5142-91
ORDINANCE NO. 5142-91
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO PARK PLACE, A DEVELOPMENT OF REGIONAL
IMPACT; AMENDING ORDINANCE 3205-83, THE DEVELOPMENT
ORDER FOR PARK PLACE, AS AMENDED BY ORDINANCE 3287-83;
PROVIDING FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING FOR AMENDMENTS TO THE CONCEPTUAL PLAN AND
PHASING OF THE DEVELOPMENT; DETERMINING THAT THE
AMENDMENTS ARE NOT A "SUBSTANTIAL DEVIATION" FROM THE
APPROVED DEVELOPMENT ORDER; DETERMINING THAT THE
AMENDMENTS ARE CONSISTENT WITH THE COMPREHENSIVE PLAN OF
THE CITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 1, 1983, the City Commission adopted Ordinance 3205-
83 (the "Development Order"), which ordinance constitutes a development order for
Park Place, a development of regional impact, affecting the property described
on Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, on October 20, 1983, the City Commission adopted Ordinance 3287-
83, an amendment to the Development Order, and readopted Ordinance 3287-83 on
December 8, 1983; and
WHEREAS, on August 19, 1991, Building Operation Holding Company, the owner
of certain undeveloped areas of Park Place, filed an application entitled
"Notification of a Proposed Change to a Previously A proved Development of
Regional Impact ("DRI"), pursuant to Subsection 380.06(19, Florida Statutes (the
"NOPC"), proposing to 0) amend the Conceptual Plan for Park Place to provide for
200,000 square feet of floor area for industrial use and a reduction of the
approved floor area for office use by 300,000 square feet; (ii) provide a maximum
floor area ratio ("F.A.R.") for industrial use; (iii) amend the phasing of the
development; (iv) amend all Development Order conditions based on phasing; (v)
change the time of payment of the Developer's proportionate share of road
improvement costs; and (vi) extend the build-out date by five (5) years; and
WHEREAS, on December 19, 1991, the City Commission adopted Ordinance 5114-
91, rezoning a portion of the property from "General office" to "Research,
Development and Office Park," and Ordinance 5113--91, amending the land use plan
designation for the same portion of the property from "Residential/ Office" to
"Industrial," consistent with the proposed revised Conceptual Plan -for Park
Place; and
WHEREAS, the City Commission, as the governing body of the local government
having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and
empowered to consider amendments to DRI's; and
WHEREAS, the City Commission has revised the NOPC, as well as all related
testimony and evidence submitted by each party and members of the general public;
now, therefore,
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Introduction. This ordinance shall constitute an amendment to
the Park Place Development Order as previously amended.
Section 2. Findings. The City Commission, having received all related
comments, testimony and evidence submitted by each party and members of the
gene) al public, finds that there is substantial competent evidence to support the
following findings of fact:
A. The Park Place Development Order, as adopted by Ordinance 3205-83,
and amended by Ordinance 3287-83, is a valid final development order within the
provisions of Section 163.3167(8), Florida Statutes, affecting the property
described on Exhibit "A" attached hereto and incorporated herein.
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B. Building Operating Holding Company has proposed the following
amendments to the Park Place Development Order:
1. Revising the Conceptual Plan for Park Place to provide for
200,000 square feet of floor area for industrial use and a reduction of the
approved floor area for office use by 300,000 square feet to 803,000 square feet;
2. Adding a condition that the maximum F.A.R. for industrial use
is 0.4;
3. Amending the phasing of the development;
4. Amending all Development Order conditions based on phasing;
5. Changing the time of payment of the Developer's proportionate
share of the cost of road improvements which would have been paid concurrently
with Phases II and III to a date 90- days after the effective date of this
ordinance;
6. Eliminating the requirement for a transportation management
plan; and
7.1 Extending the build-out date by five (5) years.
C. A comprehensive review of the impacts generated by the proposed
amendments, together with all previous amendments, has been conducted by the
City's departments, the Tampa Bay Regional Planning Council ("TBRPC") and the
Department of Community Affairs, State of Florida ("DCA").
D. The proposed amendments, together with all previous `amendments, do
not increase the external traffic impact of the development, nor do they create
additional impacts on other public facilities, including water, wastewater,
drainage, solid waste, recreation and mass transit, from the original projections
set forth in the Amended Application for Development Approval.
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F. The City Commission has adopted Ordinance 5113-91, amending the land
use plan designation, and Ordinance 5114-91, rezoning a portion of the property
consistent with the revised Conceptual Plan.
