DVA2014-06001A� � ��.r1������
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MEETING DATE:
AGENDA ITEM:
CASE:
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
July 7, 2015
E.1.
DVA2014-06001 A
Review of, and recommendation to the City Council, of the first amended and restated
Development Agreement between PV-Pelican Walk LLC (the property owner) and the
City of Clearwater to increase the number of parking spaces from 642 to 702 for the
property located at 483 Mandalay Avenue.
Brian J. Aungst, Jr., Esq.
PV-Pelican Walk, LLC ("Paradise")
483 Mandalay Avenue; west side of Poinsettia Avenue, approximately 65 feet
south of Baymont Street.
1.68 acres
Resort Facilities High (RFH)
Tourist (T) District
Beach by Design (Retail/Restaurant District)
Tourist (T) District
Tourist (T) District
Tourist (T) District
Tourist (T) District
Surface parking lot, retail sales and services, and restaurants
Parking garage, retail sales and services, and restaurants
} Clearwater Level III Development Agreement Application Review
u as �,as�.�:
ANALYSIS:
Site Location and Existing Conditions:
The 1.68-acre subject property is located on the
west side of Poinsettia Avenue approximately
65 feet south of Baymont Street with 350 feet
of frontage along Poinsettia Avenue. The
property also has approximately 300 linear feet
of frontage on Mandalay Avenue. The property
is zoned Tourist (T) District and is located
within the Restaurant/Reta.il District of Beach
by Design. This district encompasses the area
bounded by Memorial Causeway, Mandalay
Avenue, Baymont Street and Poinsettia
Avenue.
The development proposal consists of two
parcels of land which have an overall acreage
of 1.68 acres. The western parcel is 0.74 acres
and consists of the two-story Pelican Walk
shopping center, which has 39,580 square feet
of commercial floor area. The eastern parcel is
0.94 acres and consists of a surface parking lot
that supports the shopping center.
The immediate area is characterized by a
variety of uses including restaurants, retail
sales and services, overnight accommodations,
and attached dwellings.
The subject parcel is used as a surface parking
lot for the Pelican Walk shopping center. It has
94 parking spaces. The property also has
loading zones and solid waste enclosures that
support the various uses within the shopping
center.
Code Compliance Analysis:
There are no active Code Compliance cases for
the subject property.
Development Proposal:
This amended development agreement does not
include any changes to the approved setbacks,
height of building, lot area and width, site
layout, Poinsettia Avenue fa�ade or landscape
plan (FLD2014-05013).
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PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
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LOCATION MAP
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Community Development Board — July 7, 2015
DVA2014-06001A — Page 1
ZONING MAP
483
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� l�l�[il �ll�l Level III Develo ment A reement A lication Review FLANNING & DEVELOPMENT
P 9 PP DEVELOPMENT REV�W DIVISION
There has been no substantial change to the building design. The reengineering of the interior of
the garage eliminated the cantilever design to accommodate an additiona160 spaces. The interior
columns that would have supported the cantilever design were moved to the outside wall of the
parking garage. This modification resulted in this addition of support columns on the ground
floor level on the where the parking garage and existing Pelican Walk shopping center connect.
The form of the building has remained the same. This modification to the interior of the garage
increases the number of parking spaces from 642 to 702 off-street parking spaces.
Development Agreement:
The First Amended and Restated Development Agreement would completely replace and
supersede the Development Agreement dated August 26, 2014. The City will still purchase 450
parking spaces with an option to buy some of the added 60 off-street parking spaces. The
substantive changes to the original Development Agreement are as follows:
1. The number of parking spaces contained in the garage is increasing from 642 to 702.
This does not result in any substantial change to the approved design of the building or
site plan;
2. Amends the Commencement Date from September 1, 2015 in Section 1.01(6) to an
uncertain month in 2015. It is the intent of the Developer to commence construction as
early as August 2015;
3. Amends Section 2.03(2) Scope of Project from the condominium units in the original
Development Agreement being designated as Unit 1(existing Pelican Walk Plaza retail);
Unit 2(new approximately 11,000 square feet of retail fronting Poinsettia St.); Unit 3
(Developer's first 89 parking spaces starting on the ground floor); Unit 4(the City's 450
spaces); and Unit 5(the top floor consisting of 103 Developer owned spaces); to Section
2.03(2) Scope of Project which refers to the configuration of the condominium units as
follows: RU-1 (existing Pelican Walk Plaza retail); RU-2 (approximately 12,000 square
feet of retail fronting Poinsettia Ave.); PU-G (28 developer owned spaces on the ground
floor); PU-1 (114 developer owned spaces on the first and second floors); PU-2 (the
City's 450 spaces starting on the second floor); and PU-3 (110 spaces owned by the
Developer on the top floor). This change reflects the additional 60 spaces and also is
consistent with the terminology used in the condominium documents which are being
drafted contemporaneously with the consideration of the First Amended and Restated
Development Agreement;
4. Amends Section 2.03(2) Scope of Project to clarify that the Developer's parking spaces
may be apportioned as leased parking, hourly parking, or both as the Council agenda item
approving the original Development Agreement stated.
