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DVA2014-06001 (RELATED TO LUP2014-07002; REZ2014-07002; FLD2014-07002)} � ��.���'4��t�� J MEETING DATE: AGENDA ITEM: CA5E: REQUEST: GENERAL DATA: Agent... ... ... ... ... ... ... ... .... Applicant / Owner ............. Location ... ... . .. .. . . .. . . . .. .. .. ... Property Size ... ................ Future Land Use Plan... . Zoning . .. .. . .. . . .. ... . .. ... . .. . Special Area Plan ............. Adjacent Zoning... North: South: East.• West: Existing Land Use... Proposed Land Use COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT December 16, 2014 G.4. DVA2014-06001 (Related to LUP2014-07002, REZ2014-07002, and FLD2014- 0�002) Review, and recommendation to the City Council, of the first amendment to the Development Agreement between La Salle Realty, LLC (the property owner) and the City of Clearwater under the provisions of Community Development Code Section 4-606, to allow for the expansion of the non-residential off-street parking use on a portion of the adjacent parcel (0.81 acres) with the remainder of the parcel to remain vacant (1.27 acres). E.D. Armstrong, III, and Katherine E. Cole; Hill Ward Henderson, P.A. La Salle Realty, LLC 2222 Lake Shore Drive, located on the southwest corner of Lake Shore Drive and Fourth Avenue South 2.08 acres (Proposed) Residential Low (RL) (lots 10 through 14 and adjacent vacated right- of-way); (Proposed) Residential Low Medium (RLM) (lots 15 through 23 and adjacent vacated right-of-way south of Lot 15) (LUP2014-07002) (Proposed) Low Medium Density Residential (LMDR) (lots 10 through 14 and adjacent vacated right-of-way); (Proposed) Medium Density Residential (MDR) (lots 15 through 23 and adjacent vacant right-of-way south of Lot 15) (REZ2014-07002) None Rural Residential (RR) District (Pinellas County) Open Space/Recreation (OS/R) District Open Space/Recreation (OS/R) District Low Medium Density Residential (LMDR) District Vacant Detached Dwelling Non-Residential Off-Street Parking ; : °. �;� � �;; �p,�r�� :;`°�'1�'"� r ., �'� a ti� � _ �'�;'� �� `�, , . 1 b _L. _ _ wM�} .. ° .. .tr.v."� �� �� �R q� , � � ���;, � -���. � �'. :, _' 3�' %�' � ;� ,: o�;�� �--._..� :r. t AERiAi FNGTOGkAF'H G.4. � V�l.�l �all.l Level III Develo ment A reement A lication Review PL`sxrnNG & DEV�LOpMErrr P 9 PP DEVELOPMENT REVIEW DIVISION � : ,:���,,�:��<�•°-� � ANALYSIS: Site Location and Existing Conditions: The 2.08-acre subject property is located on the on the southwest corner of Lake Shore Drive and Fourth Avenue South. The subject site is comprised of one parcel with approximately 260 feet of frontage along Lake Shore Drive and 350 feet of frontage along 4th Avenue South. The site will become part of the larger Dimmitt Automotive Group campus to the west. Primarily single-family dwellings characterize the area to the north of the parcel. The area immediately to the west has been developed as parking associated with the vehicle sales and display use along US Highway 19. South of the subject property is a parcel owned by the City of Clearwater and a Duke Energy utility easement, and to the east, across Lake Shore Drive, is additional open space and Lake Chautauqua. In 2005, the City approved an amendment to the adjacent parcel's designations to the Residential Low (RL) future land use designation with Low Medium Density Residential (LMDR) zoning so that the parcel could be used for non-residential off-street parking (LUZ2004-08006). A Development Agreement (DVA2004-00003) between the applicant and the City was also approved which limited the use of the adjacent site to only the non- residential off-street parking use and included required buffers and other parameters to limit the impact of the use on any surrounding properties, including the subject property. This is the first amendment to the aforementioned Development Agreement between the applicant and the City. The applicant proposes to expand the adjacent non-residential off-street parking onto a 0.81-acre portion of the subject property (the southwest corner of the parcel); the remainder of the site is proposed to remain vacant. The applicant has submitted a Petition for Annexation for the portion of the parcel not currently within the City (ANX2014-07011) which is being processed concurrently with this case at the January 15, 2015 City Council meeting. The applicant is also requesting to change the property's Future Land Use Community Development Board — December 16, 2014 DVA2014-07001 — Page 1 '��ti[41 r1' �tl.l Level III Develo ment A reement A lication Review PLANNING & DEVELOPMENT p 9 pP DEVELOPMENT REVIEW DIVISION � ����:_�. � � Map designation of Residential Suburban (RS) (2.08 acres) to Residential Low (RL) (0.81 acres) and Residential Low Medium (RLM) (1.27 acres) (see concurrent case LUP2014-07002), and to amend the Zoning Atlas from the Rural Residential (RR) District (Pinellas County) and Open Space/Recreation (OS/R) to Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts (City) (see concurrent case REZ2014-07002). A companion Flexible Development application for a 65-space parking lot within the Low Medium Density Residential (LMDR) District has also been submitted (see concurrent case FLD2014-07002). Code Compliance Analysis: There are no active Code Compliance cases for the subject property. Development Proposal: This application proposes to create an additional 65-space parking lot on the portion of the site proposed to be zoned Low Medium Density Residential (LMDR) District (lots 10 through 14 and adjacent vacated right-of-way, or the "Specified Portion"). The remainder of the site proposed to be zoned Medium Density Residential (MDR) District is shown as vacant on the concept plan (lots 15 through 23 and adjacent vacated right-of-way south of Lot 15). Any site development requirements related to the non-residential off-street parking use are contained on that portion of the site (e.g., stormwater retention area). The proposed amended Development Agreement carries forth the same development restrictions from the original agreement, with minor modifications to address the two portions of the subject property. The applicant will maintain 25- foot landscape buffers around the perimeter of the original property as well as the north, east and south boundaries of the additional property. The original and proposed areas of non-residential off-street parking uses will be combined; therefore, there is no setback/buffer between these two sections of the parcel boundaries. Where the proposed Low Medium Density Residential (LMDR) District abuts the proposed Medium Density Residential (MDR) District, a minimum 10-foot buffer is provided. Access to the site will be solely from the adjacent property to the west; no access will be