Section 3. Conclusions of Law. The City Commission, having made the above
findings of fact, reaches the following conclusions of law:
A. Development in accordance with the proposed amendments, including the
revised Conceptual Plan, will not unreasonably interfere with the achievement of
the objectives of the adopted State Land Development Plan applicable to the area.
B. The proposed amendments are consistent with the land development
regulations and the comprehensive plan of the City.
C. The proposed amendments, together with all previous amendments, do
not create a reasonable likelihood of additional impact, or any type of regional
impact not previously reviewed by the regional planning agency, over those
treated under the Development Order. The proposed amendments, therefore, do not
constitute a "substantial deviation" from the Park Place Development Order,
pursuant to Chapter 380.06, Florida Statutes.
D. Nothing herein shall limit or modify the rights originally approved
by the Development Order or the protection afforded under Section 163.3167(8),
Florida Statutes, except to the extent that specific rights and protections are
limited or modified by the proposed amendments to the Development Order as
approved by this ordinance.
E. The amendments are within the threshold guidelines of Ordinance 4983-
90 of the City, relating to determinations of vested development rights, and the
Park Place DRI remains vested thereunder.
F. These proceedings have been duly conducted pursuant to applicable law
i' and regulations, and based upon the record in these proceedings, the various
departments of the City and Building Operation Holding Company are authorized to
approved/conduct development as described herein.
G. The review by the City, the TBRPC, and other participating agencies
and interested citizens reveals that impacts are adequately addressed pursuant
to the requirements of Chapter 380, Florida Statutes.
Section 4. Order. Having made the above findings of fact and drawn the
above conclusions of law, it is ordered that the Development Order be amended as
follows:
A. The Conceptual Plan described in Sections 4(A) and 4(J) of the
Development Order is amended as shown on Exhibit "B" attached hereto and
incorporated herein. All references to the Conceptual Plan set forth in the
Development Order shall refer to the Amended Conceptual Plan attached hereto as
Exhibit "B."
B. Section 4(C) of the Development Order is amended to provide that the
Project is approved for a total maximum floor area of 1,153,000 square feet,
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comprised of a maximum 803,000 square feet of office use, a maximum 150,000
square feet of retail commercial use and a maximum 200,000 square feet of
industrial use.
C. Section 4(C)(1) of the Development Order is amended to provide that
industrial use shall have a maximum F.A.R. of 0.4.
D. Section 4(C)(2) of the Development Order is amended to read as
follows:
The Project shall consist of one phase as follows:
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Phase _Maximum Floor Area In Square Feet
Retail
Commercial Office Industrial Total
Phase A 150,000 803,000 200,000 11153,000
Phase A shall be divided i nto three su bphases as foll ows:
Subuhase _Maximum Floor Area _In-Square Feet
Retail
Commercial Office Industrial Total
Al 150,000* 480,000** 200,000 830,000
A2 198,000 198,000
A3 125,000 125,000
Total 150,000 803,000 200,000 1,153,000
*Includes 55,278 square feet existing as of 12-19-91.
**Includes 120,560 square feet existing as of 12-19-91.
E. Section 4,D. of the Development Order is amended to read as follows:
The Developer agrees to acquire land, or to pay the City for
land required to be acquired by the City, to provide ingress and
egress to the west of the Project. Specifically, access to the west
shall interconnect with the existing easement at the north end of M
& B 19-1, 20, 20-1 and 20-1A (Bennigan's, Chi Chi's and Perkins) to
the U.S. 19 frontage road and through the Bennigan's site to the
existing traffic light at State Road 60. -Aeeess?shall be prev4ded
prelimiRary site plan approyal for Phase 1. Said ingress and egress
shall be secured by fee simple acquisition, right-of-way easement,
or other appropriate mechanism by either the Developer or the City.
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F. Section 4.E. of the Development Order is amended to read as follows:
Prior to the approval of the initial final site plan for
Sub tease Al Phase 1 , funding commitments for construction from the
governmental entities responsible for construction of the following
transportation improvements shall be made or, in the alternative,
the Developer shall assume the financial responsibility for its
proportionate share of the cost of construction of the
transportation improvements.
