide the anticipated pricing of the various types of units available;""'" '? Clarify that the project is meeting all building codes with regards to required percentage of open space for the parking garage (for ventilation); '/.ph x) Clarify who or what "CRA" is as listed on the /pPlication (Community Redevelopment Agency?); y) Provide building material samples or at least photos (include paint chips of all colors to be used)f ~c.e..tJ.; z) How are the restaurant and retail spaces accessed fro~_~~ Cleveland Street?; and .., '5hW:.- &h aa) How many jobs will be generated by the proposal? . 1..lj) /W./. Solid Waste: ~ a) There will not be enough room to service compactor - shorten the traffic divider in front to give a straight shot at the compactor. n? ~c..~ t\.6>-V\. ~"'1- -f1. ~~ 7. Land Resources: U U . a) Show all trees on and ~thin 25'._~the pr~perty on all plans prior!?,.~J::)L (', J ,/0 <=- / _ ( ~, 8. FIre: .~ti- ~ ..A.< Lv~~J' - '0 a) Ensure that the codes used for this project reflect adherence with the following before BCP permitting: - 2001 Florida Building Code - 2001 Florida Building Code - Mechanical - 2001 Florida Building Code - Plumbing - 2001 Florida Building Code - Fuel Gas Code - 2001 Florida Fire Prevention Code - National Electric Code 1999 (NFPA 70) -City of Clearwater Community Development Code, amended 2000, ordinance # 6526-00. b) Ensure adherence with Chapter 11.8 (high-rise buildings) of NFP A 101 Life Safety Code 2000 Edition; c) Ensure that that the fire alarm system is installed in accordance with NFP A 72 1999 edition, and equipped with pre-recorded voice evacuation; i) /I) ~,l.LK. Q ~~ ~ },. ()) J.' nb C:,,V1'~ ~ rvV s) ~ ./ Q /,;/' \Al r<- //(j \y u) /",/\\"'(v<~.~t IJl c'\ J"~~~~"1.r ~ \)lI rY S~ ~~~ ~ \\J~ 6. CtYV4~t wi ~ ci / (;It-- f~ f.6l/f~ Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 9 d) Ensure hooc. .alled, in accordance with NFP A 96, by a . j mechanical contractor under separate permit with shop drawings; e) Hood suppression system to be installed as per NFP A -17 a, by a licensed hood suppression contractor with a separate permit and shop drawings; f) Hood suppression system shall be interfaced with building fIre alarm system so that when hood suppression system activates the building's fIre alarm system also activates; g) Fire department connection needs to be located at minimum of 15 feet away from the building within 40 feet of the fIre hydrant; h) Fire department connections shall be identifIed by a sign that states "no parking, fIre department connection" and shall be designed in accordance with Florida Department of Transportation standards for information signage; i) Fire protection appliances (fIre department connection (fdc) shall maintain a clearance of7 and 1/2 , feet in front and to the sides of appliance; j) Clearances of 71/2' ft in front of and to the sides of the fIre hydrant, with a 4' ft clearance to the rear of the hydrant are required; k) Temporary fdc connected to dry standpipe must be installed prior to building reaching 50 ft in height (for buildings under construction); and 1) Fire sprinkler system is to be installed in accordance with NFP A 13 1999 edition. Fire sprinkler system to be installed by licensed fIre sprinkler contractor under separate permit with shop drawings. Fire sprinkler documents that contain 50 or more sprinkler heads shall be signed and sealed by a professional engineer as per 471.025 Florida statutes. 9. Environmental: a) No Comments 10. Communitv Response: a) No comments as of November 17,2003. 11. Landscapinl!: a) Irrigation must meet the City Code f-~r Section 3-1203.C., adjust plans to show 100% coverage, rain sensor, automatic timer, etc.; ~ ~ ~ b) Area to the east of the building may have plantings installed since there is approximately the same area as the one indicated on the west side of the building; and ~ ~ c) Recommend putting planters instead of cables at parking levels with a cascading plant material (i.e. Protasparagus densiflorus {asparagus springeri fern}, Mandevilla x amoena 'Alice du Pont', or Hedera helix). Something that will add color and texture to the parking areas will enhance the curb appeal of the building. NOTES: 1. In order to be placed on the January 20, 2004 CDB agenda (pfa'.'ig~r,l that a S8SQnO nRr meeting is not -->0 .~ ,..f;.JY. ~qlliTed, seenntp it? 88Ia'.v-), 15 sets of the revised submittal package must be submitted to Staff on or before \) ~ ~ _ , U noon on December 11, 2003. Packets shall be collated, folded and stapled as appropriate. Su\?.....;cosJ9"<: not. ~ '~. ~ ~ ~rel'rilttGl.Y vJ.5ant>5t!4 ",holllb",tteerneO 19 Be mS1:lffiGi{;lR ,md IduU1: ~ tS1R8 IIp}.'lirl'lnt, J' VU~.. 2. These cblfin1ents are being sent to the applicant's representative, Brian Murphy on Monday, November 17, 2003 ~~ (13 days in advance of the DRC meeting) at approximately 10:00 a.m. for the applicant's convenience. ') Additional comments may be generated at the DRC meeting on Thursday, December 4, 2003. In addition, should signifIcant changes to the proposal be required to be made by the applicant the application may be subsequently be required to be reviewed at a second DRC meeting prior to being reviewed by the CDB. DRAFT DEVELOPMENT ORDER CONDITIONS: 1. That all signage meet the requirements of Code and be architecturally-integrated with the design of the building with regards to color, materials and fInish; 2. That no freestanding signs of any kind be permitted on the site; 3. That a fInal sign package be submitted to and approved by Staff prior to the issuance of any permits which shows: a) All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b) That all signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 4. That signage be limited to signs on the canopies OR attached directly to the building; Development Review Committee Action Agenda - Thursday, December 4,2003 - Page 10 5. That all vehicles be completelY screened from view from all sides of the subJt~ .~; 6. That the furniture used for the outdoor seating component of the restaurant will be of the highest quality and that no signage of any kind will be included on any portion of the furniture including but not limited to the chairs, tables, planters and/or umbrellas; 7. That a Transportation Impact Fee be paid prior to the issuance of a Certificate of Occupancy; 8. That all Fire Department requirements be met prior to the issuance of any permits; 9. That payment in lieu of stormwater facilities by paid prior to the issuance of any permits; 10. That a final landscape which matches and complements the landscaping proposed for the Station Square Park redevelopment the Streetscaping Plan be submitted to and approved by Staff prior to the issuance of any permits; 11. That retail uses be limited to: a) Retail establishments that sell or lease goods directly to the consumer (i.e. book store, gift shops, antique store, florist, clothing store, video store, etc.); b) Art Galleries; c) Gourmet grocery stores with accessory sales of alcoholic beverages. The gourmet grocery store may also include prepared food for off-site consumption; d) Restaurants with accessory sales of alcoholic beverages; and e) Sidewalk cafes as accessory to the principal retail uses. 12. That the following uses be prohibited: a) All uses prohibited by the Clearwater Downtown Redevelopment Plan; b) All other retail uses not specifically identified above, pursuant to the Community Development Code's defmition of retail sales and service; c) NightclublBar; d) Alcoholic Beverage Package Store; e) Medical or Veterinary offices; and 1) Any other use determined by the Community Development Coordinator not to share the characteristics of "allowable retail uses". 13. That the developer shall actively market and use his/her best efforts to obtain tenants for the first floor retail space as one or more of the allowable retail uses described above; 14. That should the developer be unable to obtain an allowable retail use as described above within one year of issuance of the temporary Certificate of Occupancy for the retail space, the City may allow, upon written request of the developer, one of more of the following alternate uses to occupy the first floor retail space of the building: a) Tailor/seamstress; b) Dry cleaners; c) Financial Institution; d) Business office other than medical or veterinary office; and e) Personal services. 15. That whenever an alternate use tenant vacates the retail space, the developer or designee shall use his/her best efforts to re-establish the retail space with an allowable use as defmed in condition number 10 above; and 16. That construction be commenced within one year of closing. LUNCH Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 11 1:00 p.m. Case: FLD2003-1l L005 Gulfto Bay Boulevard Owner/Applicant: Roma Square, Inc. Representative: Robert Pergolizzi, AICP, Gulf Coast Consulting, Inc. (13630 58th Street No , Suite 110, Clearwater, FL 33760; phone: 727-524-1818; fax: 727-524- 90; email: pergo(ro,gulfcoastconsultinginc.com). Location: 1.98 acres located on the south side of Gulf to Bay Boulevard at the inter Avenue. Atlas Page: 98B. Zoning: C, Co ercial District. Request: Flexib Development approval (1) to permit a problematic use in e Commercial District with a reduction of the ont (north) setback along Gulf to Bay Boulevard fro 25 feet to 7.8 feet (to existing pavement), a redu 'on of the front (west) setback along Hercules Av ue from 25 feet to zero feet (to existing pavement), eductions of the front (south setback along Roge Street from 25 feet to one foot (to existing building) an from 25 feet to zero feet (to existing paveme , reductions of the side (east) setback from 10 feet to one ot (to existing building) and from 10 fe to zero feet (to existing pavement), a deviation to locate con ous to a residentially zoned parcel, a eviation to locate within a building which does not meet all of the urrent land development regulatio and building regulations and a reduction of required parking from fiv spaces per 1,000 square feet (11 spaces) to 3.97 spaces per 1,000 square feet (90 spaces), as a Compreh ive Infill Redevelopment Pro' ct, under the provisions of Section 2-704.L and (2) to permit a reduction 0 the landscape buffer along ulf to Bay Boulevard (north) from 15 feet to 7.8 feet (to existing pavement), a reduction of the landsca buffer along Hercules Avenue (west) from 10 feet to zero feet (to existing pave nt), a reduction of the andscape buffer along Rogers Street (south) from 10 feet to one foot (to existing bui ing) and from 10 fi t to zero feet (to existing pavement) and a reduction of the landscape buffer along the e st property line om five feet to one foot (to existing building) and from five feet to zero feet (to existing avement), as Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Problematic use (cll ck cashi g). Neighborhood Association: Skycres Asso ation (Elizabeth France, 1629 Cleveland Street, Clearwater, FL 33756; phone: 727-442-5856; emal : e 5054 earthlink.net). Presenter: Wayne M. Wells, AICP, Se . r Planner. Attendees included: City Staff: Frank Gerlock, Bryan B Applicant/Representative: , Sc tt Rice, Duanne Anderson, Rick Albee and Wayne Wells. The DRC reviewed this application with the fol 1. Parks and Recreation: a) No comment since n 2. Stormwater: a) No comments. 3. Traffic Eni!:ineerini!:: a) Remove first tw driveways irnnIediately east of the SR60 and Hercules Avenue intersection to improve Level fService along Gulf To Bay B1 d. and provide more connection spacing between a driveway an traffic signal (min. 125'.) See Sec n 3-102 D. Community Development Code. b) Provide more arking utilizing the added space ga' d from the removal of the two driveways. c) Three cons utive driveways along Hercules Ave e results in safety concerns for the many conflict po' ts. This portion of the parking area needs be redesigned to minimize conflict points. This coul provide more parking spaces that comply wi the parking stall standards. d) All Han capped stalls must comply with the current CI standards i.e. there must not be any obstacle in the 5'x19' handicapped aisle such as ramps. andicapped aisle must be flush with sidewa and ramp must start at the wings of the sidewalk as sft wn on the City details. e) All re oved driveways must match existing curbs and sidewalks. f) A urn of four handicap parking spaces must be provided for the current number of parking spac g) Co act parking not acceptable for required parking calculations. h) Sho 20' x20' sight visibility triangles for driveway on Rogers Street. i) Show loading zone exclusive of parking spaces and drive aisles. Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 12 COMMUNITY REDEVELOPMENT AGENCY Agenda Cover Memorandum "'" Final Agenda Item # Meeting Date: eRA 3 . July 14,2003 SUBJECT/RECOMMENDATION: Approve Selection Committee ranking of respondents to the Request for Proposals and Qualifications (RFP/Q) for the redevelopment of the Station Square Parking Lot Site and authorize the negotiation of a development agreement with the top ranked proposal, alla that the approptUlte officials be authonzed to execute same. SUMMARY: On May 12, 2003, the CRA authorized the issuance of an RFP/Q to select a qualified developer/development team to redevelop the Station Square Parking Lot site as a mixed-use infill development. The CRA is making the site available for redevelopment as a catalyst for new urban housing and professional office use in the Downtown core. The site is 35,968+/- square f~et, :.i.~' currently used as a public parking surface lot, and is owned by the CRA. , ~uac~ (Ok~7G1L ~ U/1ilf tfi. itk . Two developers: 1) The Beck Group and 2) Dayhoff, LLC, responded to the' I FP/u and submitted proposals on 6/13/03. . The Selection Committee met on 6/18/03 to review the proposals. In order to gather more detailed background information on the firms' development experience and financial history, the Selection Committee decided to interview both firms and subsequently rank the proposals. . The selection of the development candidate will be based on four criteria, each having equal weight: 1) Development qualifications; 2) Financial capability of the development team; 3) Economic benefit to the City of Clearwater; and 4) Merits of the conceptual development plan. The major components of the preferred proposal will contain the following: . Provision for public and private parking spaces; . New retail storefronts and a restaurant fronting on Cleveland Street; . Provision of urban housing; . Potential for including office space; . Willingness to work with the City regarding urban design issues; . Incorporation of proposed Streetscape design; . Realistic development and construction schedule; and . Negotiation of development incentives with the City/CRA. Reviewed by: Legal IlL Budget NA Purchasing NA Risk Mgmt NA Originating Dept: lP~ Economic Developm t and Housin User Dept. /1.. I/) Economic Developme'tir Attachments 1) Map Other Appropriation Code: Info Tech NA Public Work~))f1 DCM/ACM I~ Other NA ~ ~~._J ---::;- nt1t;~ tP1 ~. .... ~aca~ -&innWt~ 11 fo CUvi.-~dr; -10aJt11a'~ Costs -0- Total Funding Source: Capital Improvement Operating Submitted by: ""0. e, J I Cit Manager Q(.,U ~ Printed on recycled paper 2/98 o None Current Fiscal Year Rev. The selected proposal will be revi( :JY the Community Development B JS a Comprehensive Infill applicatidn for site and architectural design Cl~ well as review of the additional dwelling units allocated through the Public Amenities Incentive Pool. 2 -' .'. --' " to ,,- -- N 8t~ n L() -- 9t~ 9t~ ..q- I- W L() ..q- W 0::: 9t~ to -- I- en f"--. f'I) ex) -- 80~ <( (j) 0::: N :::> 0 .- /70~ <( ~ -r- --' -- 't--. ~ .3AV lSV3 0 CO 0 .,... -- @ f'.. .- I- W to W .- IY I- (f) L[) 089 .- @ (f) ~ ~ U ..- - IY W 0 --1 z W I :J V)~ ^\ N / ~ f'.. '\" ~ "v&~ 0 ..- 9t~ OJ /7t~ lX) 0 f'.. (() N n ~ to L() OO~ ',. 9/79, ~ ,,- ..-- b .., ... ..- ..- 8Z9 co n ~ Zt9 ~.:c r-- ..- -.;:f- ..- I") I--~ 1'0 JV909 ~ 009 I o ..,j- C<) C') 96g lLlt """JAV N30~V8 co Q) i" (() "\r ~ ...- N to ..- ..- 't- 196r W Olr W 0::: l- I.[) /789 en n OS9 """" 8'69 . 0::: . en 0/79 io) It) o z <( --' W > .II 1'.10 ~ ~ 9Z~ ~ 6t~ ~t~ C"l 9/~ StL. HL. L.O/.; tOL. LO ^ 90/ 6/79 L./79 ~ 9/79 689 N 989 f'I") 889 t89 ~ 6Z9. ~Z9 L() SZ9 tZ 9 CD 619 9t9 f'.. n t09 ..q- Co ..... -0 OJ.- -+-' 0(1) > tS9 E 0..- -+-' 1'00 ..--..- c L.Z9~ (IJ 0I0r ~In{f. J4Jztf~ /1,11 ()UIhkl-,/J1/L}hJ~ /1:-, ljijtJ-XiJ;t?tIJ, f1CV~ pL.fzw* /~JhA ~ ~-~kpj71J~ -- tJIJrJ~ -~ftb:t( (Jfo /~ ~Fh~ . ~-OtrNJl/~~~~~ . 1fff.?n)I?Ch7h~ Io~ /..h~ 4Ohv~t/I~/l~- ~ J?w.aw~ ~ d4 P1rr- /Ip~ /j'-o SELECTION COMMITTEE MEETING JUNE 23, 2003 STATION SQUARE PARKING LOT INFILL REQUEST FOR PROPOSALS Respondents Dayhoff, LLC Beck Corporation Selection Committee Ralph Stone (1) Mashid Arasteh (2) Pam Akin (3) Geri Campos (4) Cyndi Tarapani (5) Garry Brumback (6) Reg Owens (1) Ranking Criteria Economic Benefit to ClearwaterN alue Added 25% Development Qualifications/Experience 25% Financial Capability 25% Development ProposalJDesign 25% Ranking 1 Committee Members 2 3 4 5 6 7 Total Dayhoff, LLC 85% 85% 75% 70% 60% 65% 80% 520/700 Beck Corporation 90% 90% 85% 85% 70% 80% 90% 590/700 o U0)OK-a Fierce. Lisa - From: Sent: To: Subject: Tarapani, Cyndi Monday, February 09, 2004 3:44 PM Fierce, Lisa; Gerlock, Chip FW: AGREEMENT FOR DEVELOPMENT ,,r;' for the station sq file. thanks. Cyndi Tarapani Planning Director (727)562-4547 cyndi. tarapani@MyClearwater.com I /' I I~: i -.mOriginal Messagem-- From: Akin, Pam Sent: Friday, February 06,20041:45 PM To: David Platte (E-mail) Cc: Owens, Reginald; Tarapani, Cyndi; Stone, Ralph; Arasteh, Mahshid; Simmons, Margie Subject: AGREEMENT FOR DEVELOPMENT rv '-, 00001881.doc .,,\., *.'.......; ., , " Ii One last run through to make sure we are complete. David, I think I incorporated your comments except as we discussed, my additional language is underlined. '" :..... ,'~' '\ \ \~ ,\~'~ '} :j ,il .'" r\ 1 . ) 1 I . AGREEMENT FOR DEVELOPMENT AND DISPOSITION OF PROPERTY (Station Square Development) This Agreement for Development and Disposition of Property ("Agreement") is made as of this 17th day of February, 2004, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes ("Agency"), and STATION SQUARE, LLC, a Florida limited liability company ("Developer"). WIT N E SSE T H: WHEREAS, as of June 23, 2003, pursuant to the Request for Proposals, dated May 14, 2003, the Community Redevelopment Agency of the City of Clearwater, Florida (the "Agency") tentatively accepted the proposal of Developer, dated June 13, 2003, in response thereto, subject to negotiation of a definitive agreement with Developer pertaining to and setting forth the terms and conditions for the development of not to exce~d 146 r'esidential condominiums, 15,000 scware feet of retail, and approximately /'J-.,1 C 326 'parking spaces including 100 public parking spaces, known as Station Square in the '-< ~ ~ ".. . 'community redevelopment area of the City; / :) il ,-, 7- J iJ.fiV " ,r ~'}fU WHEREAS, the Agency proceeded with the preparation of a definitive development and disposition agreement to set forth the respective duties and responsibilities of the parties pertaining to the conveyance of the Station Square Parking Lot Site (as hereinafter defined), and the design, development, construction, completion, operation and maintenance of the Station Square Project (as hereinafter defined), and design, construction and installation of the Infrastructure Improvements (as hereinafter defined); WHEREAS, the Agency and Developer have entered into and concluded ne,gotiations for said definitive development and disposition agreement, which negotiations have resulted in this Agreement; WHEREAS, due to certain terms and conditiofls of this Agreement and in order to provide for the successful development of the Project, the Agency has entered into an interlocal agreement with the City of Clearwater, Florida ("City"),~dated as of February 17, 2004 ("Interlocal Agreement"), providing for the cooperation and assistance of the City and the Agency in accomplishing the goals and objectives of this Agreement, including establishing certain other duties, obligations, terms and conditions of the Agency and the City pertaining to the Project Site and the Infrastructure Improvements; WHEREAS, at a duly called public meeting on February 17, 2004, the Agency approved this Agreement and authorized and directed its execution by the appropriate officials of the Agency; WHEREAS, the members (as that term is defined in the operating agreement of the Developer) of Developer has approved this Agreement and has authorized and directed certain individuals to execute this Agreement on behalf of Developer; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The terms defined in this Article I shall have the following meanings, except as herein otherwise expressly provided: (1) "Act" means the Constitution of the State of Florida; Section 163.01, Florida Statutes, Part III, Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, other applicable provisions of law, and ordinances and resolutions of the City and the Agency implementing them. (2) "Agency" means the Community Redevelopment Agency of the City, as created by Resolution No. 81-68 of the City, adopted by the City Commission on August 6, 1981, including any amendments thereto, and any successors or assigns thereto. (3) "Agreement" means this Agreement for Development and Disposition of Property, including any Exhibits, and any amendments hereto or thereto. (4) "Agreement Expiration Certificate" means the instrument executed by the parties hereto as provided in Section 17.19 certifying that all obligations of the parties hereto have been satisfied and this Agreement has expired in accordance with its terms, the form of which is attached hereto as Exhibit "E." (5) "Agreement Termination Certificate" means the instrument executed by the parties hereto as provided in Section 13.06 stating that this Agreement has been terminated prior to its Expiration Date as provided in Section 13.05, the form of which is attached hereto as Exhibit "F." (6) "Allowable Retail Uses" means a retail establishment that sells or leases goods Station Square Development 2-5-04 Draft 2 directly to the consumer, such as a book store, gift shop, antique store, florist, clothing store, video store; an art gallery; a gourmet grocery store, which may include accessory sales of alcoholic beverages; and prepared food for off site consumption; a restaurant with accessory sales of alcoholic beverages; a sidewalk cafe as accessory to the principal retail use. {7) "Alternative Retail Uses" means tailor or seamstress; dry cleaners; financial institution; or business office - but not medical or veterinary office. (8) "Area" means the area located within the corporate limits of the City having conditions of slum and blight (as those conditions are defined in the Act) as found by the City Commission in Resolution No. 81-67, adopted by the City Commission on August 6, 1981 and as amended by Resolution No. 03-22, adopted by the City Commission on May 1 , 2003. (9) "Authorized Representative" means the person or persons designated and appointed from time to time as such by the Developer or the Agency, respectively, pursuant to Section 2.04. (10) "Building Permit" means, for all or any part of the Station