provided to Lake Shore Drive or Fourth Avenue South. The details of these improvements are fully described within the staff report in association with case FLD2014- 07020. Development Agreement: The purpose of this amendment is to allow for the expansion of the non-residential off-street parking use onto the Specified Portion of the paxcel adjacent to the existing Dimmitt parking area ("Additional Property"), and to apply the existing development restrictions, as applicable, to the Specified Portion. The amended Development Agreement would extend the terms of the original agreement by an additional 10 years. The development agreement includes the following main provisions: o The development agreement will be in effect for ten years which complies with the duration of a general development agreement set forth in CDC Section 4-606.B.1; ❑ The Specified Portion of the property will be restricted to non-residential off-street parking; ❑ A 25-foot landscape buffer will be maintained around the perimeter of the property, and a minimum 10-foot landscape buffer shall be maintained around the Specified Portion; ❑ The use of loud speakers or amplified sound on the property will be prohibited; Community Development Board — December 16, 2014 DVA2014-07001 — Page 2 ' li�ea��atel Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVffiW DIVISION � .. ., ...,. . � ❑ The parking of vehicles associated with the service department on the site will be prohibited; ❑ Lighting on the site will be designed and directed in such a manner that light does not intrude beyond the site boundaries; and ❑ A deed restriction which lists all restrictions outlined in the Agreement and Amended Agreement will be recorded prior to the issuance of any permits. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed first amendment to the Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of August 7 and November 6, 2014 and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code (CDC), finds that there is substantial competent evidence to support the following findings of fact: l. The overall site is 2.08 acres located on the southwest corner of Lake Shore Drive and Fourth Avenue South; 2. There is a companion Petition for Annexation for the portion of the parcel not currently within the City (ANX2014-07011); 3. There is a companion application to amend the Future Land Use Map categories of the subject property from Residential Suburban (RS) (2.08 acres) to Residential Low (RL) (0.81 acres) and Residential Low Medium (RLM) (1.27 acres) (LUP2014-07002), and to rezone this area from to amend the Zoning Atlas from the Rural Residential (RR) District (Pinellas County) and Open Space/Recreation (OS/R) to Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts (City) (REZ2014-07002); 4. The City and the applicant entered into a Development Agreement in 2005 for a period of 10 years which limited the use of the adjacent site to only the non-residential off-street parking use and included required buffers and other parameters to limit the impact of the use on any surrounding properties, including the subject property (DVA2004-00003); 5. The purpose of this first amendment to the aforementioned Development Agreement is to allow for the expansion of the non-residential off-street parking use onto a Specified Portion of the site (0.81 acres) and to establish buffers around the property consistent with a proposed amended Concept Plan; and 6. The amended Development Agreement will be in effect for ten years. Community Development Board — December 16, 2014 DVA2014-07001 — Page 3 Y C���� !'t �Ll.� Level III Develo ment A reement lication Review PLANNING 8c DEVELOPMENT P 9 APP DEVELOPMENT REVIEW DIVISION � �� �. .. �.,.,. � � Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site improvements under the related site plan proposal (FLD2014-07020); 2. That the Development Agreement complies with the standards and criteria of CDC Section 4-606; and 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning and Development Department recommends the APPROVAL and recommendation to the City Council, of a Development Agreement between La Salle Realty, LLC and the City of Clearwater, for the property at 2222 Lake Shore Drive. i Prepared by Planning and Development Department Staff: e� �. Laur atzke, AICP Long Range Planning Manager ATTACHMENTS: Development Agreement with Exhibits Photographs of Site and Vicinity Resume Community Development Board — December 16, 2014 DVA2014-07001 — Page 4 Resume Lauren Matzke, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 lauren.matzke(�a,mvclearwater.com PROFESSIONAL EXPERIENCE Long Range Planning Manager December 2011 to present Planner III, Long Range Division October 2008 to December 2011 Planner II, Long Range Division September 2008 to October 2008 City of Clearwater, FL Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Responsible for providing informational assistance to the public and developers concerning development plans. Coordinate and manage various projects. Serve as the city's representative on countywide and regional planning agency committees. • Senior Planner February 2007 to September 2008 City of St. Pete Beach, FL Implemented new legislative directives for Florida's growth management laws related to governments' comprehensive planning and land development regulations. Served as staff to the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Responsible for the preparation of special area plans. Environmental Specialist III August 2005 to February 2007 Florida Department of Environmental Protection, Tallahassee, FL Served as primary reviewer of local government comprehensive plan amendments, sectar plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. Drafted policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. EDUCATION Master's Degree in Urban and Regional Planning, Florida State University, 2006 Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell University, 1998 LICENSES AND ASSOCIATION MEMBERSHIPS American Institute of Certified Planners (2009 to Present) American Planning Association (2003 to Present) Florida Chapter (2005 to Present) New York Metro Chapter (2003 to 2005) Retum to: City Attomey's Office City of Clearwater 112 S. Osceola Ave. Clearwater, FL 33756 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT to DEVELOPMENT AGREEMENT ("First Amendment") is dated the day of , 2015 and entered into between LASALLE REALTY, LLC, a Florida limited liability company ("Owner"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City Council, the governing body thereof ("City"). Recitals: A. Owner and City entered into that certain Development Agreement dated February 24, 2005 and recorded at Official Records Book 14168, Page 712 in the public records of Pinellas