5. Amends Section 2.03(3) to add a conceptual parking management plan as Exhibit "H" to
the Development Agreement. The conceptual parking management plan is intended to be
a guide for the parties in negotiating a mutually agreeable parking management plan for
the entire garage as a condition of the City closing on its purchase of PU-2;
Community Development Board — July 7, 2015
DVA2014-06001A — Page 2
° Clearwater Level III Develo ment A reement A lication Review PLANNING & DEVELOPMENT
P 9 Pp DEVELOPMENT REVIEW DIVISION
U . . . �.. W *�t$�'-`< . .
6. Amends Section 6.01, Acquisition of Condominium Unit Four to Section 6.01
Acquisition of PU-2, to give the City an option to purchase up to 60 of the additional
spaces being added to the garage at the same per space purchase price that it is
purchasing PU-2. This option expires on September 4, 2015. The City's original option
to purchase additional spaces expired in August 2014;
7. Section 6.04, Public Parking Reconciliation which detailed the City's obligation to pay
the Developer for operating PU-2 prior to closing in the event PU-2 does not generate
sufficient revenue has been removed from the document; and
8. Section 10.01(5) is added to provide that the City will not require RU-2 to have any
additional parking so long as it maintains 100% retail and/or restaurant use in Article 10.
Representations, Warranties and Covenants of the City.
The Community Development Board unanimously approved the site plan and building design on
July 15, 2014 (FLD2014-05013).
The Community Development Board (CDB) has been provided with the most recent
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of June 4, 2015, 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:
1. The overall site is 1.68 acres located on the west side of Poinsettia Avenue approximately 65
feet south of the Baymont Street and Poinsettia Avenue intersection;
2. That the subject property is located in the Retail/Restaurant District of Beach by Design;
3. Commercial uses, including retail sales and services, restaurants and overnight
accommodations, dominate this tourist area along the east and west sides of Mandalay
Avenue, from Baymont Street in the north to the Memorial Causeway to the south;
4. That there are no changes to the approved site plan and building design;
5. The proposal increases the number of approved off-street parking spaces from 642 to 702
off-street parking spaces; and
6. There are no active Code Compliance cases for the subject property.
Community Development Board — July 7, 2015
DVA2014-06001A — Page 3
� Cll��l �[411.1 Level III Develo ment A reement A lication Review PLANNING & DEVELOPMENT
p 9 pp DEVELOPMENT REVIEW DIVISION
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Conclusions of Law:
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the First Amended and Restated Development Agreement implements and formalizes
the requirements for the construction of on-site and off-site improvements under the related
site plan proposal (FLD2014-05013);
2. That the First Amended and Restated Development Agreement complies with the standards
and criteria of CDC Section 4-606; and
3. That the First Amended and Restated 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 the first amended and restated
Development Agreement between PV-Pelican Walk LLC (the property owner) and the City of
Clearwater that increases the number of parking spaces from 642 spaces to 702 off-street parking
spaces, for the property at 483 Mandalay Avenue.
Prepared by Planning and Development Department Staff
Kevi . Nurnberger, Planner III
ATTACHMENTS: Photographs
Community Development Board — July 7, 2015
DVA2014-06001 A — Page 4
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Looking north from south side of subject property. Looking north from south property line.
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Looking east at Pelican Walk Shopping Centcr from
west side of Mandalay Ave.
Looking east at Pelican Walk Shopping center Yorm west
side of Mandalay Ave.
483 Mandalay Avenue
DVA2014-06001A
Kevin W. Nurnberger
100 S Myrtle Avenue
Clearwater, FL 33756
727-562-4567ext2502
kevin.nurnber e�r(c�m_yclearwater.com
PROFESSIONAL EXPERIENCE
Planner III March 2011 to present
Planner II October 2010 to March 2011
City of Clearwater, Clearwater, Florida
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports, and making presentations to various City Boards and Committees.