Square Project to be constructed on the Project, any permit issued by the City authorizing, allowing and permitting the commencement, prosecution and completion of construction to the extent provided in said permit. {11) "Cassano Property" means that property immediately to the east of the Station Square Parking Lot Site, as described in Exhibit A-2, which property is controlled by the Developer. (12) "City" means the City of Clearwater, Florida, a Florida Municipal Corporation, and any successors or assigns thereto. (13) "City Commission" means the governing body of the City, by whatever name known or however constituted from time to time. (14) "Closing Date" means the date on which title to the Station Square Parking Lot Site is conveyed by the Agency to the Developer in accordance with and as contemplated by the provisions of Article 7 hereof. (15) "Commencement Date" means the date of issuance of the first Building Permit for any part of the Station Square Project. (16) "Completion Date" means the date on which construction of the Station Square Project is substantially complete as evidenced by a Completion Certificate. Station Square Development 2-5-04 Draft ~ (17) "Contractor" means one or more individuals or firms constituting a general contractor or other type of construction contractor properly licensed by the State of Florida or other appropriate jurisdiction to the extent required by applicable law, authorized to perform construction contractor services in the State of Florida, registered with the City as required by applicable law, bonded and insured to the extent required by applicable law and this Agreement, including the Developer or any affiliates of the Developer. (18) "Construction Financing" means the funds provided by the Construction Lender to the Developer during the term of this Agreement to pay the cost of developing and constructing the Station Square Project, or any portion thereof, on the Project Site, including, but not limited to, acquisition of the Station Square Parking Lot Site, financing costs, "soft costs," overhead, and the design, construction and equipping of the Station Square Project. (19) "Construction Lender" means any person or persons providing the Construction Financing or any portion thereof. (20) "Developer" means Station Square, LLC, a Florida limited liability company, and any successors and assigns thereof, including any entity, partnership, joint venture, or other person in which Station Square, LLC, is a general partner or principal, but not including any entity, partnership, joint venture, or other person in which Station Square, LLC is a general partner or principal which is not undertaking or participating in any development of the Station Square Project, or any part thereof. (21) "Effective Date" means the date determined in accordance with Section 17.20 when the Memorandum of Development Agreement is recorded and this Agreement becomes effective. (22) "Exhibits" means those agreements, diagrams, drawings, specifications, instruments, forms of instruments, and other documents attached hereto and designated as exhibits to, and incorporated in and made a part of, this Agreement. (23) "Expiration Date" means the date on which this Agreement expires, as evidenced by the Agreement Expiration Certificate being recorded in the public records of Pinellas County, Florida, as provided in Section 17.19 hereof. (24) "Impact Fees" means those fees and charges levied and imposed by the City, Pinellas County and any other governmental entity on projects located in the Project Site for certain services impacted by development such as the Station Square Project. (25) "Infrastructure Improvements" means the improvements to Station Square Park and Cleveland Street, more particularly described in Exhibit G, be designed, constructed and installed by the Agency or caused to be designed, constructed and installed by the Station Square Development 2-5-04 Draft 4 Agency in substantial accordance with the Infrastructure Improvements Plans and Specifications. (26) "Infrastructure Improvements Completion Date" means the date on which construction and installation of the Infrastructure Improvements are substantially complete as contemplated by this Agreement and as evidenced by the Infrastructure Improvements Completion Certificate. (27) "Infrastructure Improvements Completion Certificate" means the instrument executed by the Agency certifying that design, construction, installation and equipping of the Infrastructure Improvements are substantially complete and usable for the purposes contemplated by this Agreement and setting forth the Infrastructure Improvements Completion Date, the form of which is attached hereto as Exhibit "_." (28) "Infrastructure Improvements Plans and Specifications" means the plans and specifications pertaining to the Infrastructure Improvements, including the Infrastructure Schedule for commencing, continuing and completing such improvements, all as prepared, reviewed and approved as provided in Article 5 hereof. (29) "Infrastructure Schedule" means the schedule for commencing, continuing and completing the design, construction, and installation of the Infrastructure Improvements, as prepared, reviewed and agreed to as provided in Article 5. (30) "Interlocal Agreement" means the interlocal agreement between the City and the Agency, dated as of February 17, 2004, entered into pursuant to Sections 163.01 and 163.400, Florida Statutes, which establishes certain duties and responsibilities of each party thereto pertaining to the Project and the implementation of this Agreement, including, but not limited to, the Infrastructure Improvements purchase of the public parking spaces within and the Project Site, which agreement is further described in Section 2.05 hereof. (31) "Permits" means all zoning, variances, approvals and consents required to be granted, awarded, issued, or given by any governmental authority in order for construction of the Project, or any part thereof, to commence, continue, be completed or allow occupancy and use, but does not include the Building Permit. (32) "Plan" means the community redevelopment plan for the Area, including the Project Site, as adopted by the City Commission on September 18, 2003, by enactment of its Ordinance No. 7153-03, and including any amendments to the Plan. (33) "Project Professionals" means any architects, attorneys, brokers, engineers, consultants, planners, construction managers or any other persons, or combination thereof, retained or employed by the Developer in connection with the planning, design, construction, permit applications, completion and opening of the Station Square Project, Station Square Development 2-5-04 Draft -') but does not include the Developer. (34) "Project Site" means the tract of land located in the Area part of which is to be conveyed to the Developer by the CRA constituting the Station Square Parking Lot Site together with the Cassano Property as described in Exhibit A on which the Station Square Project will be located, as more particularly described and depicted on Exhibit "A." (35) "Proposal" means the proposal for redevelopment of the Project Site, dated June 13, 2003, submitted by the Developer to the Agency in response to the RFP. (36) "Public Parking Condominiums" means the approximately 100 parking spaces contained within the Station Square Project to be owned by the CRA or the City. (37) "RFP" means the Request for Proposals initially published by the Agency on May 14, 2003, soliciting proposals from persons interested in redeveloping the Project Site in accordance with the Act and the Plan. (38) "Site Plan" means the depiction and description of the Station Square Project on the Project Site, the initial version of which is attached hereto as Exhibit "8." (39) "Station Square Project" or "Project" means the not more than 146 residential condominium units and appurtenant facilities, not more than 15,000 square foot allowable retail space, and approximately 326 parking spaces, approximately 100 of which will be public parking, to be located on the Project Site as contemplated by the Proposal and this Agreement and constructed substantially in accordance with the Station Square Plans and Specifications. (40) "Station Square Project Plans and Specifications" means the plans and specifications pertaining to the construction, installation and equipping of the Station Square Project, including the schedule for completing the Station Square Project. (41) "Station Square Parking Lot Site" means that part of the Project Site, which is conveyed to the Developer by the Agency pursuant to the terms of Article 7 hereof. (42) "Termination Date" means the date on which this Agreement is terminated by any party hereto as provided in Section 13.05, and as evidenced by the Agreement Termination Certificate. (43) "Unavoidable Delay" means those events constituting excuse from timely performance by a party hereto from any of its obligations hereunder; as such events are defined in and subject to the conditions described in Article 14 hereof. 1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular Station Square Development 2-5-04 Draft () number, and the word "person" shall include corporations and associations, including public bodies, as well as natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used. 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (1997), as amended from time to time. ARTICLE 2. PURPOSE; PROPOSAL. 2.01. Intent; Purpose of Agreement. (a) The purpose of this Agreement is to further the implementation of the Plan by providing for the planning, construction and installation of the Infrastructure Improvements, the conveyance of the Station Square Parking Lot Site to the Developer and the development and construction and operation of the Station Square Project thereon in accordance with the Station Square Project Plans and Specifications, all to enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of the Area through the eradication of conditions of blight, all in accordance with and in furtherance of the Plan and as authorized by and in accordance with the Act. (b) (1) The Project Site is to be redeveloped according to Station Square Project Plans and Specifications for use as not more than 146 residential condominium units and 15, square feet of Allowable Retail Uses, together with approximately 326 parking spaces, 100 of which will be public parking. (2) As provided in this Agreement, the Agency shall undertake certain public actions pursuant to the Act and as implementation of the Plan, including making the Project Site available for redevelopment, assistance in obtaining such approvals by governmental authorities as are necessary for development of the Station Square Project, and the construction and installation of the Infrastructure Improvements. (c) As provided in this Agreement, the Developer shall carry out the redevelopment of the Station Square Parking Lot Site by purchasing the Station Square Parking Lot Site from the Agency, and assembling it with the Cassano Property, obtaining approvals by governmental authorities necessary for development of the Station Square Project, constructing various private improvements on the Project Site, and causing the Station Square Project to be developed as described herein. 2.02. Developer's Proposal. (a) The Proposal for the redevelopment of the Project Site, specifically including the acquisition of the Station Square Parking Lot Site by the Developer from the Agency and the consolidation of that property with the Cassano Property and the design, construction, Station Square Development 2-5-04 Draft 7 equipping, completion and use of the Project, and each component thereof, is hereby found by the Agency and acknowledged by the Developer: (1) to be consistent with and in furtherance of the objectives of the Plan, (2) to conform to the provisions of the Act, (3) to be responsive to the RFP, (4) to be in the best interests of the citizens of the City, (5) to further the purposes and objectives of the Agency, and (6) to further the public purpose of eradicating conditions of blight in the Area. The parties recognize and agree that during the process of review and approval provided for in the Agreement the design of the Project may be subject to change and modification as may be either agreed to by the parties or required as provided herein or by the appropriate regulatory authority, and should any changes be necessary or desirable the parties agree that they will act expeditiously and reasonably in reviewing and approving or disapproving any changes or modifications to the Project. (b) Based upon and as a result of the findings set forth in subsection (a) above, the Proposal, including such changes and revisions as are provided by this Agreement, is hereby affirmed by the Developer and approved and accepted by the Agency. (c) The parties hereto find that the terms and conditions set forth in this Agreement do not, individually or collectively, constitute a substantial deviation from the RFP or the Proposal. 2.03. Cooperation of the Parties. The parties hereto recognize that the successful development of the Project and each component thereof is dependent upon continued cooperation of the parties hereto, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Project is designed, constructed, equipped, completed and operated as provided herein. 2.04. Authorized Representative. (a) Each party shall designate an Authorized Representative to act on its behalf to the extent of the grant of any authority to such representative. Written notice of the designation of such a representative (and any subsequent change in the Authorized Representative) shall be given by the designating party to the other party in writing in accordance with the procedure set forth in Section 17.03 hereof. (b) Except as otherwise expressly provided in this Agreement, whenever approval or action by the Developer or the Agency is required by this Agreement, such action or approval may, in the discretion of the party considering such approval or action, be taken or given by the Authorized Representative thereof. A party to this Agreement may rely upon the representation of the other party's Authorized Representative that such person Station Square Development 2-5-04 Draft R has the requisite authority to give the approval or take the action being done by that Authorized Representative. A party may not later deny that its Authorized Representative had the authority represented to and relied upon by the other party or revoke or deny any action taken by such Authorized Representative which was relied upon by the other party. (c) The Developer does hereby notify the Agency that its initial Authorized Representative for the Project is Nick Pavonetti. (d) The Agency does hereby notify the Developer that its initial Authorized Representative is Ralph Stone, Executive Director. 2.05. Interlocal Agreement. (a) As of the Effective Date, the Agency and the City have entered into the Interlocal Agreement, a true and correct copy of which has previously been provided to the Developer. The parties recognize and acknowledge that the City, as a general purpose unit of local government possessing certain sovereign and governmental powers, including the power to tax, may not contractually obligate itself to a private party now or in the future to exercise or not exercise those powers or subject the exercise of those powers to certain terms and conditions. The parties further recognize and acknowledge that Section 163.400, Florida Statutes, authorizes units of local government, such as the City and the Agency, to enter into agreements to carry out the powers granted by Part III, Chapter 163, Florida Statutes, and Section 163.01, Florida Statutes, authorizes units of government, such as the City and the Agency, to enter into agreements such as the Interlocal Agreement whereby the powers and duties and obligations of one unit of government may be exercised by another or one unit of government may obligate itself to the other to undertake or not undertake certain actions. (b) The parties acknowledge that in the Interlocal Agreement the City has agreed with the Agency to take certain actions or to refrain from taking certain actions which the Developer has represented to the Agency are critical to the successful development of the Project as contemplated by this Agreement, specifically including the design, construction, installation and completion of the Infrastructure Improvements and purchase of the public parking spaces. (c) (1) Based on the Developer's representation described in subsection (b), the Agency agrees to take such actions as may be necessary from time to time to implement, commence and complete the actions required to be taken by the City pursuant to the Interlocal Agreement and, further agrees, that in the event the Agency fails to do so, the Developer may seek an appropriate order, ruling, judgment or other directive to the Agency from a court of competent jurisdiction to enforce this obligation of the Agency to cause the City to do or not to do certain things under the Interlocal Agreement, provided that nothing in this subsection (c) is intended or shall be deemed to give the Developer any right to recover damages in any action brought by the Developer contemplated by Station Square Development 2-5-04 Draft 9 this subsection (c) pertaining to the interlocal agreement. Nothing in this subsection (c) is intended to deprive the Developer of any rights, remedies or actions it may take pursuant to sections 13.02 or 13.05 hereof. 2) The Agency covenants and agrees with the Developer that in any legal proceeding regarding the Station Square Project it will not assert or agree that the Interlocal Agreement is void or invalid, in whole or in part. (d) The Agency covenants and agrees with the Developer that for so long as this Agreement is in effect it will take such actions as are necessary to maintain the Interlocal Agreement in full force and effect and will not take any action or fail to take any action that will result in the termination of the Interlocal Agreement before it is scheduled to expire by its own terms or will result in changes to the Interlocal Agreement which would have the effect of adversely affecting the rights and obligations of any party to this Agreement. (e) Nothing in this Agreement, specifically including this Section 2.05 expressly or implied, is intended to or shall be construed to confer upon any person, firm or corporation other than the parties hereto, any right, remedy, or claim, legal or equitable, under or by reason of this Agreement or any provision hereof. It is the intent of the parties hereto that this Agreement and all its provisions are intended to be and are for the sole and exclusive benefit of the parties hereto. (f) The Agency shall provide to the Developer any proposed amendments to the Interlocal Agreement at least thirty (30) days before such amendments will be considered by the governing body of the Agency. ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE. 3.01. Zoning. On the Effective Date, the zoning classification for the Project Site is Downtown, abbreviated as "D." The parties recognize and acknowledge that the zoning classification of the Project Site as of the Effective Date does permit development of the Project on the Station Square Parking Lot Site. The parties further recognize and acknowledge that the City has in the Interlocal Agreement agreed not to rezone the Station Square Parking Lot Site so as to prevent subsequent development of the Project to the extent and for the uses currently contemplated. 3.02. Redevelopment Plan. The Agency represents to the Developer and the Developer acknowledges that as of the date of the RFP and the Proposal the provisions of the Plan pertaining to the Project Site were not consistent with the Station Square Project as contemplated by the Proposal. The Agency represents and warrants to the Developer that it initiated actions necessary Station Square Development 2-5-04 Draft 10 to amend the Plan to make it consistent with the Station Square Project contemplated by the Proposal and such amendment has been approved by the City Commission and the County Commission and the amendment to the Plan to make it consistent with the Station Square Project as contemplated by the Proposal went into effect prior to the Effective Date. 3.03. Development of Regional Impact. The parties hereto acknowledge and agree that the Project as contemplated by the Proposal and this Agreement was not and is not as of the Effective Date a "development of regional impact" within the meaning of Section 380.06, Florida Statutes. 3.04. Permits. (a) The Developer shall prepare and submit to the appropriate governmental authorities, including the City, the applications for each and every Building Permit and any and all necessary Permits for the Station Square Project, and shall bear all costs of preparing such applications, applying for and obtaining such permits including applicable application, inspection, regulatory and Impact Fees or charges pertaining to the Station Square Project, including, but not limited to, any such permit, review, application, inspection, regulatory or Impact Fees. The Agency agrees to reimburse Developer the cost of such applications, inspections, regulatory and impact fees up to $460,000. Such reimbursement shall be paid in two equal installments over two years commencing one year following the Completion Date of the Station Square PrQject. (b) The Agency shall cooperate with the Developer in obtaining all necessary Permits and the Building Permit required for the construction and completion of the Station Square Project. (c) The Agency shall prepare and submit, or pursuant to the Interlocal Agreement cause the City to prepare and submit, to the appropriate governmental authorities, including the City, the applications for all necessary Permits for the Infrastructure Improvements, and shall bear all costs of preparing such applications, applying for and obtaining such permits and pay any and all applicable permit, review, application, inspection, regulatory and Impact Fees or charges pertaining to the Infrastructure Improvements. (d) The Agency's duties, obligations, or responsibilities under any section of this Agreement, specifically including but not limited to this Section 3.03 do not affect the Agency's or the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building or project regulation. (e) Notwithstanding any other provisions of this Agreement, any required permitting, Station Square Development 2-5-04 Draft 11 licensing or other regulatory approvals by the Agency or the City shall be subject to the established procedures and requirements of the Agency or the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the Agency or the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established processes and in accordance with applicable provisions of law. 3.05. Concurrency. (a) The parties hereto recognize and acknowledge that Florida law (specifically, Part II, Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code, collectively the "Growth Management Act") impose restrictions on development if adequate public improvements are not available concurrently with that development to absorb and handle the demand on public seNices caused by that development. The City has created and implemented a system for monitoring the effects of development on public seNices within the City. The Developer recognizes and acknowledges it must satisfy the concurrency requirements of Florida law as applied to the Station Square Project. Specifically, the Developer covenants and agrees to comply with the City's land development code, including providing to the City any and all data and analysis that shows the Station Square Project will be consistent with the goals, objectives and policies of the comprehensive plan for the City, adopted by the City and in effect on the Effective Date, and the Developer further covenants and agrees to comply with concurrency certification provisions of the City's land development code. (b) The Agency represents and warrants and the Developer acknowledges that as of the Effective Date the Project as contemplated by this Agreement does not require any reseNation of capacity or to seek any approvals as a result of the concurrency requirements described in subsection (a). If legally obligated in the future to comply with such requirements, the Developer agrees to seek issuance of a concurrency compliance certificate or other similar document by whatever name known and a reseNation of seNices capacity under the City's concurrency management system, and does further agree to maintain such certificate and reseNation. The Developer covenants and agrees with the Agency to not undertake any action or fail to take any action, which would cause the City to revoke or invalidate the concurrency compliance certificate or the reseNation of seNices capacity. 