County ("Agreement") with respect to the Property as defined therein. B. Owner owns an additional 2.08 acres of real property ("Additional Property") located in unincorporated Pinellas County, Florida, more particularly described on Exhibit "A-1" attached hereto and incorporated herein, which is adjacent to the Property. C. Owner or its successor, desire to develop and use only Lots 10 through 14, inclusive of the adjacent vacated right of way ("Specified Portion") of the Additional Property for non-residential parking serving the Owner's adjacent automobile dealership, located in the City limits at 25191 U.S. Highway 19 North, Clearwater, Florida, which development shall generally conform to the concept plan ("Amended Concept Plan"} shown on Exhibit "B-1" attached hereto and incorporated herein. D. The Additional Property currently has a future land use designation of Residential Suburban (RS) and is zoned Rural Residential (RR) in Pinellas County and Open Space/Recreation (OS/R) for the vacated right of way currently incorporated into the City of Clearwater. E. In order to use the Specifed Portion as non-residential parking, Owner has requested that the City (i) annex the unincorporated Additional Property, (ii) rezone the Additional Property LMDR and MDR, as shown on Exhibit C-1 attached hereto and made part hereof; (iii) place a future land use designation of Residential Low (5.0 units/acre) and Residential Low Medium (10 units/acre) on the Additional Property, as shown on Exhibit D-1, attached hereto and made part hereof; and (iv) approve a Flexible Development Application to allow non-residential off-street parking on the Specified Portion in substantial conformance with the Amended Concept Plan shown in Exhibit "B-1". F. The City and Owner have determined that it would be mutually beneficial to enter into this First Amendment to include the restrictions of the Agreement on the Additional Property governing the matters set forth herein. G. The City has found that the terms of, and further development orders associated with, this First Amendment is consistent with the City Comprehensive Plan and the Code. NOW THEREFORE, in consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with sections 1633220-163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act (the "Act"), agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this First Amendment. SECTION 2. Effective Date. This First Amendment shall become effective as provided for by the Act and shall be contingent upon obtaining final approval, and effectiveness of annexation of the Additional Property into the City with a future land use designation of Residential Low and Residential Low Medium as shown on Exhibit D-1 and a zoning designation of Low Medium Density Residential and Medium Density Residential as shown on Exhibit C-1 and Flexible Development Approval to allow non- residential off-street parking as requested on the Specified Portion, consistent with the Amended Concept Plan. SECTION 3. Duration of Agreement. The Agreement, as amended by this First Amendment, shall continue in effect until terminated as provided for in the Agreement, for a period not to exceed ten (10) years from the date this First Amendment is effective. SECTION 4. Obligations of the Owner. Sections 6.1.3 and 6.1.4 shall be deleted in their entirety and replaced with: 6.1.3 Development Restrictions The following restrictions shall apply to development of the Property and Additional Property: 6.1.3.1 The Property and Specified PoRion shall be used solely for non-residential off-street parking. 6.1.3.2 The remaining Additional Property shall be developed substantially in conformance with the Amended Concept Plan. The remaining Additional Property shall only be utilized in a manner consistent with the Medium Density Residential (MDR) zoning designation. 6.13.3 The Owner may develop the Additional Property consistent with minimum standard or flexible standard development for an MDR district, as detailed in the Community Development Code without an amendment to this Agreement. 6.1.3.4 Owner shall maintain 25' landscape buffers around the perimeter of the Property in the areas as shown on the Concept Plan and Amended Concept Plan and a minimum 10' landscape buffer around the Specified Portion, as shown on the Amended Concept Plan. 6.1.3.5 The use of loudspeakers or amplified sound on the Property and Additional Property shall be prohibited. 6.1.3.6 Parking of vehicles associated with the service department on the Property and Additional Property shall be prohibited. 6.13.7 Lighting on the Property and Specified Portion shall be designed and directed in such a manner that light does not intrude beyond the Property and Specified Property. 6.1.4 Recording of Deed Process Prior to issuance of the first building permit for the Property and Additional Property, Owner shall record a deed restriction encumbering the Property and Additional Property, which deed restriction shall be approved as to form by the City Attorney (which approval shall not be unreasonably withheld) and which will generally describe the development limitations of this Agreement and any amendments. The deed restriction shall be perpetual and may be amended or terminated only with the consent of the City, which consent shall not be unreasonably withheld. SECTION 5. Effective Date/Duration. 5.1 This First Amendment shall be effective upon the approval by the Clearwater City Council. 5.2 This First Amendment shall extend the Duration of the Agreement for an additional ten (10) years from the previously approved duration so that the term of the Agreement, as amended, shall be twenty (20) years. 5.2 T'he annexation, future land use and zoning designations, and flexible development approval for off-street parking, as provided for herein (collectively, "Required Approvals"), shall not be effective until final adoption hearings and time periods of appeal, as consistent with Florida law. In the event the Required Approvals are not granted, the Agreement, as amendment, may be terminated by either party, after a public hearing. SECTION 6. Ratification. Except as specifically modifed herein, all terms, conditions and obligations contained in the Development Agreement shall remain in full force and effect and are reaffirmed by the parties hereto. All obligations of the City and Owner included in the Agreement shall be modified to apply to the Additional Property, except the Rezoning and Future Land Use designations shall be consistent with those in this First Amendment, Recital E. SECTION 7. Counterparts. This First Amendment may be executed in counterparts, all of which together shall continue one and the same instrument. IN WITNESS WHEREOF, the parties have hereto executed this First Amendment