Planner
Counry of York, Yorktown, Virginia 2007 to 2009
Reviewed residential, commercial and mixed use development site plans to ensure compliance with
planning, zoning, subdivision, historic preservation, and environmental standards as well as design
criteria, specifications, regulations, codes and ordinances. Led pre-application meetings with residents,
neighborhood organizations, contractors, and developers regarding future projects which included state
and local government agencies.
Site Assistant
Gahan and Long Ltd, Belfast, Northern Ireland 2006 to 2007
Enforced Article 3 of the Planning Order (NI) with land owners, developers and district councils on
procedures relating to archaeological and built heritage remains on proposed development sites. On site
assistant to project manager during the archeological process throughout the pre-development stage.
Development Planner
Versar Inc, Fort Story/Fort Eustis, Virginia 2005 to 2006
Developed survey strategies for the Cultural Resource Manager by reviewing local and state planning
documents, the Secretary of the Interior's Standards for Preservation Planning on Federal installations,
the Virginia Department of Historic Resources, the Virginia Department of Transportation plan, and
Virginia Power's public utility plan in the predevelopment stages of new development and building
expansion projects to ensure protection of historic properties.
City Planner
Ciry Planning Commission, New Orleans, Louisiana 2000 to 2005
Primary subdivision planner assisting applicants throughout the subdivision process in accordance with
the zoning and subdivision regulations of the City of New Orleans. Reviewed various zoning and
conditional use applications. Prepared and presented staff reports to the City Planning Commission and
Board of Zoning Adjustments.
EDUCATION
University of New Orleans, LA
MA Urban and Regional Planning (2004)
State University of New York at Buffalo, NY
BA Anthropology (1999)
0
° � earwater
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Planning & Development Department
General Development Agreement Application
IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATfON. ANY MISLEADING, DECEPTIVE,
INCOMPLETE OR INCORRECT INFORMATION MAY INVAIIDATE 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 COLLATfD, STAPLED AND FOLDED INTO SETS.
THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE
COMMUNITY DEVELOPMENT CODE.
APPL�CATION FEE:
$1,500
PROPERTYOWNER(PERDEEO): PV-Pelican Walk, LLC
MAILINGADDRESS: 2901 Rigsby Lane, Safety Harbor, FL 34695
PHONENUMBER: 72�-�26-1115
EMAII: clogan@paradiseventuresinc.com
AGENT OR REPRESENTATIVE:
MAILING ADDRESS:
PHONE NUMBER:
EMAIL:
ADDRESS OF SUBJECT PROPERTY:
PARCEL NUMBER(S):
LEGAL OESCRIPTION:
Brian J. Aun
625 Court St
727-444-1403
st, Jr. Esq.
Suite 200, Clearwater FL
bja@macfar.com
SW Corner of Poinsettia Ave and Ba
See enclosed survey
t Street
PROPOSEDUSE(Sj: Proposed Parking Garage with First Floor Retail
DESCRIPTION OF REQUEST: Amend Development Agreement for the development of
Specificaily identify rhe request �02 s�ace parking �arage with a��roximately 11, 500 SF
(include all requested code flexibility; Of retai 1.
e.g., reduction in required number of
parking spaces, height setbacks, lot
size, lot width, specific use, etc.):
�
Pianning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, e -5 2�4b67�}F9x: ��z7�62•
Page 1 of 5 �'�`' 06/13
PL.�NNi.��G � C7EVELOP�+µ�NT'��P'�
o Planning & Development Department
� C earwater General Develo ment A reement A lication
p g pp
� Data Sheet
PLEASE ENSURE THAT THE FOLLOWING INFORMATION iS FILLED OUT, iN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM
WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING
APPLICATION CYCLE.
ZONING DISTRICT:
FUTURE LAND USE PLAN DES(GNATION:
EXISTING USE (currently existing on site)
Tourist District (T)
Resort Facilities High (RFH)
Surface Parkinct Lot
PROPOSED USE (new use, if any; plus existing, if to remain): PaY'king Garage w/ Retai 1 Ori 1 St Leve 1
SITE AREA: 7 3, 3 6 3 sq. ft. 1• 6$ acres
GROSS FLOOR AREA (total square footage of all buildings):
Existing: 3 7, 3 4 0 sq. ft.
Proposed: 11, 4 6 3 sq. ft.
Maximum Allowable: 7 3, 3 6 3 sq. ft.
GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses):
First use: sq. ft.
Second use: sq. ft.
Third use: sq. ft.