3.06. Not a Development Order or Permit. The parties do hereby acknowledge, agree and represent that this Agreement is not intended to be and should not be construed or deemed to be a "development order" or "development permit" within the meaning of those terms in Section 163.3164, Florida Statutes. 3.07 Permitted Uses (a) The Project shall consist of not less than 100 and not more than 146 residential Station Square Development 2-5-04 Draft 12 condominium dwelling units and associated appurtenances such as parking spaces, swimming pool. (b) The project shall have approximately 326 parking spaces, 100 of which are public parking spaces. (c) The project shall contain approximately 15,000 square feet of Allowable Retail Uses on the first floor (d) The Developer shall actively market and use his best efforts to obtain tenants for the first floor retail space as one or more of the Allowable Retail Uses described above However, should the Developer be unable to obtain an allowable retail use within one year of issuance of the temporary Certificate of Occupancy for the retail space, the City may allow, upon written request of the Developer, one or more Alternative Retail Uses alternate uses to occupy the first floor retail space. (e) The following uses are prohibited: 1. All uses prohibited by the Clearwater Downtown Redevelopment Plan; 2. All other retail uses not specifically defined herein as Allowable Retail Uses or Alternative Retail Uses, pursuant to the Community Development Code's definition of retail sales and services; 3. Nightclub or bar; 4. Alcoholic beverage package store; 5. Medical or veterinary offices; ARTICLE 4. STATION SQUARE PROJECT PLANS AND SPECIFICATIONS. 4.01. Site Plan. (a) The Developer has prepared a preliminary Site Plan, a copy of which is attached hereto as Exhibit "B," that contemplates development of the Station Square Project consistent with this agreement and the current zoning classification for the Station Square Parking Lot Site. The Developer agrees that during the term of this Agreement any material changes to the preliminary Site Plan or any subsequent versions of the Site Plan will be submitted to the Agency for approval. (b) The Site Plan approved by the Agency shall be the basis for and incorporated into the Station Square Project Plans and Specifications. 4.02. Preparation of Station Square Project Plans and Specifications. (a) The Developer shall prepare the Station Square Project Plans and Specifications in sufficient detail and description of the Station Square Project, graphically and narratively if requested, to allow the Agency the opportunity to determine if those plans Station Square Development 2-5-04 Draft 11 and specifications are consistent with the Proposal, the Site Plan and the Plan. (b) (1) The Developer is responsible for the cost of preparing, submitting and obtaining approval of the Station Square Project Plans and Specifications (2) The Developer has retained and shall retain the Project Professionals to prepare the Station Square Project Plans and Specifications, and shall notify the Agency of the names of such Project Professionals and any subsequent changes thereto or additional Project Professionals retained with respect to the Station Square Project. The Developer shall cause the Project Professionals to prepare the Station Square Project Plans and Specifications. (c) (1) The Agency does hereby consent to the preparation of the Station Square Project Plans and Specifications, and any revisions thereto, by the Project Professionals, and the Agency will not withhold approval of the Station Square Project Plans and Specifications because they were prepared by the Project Professionals. The Agency hereby acknowledges and agrees that the selection of the Project Professionals is the sole responsibility of, and within the discretion of, the Developer, and the Agency will not participate, and has not previously participated, in such selection by the Developer. (2) The parties hereto mutually acknowledge and agree the Project Professionals are not, individually or collectively, agents or representatives, either expressed or implied, of the City or the Agency. (d) The Developer shall file the Station Square Project Plans and Specifications with the Agency no later than six months following the Closing Date. The Agency and the Developer recognize and acknowledge the need for expedited review of the Station Square Project Plans and Specifications and approval by the Agency. (e) The Station Square Project Plans and Specifications contemplated by this subsection (d) shall be sufficient for a determination by the City required by the ordinances and regulations of the City. 4.03. Coordination with City Review. The Developer has represented to the Agency and the Agency acknowledges the need to expedite the process for review of the Station Square Project Plans and Specifications and the issuance of any Building Permits and Permits. The Agency agrees to use its best efforts to coordinate and expedite its review of the Station Square Project Plans and Specifications with any review or approvals by the City or other governmental entities. 4.04. Agency Review of Station Square PrQject Plans and Specifications. (a) During the term of this Agreement, Agency review and approval of the Station Square Project Plans and Specifications is a prerequisite for issuance of the initial Station Square Development 2-5-04 Draft 14 Building Permit for construction of the Station Square Project, or any part thereof. In the discretion of the Agency's governing body, the Agency's review and approval of the Station Square Project Plans and Specifications may be delegated in whole or in part to an individual or group of individuals other than the governing body. (b) Upon the Developer submitting the Station Square Project Plans and Specifications to the Agency for review, the Agency agrees to diligently proceed with and complete its review of the Station Square Project Plans and Specifications and respond to the Developer as soon as reasonably possible after receipt thereof, but in no event later than fifteen (15) days after receipt of such Station Square Project Plans and Specifications, and advise the Developer in writing of the Agency's reasonable objections thereto or that the Station Square Project Plans and Specifications have been approved as submitted. (c) If the Agency gives written notice of specific objections to or deficiencies in the Station Square Project Plans and Specifications as provided in subsection (b), then the Agency and the Developer shall expeditiously, diligently and reasonably negotiate to resolve such objections. (d) If the Station Square Project Plans and Specifications submitted to the Agency by the Developer substantially comply with this Agreement, including being substantially in accordance with the Site Plan, and further the purposes of the Plan, the Agency shall approve the Station Square Project Plans and Specifications as submitted, and shall notify the City and other pertinent governmental entities of such approval and recommend the City and such other pertinent governmental entities give such approvals and issue such permits or licenses as are necessary for development of the Station Square Project. (e) If the Developer does not dispute the objections to any proposed Station Square Project Plans and Specifications contained in any notice from the Agency, it shall submit revised Station Square Project Plans and Specifications satisfying such objections. Any changes in the Station Square Project Plans and Specifications made by the Developer in response to such a notice shall be made without charge to the Agency. 4.05 Project Schedule. Prior to the Closing Date, Developer shall submit to the Agency a mutually agreed upon development schedule for the Station Square PrQject, including significant construction milestones for the Station Square rroject. ARTICLE 5. INFRASTRUCTURE IMPROVEMENTS. 5.01. Infrastructure Improvements. (a) The Agency agrees to or cause other(s) to plan, construct, install, equip and complete the Infrastructure Improvements so that the Infrastructure Improvements are substantially complete in accordance with the Infrastructure Improvements Plans and Station Square Development 2-5-04 Draft 1') Specifications no later than the Infrastructure Improvements Completion Date. The Agency agrees to coordinate the planning, design and construction and installation of the Infrastructure Improvements with the Station Square Project design, construction, equipping and completion as provided in the Infrastructure Schedule. (b) The parties recognize and acknowledge that in the Interlocal Agreement the City has agreed to design, construct and install the Infrastructure Improvements for the Agency as provided in that agreement. The Developer acknowledges and agrees that the design, construction and installation of the Infrastructure Improvements may be undertaken by the City and that the provisions of the Interlocal Agreement pertaining to such actions by the City satisfy the requirements of this Agreement. 5.02. Infrastructure Improvements Plans and Specifications. The Agency shall be responsible for the preparation of the Infrastructure Improvements Plans and Specifications. During the preparation of the Infrastructure Improvements Plans and Specifications the Agency shall consult with the Developer and the Project Professionals and coordinate the planning, design, and construction of the Infrastructure Improvements with the Station Square Project. 5.03. Infrastructure Improvements Financing. (a) The cost of the Infrastructure Improvements shall be paid from funds legally available to the Agency. The Agency covenants and agrees with the Developer to have funds in sufficient amounts to pay the costs of the Infrastructure Improvements and to have such funds available when needed to pay such costs. (b) In no event shall the obligations, either express or implied, of the Agency under the provisions of this Agreement to pay the costs of the Infrastructure Improvements be or constitute a general obligation or indebtedness of the City or the Agency, or both, or a pledge of the ad valorem taxing power of the City or the Agency, or both, within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. The Developer, any Construction Lender or any Contractor, subcontractor, materialman, or supplier for any part of the Project, shall not have the right to compel the exercise of the ad valorem taxing power of the Agency or the City or any other governmental entity on any real or personal property or taxation in any form to pay the Agency's obligations or undertakings hereunder. 5.04. Construction of the Infrastructure Improvements. (a) Following approval of the Infrastructure Improvements Plans and Specifications and in coordination with the construction of the Station Square Project, but in no event earlier than the Commencement Date, as provided in the Interlocal Agreement, the Station Square Development 2-5-04 Draft In Agency will cause the City to commence construction of the Infrastructure Improvements and cause it to proceed to substantial completion in accordance with the Infrastructure Schedule. It is the intent of the parties to this Agreement that construction of the Infrastructure Improvements will be substantially complete by the dates agreed to by the parties in the Infrastructure Schedule. (b) The Infrastructure Improvements and the Station Square Project shall be undertaken and completed at such times and in such a manner as may be mutually agreed upon by the Agency and the Developer taking into account the schedule for specific aspects of the construction of such improvements. 5.05. Infrastructure Improvements Completion Certificate. (a) Upon the completion of the construction, installation and eqUipping of the Infrastructure Improvements in accordance with the provisions of this Article 5 and the Infrastructure Improvements Plans and Specifications such that the improvements are substantially complete, the Agency shall prepare and execute the Infrastructure Improvements Completion Certificate, and deliver it to the Developer. Upon receipt of the certificate, the Developer shall determine if construction, installation and equipping of the Infrastructure Improvements have been so completed, and, if so, shall execute the certificate and return it to the Agency. (b) The Infrastructure Improvements Completion Certificate shall be in a form sufficient to be recorded in the public records of Pinellas County, Florida. After execution thereof by the parties hereto, it shall be returned to the Agency, which shall be responsible for having the certificate promptly recorded in the public records of Pinellas County, Florida. The Agency shall be responsible for the cost of such recording. 5.06. Infrastructure Improvements Coordination. (a) It is the intent and desire of the parties hereto that the design and construction of each part of the Infrastructure Improvements and the Station Square Project be coordinated with other parts of the Project and the design, construction, installation and equipping of the Infrastructure Improvements and the Station Square Project so as to minimize conflicts, improve efficiency and avoid delays in completion of the Project and each part thereof. (b) (1) The Agency shall designate a person to coordinate the planning, construction, installation, equipping and completion of the Infrastructure Improvements with the construction of the Station Square Project. (2) The Developer designates Nick Pavanatti a person to coordinate the planning, construction, installation, equipping and completion of the Station Square Project with the construction of the Infrastructure Improvements. Station Square Development 2-5-04 Draft 17 ARTICLE 6. STATION SQUARE PROJECT FINANCING. 6.01. Construction Financing. (a) If the Developer elects to obtain Construction Financing, the Developer shall use its reasonable efforts to obtain from a Construction Lender a commitment to provide the Construction Financing as soon as is reasonably possible. Upon obtaining such Construction Financing, the Developer shall notify the Agency that it has obtained said financing and provide to the Agency the name and address of the Construction Lender. (b) The Agency shall have an affirmative right, but not an obligation, to cure any default by the Developer under the Construction Financing, which right shall be expressly provided for in the financing documents providing for the Construction Financing. The parties recognize and acknowledge that the Agency's right under this paragraph (2) is not intended to be superior or ahead of any lien or right of the Construction Lender to enforce its rights and remedies under the financing documents pertaining to the Construction Financing. (c) The Developer covenants and agrees with the Agency that the proceeds of the Construction Financing shall be solely for the purpose of paying costs and fees related to the development and construction of the Station Square Project and that such proceeds, together with its own funds or other funds available to it, shall be sufficient to pay the costs of acquiring the Station Square Parking Lot Site and the development, construction and completion of the Station Square Project. 6.02. Notice of Developer's Default. (a) The Developer covenants and agrees with the Agency that any Construction Financing documents shall include provisions that if the Construction Lender declares the Developer to be in default or if an event of default has occurred under the financing documents for the Construction Financing, such Construction Lender shall promptly give written notice thereof to the Agency by certified mail, return receipt requested at its respective address last given to the Construction Lender by the Developer prior to such notice; provided, however, the failure of the Developer to provide the Agency's address to the Construction Lender or for the Construction Lender to receive any such notice shall not constitute a waiver by or preclude or delay the Agency from proceeding with or enforcing any right or remedy available to it under this Agreement, nor shall it constitute a waiver by or preclude or delay the Construction Lender from enforcing any right or remedy available to the Construction Lender. The notice from the Construction Lender to the Agency shall state the basis of the default by the Developer, shall identify the particular provision of the financing documents under which the Developer is in default and shall include copies of any pleadings in any proceeding instituted by the Construction Station Square Development 2-5-04 Draft lR Lender incident thereto. (b) Any notice from the Agency to the Developer specifying an event of default by the Developer under Section 13.01 hereof shall, at the same time it is provided to the Developer, be mailed by the Agency to any Construction Lender by certified mail, return receipt requested, at its address last given to the Agency by the Developer prior to such notice; provided, however, the failure of the Agency to mail any such notice or the Construction Lender to receive any such notice shall not constitute a material breach or default of this Agreement by the Agency, nor shall it constitute a waiver by or preclude or delay the Agency from proceeding with or enforcing any right or remedy available to it under this Agreement. The notice from the Agency to the Construction Lender shall state the basis of the default, the particular provision of this Agreement under which the Developer is in default and shall include copies of any pleadings in any proceedings instituted by the Agency incident thereto. 6.03. Cure of Developer's Default by Lender. (a) (1) Following the Agency providing the notice under Subsection 6.02(b) hereof, the Construction Lender may, at its election, cure or remedy the default by the Developer described in such notice. If the Construction Lender elects to cure such default, it shall give notice of such election to the Agency and the Developer within sixty (60) days after the Agency issued its notice of default by the Developer as provided in Section 13.01 hereof. (2) So long as the Construction Lender proceeds to cure or remedy the Developer's default of this Agreement, the Agency agrees not to exercise any right or remedy available to it resulting from the Developer's default described in the notice and which the Construction Lender has elected to cure for such period of time as shall be reasonably necessary for the Construction Lender to cure or remedy such default, including any time reasonably necessary for the Construction Lender to obtain possession of the Station Square Parking Lot Site, if possession is necessary to enable the Construction Lender to cure or remedy such default. (b) If a default by the Developer under this Agreement is timely cured or remedied by the Construction Lender pursuant to this Section 6.03, then the Agency shall not have any rights or remedies against the Developer with regard to such default, except in such an event, the Developer shall be obligated to pay and the Agency may recover from the Developer any fees, costs or other expenses (including reasonable attorneys fees) incurred by the Agency as a result of said default by the Developer, plus interest on such fees, costs or other expenses from the date they were incurred at an annual percentage rate of twelve percent (12%). (c) If the Construction Lender elects to cure or remedy the Developer's default hereunder as provided in subsection (a) hereof, it shall then be subject to and bound by Station Square Development 2-5-04 Draft 19 the provisions of this Agreement and the actions required to be taken to remedy or cure said default that, but for the default by the Developer, would have been applicable to the Developer. (d) If, as a result of the Construction Lender curing or remedying a default by the Developer under this Agreement, the Construction Lender completes the construction of the Station Square Project upon receipt of a written request by the Construction Lender to the Agency for a construction completion certificate, the Agency shall execute and deliver to the Construction Lender a construction completion certificate for the Station Square Project, in the same manner and procedure as if the Developer has requested such a certificate under Section 8.05 hereof. (e) Subsequent to a default under this Agreement by the Developer, if the Construction Lender does not timely elect to cure such default as provided in subsection (a) hereof, or makes such election and proceeds to construct and complete the Station Square Project, but fails to complete such construction by the Completion Date (subject to extensions for Unavoidable Delays) and such failure shall not have been cured within sixty (60) days (or such longer period as may be reasonably necessary and mutually agreed upon by the Agency and the Construction Lender), then the Agency may proceed with any remedies available to it under Section 13.01 hereof. 