to be executed the date and year first above written. In the Presence of: WITNESSES: LASALLE REALTY, LLC, a Florida limited liability company By: Print Name: Richard R. Dimmitt Its: Manager Print Name: Print Name: Print Name: As to "City" CITY OF CLEARWATER, FLORIDA : William B. Horne II, City Manager Attest: Rosemarie Call, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Camilo Soto Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me the day of 20_, by Richard R. Dimmitt, as Manager of LASALLE REALTY, LLC, a Florida limited liability company, on behalf of the company. He is [] personally known to me or has [] produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me the day of 20_, by George Cretekos as Mayor of the City of Clearwater, Florida. He is [] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: EXHIBIT "A-1" LEGAL DESCRIPTION Lots 10 through 23, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lying south of and adjacent to Lots 10 through 15, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. 0 T R E E L E G E N D ♦-r.e Q-wc ♦-.wic .. ..,...,.wR y:,... �. o-� a'..�.Q ...�..m s�.e. z-----'---- ;� _< _ �;�;Q � :' :': ,;;> '.V /C.� � i . . : , �� � � a �, � ,a ' ; "i4i ( �� "� ___ _ "_ _ _____ '�_��„�� - � � : ��: � ��� ' � ' : �rF': I i . " ' _ : ?' : z.. : , :.. .: �.. : <:. .. ..... _. E � � �i't i ;; � y s � , ... _.. , � � ,: �; � 41�; "� 4 y . �; } �,^ .. ,. � ,. , � �.,� :; _ . ., :s , � ....__. �(� j : _ _._._._ ,,:i:: . . ' Gul(C �Coo5ull�ng.lOC. N...,� � p usnue Ren�n, uc DIMMITf PARKING EXPANSION ��wn�� �+'�� DEVELOPER'SAGREEMENTEXH]BIT � I�Qi 1 - -- �a°� �i EXHIBIT "C-1" Proposed Zoning of Additional Property Rezonin� to LMDR Lots 10 through 14, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lying south of and adjacent to Lots 10 through 14, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. Rezonin� to MDR Lots 15 through 23, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lying south of and adjacent to Lot 15, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. ZONING EXISTING: PROPOSED 1.27 ACRES RR (COUNTY) & OS/R (CITY) MDR (CITY) F 0 U R T H A V E N U E S 0 U T H a5.00'�(P) 45.00'(P) 50.00'(P) 50.00'(P}�� 45.p0'(P) na.6a(P �� ��. � � I �' � �� . �a . o��. '� � � � �� 18 � r (' � � � ��� 9 � 24 -, 23 � 22 � 21 � 20 � 19 0�--------'=-- � a .o t77.96'(P) °o � CHAUT�4UQUA ON 7F{IE LAKE � °o I� (�1 o U ITN0.3-SE A � a o � �� �. � P�AT BDOK 9. PAGE �46 � . I. I o � ��.��. 1 7 � � � � BLOCK 35 � � �� � (I1 _ � � 235 00'�P) � � � — — — — _ s�.ccw't�� � 4s.a€�'{P) ! saao'{F} sc�.co'(�) a5:oo`{�� -- �zaea'�P) � i �_ � ^ � a rn t' � � � 16 °_ :0 I I � f v �-r1 a ���i !� � . .. i. a 9 o i � i i 1 � ; 2 � t3 � $ 4 $ — — — — i2�.os•tP) _ _ — � � � ���.�. . � � �. �� ��. � . �� � �� . .. � N . . `i f �. � � � � ,... i i � ,. � N � � � o �� � -.. � �": ",: . � < � �'�' � � � �. 0 5 � ��� _� � � ° � ��� � : � } � � �° `. �. : . , � ._ r � — — a5.Q0'(R) a5 (�0'(P} fi 5Q 00� . ��50 EIO (F} � � �45.OQ (PS � �TH RK7tT OF ��r Ur+E . 146.59'(P)_ � m a V VACATFfl Rit"�iT �F�WAY PER QR�INAN:.E. No, 5266-9T � � � ° O.R. �90�C tW44. ?AGE5 65- 70 � ° �. o r°a . ..�. �� SUB.�Cfi ?C EASEVA[NT Rr'� RvaT<iF1 � . . ° . . � �� �: o ' � 235.00'(P) F I F T H A V E N U E S 0 U T H ZONING EXISTING: PROPOSED 0.81 ACRES RR (COUNTY) & OS/R (CITY) LMDR (CITY) 0 30 60 120 � PROJECT NO: DIMMITT PARKING EXPANSION - ZONING EXHIBIT � 4 025 � � �� �� � � Gulf Coast Consulting, Inc. Land Development Consulting DATE: FIGURE: 7/201 4 DRAWN BY: MKC EXHIBIT "D-1" Proposed Land Use of Additional Property Comnrehensive Plan Amendment to RL Lots 10 through 14, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lying south of and adjacent to Lots 10 through 14, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. Comprehensive Plan Amendment to RLM Lots 15 through 23, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lying south of and adjacent to Lot 15, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. 5539247v4 FUTURE LAND USE EXISTING: RS �PROPOSED: RLM 1.27 ACRES F 0 U R T H A V E N U E S 0 U T H 45.OQ'{P} �. 45.60�(P) .� 50.00'(P}...�.�. 50.00'(P) 45.00'(P) 774.64 P � � I �� I ��. � . �a . . . a. I>> I' '' I' I I o � 8 °: r 1 I' I I �I� >�'' n 24 v 23 �,' 22 � 21 � 20 � 19 0{--_--------- � ° 117.96'(P) ° { CHAUT�4UQUA ON Tt�E IAKE � a �� � � °o ' UMIT NQ 3- SECY A ^ o- o ��.. . PLAT BOOK 9, PAGE 146 I �� o . ,� 7 �.. � � BLOCK 35 I � �° � � — — � ( 235.00'�P) � � ( — — — I 120.96'(P) cs " a . :i '��.�,.. �'� ,'� m , . �..., .�,. , . :, ,-��, .� „��.�, .., :,� ���a,`.�, -,�.-.� -, o �. , ,.., ,�.. , , . . . � . �>, „ „ , _ o � . � ;. � , � .,..� -� o n' �GY [.. -. 3 ..�. ..�.. �:.. . �...� � :�� .�...[1 9 O; �(d b , � i, , i t� ,' ; t - � �i, c ..' iL�. '.v r� �y„.� g �� � F« � 5 M O { � �., .,, { �.. � �� � x � � a � c � „" O � `�� �+t � � ¢ � f 4 � d �` r Q �.�?:.: 5�b»�s i� '.. � _ { Y3} ���4 � . . ` � '`- _ , °� �- ..,- .,. �. . , f � _,.�. .,_ �_, C ��� �� �� � } _— <S.oa'(R} L a5.fla'(p} __�__ s�.o� S?1 �._._ s°. o°.5�� � f_._45.��`{aj f}. . � . � . . � . � p . . . . . � � . VAGATEG! RtGFi7. � IMAY PER tM�INANCE Na �5265-9? � � [ "' � . � . � � D�R. BGpK if14t, �AGES &5-7C1 � �:*s �� . � SU9.lECs` TC� EASf.1kfNT�RtSeRVATIDN � � � � 235.00'(P) F I F T H A V E N U E � 0 rn o � = rn � � � � w � N � t5 - — � J o � NORTH RH�1T � �AY tPlE � � RH .--- — — . � `_"\ 746.59'(P}��_ _.—�_� � 2i 0 S 0 U T H FUTURE LAND USE EXISTING: RS PROPOSED: RL 0 30 60 120 0.81 ACRES PROJECT NO: IMMITT PARKING EXPANSION - FUTURE LAND USE EXHIBIT � 4-025 Gulf Coast Consulting, Inc. �. ��' � Land Development Consulting �`' � �=� � _�� `z . :s;+� " {�� DATE: 6/201 4 DRAWN BY: MKC FIGURE: CITY OF CLEARWATER Response to Comments — Lasalle Realty DVA2014-07001 -- 2222 Lake Shore Drive Enpineerinq Review Any comments the Engineering Department has will be provided on the FLD2014-07020 case. *"SEE PAGE 1 ON DOCUMENT. Response: Acknowledged. Planninq Review In Section 5 add "Future" (Future Land Use designations). *�SEE PAGE 10 ON DOCUMENT. Response: Please see the attached revised First Amendment to Development Agreement. Planninq Review Update Exhibit "B-1" to include a concept plan inclusive of the property addressed by the original Development Agreement (include the Property and the Additional Property on one page). Exhibit should still include a close-up of the Additional Property within the overall Exhibit. *"SEE PAGE 17 ON DOCUMENT. Response: Please see the attached revised First Amendment to Development Agreement. Planninq Review On Exhibit "C-1" spell out the Zoning Districts (Low Medium Density Residential (LMDR) and Medium Density Residential (MDR)). Add to LMDR section "(Specified Portion of Additional Property)" after zoning district. Correct abbreviation of "OS/R" District on