FLOOR AREA RATIO (totai square footage of all buildings divided by the total square footage of entire site):
Existing: 0 . 51
Proposed: 0 . 4 3
Maximum Allowable: 1 . 0
BUILDING COVERAGE/FOOTPRINT (1�` fioor square footage of all buildings):
Existing: 2 8, 4 6 0 sq. ft. ( 3 8•� 9 % of site)
Proposed: 31, 2 7 2 sq. ft. ( 4 2. 6 3 /o of site)
Maximum Permitted: sq. ft. ( % of site)
GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer):
Existing: 9, 9 9 6 sq. ft. ( 13 . 6 3 % of site)
Proposed: 5, 3 61 sq. ft. ( 7. 31 % of site)
VEHICULAR USE AREA (parking spaces, drive aisles, loading area):
Existing: 4 3, 5 7 7 sq. ft. ( 5 9. 4 0
Proposed: 3 6, 7 3 0 sq. ft. ( 5 0. 0 6
% 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 06113
IMPERVIOUS $URFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site):
Existing: 8 6 °
Proposed: 9 3 0
Maximum Permitted: 95 �
DENSITY (units, rooms or beds per acre): BUILDING HEIGHT:
Existing: � Existing: 3 7'- 4"
Proposed: 0 Proposed: 8 9' above BFE ( to peak of roof )
Maximum Permitted: � Maximum Permitted: 100'
OFF-STREET PARKING:
Existing: 98 Note: A parking demand study must be provided In conjunction with any request
Proposed: '7p2 to reduce the amount of required off-street parking spaces. Piease see the
Minimum Required: adopted Parking Demand Study Guidelines for further information.
WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ 18 , 5 0 0, 0 0 0
ZONING DISTRICTS FOR ALL ADJACENT PROPERTY:
North: Tourist District (T)
South: Tourist District (T)
East: ROW - Poinsettia Ave
West: Tourist District (T)
STATE OF FLORIDA, COUNTY OF PINELLAS j` ;€'t'��
I, the undersigned, acknowledge that all Sw rn to and subscribed before me this =?� � day of
representations made in this application are true and • r�� j� �j I� . to me and/or by
accurate to the best of my knowledge and authorize �`} � �,.,.
City representatives to visit and photograph the t`�i +i:.t�..J, �`� �-'��A1S�;.-.��., who is personally known has
property describ�in this applicatioII. produced as identification.
/E
./\.
Signature of property owner or
. �` ��>��°��.�-, ��
Notary public,
My commission expires: ,`�.� � ! ;} �,�,� j '
� W� Naery publ+c State of Florida
Valerie A Blake
• � � My Commission EE 880453
�0}F�
fjcpires 02�1 �M�017
Planning & Deveiopment Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562•4865
Page 3 of 5 06/13
o Planning & Development Department
� C earwater General Develo ment A reement A lication
p g pp
� Affidavit to Authorize Agent/Representative
1. Provide names of ali property owners on deed — PRINT full names:
PV-Pelican Walk, LLC
2. That ji am/we are� the owner(s) and record title holder(s} of the following described property:
3. That this prope�ty constit�tes the property for which a request for (describe request�:
See Application
4. That the undersigned f has/have) appointed and (does/do) appoint:
Brian J. Aungst, Jr. Esq.
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described
property;
6. That site visits to the property are necessary by City representatives in order to process this application and the owner
authorizes City representatives to visit and photograph the property described in this application;
7. That (t/we), t�.arYd'e�signed�hority, hereby certify that the foregoing is true and correct.
_----"".`.r•
,---,`.�_�____.--_____
A. Ernst Jr. , Operating Manager Property0wner
Property Owner
STATE OF FLORIDA, COUNTY OF PtNELLAS
Property Owner
BEFORE ME TF4E UNDERSIGNED, AN OFFICER DUIY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON
Ee �; `�
THtS ��� DAY OF t,�ty i^i � U�� , PERSONALLY APPEARED
C i�C�t,.�t.l� `� Gi,• `�L r/�'� '�` J i� , WHO HAVING BEEN FIRST DULY SWORN
DEPOSEO AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED.
4µ�~���/ { � �� !
��� �,�� BtANCATAYLQR-HEIIRD � � i� ,i �..� r
's Notary Pubfic - State oi Flo►Ma
;y,�� .' y Comm. Exptres Sep 18, 2017 Notary Public ,gnature
"%.;'a��'` Commission � ff 0554N � '
Notary S f������ My Commission Expires: �� /� �
Planning 8 Development Department, 100 S. Myrtle Avenue, Clearvvater, FL 33756, Tel: 727-562-4567; Fax: 727•562-4865
Page 5 of 5 06113