6.04. Construction Lender Not Obligated to Construct. (a) If the Construction Lender elects not to cure a default by the Developer hereunder as provided in Subsection 6.04(a) hereof, the Construction Lender and any other holder who obtains title to or possession of the Station Square Parking Lot Site, or any part thereof, as a result of foreclosure proceedings or any other action in lieu thereof, including (I) any other party who thereafter obtains title to the Station Square Parking Lot Site or such part from and through such holder or, (ii) any other purchaser at a foreclosure sale, or (iii) any other grantee under a deed in lieu of foreclosure, and any of such parties' successors and assigns, shall not be obligated by this Agreement to construct or complete the Station Square Project, or to guarantee such construction or completion or to perform any of the Developer's other agreements, obligations or covenants under this Agreement. (b) Nothing in this Section 6.04 or any other provisions of this Agreement shall be deemed or construed to permit or authorize any Construction Lender or any other party obtaining title to or possession of the Station Square Parking Lot Site, or any part thereof, to devote the Station Square Parking Lot Site, or any part thereof, to any use, or to construct any improvements thereon, other than the uses and improvements provided in the Plan and in the Station Square Project Plans and Specifications, unless prior to commencement of such use, approval thereof is obtained from the Agency, which approval shall not be unreasonably withheld or delayed. Station Square Development 2-5-04 Draft 20 6.05. Agency Cures Developer's Default. If prior to the issuance of the Station Square Project Completion Certificate, the Developer defaults under this Agreement or under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Station Square Parking Lot Site, or any part thereof, the Agency may cure such default or breach. In such an event, the Agency, as the case may be, shall be entitled, in addition to and without limitation upon any other rights or remedies or payment of any other amounts to which it shall be entitled by this Agreement, operation of law, or otherwise, to reimbursement from the Developer for all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by the Agency in curing such default, together with interest thereon at a per annum rate equal to twelve percent (12%). Until such amount is paid, the Agency shall have a lien on the Station Square Parking Lot Site for the amount of such reimbursement; provided, that any such lien shall be subject and subordinate to the lien of any then existing mortgage of the Station Square Parking Lot Site in favor of the Construction Lender. ARTICLE 7. STATION SQUARE PARKING LOT SITE CONVEYANCE. 7.01. Findings; Representations. (a) The Agency is the owner of certain real property located in the corporate limits of the City and in the Area, the legal description of which is set forth as Exhibit "A-1" attached hereto and made a part hereof. (the "Station Square Parking Lot Site"). (b) Developer desires to purchase the Station Square Parking Lot Site from Agency. (c) Agency desires to sell and convey the Station Square Parking Lot Site to Developer. (d) Agency desires to purchase approximately 1 00 parking spaces in the Station Square Parking Project garage from the developer. (e) Developer desires to sell and convey 1 00 parking spaces in the Station Square Parking Project to the Agency. 7.02. Agreement to Sell and Purchase. The Agency hereby agrees to sell and convey the Station Square Parking Lot Site to Developer, Developer hereby agrees to purchase the Station Square Parking Lot Site from Agency and to sell and convey 100 parking spaces in the parking garage to the Agency, upon the terms and conditions hereinafter in this Article 7. 7.03. Purchase Price. The purchase price of the Station Square Parking Lot Site is SEVEN HUNDRED Station Square Development 2-5-04 Draft 21 TWENTY THOUSAND DOLLARS ($720,000.00). The amount to be paid by the Developer to the Agency in consideration of the conveyance of the Station Square Parking Lot Site to the Developer is hereinafter referred to as the "Purchase Price." 7.04. Site Evaluation. (a) From and after the Effective Date hereof during the term of this Agreement, the Developer and its agents and representatives shall be entitled to enter upon the Station Square Parking Lot Site for inspection, soil tests, examination, and such other matters and investigations as Developer deems necessary and appropriate. In this regard, no such examination will be deemed to constitute a waiver or a relinquishment on the part of Developer of its right to rely on the covenants, representations, warranties and agreements made by Agency or upon the agreements provided to Developer by Agency. Developer will restore any disturbance to the Station Square Parking Lot Site caused by its acts and will hold Agency harmless and indemnify Agency from and against any and all damages and liability occasioned by any claim asserted against Agency caused by such examination. (b) Notwithstanding any other provision of this Agreement, Developer shall have the absolute right until on or before March 1, 2004 (which the parties acknowledge to be the anticipated Closing Date), to review and examine the Station Square Parking Lot Site and the items provided from Agency (herein referred to as the "Evaluation Period"). At any time prior to the expiration of the Evaluation Period, Developer may terminate this Agreement if, in its sole discretion, Developer determines that the Station Square Parking Lot Site or the contemplated development or construction thereon is not economically or otherwise acceptable to Developer. Developer may terminate this Agreement as provided in Section 13.05 hereof. 7.05. Iitl.e. (a) Within five (5) days after the Effective Date, the Agency shall furnish to Developer, at Agency's expense, a commitment for the issuance of an owner's policy of title insurance for the Station Square Parking Lot Site by Commonwealth Land Title Insurance Company, through its Agent, David E. Platte, in the standard form adopted by the American Land Title Association, at no more than the promulgated rate. This commitment shall be in the amount of the total Purchase Price of the Station Square Parking Lot Site, shall show in Agency a good and merchantable title in fee simple, free and clear of all liens and encumbrances without exception other than those permitted under the provisions of Section 7.14 hereof (the "Permitted Exceptions") in a form reasonably acceptable to Developer and shall be refereed to hereinafter as the "Title Commitment" . (b) If the Title Commitment, any update thereof or subsequent title commitment or the survey delivered to Developer in connection with the Station Square Parking Lot Site Station Square Development 2-5-04 Draft 22 shows that the title is defective or unmerchantable or that any part of the Station Square Parking Lot Site is subject to liens, restrictions, easements, encroachments or encumbrances of any nature whatsoever other than those permitted under the provisions of Section 7.14 hereof, Developer shall give Agency a reasonable time (not to exceed sixty (60) days after Developer has given written notice to Agency of any unacceptable conditions of title) within which to remedy or remove any such unacceptable conditions of title. Failure of Agency to remedy or remove any such unacceptable condition of title shall constitute a grounds for termination as provided in Section 13.05, unless Developer gives Agency its written waiver of such unacceptable condition of title. (c) Within thirty (30) days after closing, Agency shall furnish to Developer, at Agency's expense, a standard ALTA Marketability Form B-1970 (Rev. 10/17/70 and Rev. 10/17/84) owner's policy of title insurance based on the Title Commitment. Such policy will be issued by the title company that issued the Title Commitment, will be in the amount of the Purchase Price and will insure Developer's fee simple title, as the case may be, to the Station Square Parking Lot Site subject to no exceptions other than the exceptions permitted pursuant to Section 7.14. Agency shall pay the premium charged for the issuance of any owner's policy of title insurance to the extent of the Purchase Price showing Developer as the fee simple owner or easement holder, as the case may be, of the Station Square Parking Lot Site. (d) Prior to closing of the transfer of the Station Square Park site from Agency to Developer, Agency and Developer shall enter into a restrictive covenant by which the Agency (or the City, if appropriate) agrees that it shall never construct any permanent habitable structures improvements within the area described in Exhibit , thirty (30) feet one, (1) inch 'Iv'ithin the 'Iv'esterly vv'all of the Station Square rroject so as to allow the Developer to maximize the number of openings contained in the Station Square Project, pursuant to existing building codes. rrior to closing of the conveyance of the Station Square rark Site, De'v'eloper shall provide Agency with a legal description, which shall be reasonably satisfactory to Agency of the appropriate "no build zone" contemplated by this provision. 7.06. Survey, (a) The Agency, at Agency's sole cost and expense, shall employ a surveyor licensed by the State of Florida to prepare a current survey of the Station Square Parking Lot Site, which survey shall be delivered and certifiedJo Developer, its construction lender and its title insurance company on or before closing date. (b) The survey shall: (i) Be prepared in accordance with the minimum standards (including Surveyor's Certification) required in the State of Florida for removal of the survey exception from the Station Square Development 2-5-04 Draft n owner's policy of title insurance issued for the Station Square Parking Lot Site. (ii) Set forth an accurate metes and bounds description of the Station Square Parking Lot Site, the gross number of acres contained in the Station Square Parking Lot Site. (iii) Locate all existing easements and rights of way, whether recorded or visible (setting forth the book and page number of the recorded instruments creating the easement). (iv) Show any encroachments onto the Station Square Parking Lot Site from adjoining property and any encroachments from the Station Square Parking Lot Site onto adjoining property. (v) Show all existing improvements (such as buildings, power lines, fences, roads, driveways, railroads, underground pipelines, cables, etc.) and all rivers, creeks drainage ditches or other water courses. (vi) Show all dedicated public streets providing access to the Station Square Parking Lot Site and whether such access is paved to the property line of the Station Square Parking Lot Site. (vii) Identify any flood zones as defined on Federal Flood Insurance Rate Maps (F.I.R.M.) for Pinellas County, Florida that affect the Station Square Parking Lot Site. (viii) Show all applicable set back lines with reference to the source of the set backs. In the event the survey shows any encroachments of any improvement upon, from or onto the Station Square Parking Lot Site or shows any other matter of survey which is objectionable to Developer, in Developer's sole discretion, then Developer shall provide Agency with notice of such defect and the same shall be deemed a title defect and shall be treated as an objection to title by Developer as provided under Section 7.05(b). 7.07. Rights and Duties of Agency. (a) Agency shall cooperate in good faith with Developer in Developer's evaluation of the Station Square Parking Lot Site and shall execute all documents or perform such other acts, reasonably necessary to enable Developer to satisfactorily complete its evaluation of the Station Square Parking Lot Site and shall provide to Developer and its consultants any information or documents reasonably required by Developer and in Agency's or its consultant's possession which would assist Developer in such evaluation and preparation. (b) Agency shall reaffirm in writing to Developer that the covenants, warranties and representations set forth herein are true and correct as of the Closing Date. Station Square Development 2-5-04 Draft 24 7.08. Rights and Duties of Developer. Developer agrees to timely commence and pursue its evaluation of the Station Square Parking Lot Site hereunder in good faith; provided, however, at any time, Developer may cease such evaluations and terminate this Agreement as provided in Section 7.04(b). 7.09. Agency's Obligation to Convey. At such time as Agency has received payment in full of the Purchase Price, Agency shall immediately convey to Developer the Station Square Parking Lot Site. Payment of the entire Purchase Price shall be made by the Developer's execution and delivery of a promissory note and mortgage to the Agency in the amount of the full Purchase Price. Said note and mortgage shall bear interest at the rate of 4% per annum, with all principal and interest being due in full at the time the Developer shall obtain and close an acquisition and/or construction loan from a lender obligated to loan Developer all funds necessary for the acquisition, development and construction of the Station Square Project. 7.10. Conditions to Closing. (1) The obligation of Developer to purchase the Station Square Parking Lot Site is subject to the following unless waived by the Developer on or before the Closing Date: (2) The representations and warranties of Agency set forth herein being true on and as of the Closing Date with the same force and effect as if such representations and warranties were made on and as of the Closing Date; (3) Developer shall have received its Site Plan approval of the Station Square Project. (4) The Station Square Project shall be in compliance with the zoning, land use and concurrency requirements for the Station Square Project. (5) The obligation of the Agency to convey the Station Square Parking Lot Site to the Developer is subject to the following unless waived by the Agency on or before the Closing Date: (a) The representations and warranties of the Developer set forth in Section 11.01 being true on and as of the Closing Date with the same force and effect as if such representations and warranties were made on and as of the Closing Date; (b) The Developer is not then in default of this Agreement as provided in Section 13.01. Station Square Development 2-5-04 Draft 2:) (c) The Agency shall have approved the Station Square Project development schedule and Specifications. (d) The City shall have approved the Site Plan for the Station Square Project. (e) The Developer shall have approved the Infrastructure Impro'v'ements rlans and Specifications and the Infrastructure Schedule. (e) The parties shall have agreed to the construction schedule and milestones for development of the Station Square Project and the Infrastructure Improvements and arrangements for coordination of the construction thereof. 7.11. Closing. Provided all conditions to conveyance of the Station Square Parking Lot Site to the Developer have been satisfied, Developer shall purchase the Station Square Parking Lot Site on or before March 1, 2004 (herein referred to as the "Closing Date"). The parties may mutually agree to change the Closing Date. 7.12. Closing Procedure. (a) At closing, the Agency shall convey to Developer by special warranty deed, in the form attached hereto as Exhibit "C", title in fee simple to the Station Square Parking Lot Site, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions except those permitted in this Agreement and the Permitted Exceptions. (b) At closing, the Agency shall deliver an endorsement to the title insurance commitment required herein and such further instruments as may be required by Developer, Developer's counselor the title company to vest in Developer title of the Station Square Parking Lot Site as provided herein, all at Agency's expense. (c) Developer shall pay the Purchase Price for the Station Square Parking Lot Site to Agency as provided in Section 7 09 in immediately available funds acceptable to Agency. (d) Ad valorem real estate taxes and any personal property taxes shall be prorated as of the Closing Date, based on application of the preceding year's rates to the latest assessed valuation or statements issued to Agency for the current year's assessment, if available. (e) Agency shall pay all special assessments and taxes, interest and penalties levied against the Station Square Parking Lot Site prior to the Closing Date. Station Square Development 2-5-04 Draft 20 (f) Agency has terminated all original leases, if any, for the Station Square Parking Lot Site or any part thereof and all tenants will have vacated the Station Square Parking Lot Site by the Closing Date. (g) Agency shall deliver to Developer all original documents pertaining to the Station Square Parking Lot Site including licenses and permits, if any. (h) Agency shall pay for all documentary stamps and transfer taxes, if any, for the deed, and for the preparation, recording and documentary stamps for all closing documents, lien releases and title curative instruments, its own attorney's fees, the premiums for the owner's title insurance policy, and for recording the deed and all other closing costs and expenses. (i) Closing shall be conducted at the law offices of David Platte, Esq., 603 Indian Rocks Road, Belleair, FL 33756, or elsewhere by mutual agreement. 7.13. Possession. Possession of the Station Square Parking Lot Site shall pass to Developer upon completion of the Closing. Developer agrees to allow Agency to continue use of the Station Square Parking Lot Site as a public parking lot until such time as the Site is needed for construction. Agency will vacate the property and remove the meters and wheel stops 15 days after notice is received. All revenues generated by the public parking lot shall be retained by the CRA. 7.14. Condition of Title. Title to the Station Square Parking Lot Site at the time of conveyance shall be free of all liens, restrictions, easements, encroachments and encumbrances of any nature whatsoever except the following (the "Permitted Exceptions"): (a) Real estate taxes for 2004 and subsequent years that are a lien but not yet due and payable. (b) Comprehensive land use planning, zoning and building ordinances, regulations and requirements adopted by governmental or municipal authority having jurisdiction. (c) Those additional exceptions as contained in the Title Commitment to be delivered by Agency to Developer at closing which Developer, in its sole and absolute discretion, has elected to accept. 7.15. Taxes and Assessments. Agency agrees to pay all taxes and assessments that become a lien on the Station Station Square Development 2-5-04 Draft 27 Square Parking Lot Site prior to the Closing Date promptly when due. All special assessments applicable to any portion of the Station Square Parking Lot Site, delinquent taxes and delinquent installment of special assessments, together with any penalties and interest thereon, shall be paid by Agency on or before the Closing Date. 7.16. Covenants, Warranties and Representations. Agency hereby covenants, warrants and represents to Developer that: (a) The title of Agency to the Station Square Parking Lot Site hereby sold is absolute, good and merchantable and free and clear of all liens and encumbrances except for the Permitted Exceptions. (b) Agency has the full legal power to own and convey the Station Square Parking Lot Site as provided for herein, without any other consent or proceeding required from any other person, entity or organization. (c) There are no legal proceedings pending, threatened or contemplated against Agency or the City in any court, tribunal or administrative agency which affects the Station Square Parking Lot Site or which give or will give rise to any claims or liens against the Station Square Parking Lot Site or affect Agency's right to transfer the Station Square Parking Lot Site. (d) There are no rights of possession, use or otherwise, outstanding in third persons by reason of unrecorded leases, land contracts, sale contracts, options or other documents other than in favor of the Agency, other than leases disclosed to Developer and which have been terminated and will be vacated prior to the Closing Date. (e) No work has been performed or is in progress on or at the Station Square Parking Lot Site and no materials have been furnished to Agency or the Station Square Parking Lot Site or any portion thereof which after closing could give rise to any mechanics', materialmen, or other liens, and at the Closing Agency shall furnish to Developer an affidavit attesting to the absence of any such liens or rights to liens. (f) No assessment for public improvements or otherwise have been made against the Station Square Parking Lot Site which remain unpaid, including without limitation, any special assessments or those for construction of water, sewer, gas and electric lines, nor have any been proposed. (g) Agency has no information or knowledge of any change contemplated in the applicable laws, ordinances or restrictions, or any judicial or administrative action, or any action by adjacent land owners or natural or artificial conditions upon the Station Square Parking Lot Site which would prevent, limit, impede or make more costly the present or proposed use of the Station Square Parking Lot Site, provided, however, the City is in the Station Square Development 2-5-04 Draft 2R process of adopting amendments to the land development code, but, if adopted, it will not adversely affect the proposed use or contemplated development of the Station Square Parking Lot Site. (h) From and after the date hereof, Agency shall refrain from (1) making any material changes on or about the Station Square Parking Lot Site other than as required by this Agreement; (2) creating and incurring or permitting to exist any mortgage, lien, pledge or other encumbrance in any way affecting the Station Square Parking Lot Site; or (3) committing any waste or nuisance on the Station Square Parking Lot Site. (i) From and after the date hereof, and at any time prior to transfer of title to Developer, Agency shall not grant, sell or convey any interest in the Station Square Parking Lot Site, including easements or rights of way, to any person, corporation (public or private), governmental body or political subdivision without the written permission of Developer. U) (1) Compliance with Environmental Law. Agency has: (i) materially complied with all applicable Environmental Law; and (ii) not received any notice of alleged outstanding violation of Environmental Law, nor does Agency have knowledge of any facts or circumstances that could constitute such a violation. To the best of Agency's knowledge, there are no Hazardous Substances on, above, within, underneath or in groundwater underlying the Property which exceed applicable standards under any Environmental Law. (2) Definitions. For purposes of this Article 7, the terms in this paragraph (2) shall have the following meanings: (i) "Hazardous Substances" means any substance or material: (a) identified in Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 99601, as the same may be amended from time to time; or (b) determined to be toxic, a pollutant or contaminant, under Federal, state or local statute, law, ordinance, rule or regulation or judicial or administrative order or decision, as same may be amended from time to time, including but not limited to (i) hazardous wastes as identified pursuant to the Resource Conversation and Recovery Act, 42 U.S.C. 96901, et seq., as the same may be amended from time to time, or (ii) pollutants, petroleum and petroleum products as defined in either Chapter 403 or Chapter 376, Florida Statutes, as the same may be amended from time to time. (ii) "Environmental Law" means any Federal, state or local statutory or common law relating