sketch. *'SEE PAGE 18 ON DOCUMENT. Response: Please see the attached revised First Amendment to Development Agreement. Planning Review On "Exhibit "D-1" spell out future land use classifications (Residential Low (RL) and Residential Low Medium (RLM)). Add to RL section "(Specified Portion of Additional Property)" after future land use classification. ""SEE PAGE 20 ON DOCUMENT. Response: Please see the attached revised First Amendment to Development Agreement. Planninq Review This comment is for informational purposes only. The major conditions have all been satisfied. There are a few places where there are items identified for grammatical revision but there is not anything from a Planning perspective that would hold this from moving forward to CDB. **SEE PAGE 1 ON DOCUMENT. Response: Acknowledged. Planninq Review Capitalize Medium Density Residential ""SEE PAGE 10 ON DOCUMENT. Response: Please see the attached revised First Amendment to Development Agreement. Planninq Review Should read "The annexation, future land use and zoning designations ..." Add future. "*SEE PAGE 11 ON DOCUMENT. Response: Please see the attached revised First Amendment to Development Agreement. Planninq Review Should read as detailed "in the Community Development Code" ""SEE PAGE 11 ON DOCUMENT. Response: Please see the attached revised First Amendment to Development Agreement. Planninq Review Please clarify if this is part of the Development Agreement as a formal exhibit. Doesn't appear to be necessary as part of this application package. '`'`SEE PAGE 22 ON DOCUMENT. Response: The survey was submitted as one of the required exhibits to the Development Agreement application. It was not intended to be part of the First Amendment to Development Agreement. Stormwater Review Any comments the Engineering Department has will be provided on the FLD2014-07020 case. "'`SEE PAGE 1 ON DOCUMENT. Response: Acknowledged. Traffic Review Traffic Engineering Division has no comments on the DVA application, additional comments may be forthcoming upon submittal of a Flexible Development and/or Building Permit Application. ""SEE PAGE 1 ON DOCUMENT. Response: Acknowledged. °: 1 rwat r ���a e U Planning & Development Department General Development Agreement Application IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $1,500 PROPERTY OWNER (PER DEED): La Salle Realty, LLC MAILING ADDRESS: 25191 US Highway 19 North, Clearwater, FL 33763 PHONE NUMBER: See Authorized Agent EMAIL: AGENT OR REPRESENTATIVE: E.D. Armstrong III and Katherine E. Cole, Esq., c/o Hill Ward Henderson, P.A. MAILING ADDRESS: 311 Park Place Blvd., Suite 240, Clearwater, FL 33759-4904 PHONE NUMBER: (727) 724-3900 EMAIL: ed.armstrong@hwhlaw.com and katie.cole@hwhlaw.com ADDRESS OF SUBJECT PROPERTY: 2222 Lake Shore Drive, Clearwater, FL 33759 PARCEL NUMBER(S): 32/28/16/14940/035/0100 LEGAL DESCRIPTION: See attached Exhibit A PROPOSED USE(S): Non-residential parking fot DESCRIPTION OF REQUEST: Specifically identify the request (indude all requested code flexibility; e.g., reduction in required number of parking spoces, height, setbacks, lot size, lot width, specific use, etc.J: See attached Exhibit B Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 5 06/13 � °: �learwater Planning & Development Department General Development Agreement Application � Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: FUTURE LAND USE PLAN DESIGNATION EXISTING USE (currently existing on site): Existing: RR & OS/R; Proposed: LMDR & MDR (see DA for locational information) Existing: RS; Proposed: RL & RLM (see DA for locational information) Vacant/Garage PROPOSED USE (new use, if any; plus existing, ifto remain): Off-street non-residential parking lot including 65 spaces SITE AREA: +/-g0,766 sq. ft. GRO55 FLOOR AREA (total square footage of all buildings): Existing: 2,769 sq. ft. Proposed: N�A sq. ft. Maximum Allowable: 36,306.4 - 45,383 sq, ft. +/-2.084 acres GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses): First use: N/A sq. ft. Second use: N�A sq. ft. Third use: N/A sq. ft. FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site): Existing: 0.03 Proposed: N/A Maximum Allowable: 0.40-0.50 BUILDING COVERAGE/FOOTPRINT (1�` floor square footage of all buildings): Existing: 2,769 sq. ft. ( 3 % of site) Proposed: N!A sq. ft. ( % of site) Maximum Permitted: N�A sq. ft. ( %ofsite) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: N/A sq. ft. ( N�A % of site) Proposed: 1,531 sq.ft. ( 10.67 %ofsite) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: 3 spaces/8,518 sq. ft. ( 9�38 Proposed: 65 spaces/14,338 sq. ft. ( 16 % of site) % of site) Planning 8, Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 5 06/13 IMPEfiViC1l15 SLJRFACE RA7'1C! (total square foatage of impervious areas divided by the tota€ square fiooiage of en#ire site}; Existing: 0.13 Propased: 0.16 Maximum Permitted; 0.65-�.75 DENS[TY (units, roams or beds per acre)� Existing: V�cant/Garage Propased: NIA Maxirt�um Perr�itted: �-10 d.u, p��r acre BtltL[3#NG MElGHT: Existing: ltacantfOne Sftrry Garage Proposed: NfA Maximum Permitied: 30 #eet OFF-STREET PARKING: Existing: � sp���� Ncrte: A parking derriand study must be prQVided in con�unction with a�y request Proposed: 65 spaces to r�educe the csmaunt o}` requrred aff-s[reet parking spaces, Please see the NlinimumRequired; NIA �dopLedPr�rkrngD�rr�QndStudyGuidelinesforfurtherinformation. WFfAT IS THE ESTtMATED TOTAI. VALUE OF THE PttOtECT UPON GQMPLETlON�' $���+a���a� it7NiNC DiSTRtCi5 F{7R ALL ADJACENT PRt7FERTY: �Jorth: RR {CountY} South: (�SIR East: 05fR wesr: LMD�i STATE QF Fk(iRiDA, CQtiN�Y f5F PI1�ELl.RS a�,���� 1, the undersigned, aeknowledge that all Sworn tc� and subscrib�ed b�fore m� this �;.� day of represe�tations� made in this applicatii�� are t€ue and �i[,��`��,� �a�F#�- 2Qi4� , to me and�ar by accurate to the best of my knowledge a�ci authorize Gity representatives Co visit and phntngraph the K�therine E. Cole, Esq. who is personally!