[Substantial revision: see Ordinance 3287-83 for present text:]
1. At the U.S. 19/Drew Street intersection construct a
grade-separated interchange. This improvement has been committed to
in the current Florida Department of Transportation Adopted
Five-Year Work Program and ?s scheduled for Fiscal Year '95/'96. In
lieu of the funding commitment or the proportionate share of the
construction cost, the following commitments may be made:
a. Extend Druid Road between Belcher Road and Edenville
Road. The completion of this improvement will provide a parallel
reliever access for State Road 60 and Drew Street. [This
improvement has been completed.]
b. Extend and widen Drew Street as a four-lane divided link
(four through lanes and turn lanes as are appropriate) between U.S.
19 and McMullen-Booth Road. (This improvement has been completed.]
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constructing such connection to the adjoining property to the west,
in addition to any other contributions for on-site or off-site road
improvements, will be the responsibility of the Developer according
to a schedule to be established with the preliminary site plan
approval of Su_bphase Al ire --1. (This access has been acquired and
constructed.1
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c. Prior to the issuance of the first certificate of
occupancy after the development generates 525 p.m. peak hour net
external vehicle trips, the Developer shall provide up to $125,000
to the Florida Department of Transportation for the construction
plans of the U.S. 19/Drew Street grade-separated interchange. [As
of 12-19-91, the development generates 296 p.m. peak hour net
external vehicle trips.] These funds shall be provided in order to
obtain a commitment for the construction of the U.S. 19/Drew Street
grade-separated interchange during Subphase A2.
2. Construct access points to Park Place on Hampton Road as
needed. Exclusive turn lanes and a traffic signal(s) may be needed.
The cost of these improvements shall be the sole responsibility of
the Developer. Pursuant to subsection 4.Z., the Developer sha11 pay
the total cost of these improvements and the City shall assume the
responsibility for constructing these improvements.
3. At the S.R. 60/Clearwater Mall Drive II intersection
construct two eastbound to northbound exclusive left turn lanes.
The cost of these improvements shall be the sole responsibility of
the Developer. Pursuant to subsection 4.Z., the Developer shall pay
the total cost of these improvements and the City shall assume the
responsibility for constructing these improvements. [This
improvement has been completed.]
4. Install or renovate, as appropriate, traffic signals at
the south project entrance and S.R. 60 and at Hampton Road and S.R.
60. The cost of these improvements shall be the sole responsibility
of the Developer. Pursuant to subsection 4.Z., the Developer shall
pay the total cost of these improvements and the City shall assume
the responsibility for constructing these improvements. [This
improvement has been completed.]
5. Construct an exclusive left turn lane on S.R. 60
approach and an additional through lane in each direction on S.R. 60
at its intersection with Hampton Road. The cost of these
improvements shall be the sole responsibility of the Developer.
Pursuant to subsection 4.Z., the Developer shall pay the total cost
of these improvements and the City shall assume the responsibility
for constructing these improvements. [These improvements are under
construction.]
6. Construct additional lanes on State Road 60 from U.S. 19
to McMullen-Booth Road. [This improvement is under construction.]
7. At the Belcher Road/S.R. 60 intersection, construct an
additional through lane and additional exclusive left and right turn
lanes on all approaches. The through lanes shall be continued to
the next intersection or some logical terminus in accordance with
proper design practice. Pursuant to subsection 4.Z., the Developer
shall pay its proportionate share of the cost for construction of
these improvements.
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B. At the U.S. 19/S.R.
eastbound to southbound exclusive
westbound direction construct one
lane. Pursuant to subsection 4.Z
proportionate share of the cos
improvement.
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GO intersection, construct an
right turn lane and in the
additional exclusive left turn
., the Developer shall pay its
t for construction of this
9. Improve Drew Street to a four-lane divided arterial from
U.S. 19 to N.E. Coachman Road, and add turn lanes at all signalized
intersections in between. This improvement is committed to in the
Metropolitan Planning Organization Transportation Improvement
Program as being constructed in Fiscal Year 1992-93.
G. Section 4.F. of the Development Order is amended to read as follows:
Prior to the approval of the initial final site plan for
Subphase A2 Phase T, funding commitments for construction from the
governmental entities responsible for construction of the following
transportation improvements shall be made or, in the alternative,
the Developer shall assume the financial responsibility for its
proportionate share of the construction of the transportation
improvements:
[Substantial revision;-see Ordinance 3287-83 for present text:]
At the U.S. 19/N.E. Coachman Road (S.R. 590) intersection
construct a grade separated interchange, provided, however, such
facility shall not remain a condition of approval if TBRPC`s
transportation policies are amended or the Developer, at the
initiation of Subphase A2, agrees to prepare and submit traffic
condition information documenting that the improvements are no
longer necessary to mitigate regional impacts.