to pollution or protection of the environment, including without limitation, any common law of nuisance or trespass, and any law or regulation relating to emissions, discharges, releases or threatened releases of Hazardous Substances into the environment (including without limitation, ambient air, surface Station Square Development 2-5-04 Draft 29 water, groundwater, land surface or subsurface strata) or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Substances. (k) Agency has no knowledge of any adverse fact relating to the physical condition of the Station Square Parking Lot Site or any portion thereof which has not been specifically disclosed in writing to Developer, including without limitation landfills, hazardous wastes, fault lines, sinkholes or other geological conditions or adverse soil conditions. (I) Agency has no knowledge that any commitments have been made to any governmental authority, utility company, school board, church or other religious body, homeowners' association, or any other organization, group or individual relating to the Station Square Parking Lot Site which would impose an obligation upon Developer or its successors or assigns to make any contributions or dedications of money or land or to construct, install or maintain any improvements of a public or private nature on or off the Station Square Parking Lot Site. (m) There are no facts known to Agency materially affecting the value of the Station Square Parking Lot Site which are not readily observable by Developer or which have not been disclosed to Developer. (n) Present zoning and land use classification of the Station Square Parking Lot Site according to the current and applicable zoning ordinances and the applicable land use plan is satisfactory for the utilization of the site for retail and residential development as contemplated by this Agreement. There are no proceedings to change such zoning or land use classifications or the conditions applicable thereto. There exists no violation of any requirement or condition to such zoning or land use classifications, which is applicable to the Station Square Parking Lot Site. (0) The Station Square Parking Lot Site is not included in any national, state, county or municipal historic registry or similar classification, nor does the Station Square Parking Lot Site include any historical or archeological artifacts. (p) The Agency has full power and authority to enter into this Agreement and consummate the transactions contemplated hereby and neither this Agreement nor the consummation of the transactions contemplated hereby will constitute a violation of any order, rule, regulation, agreement or instrument or any charter or organizational documents to which the Agency is subject. No further approvals or consents by third parties or governmental bodies are required in order for the Agency to enter into this Agreement and consummate the transactions contemplated hereby. (q) The covenants, representations and warranties of the Agency as contained herein shall be true and correct as of the Closing and shall survive the Closing of this transaction. Station Square Development 2-5-04 Draft 10 7.17. Condemnation. In the event that prior to the Closing Date, all or any portion of the Station Square Parking Lot Site or any rights or easements therein shall be taken by condemnation or rights of eminent domain or like process, or shall be threatened therewith, and the same, in Developer's reasonable opinion, would have a materially adverse impact upon Developer's use of the Station Square Parking Lot Site, Developer shall, within fifteen (15) days after having received notice thereof from Agency, elect in writing to either (a) continue this Agreement in full force and effect, notwithstanding such taking or threatened taking, in which case Developer shall be required to continue the purchase of the Station Square Parking Lot Site, (b) delete the portion of the Station Square Parking Lot Site condemned or threatened to be condemned from this Agreement, with a proportionate reduction in the Purchase Price, or (c) terminate this Agreement. 7.18. Real Estate Commission. Developer and Agency represent that they have not used any brokerage services with respect to the conveyance of the Station Square Parking Lot Site to the Developer as herein contemplated. The Agency and the Developer shall each hold the other harmless and indemnify the other party, its respective successors, assigns, employees, directors and agents from any and all costs, damages, liabilities and expenses, including reasonable attorney's fees, incurred by reason of any claim for fee or commission of any kind based on the sale contemplated herein. 7.19. Maintenance of Station Square Parking Lot Site. Through Closing during its continued position pursuant to FS 97.13, the Agency shall maintain the Station Square Parking Lot Site in good order and shall carry reasonable amounts of physical damage and liability insurance on the Station Square Parking Lot Site and any improvements thereon existing as of the date hereof. 7.20. Radon Gas Notice. (a) As required by Section 404.056(6), Florida Statutes, the following notice is hereby given to the Developer as the prospective purchaser of the Station Square Parking Lot Site, which may have buildings located thereon, and the Developer acknowledges receipt of such notice: "Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained Station Square Development 2-5-04 Draft 11 from your county public health unit." (b) To exercise its indemnification rights hereunder, Developer shall promptly notify Agency of any such claim in respect of which indemnity is sought hereunder. Any such notice shall be given in good faith, be reasonably specific and shall set forth in reasonable detail, if available, the nature of the alleged loss, claim, expense or liability or the action or proceeding. A Developer Indemnified Party shall advise Agency of all material facts relating to such assertion within the direct and actual knowledge of a Developer Indemnified Party and, in the event of a third party claim or action, shall afford Agency the opportunity, at Agency's sole cost and expense, to defend against such claims, actions or proceedings. In any such claim, a Developer Indemnified Party shall have the right to retain its own counsel, and the fees and expenses of such counsel shall be at Agency's expense unless the Agency and the Developer Indemnified Party mutually agree otherwise in writing. (c) A Developer Indemnified Party shall have no right to settle or compromise any claims subject to indemnification hereunder if Agency notifies Developer that Agency intends to defend against such claim and undertakes such defense immediately after receiving notice of such claim and continues such defense throughout the pendency of such claim. If Agency fails to undertake such defense or continue such defense as aforesaid, then, in such event, the Developer Indemnified Party may undertake to settle or compromise any claim upon such terms and conditions as the Developer Indemnified Party deems necessary or appropriate. All amounts incurred by the Developer Indemnified Party in connection with the settlement or compromise of such claim shall be indemnified by the Agency hereunder. Except as provided above, Agency shall not be liable for any settlement effected without Agency's consent of any claim for which indemnity may be sought hereunder. 7.21 Purchase of Parking Spaces by Agency a. The Agency hereby agrees to purchase or cause the City of Clearwater to purchase from Developer 100 parking spaces in the to-be-constructed parking garage as part of the Station Square Project, upon the terms and conditions herein set forth in this section 7.21. All reference to Agency in this Section 721 shall mean Agency or City of Clearwater (Said 100 parking spaces shall hereinafter be referred to as the "Public Parking Condominiums"). It is contemplated by the parties hereto that the Public Parking Condominiums will consist of 100 public parking spaces located on the first and second levels of the to-be-constructed parking garage. Each of said first and second levels of the parking garage shall constitute a separate Parking Condominium Unit; provided, however, any space located on the first or second level of the parking garage in excess of the 100 parking spaces comprising the Parking Condominiums to be transferred to Agency shall be common elements or limited common elements of the Station Square Condominiums to be constructed by the De'veloper. Station Square Development 2-5-04 Draft :n b. The purchase price of the Public Parking Condominiums shall be One Million Two Hundred Fifty Thousand Dollars ($1,250,000.00). The amount to be paid by Agency to the Developer in consideration of the conveyance of the Public Parking Condominiums to Agency is hereinafter referred to as the "Public Parking Condominiums Purchase Price". Upon the filing and recording of the contemplated Declaration of Condominium for Station Square Condominiums, as required by Florida law, the Developer and Agency shall execute a purchase and sale agreement in the form attached to the contemplated Declaration of Condominium and consistent with the purchase and sale agreement to be executed by all other purchasers of Condominium Units in the Station Square Project, provided, however, any conflict between the terms of the purchase and sale agreement and this Agreement shall be controlled by this Agreement. c The Agency shall have the right to review and approve the construction plans and specifications for the Public Parking Condominiums Such approval may not be unreasonably withheld The Agency may, at its own expense, provide for owner's representation during construction of the Public Parking Condominiums. d. Title. (i) Within the time limit set forth in the purchase and sale agreement to be executed by Developer and Agency, the Developer shall furnish to Agency, at Developer's expense, a commitment for the issuance of an owners policy of title insurance for the Parking Condominiums by Commonwealth Land Title Insurance Company in the standard form adopted by the American Land Title Association. This commitment shall be in the amount of the total Parking Condominiums Purchase Price, shall show in the Developer a good and merchantable title in fee simple, free and clear of all liens and encumbrances without exception, other than those permitted under the provisions of subsection h. of this section 7.21 (the "Permitted Exceptions") in a form reasonably acceptable to Agency and shall be referred to as the "Title Commitment". (ii) If the Title Commitment, any update thereof or subsequent title commitment delivered to Agency in connection with the Parking Condominiums, shows that the title is defective or unmerchantable or that any part of the Condominiums is subject to liens, restrictions, easements, encroachments or encumbrances of any nature whatsoever, other than those permitted under the provisions of subsection h. hereof, or those which will be satisfied at closing, Agency shall give Developer a reasonable time (not to exceed sixty [60] days after Agency has given written notice to Developer of any unacceptable conditions of title) within which to remedy or remove any such unacceptable conditions of title. Station Square Development 2-5-04 Draft ::n Failure of Developer to remedy or remove any such unacceptable condition of title shall constitute grounds for termination as provided in section 13.5, unless Agency gives Developer its written waiver of such unacceptable condition of title. (iii) Within thirty (30) days of closing, Developer shall furnish to Agency, a standard AL T A marketablilty form 8-1970 (rev. 10/17/70 and rev. 10/17/84) owners policy of title insurance based on the Title Commitment. Such policy will be issued by the title company that issued the Title Commitment, will be in the amount of the Parking Condominiums Purchase Price and will insure Agency's fee simple title to the Parking Condominiums subject to no exceptions other than the exceptions permitted pursuant to subsection h. of this section 7.21. e. Developer's Obligation to Convey. At such time as Developer has received payment in full of the Parking Condominiums Purchase Price in cash equivalent or certified funds, Developer shall immediately convey to Agency the Parking Condominiums. f. Conditions to Closing. (i) The obligation of Agency to purchase the Parking Condominiums is subject to the following, unless waived by Agency on or before the Closing Date: (1) The representations and warranties of Developer set forth herein being true on and as of the Closing Date with the same force and effect as if such representations and warranties were made on and as of the Closing Date. (2) The Declaration of Condominium and attendant documents do not restrict or interfere with the reasonable operation of the public parking (3) The contemplated Declaration of Condominium and all attendant documents thereto have been approved by the appropriate State of Florida departments, divisions and agencies and the Declaration of Condominium has been properly filed and recorded in the Public Records of Pinellas County, Florida. (4) The Agency shall have the right to approve the Declaration of Condominium and attendant document Such approval shall not be unreasonably withheld. Under no Station Square Development 2-5-04 Draft 14 circumstances shall the Agency be responsible for maintenance costs of such elements as the swimming pool, air conditioning or amenities unrelated to the parking (5) A Certificate of Occupancy or the equivalent thereof has been issued for the Parking Condominiums by the appropriate governmental authority. (6) The Developer is not then in default of this Agreement in any fashion. (ii) The obligation of Developer to convey the Parking Condominiums to the Agency is subject to the following, unless waived by the Developer on or before the Closing Date: (1) The representations and warranties of Agency set forth in this Agreement being true on and as of the Closing Date with the same force and effect as if such representations and warranties were made on and as of the Closing Date; (2) The Agency is not then in default of this Agreement in any fashion. (3) A Certificate of Occupancy or the equivalent thereof has been issued for the Parking Condominiums by the appropriate governmental authority. g. Closing. Provided all conditions to conveyance of the Parking Condominiums to Agency have been satisfied, Agency shall Purchase the Parking Condominiums on or before thirty (30) days after issuance of a Certificate of Occupancy or the equivalent thereof (hereinafter referred to as the "Closing Date"). h. Closing Procedure. {i) At closing, the Developer shall deliver to Agency by special warranty deed, in the form attached hereto as Exhibit "Z", title and fee simple title to the Parking Condominiums, free and clear of all liens, encumbrances, conditions, easements, assessments, restrictions, except those permitted in this Agreement and the Permitted Exceptions. (ii) At closing, the Developer shall deliver any endorsements to the title insurance commitment required herein and such further instruments as may be required by Agency, Agency's counselor the title company to vest in the Agency, title to the Parking Condominiums, as provided herein, all Station Square Development 2-5-04 Draft 1'; at Developer's expense. (iii) Agency shall pay the Parking Condominium Purchase Price for the Parking Condominiums to Developer in immediately available funds acceptable to Developer. (iv) Ad Valorem real estate taxes and any personal property taxes shall be pro rated as of the Closing Date, based on application of the preceding year's rates to the latest assessed valuation or statements issued to Developer for the current year's assessment, if available, subject to re- proration when the actual tax bill is issued for the year of closing. (v) Developer shall pay all special assessments and taxes, interest and penalties levied against the Parking Condominiums, prior to the Closing Date. (vi) Developer shall deliver to Agency all pertinent Condominium Documents pertaining to the Parking Condominiums. (vii) Developer shall pay for all documentary stamps and transfer taxes, if any, for the deed, and for the preparation, recording and documentary stamps for all closing documents, lien releases and title curative instruments, its own attorney fees, the premiums for the owners title insurance policy, and for the recording of the deed. (viii) Closing shall be conducted at the law offices of David E. Platte, or elsewhere by mutual agreement. i. Condition of Title. Title to the Parking Condominiums at the time of conveyance shall be free of all liens, restrictions, easements and encroachments and encumbrances of any nature whatsoever except the following (the "Permitted Exceptions") : (i) Real estate taxes for the year of closing and subsequent years that are a lien but not yet due and payable. (ii) Comprehensive land use planning, zoning and building ordinances, regulations and requirement adopted by governmental or municipal authority having jurisdiction. (iii) The recorded Declaration of Condominium and all other appropriate condominium documents. Station Square Development 2-5-04 Draft In (iv) Those additional exceptions as contained in the Title Commitment to be delivered by the Developer to Agency at closing which Agency, in its sole and absolute discretion, has elected to accept. J. Possession. Possession of the Parking Condominiums shall pass to Agency upon completion of a closing. k. Taxes and Assessments. The Developer agrees to pay all taxes and assessments that become a lien on the Parking Condominiums prior to the Closinq Date promptly when due. All special assessments applicable to any_portion to any portion to the Parking Condominiums, delinquent taxes and delinquent installment of special assessments, together with any penalties and interest thereon, shall be paid by the Developer on or before the Closing Date. I. Covenants, Warranties and Representations. Developer hereby covenants, warrants and represents to Agency that: (i) The title of Developer to the Parking Condominiums to be sold hereby will be absolute, good and merchantable and free and clear of all liens and encumbrances except for the Permitted Exceptions. (ii) Developer will have the full legal power to own and convey the Parking Condominiums as provided for herein, without any other consent or proceeding required from any other person, entity or organization. (iii) There are no legal proceedings pending, threatened or contemplated against Developer in any court, tribunal or administrative Developer which affects the Parking Condominiums or which give or will give rise to any claims or liens against the Parking Condominiums or affect Developer's right to transfer the Parking Condominiums. (iv) There are no rights of possession, use or otherwise, outstanding in third persons by reason of unrecorded leases, land contracts, sale contracts, options or other documents other than in favor of the Developer, other than leases disclosed to Agency and which have been terminated and will be vacated prior to the Closing Date. (v) There are no covenants, restrictions, or limitations which would limit the use of the Public Parking Condominiums for use as public parking, paid or otherwise (vi) No work has been performed or is in progress on or at the Parking Station Square Development 2-5-04 Draft 17 Condominiums and no materials have been furnished to Developer or the Parking Condominiums or any portion thereof which after closing could give rise to any mechanics', materialmen, or other liens, and at the Closing, Developer shall furnish to Agency an affidavit attesting to the_absence of any such liens or rights to liens. (vii) No assessment for public improvements or otherwise have been made against the Parking Condominiums which remain unpaid, including without limitation, any special assessments or those for construction of water, sewer, gas and electric lines, nor have any been proposed. (viii) Developer has no information or knowledge of any change contemplated in the applicable laws, ordinances or restrictions, or any judicial or administrative action, or any action by adjacent land owners or natural or artificial conditions upon the Parking Condominiums which would prevent, limit, impede or make more costly the present or proposed use of the Parking Condominiums. (ix) From and after the date hereof, and at any time prior to transfer of title to Agency, Developer shall not grant, sell or convey any interest in the Parking Condominiums, including easements or rights of way, to any person, corporation (public or private), governmental body or political subdivision without the written permission of Agency. (x) (1) Compliance with Environmental Law. Developer has: (i) to the best of Developer's knowledge, materially complied with all applicable Environmental Law; and (ii) not received any notice of alleged outstanding violation of Environmental Law, nor does Developer have knowledge of any facts or circumstances that could constitute such a violation. To the best of Developer's knowledge, there are no Hazardous Substances on, above, within, underneath or in groundwater underlying the Property which exceed applicable standards under any Environmental Law. (2) Definitions. For purposes of this Article 7, the terms in this paragraph shall have the following meanings: (a) "Hazardous Substances" means any substance or material: (a) identified in Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 99601, as the same may be amended from time to time; or (b) determined to be toxic, a pollutant or Station Square Development 2-5-04 Draft 1R contaminant, under Federal, state or local statute, law, ordinance, rule or regulation or judicial or administrative order or decision, as same may be amended from time to time, including but not limited to (i) hazardous wastes as identified pursuant to the Resource Conversation and Recovery Act, 42 U.S.C. 96901, et seq., as the same may be amended from time to time, or (ii) pollutants, petroleum and petroleum products as defined in either Chapter 403 or Chapter 376, Florida Statutes, as the same may be amended from time to time. (b) "Environmental Law" means any Federal, state or local statutory or common law relating to pollution or protection of the environment, including without limitation, any common law of nuisance or trespass, and any law or regulation relating to emissions, discharges, releases or threatened releases of Hazardous Substances into the environment (including without limitation, ambient air, surface water, groundwater, land surface or subsurface strata) or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Substances. (xi) Developer has no knowledge of any adverse fact relating to the physical condition of the Parking Condominiums or any portion thereof which has not been specifically disclosed in writing to Agency, including without limitation landfills, hazardous wastes, fault lines, sinkholes or other geological conditions or adverse soil conditions. (xii) Developer has no knowledge that any commitments have been made to any governmental authority, utility company, school board, church or other religious body, homeowners' association, or any other