<nown has property described in this applicataon. --- _ � pr4dueed as identific�ifarr, Sign�ture of �roper#y owner or representatiue Kat�erine E. Goie, Aufhorized Agent v����, ,��_ � � ip �� tVc�tar� pu� A�, My cammissian expires: Bonded Thrv Nofary Pu61w t}ndenvrilacs Planning &-Qevelopment Repartment, 1�4 S. Mtyrtle Aventte; Clearwat6r, FL 33756, 7e1: 727-682-4567; Fax: T27-562-d8G5 Page 3 of 5 06/13 o j' + Planning & Development Department � t�����at�er General Develo ment A reement A lication P g pp � Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED DEVELOPMENT AGREEMENT APPLICATION, ALL DEVELOPMENT AGREEMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATiON AND/OR PLANS: � A proposed development agreement which shall contain, at a minimum, the following information: � A legal description of the land subject to the development agreement. � The names of all persons having legal or equitable ownership of the land. � The duration of the development agreement, which shall not exceed twenty (20) years. � The development uses proposed for the land, including population densities, building intensities and building height. � A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115% of the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and services required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed prior to the issuance of any certificate of occupancy. � A description of any reservation or dedication of land for public purposes. � A description of all local development approvals approved or needed to be approved for the development. � A finding that the development proposal is consistent with the Comprehensive Plan and the Community Development Code. Additionally, a finding that the requirements for concurrency as set forth in Article 4, Division 10, Community Development Code, have been satisfied. � A description of any conditions, terms, restrictions or other requirements determined to be necessary by the City Council for the public health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the City. � A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. � The development agreement may provide, in the discretion of the City Council, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline. � A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement. � All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement. � A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage, location of all current structures/improvements, location of all public and private easements including official records book and page numbers and street right(s)-of-way within and adjacent to the site. � The site plan, landscape plan, architectural elevations, and floor plans (as applicable) that are associated with the corresponding Minimum Standard Development, Flexible Standard Development or Flexible Development application approval attached as exhibits to the Development Agreement. Planning & Development Department, 100 S. Myrtie Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 5 06/13 o Plauning & Ae�velopment Department � Cl�ar�at�� Ge�eral Devel en� A ticati opment Agreem pp on U Aff�dav�t to Authorize Agen�/Representative 1. Pravide names af alf property owners an deed -- PRINT fu►I names: La 8alle Realiy, LLC 2. That (I am/we are} the owner{sj and re�ord tiYle halder(s) of @he following described property: Parcel Number 32l28116/149401p351DiD0 3. That this property constitutes the pruperty for which a request for {describe reguest) : [3evefoprnent Agreement 4. That the unctersigned (has�ha�ej appointed and {does/doj appoinf: E.D. Armstrang III and Katherine �. Cale, Esq. as (his/their) agentjsj ta execute any petit9ons or other dacuments necessary to affecC such petition; 5. That this affidavit has heen executed to induce the City of Cfearwater, F(orida td cvnsirJer and act on the abave described property; 6. ThaY sste visi#s to the property are necessary hy City representati�es in order ta process Yhis applica#ion and the owner authorizes Cliy representatives to visit and phatograph Ch2 property descrihad in this applieation; 7. That (I/ ), the ndersigned authority, hereby �ertify that the foregoing is irue and correct. La Salle. ealty, y Owner Property Owner By: Rictiard R. Dimmitt, Manager Property Owner Praperty Owner STATE OF FLQRIDA, COiF1VTY OF PI�iELLA5 BEFORE ME TNE 133JD�RSfGNEd,. AN �FFICER pULY COMMISSI�NED BY THE LAWS QF TH� STATE UF FLORIQA, ON THIS �� pAY p� �1 k-.� v , � p I� , PERSQNALLY APPEARED Richard R. Dimmitt, as M3anager of L2� Salle Realty, LLC WHa HAVfNG BEEN �iRST DULY SWORN DEPOSEO A3�1D SAYS 3HATIHQISHE FULLY U{�fRERS'CANDS THE CDhITEIUTS QF THE AFFIQAVI7 iHA7 HE! HE SIGNED. �J �aj�:.;;'�, GYQRGnCASSI�Y �AY CDAIMiSSION # FF 069810 '� �e* EXPiRES: Oc#a6er i6, P017 0 - �j9�OffLd� 8ondedTAruBudgetN012ry5efvices ota ublic Signature Notary SeatlStarnp My Gommission Expires: �° I� 6 `r � _ Ptanntng & De�elopment i7epartment, 1fl0 S. N[yrtFe A�9nue, Clearwater, FL 33756, Tel: 727-562-4587; Fax: 727-562-4865 Page 5 of 5 46J13 Exhibit A Lots 10 through 23, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lying south of and adjacent to Lots 10 through 15, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. �562470v1 Exhibit B to Development Agreement Application The Applicant requests approval of an amendment to an existing Development Agreement to include approximately 2.084 acres of land located adjacent and to the east of Dimmitt auto dealership (the "Subject Property") located in the City of Clearwater, Florida (the "City"). The Amendment to the Development Agreement is part of a request for annexation, rezoning, comprehensive plan amendment, and flexible development of the Subject Property in the City for expansion of non-residential off-street parking for the dealership. The Subject Property is currently designated RS on unincorporated Pinellas County's Future Land Use Map, and is proposed to be amended as follows: RL future land use in the City for Lots way ("Lots 10-14") ; and RLM future land use in the City for Lots way to the south of Lot 15 ("Lots l 5-23"; 10 through 14 and the adjacent vacated right of 15 through 23, and the adjacent vacated right of The Proposed amendment to the Developme�lt Agreement includes the same restrictions on the Subject Property as was previously agreed to by the property owner for the balance of the Property. These restrictions include a 25 foot buffer along the southern property boundary and generous setbacks from residential and preservation uses, and limits on noise and light. The Applicant will also record a deed restriction consistent with the original Agreement, limiting the use on the Subject Property. 