H. Section 4.G. of the Development Order is amended to read as follows:
Prior to the approval of the initial final site plan for
Subphase A3 Phase 11-1 funding commitments for construction from the
governmental entities responsible for construction of the following
transportation improvements shall be made or, in the alternative,
the Developer shall assume the financial responsibility for its
proportionate share of the cost of construction of the
transportation improvements.
[Substantial revision; see Ordinance 3287-83 for present text:]
1. Construct additional access to Park Place on Hampton
Road as Needed. Exclusive turn lanes and a traffic signal(s) may be
needed. The cost of these improvements shall be the sole
responsibility of the Developer. Pursuant to subsection 4.Z., the
Developer shall pay the total cost of these improvements and the
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City shall assume the responsibility for
improvements.
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constructing these
2. Install and/.or relocate additional traffic signals in
the project area at Drew Street and the north project entrance, Drew
Street and Hampton Road, the two south project entrances and State
Road 60, and State Road 60 and Hampton Road. These improvements are
to be made in phases as is appropriate, but in their entirety by
Subphase A3. The cost of these improvements shall be the sole
responsibility of the Developer. Pursuant to subsection 4.Z., the
Developer shall pay the total cost of these improvements and the
City shall assume the responsibility for constructing these
improvements. [These improvements are completed except for Drew
Street and the north project entrance, and Drew Street and Hampton
Road.]
3. Expand Hampton Road to a two-lane divided link (two
through lanes with turning lanes as appropriate) from State Road 60
to Drew Street in phases related to points of access on Hampton
Road, but in its entirety by Subphase A3. The cost of this
improvement shall be the sole responsibility of the Developer.
Pursuant to subsection 4.Z., the Developer shall pay the total cost
of these improvements and the City shall assume the responsibility
of constructing the improvement. This improvement is scheduled by
the City of Clearwater for its 192/'93 Fiscal Year.
4. At the U.S. 19/Sunset Point Road intersection construct
a grade separated interchange, provided, however, such facility
shall not remain a condition of approval if TBRPC's transportation
policies are amended or the Developer, at the initiation of Subphase
A3 agrees to prepare and submit traffic condition information
documenting that the improvements are no longer necessary to
mitigate regional impacts.
1. Not later than 90 days after the effective date of this ordinance,
Developer shall pay to the City the sum of $383,393.00, together with interest
at the rate of ten percent per annum from December 8, 1983. This payment,
together with the previous transportation mitigation payment made pursuant to the
Development Order, is in full satisfaction of Developer's obligations under
Sections 4.E.2 through 4.E.5, 4.E.7, 4.E.8, 4.G.1 through 4.G.3, and 4.Z of the
Development Order as.amended by this ordinance.
J. The build-out year is hereby extended by f i ve (5) years through 1996.
This results in an extension of the build-out of Phase I by 11 years, from 1985
to 1996; an extension of the build-out of Phase II by 8 years, from 1988 to 1996;
and an extension of the build-out of Phase III by 5 years, from 1991 to 1996.
K. Section M. is hereby repealed.
L. The amendments stated herein, together with all previous amendments,
do not constitute a substantial deviation, pursuant to Chapter 380.06, Florida
Statutes.
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M. Nothing herein shall limit or modify the rights originally approved
by the Development Order or the protection afforded under Section 163.3167(8),
Florida Statutes, except to the extent that specific rights and protections are
limited or modified by the proposed amendments to the Development Order as
approved by this ordinance.
N. The City Clerk shall send copies of this ordinance, within five (5)
days following the effective date hereof,.to Building Operating Holding Company,
DCA and TBRPC.
0. This ordinance shall be deemed rendered upon transmittal of copies
hereof to the Department of Community Affairs and the Tampa Bay Regional Planning
Council.
P. Notice of adoption of this ordinance shall be recorded by the
Developer in the public records of Pinellas County, Florida, as provided in
Section 380.06, Florida Statutes.
Section 5. Effective Date. This ordinance shall take effect 45 days after
copies have been transmitted to the Tampa Bay Regional Planning Council and the
Florida Department of Community Affairs, unless this ordinance is appealed, in
which event this ordinance shall not take effect until such appeal has been
decided.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED AS AMENDED
November 4, 1991
Attest:
Mayor-Commissioner
Cynt Go au
City Clerk
Approved as to form and correctness:
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M. A. Ga rait , J .
City Attorney
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December 19, 1991