organization, group or individual relating to the Parking Condominiums which would impose an obligation upon Agency or its successors or assigns to make any contributions or dedications of money or land or to construct, install or maintain any improvements of a public or private nature on or off the Parking Condominiums. (xiii) There are no facts known to Developer materially affecting the value of the Parking Condominiums which are not readily observable by Agency or which have not been disclosed to Agency. (xiv) Present zoning and land use classification of the Parking Condominiums according to the current and applicable zoning Station Square Development 2-5-04 Draft ~9 ordinances and the applicable land use plan is satisfactory for the utilization of the site for public parking as contemplated by this Agreement. There are no proceedings to change such zoning or land use classifications or the conditions applicable thereto. There exists no violation of any requirement or condition to such zoning or land use classifications, which is applicable to the Parking Condominiums. (xv) The Parking Condominiums are not included in any national, state, county or municipal historic registry or similar classification, nor do the Parking Condominiums include any historical or archeological artifacts. (xvi) The Developer has full power and authority to enter into this Agreement and consummate the transactions contemplated hereby and neither this Agreement nor the consummation of the transactions contemplated hereby will constitute a violation of any order, rule, regulation, agreement or instrument or any charter or organizational documents to which the Developer is subject. No further approvals or consents by third parties or governmental bodies are required in order for the Developer to enter into this Agreement and consummate the transactions contemplated hereby. (xvii) The covenants, representations and warranties of the Developer as contained herein shall be true and correct as of the Closing and shall survive the Closing of this transaction. m. Condemnation. In the event that prior to the Closing Date, all or any portion of the Parking Condominiums or any rights or easements therein shall be taken by condemnation or rights of eminent domain or like process, or shall be threatened therewith, and the same, in Agency's reasonable opinion, would have a materially adverse impact upon Agency's use of the Parking Condominiums, Agency shall, within fifteen (15) days after having received notice thereof from Developer, elect in writing to either (a) continue this Agreement in full force and effect, notwithstanding such taking or threatened taking, in which case Agency shall be required to continue the purchase of the Parking Condominiums, (b) delete the portion of the Parking Condominiums condemned or threatened to be condemned from this Agreement, with a proportionate reduction in the Purchase Price, or (c) terminate this Agreement. n. Real Estate Commission. Developer and Agency represent that they have not used any brokerage services with respect to the conveyance of the Station Square Development 2-5-04 Draft 40 Parking Condominiums to Agency as herein contemplated. The Developer and Agency shall each hold the other harmless and indemnify the other party, its respective successors, assigns, employees, directors and agents from any and all costs, damages, liabilities and expenses, including reasonable attorney's fees, incurred by reason of any claim for fee or commission of any kind based on the sale contemplated herein. o. Maintenance of Parking Condominiums. Through Closing, the Developer shall maintain the Parking Condominiums in good order and shall carry reasonable amounts of physical damage and liability insurance on the Parking Condominiums and any improvements thereon existing as of the date hereof. p. Radon Gas Notice. (i) As required by Section 404.056(6), Florida Statutes, the following notice is hereby given to the Agency as the prospective purchaser of the Parking Condominiums, which may have buildings located thereon, and the Agency acknowledges receipt of such notice: "Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit." (ii) To exercise its indemnification rights hereunder, Agency shall promptly notify Developer of any such claim in respect of which indemnity is sought hereunder. Any such notice shall be given in good faith, be reasonably specific and shall set forth in reasonable detail, if available, the nature of the alleged loss, claim, expense or liability or the action or proceeding. An Agency Indemnified Party shall advise Developer of all material facts relating to such assertion within the direct and actual knowledge of an Agency Indemnified Party and, in the event of a third party claim or action, shall afford Developer the opportunity, at Developer's sole cost and expense, to defend against such claims, actions or proceedings. In any such claim, an Agency Indemnified Party shall have the right to retain its own counsel, and the fees and expenses of such counsel shall be at Developer's expense unless the Developer and the Agency Indemnified Party mutually agree Station Square Development 2-5-04 Draft 41 otherwise in writing. (iii) An Agency Indemnified Party shall have no right to settle or compromise any claims subject to indemnification hereunder if Developer notifies Agency that Developer intends to defend against such claim and undertakes such defense immediately after receiving notice of such claim and continues such defense throughout the pendency of such claim. If Developer fails to undertake such defense or continue such defense as aforesaid, then, in such event, the Agency Indemnified Party may undertake to settle or compromise any claim upon such terms and conditions as the Agency Indemnified Party deems necessary or appropriate. All amounts incurred by the Agency Indemnified Party in connection with the settlement or compromise of such claim shall be indemnified by the Developer hereunder. Except as provided above, Developer shall not be liable for any settlement effected without Developer's consent of any claim for which indemnity may be sought hereunder. ARTICLE 8. CONSTRUCTION OF THE STATION SQUARE PROJECT. 8.01. Site Clearance. The Developer shall be responsible for clearance of the Station Square Parking Lot Site such that il each part thereof is in a condition ready for development to commence as of the Commencement Date. Permits issued by the City for pre-construction activities on the Station Square Parking Lot Site, including site clearance, shall not be considered a Building Permit for purposes of this Agreement. 8.02. Construction of the PrQject. (a) (1) The Developer shall construct the Station Square Project on the Station Square Parking Lot Site substantially in accordance with the Station Square Project Plans and Specifications therefor. Subject to Unavoidable Delay and the terms and conditions in this Agreement, the Developer shall commence construction of the Station Square Project within two hundred forty (240) days of the Closing Date. (2) For purposes of this Section 8.02, "commence construction" of the Project means commencement of meaningful physical development of that part of the Project as authorized by the Building Permit therefor which is continued and prosecuted with reasonable diligence toward and with the objective of completion of that part of the Station Square Project. Station Square Development 2-5-04 Draft 42 (3) If for any reason, including Unavoidable Delay, the Developer does not commence construction of the Station Square Project on or before the two hundred fortieth (240th) day after the Closing Date, then as of that date the Agency shall no longer be obligated to plan, design, construct or install the Infrastructure Improvements in accordance with the Infrastructure Schedule, and Agency and Developer shall thereafter undertake to mutually agree upon a revised Infrastructure Schedule for the design, construction and installation of the Infrastructure Improvements by Agency. (b) (1) After the Commencement Date, the Developer shall continue, pursue and prosecute the construction of the Station Square Project with reasonable diligence to completion by the Completion Date and shall not at any time actually or effectively have abandoned (or its Contractor having actually or effectively abandoned) the Station Square Parking Lot Site. For purposes of this subsection (b), "abandoned" means to have ceased any construction work, which effectively advances the construction of that Phase toward completion, including all or substantially all the construction work force withdrawing from the Station Square Parking Lot Site. (2) All obligations of the Developer with respect to commencement, continuation and completion of construction of the Station Square Project shall be subject to delays and extensions from time to time for Unavoidable Delay. The Developer shall not be deemed to be in default of this Agreement to the extent construction or completion of the Station Square Project, or any part thereof, is not complete by reason of Unavoidable Delay. (c) For purposes of this Section 8.02, "completion," "complete," "substantially complete" or "substantial completion" means, with respect to construction of the retail space of the Station Square Project, a certificate of occupancy for the shell of any structure (not including any tenant improvements for the retail space) has been issued by the City; or for the residential and garage areas, the issuance of a Certificate of Occupancy for each residential condominium unit and the garage. (d) (1) Commencing on the fifteenth (15th) day of the calendar month following the calendar month in which the Commencement Date occurs and continuing until the Completion Date, the Developer shall make quarterly reports to the Agency in such detail and in such form as may reasonably be requested by the Agency as to the actual progress of the construction of the Station Square Project. 2) If the Agency believes adequate progress in the construction of the Station Square Project is not being made, the Agency shall give notice to the Developer that adequate progress is apparently not being made in the Station Square Project and to respond within ten (10) business days thereafter as to why adequate progress is or is not being made toward completion of the Station Square Project. (e) (1 ) The Developer agrees that each contract between the Developer and a Station Square Development 2-5-04 Draft 41 Contractor for the Station Square Project shall provide, among other things, that: (i) notice shall be given to the Agency of any material defaults thereunder by the Developer or the Contractor; and (ii) in the event of a material breach by the Developer of such contract that is not being contested by the Developer, the Agency shall have the right, but not the obligation, to cure any defaults by the Developer under such contract without penalty to the Agency or stoppage of the work. (2) If the Agency elects to cure a material default by the Developer under a contract between the Developer and a Contractor, upon receipt of a notice to that effect from the Agency, the Developer shall immediately deliver to the Agency all plans, specifications, drawings, contracts and addenda thereto pertaining to the construction of that part of the Station Square Project which are in its possession or control (and shall instruct the Project Professionals and any other persons in possession or control of such plans, specifications, drawings and contracts to deliver them to the Agency). (3) The right of the Agency to cure any default by the Developer as provided in paragraph (1) above shall be subject and subordinate to the right of the Construction Lender to cure such default. 8.03. Maintenance and Repairs. During the construction of the Station Square Project, the Developer shall, at its own expense, keep the Station Square Project in good and clean order and condition and the Developer shall promptly make all necessary or appropriate repairs, replacements and renewals thereof, whether ordinary or extraordinary, foreseen or unforeseen. All repairs, replacements and renewals shall be equal in quality and class to the original work. When making such repairs, replacements or renewals, the Developer shall comply with all applicable laws, ordinances, codes and regulations. 8.04. Station Square PrQject Alterations or Improvements. During the construction of the Station Square Project, the Developer may, from time to time, make alterations and improvements, structural or otherwise, to the Station Square Project as the Developer deems desirable and consistent with the Station Square Project Plans and Specifications for the uses contemplated by this Agreement; provided, however, that prior to the commencement of any material alterations or improvements of sufficient size and scope as to constitute a material change in the previously approved Station Square Project Plans and Specifications, the Developer shall notify the Agency of such material change and may submit a change, amendment or revision to the Station Square Project Plans and Specifications to the Agency for review as provided in Sections 4.03 and 4.04 hereof. Nothing in this Section 8.04 is intended nor shall be deemed to limit or restrict the exercise of governmental or regulatory powers or authority by the City or any other governmental entity or to enlarge its regulatory authority. 8.05. Completion Certificate. Station Square Development 2-5-04 Draft 44 (a) (1) Upon the substantial completion of the construction of the Station Square Project in accordance with the provisions of this Article 8 (particularly including subsection 8.02(c)), the Developer shall prepare and execute the Completion Certificate, which shall then be delivered to the Agency. Upon receipt of the certificate the Agency shall promptly and diligently proceed to determine if construction has been completed substantially in accordance with the Station Square Project Plans and Specifications and this Agreement. Upon making such a determination the Agency shall execute the certificate and return it to the Developer. The date of the Completion Certificate shall be the date when the last of the parties shall have executed said certificate. (2) The Completion Certificate shall constitute a conclusive determination by the parties hereto of the satisfaction and termination of the obligations of the Developer hereunder to construct the Station Square Project; provided, however, that nothing in this Section 8.05 shall be a waiver of the rights, duties, obligations or responsibilities of the City or any other governmental entity acting in its regulatory or governmental capacity or an approval of said construction for purposes of the issuance of a certificate of occupancy for the Project. (3) The parties agree that it is their intent that the review by the Agency for purposes of the Completion Certificate determination pursuant to this Section 8.05 is not to be an additional or duplicate inspection over and above that required for purposes of the Building Permit, including the issuance of a certificate of occupancy. The Agency agrees that for purposes of determining if the Station Square Project has been substantially completed in accordance with the Station Square Project Plans and Specifications, the issuance of a certificate of occupancy shall be a conclusive determination of substantial completion for purposes of this subsection (a) and, if such certificate has been determined to have been issued, then the Agency agrees to execute the Completion Certificate. (b) If the Agency shall refuse or fail to execute the Completion Certificate after receipt of a request by the Developer to do so, then the Agency shall, within ten (10) days after its receipt of such request, provide the Developer with a written statement setting forth in reasonable detail the reason(s) why the Agency has not executed the Completion Certificate and what must be done by the Developer to satisfy such objections so that the Agency would sign the certificate. Upon the Developer satisfying the Agency's objections, then the Developer shall submit a new request to the Agency for execution of the Completion Certificate and that request shall be considered and acted upon in accordance with the procedures in paragraph (a)(1) for the original request. (c) The Completion Certificate shall be in a form sufficient to be recorded in the public records of Pinellas County, Florida. After execution by the Agency, it shall be promptly returned to the Developer who shall record the certificate in the public records of Pinellas County, Florida, and pay the cost of such recording. Station Square Development 2-5-04 Draft 4'i 8.06. Agency Not in Privity with Contractors. The Agency shall not be deemed to be in privity of contract with any Contractor or provider of goods or services with respect to the construction of any part of the Project or any Phase or Subsequent Phase thereof. 8.07. Repurchase of the Site Property. (a) In the event Developer shall not have commenced construction of the Station Square Project within twelve months following the Closing Date, then in such event, Agency shall have an option to purchase the Property upon the terms and conditions as set forth in this Section 8.07 (the "Property Option"). The Property Option shall be exercised by Agency within ninety (90) days following the expiration of the twelve month period following the Closing Date. The Property Option shall be exercised by Agency providing written notice to Developer of its intent to exercise the Option within said ninety (90) day period (time being of the essence with respect to such notice). In the event that Agency should fail to provide such written notice of its exercise of the Property Option within said ninety (90) day period, then the Property Option shall immediately and automatically lapse. (b) Upon proper and timely exercise of the Property Option, Agency and Developer shall undertake to close the conveyance of the Property by Developer to Agency within sixty (60) days following the date of notice of the exercise of the Property Option upon the following terms and conditions: (1) The price to be paid by Agency to Developer for the Station Square Parking Lot Site Property shall equal Seven Hundred Twenty Thousand ($720,000.00) Dollars. (2) The Property shall be conveyed by Developer to Agency pursuant to a special warranty deed, which deed shall be subject to taxes for the year of Closing and the other Permitted Exceptions to which the Property was subject on the Closing Date. (3) Developer shall pay for the cost of any documentary stamp taxes imposed upon the deed conveying the Property from Developer to Agency. In addition, Developer shall pay for any surveyor title insurance Agency elects to obtain in connection with such conveyance. (c) Until the commencement of construction by the Developer on the Property or the expiration of the twelve month period in which such construction was to commence plus the ninety (90) day period during which the Agency may exercise its option to repurchase the Property, the Developer covenants and agrees with the Agency not to cause any mortgage or lien to be levied, assessed or placed on the Property with respect to any financing of Developer's construction of the Station Square Project or other corporate financings of any type without the prior consent of the Agency. (d) Upon conveyance of the Property to the Agency pursuant to the exercise of its Station Square Development 2-5-04 Draft 40 option to repurchase the Property, this Agreement shall terminate as provided in Section 13.05. (e) This option to repurchase the Property shall survive a termination of this Agreement by the Developer pursuant to Section 13.05{f}. 808 Staging Areas for Construction. The Agency agrees to make Station Square Park available as a construction staging area upon commencement of construction of the Station Square Project. Developer agrees to pay for boxing of existing live oak trees in Station Square Park. The Agency will obtain a license agreement from the City for the benefit of Developer for the length of the construction period, but not to exceed 24 months. ARTICLE 9. INSURANCE. 9.01. Insurance Requirements Generally. (a) The Developer agrees to purchase and maintain in full force and effect such insurance policies with coverages generally applicable to projects in the State of Florida and Pinellas County similar in size and scope to the Station Square Project. All insurance shall be obtained from financially responsible insurance companies either duly authorized under the laws of the State of Florida to do insurance business in the State of Florida (or subject to legal process in the State of Florida) and shall be issued and countersigned by duly authorized representatives of such companies for the State of Florida. (b) The insurance coverages and limits shall be evidenced by properly executed certificates of insurance. No less than thirty (30) days written notice by registered or certified mail must be given by the Developer to the Agency of any cancellation, intent not to renew, or reduction in the policy coverages. (c) The Developer shall cause to be provided to the Agency certified true copies of any insurance policy required by this Article 9 upon written request of the Agency. (d) Nothing in this Agreement is intended or shall be deemed to be designed by the Agency as a recommended insurance program for the Developer. (e) (1) The Developer alone shall be responsible for the sufficiency of its own insurance program. The Agency will in no way be responsible to the Developer or any other party for any inadequacy of the Developer's overall insurance program. (2) The Agency shall be responsible for the sufficiency of its insurance program. The Developer will in no way be responsible to the Agency or any other party for any inadequacy of the Agency's overall insurance program. Station Square Development 2-5-04 Draft 47 9.02. Insurance Exclusive of Indemnity. The insurance policies and coverages of the Developer contemplated by this Article 9 are exclusive of, and in addition to, any and all indemnity obligations of the Developer and the Agency under this Agreement. 9.03. No Waiver of Sovereign Immunity. Nothing in this Article 9 is intended or shall be deemed to constitute a waiver in whole or in part of any sovereign immunity applicable to and that may be asserted by the City or the Agency, or the Developer. ARTICLE 10. INDEMNIFICATION. 10.01. Indemnification by the Developer. (a) For consideration of $10.00 and other good and valuable consideration herein provided, the receipt of which is hereby acknowledged by the Developer, the Developer agrees to indemnify, defend and hold harmless, the Agency, its respective agents, officers, or employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of any act or omission of the Developer, its agents, employees or contractors arising out of, in connection with or by reason of, the performance of any and all services contemplated by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services contemplated by this Agreement, or which are alleged to have arisen out of, in connection with, or by reason of, the performance of such services. (b) The Developer's indemnity obligations under subsection (a) shall survive the earlier of the Termination Date or the Expiration Date, but shall apply only to occurrences, acts, or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. (c) The Developer's indemnity hereunder is in addition to and not limited by any insurance policy and is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, nor as a waiver of sovereign immunity for any party entitled to assert the defense of sovereign immunity. 