5907662v1 Retum to: City Attorney's Office Ciry of Clearwater 112 S. Osceola Ave. Clearwater, FL 33756 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT to DEVELOPMENT AGREEMENT ("First Amendment") is dated the day of , 2015 and entered into between LASALLE REALTY, LLC, a Florida limited liability company ("Owner"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City Council, the governing body thereof ("City"). Recitals: A. Owner and City entered into that certain Development Agreement dated February 24, 2005 and recorded at Official Records Book 14168, Page 7l2 in the public records of Pinellas County ("Agreement") with respect to the Property as defined therein. B. Owner owns an additional 2.08 acres of real property ("Additional Property") located in unincorporated Pinellas County, Florida, more particularly described on Exhibit "A-1" attached hereto and incorporated herein, which is adjacent to the Property. C. Owner or its successor, desire to develop and use only Lots 10 through 14, inclusive of the adjacent vacated right of way ("Specified Portion") of the Additional Property for non-residential parking serving the Owner's adjacent automobile dealership, located in the City limits at 25191 U.S. Highway 19 North, Clearwater, Florida, which development shall generally conform to the concept plan ("Amended Concept Plan") shown on Exhibit `B-1" attached hereto and incorporated herein. D. The Additional Property currently has a future land use designation of Residential Suburban (RS) and is zoned Rural Residential (RR) in Pinellas County and Open Space/Recreation (OS/R) for the vacated right of way currently incorporated into the City of Clearwater. E. In order to use the Specified Portion as non-residential parking, Owner has requested that the City (i) annex the unincorporated Additional Property, (ii) rezone the Additional Property LMDR and MDR, as shown on Exhibit G 1 attached hereto and made part hereof; (iii) place a future land use designation of Residential Low (5.0 units/acre) and Residential Low Medium (10 units/acre) on the Additional Property, as shown on Exhibit D-1, attached hereto and made part hereof; and (iv) approve a Flexible Development Application to allow non-residential off-street parking on the Specified Portion in substantial conformance with the Amended Concept Plan shown in Exhibit "B-1". F. The City and Owner have determined that it would be mutually beneficial to enter into this First Amendment to include the restrictions of the Agreement on the Additional Property governing the matters set forth herein. G. The City has found that the terms of, and further development orders associated with, this First Amendment is consistent with the City Comprehensive Plan and the Code. NOW THEREFORE, in consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with sections 163.3220-163.3243, Florida Statutes, which set forth the Florida Local Government Development Ageement Act (the "Act"), agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this First Amendment. SECTION 2. Effective Date. This First Amendment shall become effective as provided for by the Act and shall be contingent upon obtaining final approval, and effectiveness of annexation of the Additional Property into the City with a future land use designation of Residential Low and Residential Low Medium as shown on Exhibit D-1 and a zoning designation of Low Medium Density Residential and Medium Density Residential as shown on Exhibit G1 and Flexible Development Approval to allow non- residential off-street parking as requested on the Specified Portion, consistent with the Amended Concept Plan. SECTION 3. Duration of A�?reement. The Agreement, as amended by this First Amendment, shall continue in effect until terminated as provided for in the Agreement, for a period not to exceed ten (10) years from the date this First Amendment is effective. SECTION 4. Obligations of the Owner. Sections 6.1.3 and 6.1.4 shall be deleted in their entirety and replaced with: 6.1.3 Development Restrictions The following restrictions shall apply to development of the Property and Additional Property: 6.13.1 The Property and Specified Portion shall be used solely for non-residential off-street parking. 6.1.3.2 The remaining Additional Property shall be developed substantially in conformance with the Amended Concept Plan. The remaining Additional Property shall only be utilized in a manner consistent with the Medium Density Residential (MDR) zoning designation. 6.1.3.3 The Owner may develop the Additional Property consistent with minimum standard or flexible standard development for an MDR district, as detailed in the Community Development Code without an amendment to this Agreement. 6.1.3.4 Owner shall maintain 25' landscape buffers around the perimeter of the Property in the areas as shown on the Concept Plan and Amended Concept Plan and a minimum 10' landscape buffer around the Specified Portion, as shown on the Amended Concept Plan. 6.1.3.5 The use of loudspeakers or amplified sound on the Property and Additional Property shall be prohibited. 6.1.3.6 Parking of vehicles associated with the service department on the Property and Additional Property shall be prohibited. 6.1.3.7 Lighting on the Property and Specified Portion shall be designed and directed in such a manner that light does not intrude beyond the Property and Specified Property. 6.1.4 Recordin�? of Deed Process Prior to issuance of the first building permit for the Property and Additional Property, Owner shall record a deed restriction encumbering the Property and Additional Property, which deed restriction shall be approved as to form by the City Attorney (which approval shall not be unreasonably withheld) and which will generally describe the development limitations of this Agreement and any amendments. The deed restriction shall be perpetual and may be amended or terminated only with the consent of the City, which consent shall not be unreasonably withheld. SECTION 5. Effective Date/Duration. 5.1 This First Amendment shall be effective upon the approval by the Clearwater City Council. 5.2 This First Amendment shall extend the Duration of the Agreement for an additional ten (10) years from the previously approved duration so that the term of the Agreement, as amended, shall be twenty (20) years. 5.2 The annexation, future land use and zoning designations, and flexible development approval for off-street parking, as provided for herein (collectively, "Required Approvals"), shall not be effective until final adoption hearings and time periods of appeal, as consistent with Florida law. In the event the Required Approvals are not granted, the Agreement, as amendment, may be terminated by either party, after a public hearing. SECTION 6. Ratification. Except as specifically modified herein, all terms, conditions and obligations contained in the Development Agreement shall remain in full force and effect and are reaffirmed by the parties hereto. All obligations of the City and Owner included in the Agreement shall be modified to apply to the Additional Property, except the Rezoning and Future Land Use designations shall be consistent with those in this First Amendment, Recital E. SECTION 7. Counterparts. This First Amendment may be executed in counterparts, all of which together shall continue one and the same instrument. IN WITNESS WHEREOF, the parties have hereto executed this First Amendment to be executed the date and year first above written. In the Presence of: WITNESSES: LASALLE REALTY LLC a Florida Print Name: Print Name: Print Name: Print Name: As to "City" , , limited liability company By: Richard R. Dimmitt Its: Manager CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Rosemarie Call, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Camilo Soto Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me the day of 20 , by Richard R. Dimmitt, as Manager of LASALLE REALTY, LLC, a Florida limited liability company, on behalf of the company. He is [] personally known to me or has [] produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me the day of 20 , by George Cretekos as Mayor of the City of Clearwater, Florida. He is [] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: EXHIBIT "A-1" LEGAL DESCRIPTION Lots 10 through 23, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lying south of and adjacent to Lots 10 through 15, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. i I d I � I � ! � I �' D �, '. �, , �, '�. �. '. �. �. . xo s .. �, . . . �. . . � u.E.