10.02. Indemnification by the Agency. (a) To the extent permitted by law, specifically including Section 768.28, Florida Statutes, and any insurance coverage available to the Agency, the Agency agrees to indemnify, defend and hold harmless, the Developer, its respective, officers, and employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of, any act or omission of the Agency, its respective agents or employees arising out of, in connection Station Square Development 2-5-04 Draft 4R with or by reason of, the performance of any and all services contemplated by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services contemplated by this Agreement, or which are alleged to have arisen out of, in connection with, or by reason of, the performance of such services. (b) The Agency shall indemnify, defend and hold harmless the Developer, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the Agency, as the case may be, of any covenants, representations or warranties contained in Section 3.02, Section 3.05, Section 7.16 or Section 12.01, or covenants contained in Section 12.02. (c) The Agency's indemnity obligations under this Section 10.02 shall survive the earlier of the Termination Date or the Expiration Date, but shall only apply to occurrences, acts or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. The Agency's indemnity hereunder is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, but is in addition to and not limited by any insurance policy provided that said obligation shall not be greater than that permitted and shall be limited by the provisions of Section 768.28, Florida Statutes, or any successor statute thereto. 10.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Developer (as set forth in Section 10.01) and the Agency (as set forth in Section 10.02), the following shall apply: (a) the indemnifying party shall not be responsible for damages that could have been, but were not, mitigated by the indemnified party; (b) the indemnifying party shall not be responsible for that portion of any damages caused by the negligent or willful acts or omissions of the indemnified party; and (c) there shall be no obligation to indemnify hereunder in the event that the indemnified party (1) shall have effected a settlement of any claim without the prior written consent of the indemnifying party, or (2) shall not have subrogated the indemnifying party to the indemnified party's rights against any third party by an assignment to the indemnifying party of any cause or action against such third party. ARTICLE 11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER. 11.01. Representations and Warranties. The Developer represents and warrants to the Station Square Development 2-5-04 Draft 49 Agency that each of the following statements is currently true and accurate and agrees the Agency may rely upon each of the following statements: (a) The Developer is a Florida Limited Liability Company duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. (b) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by this Agreement to which Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (1) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (2) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Developer, (3) contravenes or results in any breach of, default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's articles of incorporation, or, any other agreement or instrument to which the Developer is a party or by which the Developer may be bound. (c) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling shareholder, officer, employee or agent of the Developer, which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. (e) The Developer has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer, and has paid, or caused Station Square Development 2-5-04 Draft :')0 to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against the Developer. (f) All financial information and other documentation, including that pertaining to the Station Square Project or the Developer, delivered by the Developer to the City and the Agency, was, on the date of delivery thereof, true and correct. (g) The principal place of business and principal executive offices of the Developer are in Clearwater, Florida, and, until the expiration or termination of this Agreement, the Developer will keep original or duplicate records concerning the Project (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at an office located in the corporate limits of the City of Clearwater. (h) As of the Closing Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Project as contemplated by this Agreement, including the purchase of the Station Square Parking Lot Site from the Agency as contemplated by Article 7. (i) The Developer (with the assistance of its Project Professionals) has the experience, expertise, and capability to develop, cause the construction, and complete the Station Square Project and, oversee and manage the design, planning, construction, and completion of the Station Square Project, and to acquire the Station Square Parking Lot Site as provided herein. 11 .02. Covenants. The Developer covenants with the Agency that until the earlier of the Termination Date or the Expiration Date: (a) The Developer shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Developer to perform. (b) During each year this Agreement and the obligations of the Developer under this Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are applicable to, and that are the responsibility of, the Developer. (c) The Developer shall assist and cooperate with the Agency to accomplish the development of the Station Square Project by the Developer in accordance with this Agreement, and the Station Square Project Plans and Specifications and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto, including the Plan and the Act. (d) The Developer shall comply with all provisions of the financing documents for any Station Square Development 2-5-04 Draft ')1 Construction Financing. (e) Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Station Square Project and shall promptly notify the Agency of any event, condition, occurrence, or change in its financial condition which materially adversely affects, or with the passage of time is likely to adversely affect, the Developer's financial capability to successfully and completely develop, construct and complete the Station Square Project as contemplated hereby. (f) The Developer shall promptly cause to be filed when due all federal, state, local and foreign tax returns required to be filed by it, and shall promptly pay when due any tax required thereby so as to avoid an uncured tax lien against the Station Square Parking Lot Site. (g) Subject to and except as permitted by Section 17.01, prior to the expiration or termination of this Agreement, the Developer shall maintain its existence, will not dissolve or substantially dissolve all of its assets and will not consolidate with or merge into another corporation, limited partnership, or other entity without the prior approval of the Agency, unless the Developer is the surviving entity or retains a controlling interest in the consolidated or merged corporation, in which case no consent by Agency shall be required. In any event, prior to the expiration or termination of this Agreement, the Developer, will promptly notify the Agency of any changes to the existence or form of the corporation of Developer. (h) The Developer shall not sell, lease, transfer or otherwise dispose of all or substantially all its assets without adequate consideration and will otherwise take no action which shall have the effect, singularly or in the aggregate, of rendering Developer unable to continue to observe and perform the covenants, agreements, and conditions hereof and the performance of all other obligations required by this Agreement. (i) Except for the removal of any structures, plants, items or other things from the Station Square Parking Lot Site after the Closing Date necessary for construction of the Station Square Project to commence and continue, the Developer shall not permit, commit, or suffer any waste or impairment of the Station Square Parking Lot Site prior to the earlier of the Termination Date or the Expiration Date. 0) Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall design, construct and complete the Station Square Project such that it is substantially complete as provided in this Agreement no later than the Completion Date. 11 03 Covenant. Nondiscrimination. The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital Station Square Development 2-5-04 Draft '"'2 status, ancestry or national origin in the marketing, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site 11 04 Survival The representations, warranties and covenants of Developer as contained in Section 11.01,11.02, and 11 03 hereof shall survive the conveyance of the Station Square Parking Lot Site to the Developer by the Agency. ARTICLE 12. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE AGENCY. 12.01. Representations and Warranties. The Agency represents and warrants to the Developer that each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: (a) The Agency is a validly existing body corporate and politic of the State of Florida, is the duly created community redevelopment agency of the City under Part III, Chapter 163, Florida Statutes (known as the Community Redevelopment Act of 1969), has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party. (b) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by this Agreement to which the Agency is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Agency, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (1) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (2) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Agency, (3) contravenes or results in any breach of, or default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Agency under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the Agency is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the Agency outstanding on the Effective Date. (c) This Agreement and, to the extent such documents presently exist in form accepted by the Agency and the Developer, each document contemplated or required by Station Square Development 2-5-04 Draft '11 this Agreement to which the Agency is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the Agency enforceable against the Agency in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) There are no pending or threatened actions or proceedings before any court or administrative agency against the Agency, or against any officer of the Agency, which question the validity of any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Agency. (e) The Interlocal Agreement is a valid and binding obligation of the Agency and the City. (f) Section 768.28, Florida Statutes, is the only statutory limitation on the Agency's indemnification obligations under this Agreement, and furthermore the Agency's indemnity obligations hereunder are not restricted by anything in its bylaws or in Part III, Chapter 163, Florida Statutes. 12.02. Covenants. The Agency covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: (a) The Agency shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Agency to perform. (b) During each year that this Agreement and the obligations of the Agency under this Agreement shall be in effect, the Agency shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the Agency. (c) The Agency shall assist and cooperate with the Developer to accomplish the development of the Station Square Project in accordance with this Agreement and the Station Square Project Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the Agency will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules, regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. (d) The Agency shall not request or recommend any rezoning of the Station Square Station Square Development 2-5-04 Draft ')4 Parking Lot Site, or any part thereof, which will prevent or adversely affect the development of the Station Square Project. (e) The Agency shall maintain its financial capability to carry out its responsibilities as contemplated by this Agreement and shall notify the Developer of any event, condition, occurrence, or change in its financial condition that adversely affects, or with the passage of time is likely to adversely affect, the Agency's financial capability to carry out its responsibilities contemplated hereby. (f) So long as this Agreement is in effect and the Developer is not in default hereunder, the Agency shall maintain the Interlocal Agreement in effect and will not terminate it or do anything or not do anything that would be the basis for the City to terminate such agreement prior to its scheduled expiration. 12.03. Survival. The representations, warranties and covenants of Agency as contained in Section 12.01 and 12.02 hereof shall survive the conveyance of the Station Square Parking Lot Site to the Developer by the Agency. ARTICLE 13. DEFAULT; TERMINATION. 13.01. Default by Developer. (a) Provided the Agency is not then in default of this Agreement under Section 13.02 hereof, there shall be an "event of default" by the Developer upon the occurrence of any one or more of the following after the Effective Date: (1 ) The Developer shall fail to perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor; provided, however, that suspension of or delay in performance by the Developer during any period in which the Agency is in default of this Agreement as provided in Section 13.02 hereof will not constitute an event of default by the Developer under this subsection (a); or (2) The Developer shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Developer or any material part of such entity's properties; or (3) Within sixty (60) days after the commencement of any proceeding by or against the Developer seeking any reorganization, arrangement, composition, Station Square Development 2-5-04 Draft ')" readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within sixty (60) days after the appointment without the consent or acquiescence of the Developer of any trustee, receiver or liquidator of any of such entities or of any material part of any of such entity's properties, such appointment shall not have been vacated. (b) (1) If an event of default by the Developer described in subsection (a) above shall occur, the Agency shall provide written notice thereof to the Developer, and, if such event of default shall not be cured by the Developer within thirty (30) days after receipt of the written notice from the Agency specifying in reasonable detail the event of default by the Developer, or if such event of default is of such nature that it cannot be completely cured within such time period, then if the Agency is not then in default of this Agreement and the Developer shall not have commenced to cure such default within such thirty (30) day period and shall not diligently prosecute such cure to completion within such reasonable longer period of time as may be necessary then, in addition to any remedy available under Section 13.03, the Agency may terminate this Agreement or pursue any and all legal or equitable remedies to which the Agency is entitled, provided, however, if the Developer shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the Agency may proceed to enforce other available remedies without providing any additional notice to the Developer. (2) Any attempt by the Agency to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver of the Agency's right to pursue any other remedy to which either may be entitled. (3) Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or Agency's ability to perform by such deadline or the expiration of such period. (c) Subject to the rights of the Construction Lender, any Contractor, creditors of the Developer, and others claiming a legal or equitable interest in the Project, or a portion thereof, if the Agency elects under Section 6.06 to cure a default under subsection (a) by the Developer and complete the construction of the Station Square Project, all plans and specifications, working drawings, construction contracts, contract documents, Building Permits, Permits, management agreements, and financial commitments (all only to the extent assignable) with respect to the Station Square Project shall, if such default has not been previously cured, on the day following receipt by the Developer of notice from the Agency of its election to cure under Section 6.06, be deemed then assigned to the Agency making said election, without necessity of any other action being taken or not taken by any party hereto. The Developer shall transfer and deliver to the Agency upon making said election, all assignable Station Square Project Plans and Specifications, Station Square Development 2-5-04 Draft ')(i working drawings, construction contracts, contract documents, financial commitments, management agreements, and all Permits. (d) In the event of a termination of this Agreement pursuant to this Section 13.01, the Agency shall not be obligated to make or to continue to make any repayments of any Impact Fees. 13.02. Default by the Agency. (a) Provided the Developer is not then in default under Section 13.01, there shall be an "event of default" by the Agency under this Agreement in the event the Agency shall fail to perform or comply with any material provision of this Agreement applicable to it; provided, however, that suspension of or delay in performance by the Agency during any period in which the Developer is in default of this Agreement as provided in Section 13.01 hereof will not constitute an event of default by the Agency under this subsection (a). (b) If an event of default by the Agency described in subsection (a) shall occur, the Developer shall provide written notice thereof to the Agency, and, after expiration of the curative period described in paragraph (2) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the Agency or pursue any and all legal or equitable remedies to which the Developer is entitled; provided, however, if the event of default by the Agency occurs on or prior to the Closing Date, any monetary recovery by the Developer in any such action shall not include any lost profits or consequential damages and shall be limited to bona fide third-party out-of-pocket costs and expenses, including reasonable attorneys' fees, incurred by the Developer in connection with the negotiation of this Agreement as well as any investigation, due diligence, development, design or construction costs incurred by the Developer in connection with the proposed acquisition and development of the Station Square Parking Lot Site, unless any such default by the Agency was willful and committed in bad faith with reckless disregard for the rights of the Developer. (c) The Developer may not terminate this Agreement or institute an action described in paragraphs (a) or (b) above if the Agency cures such event of default within thirty (30) days after receipt by the Agency of written notice from the Developer specifying in reasonable detail the event of default by the Agency, or if any such event of default is of such nature that it cannot be completely cured within such period, then within such reasonably longer period of time as may be necessary to cure such default, provided however, if the Agency is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding an aggregate of thirty (30) days without any approval or consent of the Developer being required, but such approval will be required (and shall be given or withheld in Developer's sole discretion) if the curative period is to be extended beyond thirty (60) days after the notice of default has been given by the Developer to the Agency if the Agency has commenced to cure such default within such thirty (30) day period and is diligently prosecuting such curative action to completion. The Station Square Development 2-5-04 Draft C,7 Agency shall within said thirty (30) day period or such longer period promptly, diligently and in good faith proceed to cure such event of default after receipt of the notice from the Developer and shall succeed in curing such event of default within said period of time, provided, however, if the Agency shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the Developer may proceed with its available remedies without providing any additional notice to the Agency. (d) In the event of a default by Agency in the construction and completion of the Infrastructure Improvements which is not cured within the cure period provided in paragraph (c) above, Developer may elect, at its option, without limiting Developer's right to pursue any other remedy provided in this Agreement, to undertake to complete construction of the Infrastructure Improvements in such a manner as Developer deems reasonably necessary or appropriate under the circumstances. In such event, the Infrastructure Plans and Specifications, working drawings, construction contracts, contract documents, Building Permits, Permits and any other documents or information related to the construction of the Infrastructure Improvements will be deemed then assigned by Agency to Developer without the necessity of any other action being taken or not taken by any party hereto, and Agency shall undertake all steps as are reasonably necessary to assist Developer in gaining access to the areas upon which the Infrastructure Improvements are to be made. In the event Developer elects to exercise such construction of the Infrastructure Improvements, Agency shall be obligated to promptly reimburse Developer for all costs (including any costs of overtime or premium work necessary to achieve the completion of the Infrastructure Improvements in accordance with the Infrastructure Schedule or as required to avoid delay in completion), incurred by Developer in connection with such construction of the Infrastructure Improvements to the extent that funds are available in the same and shall then be made from such other funds as are legally available to the Agency. Such reimbursement shall include interest on the amounts so expended by Developer at the rate of twelve percent (12%) per annum from the date such amounts were expended by Developer until the date they have been reimbursed by Agency. (e) Any attempt by the Developer to pursue any of the remedies referred to in paragraphs (a), (b), (c) or (d) above will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any other remedy to which it might be entitled. (f) Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or Agency's ability to perform by such deadline or the expiration of such period. 13.