�s..�a».�..K.m.eew«..�K..o<....o.NO..o�.o�o.ME e ...`�-�����1�. 0 .__. _ .. .. .. �. . �. ; .., . . . 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I � �I I ' . m � : i . ' � , , — —, --- — I,— —'-------- -- — — - --- -- -- -- I� ----- — -- - —.. . , � I � ��. . �� . � � �� , - , �� - „ � � C � + ' � ' _ __ __ _.v_— — _ __ ; � _ � — -^—` ----- � I �� �� �'� �` ���r � �PROPOSED �� ��' � � � � - _ � _ ' ' � V .. _ �I , I , ���I ' PARK9NG t ; � � K . I�.,a.` °� ` V �'�. �� � , �� � � , ; '� � � / r ����fXPANSION ; ��.. 3 '� � � - �-- EXISTING DIMMITT PARKING AREA � / ° - .- � , � � ' , , � , :: _ _ � � I; � ��� � , �� � . � � � - - ' �:.. � ,� ' � � ' � - -- ---- Moa - ' � - - �Xl ' . _ , II . .. . . �' '- , t �� ---• - `. � � -. . . . � . � : _ i �. � I � . � ' �, � �i �MOa , ._. �. . � �i � .. . ...� , � � � . '� �: � . , . �� � f � � _ ��. .. `, . �, � - �� . .. ; . _ ��'� ._ .. . �. . � � � '� � . - � � ' �u - I �. I . � . . . � ' .... � �. -� � � � .. . . � � . . ... � � � � �% Moa � � . � -,. �� � v ,.-. I_ . .. ,I � . � ;- � � '� .�� �I .� � �. � . � ,. . � t:-� ` � o. x „ I , � � t � , a� �..� ., � � , . — :.. �._ ... . I,� � .i_!_� —�_ ---._��.� .. - �� � � � � ��� ; � _. - - _ - . � � : . 3 . '..��. �' . - L .L. . L_ .. .. � .. � � ' ' � '_ __"_—` _ _ _' _—... . . . ... .. . ..._ _. _. _ . ."_ '_"- --�+— " _ . ,, _— .. . e, ,. — —;�,� —.._ — .. ..— �� d..,_... " . .; ,�.:�� � �� . . —_ _-- _._ � , .�-., � i �` . �i ;44:E '. -� .,,. \ s. . ___— ._.... .__.. ___ .___ ,.,. � � , . __— .. ...._.._ . � ______ _—__ _—_ � — _ _— _' _ _"— ___—__ ��. . . .. ___ •ft , ���. . r�/.,:.. �� w..IfC <��,C„n I`��k.I��,��... �' LASAL�E REALTY,LLC 25181 US IiGHWqY 18 N (:earweter, Fbrqa 33]83 DIMMITT PARKING EXPANSION DEVELOPER'S AGREEMENT EXHIBIT ., N w �j [ � NOTETOLONTRACTOftS: I ll � EXHIBIT "C-1" Proposed Zoning of Additional Property Rezonin� to LMDR Lots 10 through 14, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lying south of and adjacent to Lots 10 through 14, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. Rezonin� to MDR Lots 15 through 23, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lyi�lg south of and adjacent to Lot 15, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. Exhibit C-1 ZONING EXISTING: RR (COUNTY) & OS/R (CITY) PROPOSED: MDR (CITY) 1.27 ACRES __ _ __ _ __ __ _ _ _ _ _ ___ F 0 U R T H A V E N U E S 0 U T H ... 45A0�(P)� 45.00'(P) 50.00'(P) 50.00'(P) 45.00'(P) 714,64'(P) � I I � la o � � � � �� 18 � r � � ( � ��� � � 24 a 23 � 22 � 21 � 2� � 19 0�--------- � o 1t7.96'(P) °o I CHAUT�4UQUA ON Tf{IE LAKE I °oI� m o I U�IT N0. 3- SE� A I � I a o P AT BOOK 9, PAGE 46 0 � 7 � I I BLOCK 35 I I I� ° U, _ I I :�.:�� oo'(Pi � � — — — — _ 4500(�� �: a;-oo'���} ��� �a000'{P� �. sQ.00'f?) �as_oo'(P) , izo.ee'(P) I I i � O �< I � � a o 0 16 , � 0 �' � � ' ' � ' ° � r� �. " �;; � � � a;. 9 � 1C} € "k'# 1� 1� �4 �� — — — — � ,, F - . ��. E : .. . � ��. '. � . . , �, — _ — 12 7.06'i P ) � Q- � �_ .. . � .. ' �: ' � ., _ � ' '"; a ��`,+ � O �: :�'� �. [ =�'�. . � ; '. � ;t , o . :. _ o �' E � i � 15 =� C ° � ��� � � ' � � NORTH RIGHi OP WAY LINE � _ _ aS.flD'(F) � 45.00'(P} . 6000'(P) � j� 5000'{I�} .�� � _45.Q0'(P} � _ -\ 146.59'(P)_ . n� . .. . .� f `" VACATED RIGHT � WAY PER ORp)NANCE No. 5266-92 �o; ° C.R_ 800x fOnt, PACES 65-7D� � , SUBJECT TO EaS��tEN? RG56RVA7ipN °�� �, 'i� 235.00'(P) F I F T H A V E N U E S 0 U T H � ZONING EXISTING: RR (COUNTY) & OS/R (CITY) PROPOSED: LMDR (CITY) 0 30 60 1 20 0.81 ACRES PROJECT NO: DIlVIMIrI'T PARKING EXPANSI01lT — ZONING EXHIBIT 14-025 �� GUlf CO2St C011SU1t111g, IT1C. �aTE: F�c�RE�. ��� �' Land Development Consulting 7�201 4 � ��°� �.� ��,, � - DRAWN BY: � ' �� MKC �� � . �.� EXHIBIT "D- l " Proposed Land Use of Additional Property Comprehensive Plan Amendment to RL Lots 10 through 14, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lying south of and adjacent to Lots 10 through 14, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. Comprehensive Plan Amendment to RLM Lots ] 5 through 23, inclusive, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of way, vacated per O.R. Book 8041, Pages 65-70) lying south of and adjacent to Lot 15, Block 35, Unit #3, Section "A", of CHAUTAUQUA ON THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of Pinellas County, Florida. 5539247v4 �Exhibit "D-1" � FUTURE LAND USE EXISTING: RS PROPOSED: RLM � 1.27 ACRES F 0 U R T H A V E N U E S 0 U T H as oo'(P) as.00'(P) so oo��P� so oo'(P) as.00'(P) 714.64'(P) � I � I la o 1 I I I I� 18 � r I I I ( �I° � � 24 a 23 � 22 � 21 � 20 � 19 0�--------- � o ii7.96'(P) °o � CHAUT�,UQUA ON TF{IE LAKE � °o (� f� °o U IT N0. 3- SErT A ' a o � I P�qT BOOK 9, PAGE a46 � � 0 17 ,o I I BLOCK 35 I I I� � � � � 235 00'(P) � � � — — — — — — — — — — — — _ ��oa'(a) as.QO'{�+) so.a4'(P}_ 5o.t�'(a} , a�.00'{��. _ �zoee'(P) � � � �; ��, � � ;,, --. �[ � �E �}�� �� �� � f� o � 6 � �1 0 , [ ��. = [ �� - 1 - � `O v p �� . c% � . � { . � � ' � ��� � 9 � �� �, � � F � � . .�:. I ` � � _ � �'�' �°p� — — — — 127.06'(P) — — — � d � � � � � � � � � [ [ 'a a O { ���. F � � , .,, . � �N — ° ('' , � , � ' � , : ° � 5 _' C � � f , � ( ' NORTH RIGHT OF BAY LINi� , � —-- a5 aa'(a� � 45 oo'i?) I so oo'�P} � so oo'(uj��� (�a5 00'(�} ——�—�as s9'(P)_ a � ' � - VACATEO R16HT UF WAY PEft ORpiNRNCE No, S2E5-92 = � °� � O.R. E?OOK 8041., PA e< 05-76 ° � ;.- SUBJECT i0 EASEMrNT Rr.GERa'a7i0h � � 235.00'(P) __ F I F T H _A V E N U E S 0 U_T H� __ FUTURE LAND USE EXISTING: RS PROPOSED: RL 0 30 60 120 0.81 ACRES PROJECT NO: DIMIVIITT PARKING EXPANSION - FUTURE LAND USE EXHIBIT � 4-025 DA'I'E: FIGURE: _ Gulf Coast Consulting, Inc. � i Land Development Consulting 6�201 4 � , � �� � �� .�'�'�� �anwN �Y: ` � -�-�� M K C � `� k�� / S Y M E 0 L � E G E N D - ...r. ' . _�c x.. W L._���94 �L'7 . � - 2 .. , �. p .�., � �cu o ,��E. � ^�-- . x. : .. R.cm.. �j, e. <,� .. _ . _.. e�C: �� . 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