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the Agency or the Developer are entitled under this Agreement are not exclusive and are intended to be in Station Square Development 2-5-04 Draft 'iR addition to any other remedies or means of redress to which the Agency or the Developer may lawfully be entitled and are not specifically prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the Developer, while the Agency shall at such time be in default of their obligations hereunder shall not be deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations by the Agency while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default" by the Agency. 13.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure of the Agency or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the Agency or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 13.05. Termination. (a) The Developer and the Agency acknowledge and agree that as of the Effective Date certain matters mutually agreed by the parties hereto are essential to the successful development of the Project have not been satisfied or are subject to certain conditions, legal requirements or approvals beyond the control of any of the parties hereto or which cannot be definitely resolved under this Agreement. In recognition of these events or conditions, the parties hereto mutually agree that, provided the appropriate or responsible party therefor diligently and in good faith seeks to the fullest extent of its capabilities to cause such event or condition to occur or be satisfied, the failure of the events or conditions listed in subsection (b) below to occur or be satisfied shall not constitute an event of default by any party under this Article 13, but may be the basis for a termination of this Agreement as provided in this Section 13.05. (b) In addition to any other rights of termination provided elsewhere in this Agreement, this Agreement may be terminated prior to the Closing Date as provided in subsection (c) after the occurrence of any of the following events or conditions: (1) All of the Station Square Parking Lot Site is taken by the exercise of the power of eminent domain by a governmental authority (except the City or the Agency) or a person entitled to exercise such power or benefiting therefrom, or such part of the Station Square Parking Lot Site is taken by the power of eminent domain so as to render the Station Square Project commercially unfeasible or unusable for its intended uses as contemplated by this Agreement; (2) The appropriate governmental authority (but not including the City in exercise of its governmental and regulatory authority and responsibility), upon petition by the Developer, unduly delays or denies or fails to issue the Permits, issue the Station Square Development 2-5-04 Draft .')9 Building Permits, or approve any other land use approval necessary to commence construction of the Station Square Project on the Station Square Parking Lot Site; (3) The City has denied or failed to approve Infrastructure Improvements Plans and Specifications or has denied or failed to issue the Building Permit; (4) A moratorium on new construction is imposed by a governmental authority within the City or Pinellas County so as to prevent construction of the Station Square Project to commence; (5) The City or other appropriate governmental authority has issued a concurrency compliance certificate or a reservation of services capacity as described in Section 3.05 and such certificate or reservation has been revoked, repealed, superseded, or otherwise no longer of any effect or the Developer is unable to rely upon such certificate or reservation, if such a certificate or reservation is required for development of the Station Square Project on the Station Square Parking Lot Site, and the Developer cannot obtain a new or replacement certificate or reservation for the Station Square Project; (6) The Station Square Parking Lot Site is not conveyed to the Developer by the Agency due to a condition to closing described in Section 7.10 not being timely satisfied or waived; (8) The City approves an amendment to the Plan, which is inconsistent with the Station Square Project being located on the Station Square Parking Lot Site. (9) Utilities are not readily available at the boundaries of the Station Square Parking Lot Site at locations satisfactory to the Developer by the Closing Date. (c) Upon the occurrence of an event described in subsection (b), then the Developer or the Agency may upon determining that such event cannot reasonably be expected to change in the foreseeable future so as to allow development of the Station Square Project, may elect to terminate this Agreement by giving a notice to the other party hereto within thirty (30) days of the occurrence of such event or the determination of inability to cause a condition precedent to occur or be satisfied, stating its election to terminate this Agreement as a result thereof, in which case this Agreement shall then terminate, provided, however, only the Developer may elect to terminate this Agreement upon the occurrence of an event described in paragraph !3),(7),(8), and(9). (d) In the event of a termination pursuant to Section 13.05(c), neither the Developer nor the Agency shall be obligated or liable one to the other in any way, financially or otherwise, for any claim or matter arising from or as a result of this Agreement or any actions taken by the Developer and the Agency, or any of them, hereunder or contemplated hereby, and each party shall be responsible for its own costs. Station Square Development 2-5-04 Draft nO (e) Notwithstanding anything to the contrary contained herein, in the event that any party shall have, but shall not exercise, the right hereunder to terminate this Agreement because of the non-satisfaction of any condition specified herein, and such condition is subsequently satisfied, then the non-satisfaction of such condition shall no longer be the basis for termination of this Agreement. 13.06. Termination Certificate. (a) In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, duties and obligations of the parties hereto have been terminated and released (subject to those surviving provisions hereof) and that the Station Square Parking Lot Site is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. (b) The certificate described in subsection (a) shall be prepared in a form suitable for recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pinellas County, Florida. The cost of recording the termination certificate shall be paid by the terminating party. 13 07 Remedies' All remedies provided for herein and under Florida law shall be cumulative and shall survive the technical termination of this Agreement pursuant to execution, delivery and recordation of a Termination Certificate or otherwise hereunder ARTICLE 14. UNAVOIDABLE DELAY. 14.01. Unavoidable Delay. (a) Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in paragraph (2) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section 14.01. (b) "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and Station Square Development 2-5-04 Draft hI excessively inclement weather (as indicated by the records of the local weather bureau for a five-year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the Agency shall not constitute an Unavoidable Delay with respect to performance by the Agency). (c) An application by any party hereto (referred to in this paragraph (c) and in paragraph (d) as the "Applicant") for an extension of time pursuant to subsection (a) must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within thirty (30) days following the occurrence of the event or condition causing the Unavoidable Delay or thirty (30) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. (d) The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 15. RESTRICTIONS ON USE. 15.01. Restrictions on Use. Prior to the earlier of the Termination Date or the Expiration Date, no use of the Station Square Project or the Station Square Parking Lot Site other than as 146 residential condominium units retail space, and parking as described in the Proposal, this Agreement and the Plan shall be permitted unless and until the Developer or the person, if other than the Developer, intending to so use the Station Square Project or Station Square Parking Lot Site, shall file with the Agency a request for a release from the any part of or all of the restriction imposed by this Section 15.01. The Agency shall promptly consider such request and either deny the request, approve the request as filed, or approve the request subject to such terms, conditions and limitations as the Agency may reasonably require. Unless specifically requested and approved, any release of the restriction imposed by this Section 15.01 shall not by its own terms without the consent of the Agency release the Developer from any obligations or restrictions imposed by this Agreement or any agreement, instrument or document contemplated hereby. If any release of the restriction imposed by this Section 15.01 is approved by the Agency, an instrument evidencing such release and in such form that it may be recorded, shall be recorded in the public records of Pinellas County, Florida, and the cost of such recording shall be paid by the Developer. Nothing in this Section 15.01 is intended to affect or override any law, ordinance, regulation, or other legal restriction not set forth in this Agreement. The restrictions contained in this Article 15 shall not apply to the Station Square Development 2-5-04 Draft 02 Construction Lender or any other person who obtains title to the Station Square Project or the Station Square Parking Lot Site through foreclosure or conveyance in lieu of and in anticipation of foreclosure. The restrictions contained herein shall automatically terminate upon the earlier of the Termination Date or the Expiration Date contained in this Section 15.01 . The parties acknowledge and agree that this Section 15.01 survives the early termination of this Agreement by the Developer pursuant to subsection (g) of Section 13.05. ARTICLE 16.FIRE OR OTHER CASUALTY; CONDEMNATION. 16.01. Loss or Damage to Project. If economically reasonable, the Developer covenants and agrees to diligently commence and complete the reconstruction or repair of any loss or damage caused by fire or other casualty or by eminent domain (provided the City or the Agency is not the condemning authority) to each and every part of the Station Square Project to substantially the same as existed prior to the occurrence of such loss or damage. Any reconstruction or repair of any loss or damage to the Station Square Project shall be to the standards, design, plans and specifications of the original construction unless any change therefrom is approved by the Agency. 16.02. Partial Loss or Damage to PrQject. Any loss or damage by fire or other casualty or exercise of eminent domain to the Station Square Project or Station Square Parking Lot Site, or any portion thereof, which does not render the Station Square Project or Station Square Parking Lot Site reasonably unusable for the use contemplated by this Agreement, shall not operate to terminate this Agreement or to relieve or discharge the Developer from the timely performance and fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay. 16.03. Notice of Loss or Damage to Project. The Developer shall promptly give the Agency written notice of any significant damage or destruction to the Station Square Project stating the date on which such damage or destruction occurred, the expectations of the Developer as to the effect of such damage or destruction on the use of the Project, and the proposed schedule, if any, for repair or reconstruction of the Station Square Project. If the Developer determines the Station Square Project cannot be repaired or restored in an economically justifiable or other manner, then the Developer shall so notify the Agency and state reasons supporting its determination. 16.04. SuQject to Financing. The Developer's obligations under this Article 16 are subject to the terms and conditions of the Construction Financing or any other mortgage financing in effect at the time any such obligations hereunder would otherwise be applicable. ARTICLE 17. MISCELLANEOUS. Station Square Development 2-5-04 Draft 01 17.01. Assignments. (a) (1) Prior to the earlier of the Termination Date or the Expiration Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Station Square Project, or any part thereof to any person with the prior written consent of the Agency, which shall not be unreasonably withheld, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Station Square Project as is subject to such sale, conveyance, assignment or other disposition, except for the sale of a condominium in the ordinary course of business. (2) If the assignee of Developer's right, title, interest and obligations in and to the Station Square Project, or any part thereof, assumes all of Developer's obligations hereunder for the Station Square Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the Agency agrees to execute an instrument evidencing such release, which shall be in recordable form. (b) An assignment of the Station Square Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company. general partnership, or joint venture, in which the Developer is the or a general partner or has either the controlling interest or through a joint venture or other arrangement shares equal management rights with a financial institution and maintains such controlling interest or equal management rights for the term of this Agreement shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Section 17.01, provided, however, that notice of such assignment shall be given by the Developer to the Agency no less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. If the Developer shall at any time withdraw or be replaced as a general partner or no longer have the controlling interest or management rights as described in this subsection, then that event shall constitute an assignment of the Developer's right, title, interest or obligations under this Agreement for purposes of this Section 17.01 and the prior approval of the Agency shall be obtained before such an event shall be effective. 17.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the Agency, and its successors and assigns, and the Developer, and its successors and assigns, except as may otherwise be specifically provided herein. 17.03. Notices. Station Square Development 2-5-04 Draft ()4 (a) All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by overnight courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: To the Agency: Station Square, LLC 639 Cleveland St ,Ste 310 Clearwater, FL 33755 Community Redevelopment Agency of the City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 Attention: Ralph Stone with copies to: with copies to: The Beck Group, lnc 5100 W. Kennedy Blvd, Ste 250 Tampa, FL 33604 City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 Attention: City Manager And David E Platte, Esq 603 Indian Rocks Rd. Belleair, FL 33756 (b) Notices given by courier service or by hand delivery shall be effective upon delivery and notices given by mail shall be effective on the third (3rd) business day after mailing. Refusal by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section 17.03. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties and such notices shall be effective upon receipt. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 17.04. Severability. If any term, provision or condition contained this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 17.05. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been Station Square Development 2-5-04 Draft oS negotiated by the Agency and the Developer, and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the Agency or the Developer, but by all equally. 17.06. Venue; Submission to Jurisdiction. (a) For purposes of any suit, action, or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. (b) Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. (c) If at any time during the term of this Agreement the Developer is not a resident of the State of Florida or has no office, employee, agency or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the Agency arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non-resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in Section 17.03. 17.07. Agreement Not a Chapter 86-191, Laws of Florida, Development Agreement. The Developer and the Agency acknowledge, agree and represent that this Agreement, including, without limitation, any of the Exhibits, is not a development agreement as described in Sections 19-31, Chapter 86-191, Laws of Florida, codified as Sections 163.3220-163.3243, Florida Statutes. 17.08. Estoppel Certificates. The Developer and the Agency shall at any time and from time to time, upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge and deliver to the other parties a statement in recordable form certifying that this Agreement has not been modified and is in full force and effect (or if there have been modifications that the said Agreement as modified is in full force and effect and setting forth a notation of such modifications), and that to the knowledge of such party, neither it nor any other party is then in default hereof (or if another party is then in default hereof, stating the nature and details of such default), it being intended Station Square Development 2-5-04 Draft nn that any such statement delivered pursuant to this Section 17.08 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of any mortgage or assignee of the respective interest in the Station Square Project, if any, of any party made in accordance with the provisions of this Agreement. 17.09. Complete Agreement; Amendments. (a) This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral, including the RFP and the Proposal. The Letter Agreement attached hereto as exhibit "I" is incorporated into and made a part of this Agreement and in the event of a conflict, discrepancy or difference bet"v'v'een the terms of the Letter Agreement and this Agreement, then the terms of the Letter Agreement shall control. (b) Any provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. (c) This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 17.10. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 17.11. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 17.12. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 17.13. No Brokers. The Agency and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the Exhibits, or any proposed improvement, use, disposition, lease, conveyance or acquisition of any or all of the Station Square Parking Lot Site, specifically including the conveyance of the Station Square Parking Lot Site by the Agency to the Developer, except for the Justice Corporation. Station Square Development 2-5-04 Draft n7 17.14. Not an Agent. During the term of this Agreement, the Developer hereunder shall not be an agent of the City or the Agency, with respect to any and all services to be performed by the Developer (and any of its agents, assigns, or successors) with respect to the Station Square Project, and the Agency is not an agent of the Developer (and any of its agents, assigns, or successors). 17.15. Memorandum of Development Agreement. The Agency and the Developer agree to execute, in recordable form, on the Effective Date, the short form "Memorandum of Agreement for Development and Disposition of Property," the form of which is attached hereto as Exhibit "0," and agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas County, Florida, as soon as possible after execution thereof. The Agency shall pay the cost of such recording. 17.16. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the Agency's power and authority under the Act. 17.17. No General Obligation. In no event shall any obligation of the Agency under this Agreement be or constitute a general obligation or indebtedness of the City or the Agency, a pledge of the ad valorem taxing power of the City or the Agency or a general obligation or indebtedness of the City or the Agency within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither the Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City, the Agency or any other governmental entity or taxation in any form on any real or personal property to pay the City's or the Agency's obligations or undertakings hereunder. 17.18. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies contained herein or any Exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting from technical matters arising during the term of this Agreement, the parties agree that amendments to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do not change the substance of this Agreement may be made and incorporated herein. The Chairman of the Agency is authorized to approve such technical amendments on behalf of the Agency, respectively, and is authorized to execute any required instruments, to make and incorporate such amendment to this Agreement or any Exhibit attached hereto or any other agreement contemplated hereby. 17.19. Term; Expiration; Certificate. Station Square Development 2-5-04 Draft oR (a) If not earlier terminated as provided in Section 13.05, the term of this Agreement shall expire and this Agreement shall no longer be of any force and effect (except for those matters, which specifically survive such expiration) on the fifth (5th) anniversary of the Effective Date. (b) Upon completion of the term of this Agreement, all parties hereto shall execute the Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement; provided, however, and notwithstanding the foregoing provisions of this Section 17.19. (c) The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pinellas County, Florida. Following execution by all of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pinellas County, Florida, and the Developer shall pay the cost of such recording. 17 20 Marketing Plan The Developer shall be required to implement the Marketing Plan, attached hereto as Exhibit I 17.20. Effective Date. Following execution of this Agreement (and such of the Exhibits as are contemplated to be executed simultaneously with this Agreement) by the authorized officers of the Agency and by authorized representatives of the Developer following approval hereof by the Agency and the Developer and following the approval by the City and the Agency, respectively of the Interlocal Agreement, this Agreement (and any executed Exhibits) shall be in full force and effect in accordance with its terms and upon the recording of the Memorandum of Development Agreement as contemplated by Section 17.15 hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the _ day of , 2004. By: Brian J. Aungst Chairperson Community Redevelopment Agency Approved as to form: Attest: Station Square Development 2-5-04 Draft n9 Pamela K. Akin Attorney for Community Redevelopment Agency Cynthia E. Goudeau City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of , 20_, by BRIAN J. AUNGST, Chairperson of the Community Redevelopment Agency, who is personally known to me. Print/Type Name: Notary Public STATION SQUARE LLC THC OCCI< cnour By: Its STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this ,20_, by , Square LLC., who is personally known to me or who produced as identification. day of of Station Print/Type Name: Notary Public Station Square Development 2-5-04 Draft 70 Station Square Development 2-5-04 Draft 71