DRI PARK PLACE0:
F RC,'J:
COPIES:
SUBJECT:
DATE:
C -Prc 1, CNCIIC?
City ..r?. ;,nthony L. Shoefn?kl °
David P. H;:al ey, P1 anni ing D1 r ecti
As Listed Below
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Intercicpartnient ; n rc? ;bnce Sheet
J
NOV 18 1983
Development Order for Park Place (Metro D
November 14, 1983
We have consolidated Ordinance No. 3205-83, the Development Order
for Park Place as originally approved by the City Commission on
September 1, 1983, and Ordinance No. 3287-83 which amended the
original ordinance effective October 20, 1983. While technically
there remain two ordinances, Nos. 3205-83 and 3287-83
respectively, their consolidation into one document was necessary
for efficient reference and ease of utilization;.
The amended ordinance was accepted by the Tampa Bay Regional
Planning Council today in satisfaction of their earlier
objections. Pending expected approval by both the State and the
developer, or the expiration of the forty-five day appeal period
on December 5, 1983, the Development Order is considered rendered
and effective.
I am providing copies to all of the departments potentially
affected in order that they may have a current copy of same to
which to refer in the review of subsequent site plans for the
project and as it relates to specific. commitments the City has
made regarding transportation improvements. In particular, I
call your attention to the provisions of Section 4, paragraphs.
"E"., "F., and "G". as they relate to future commitments through
ou-r capital improvement program and monitoring efforts in the
Transportation Improvement Plan of the Metropolitan Planning
Organization.
I appreciate all of the assistance and cooperation that every one
of the departments gave in bringing this Development of Regional
Impact process to a successful conclusion.
DPH/dw
Attachment
Copies: Betty Haeseker, Assistant City Manager
flax Battle, Public Works Director
.eith Crawford, Traffic Engineering Director
Bill Tripp, Acting Building Director
Ream Wilson, Parks and Recreation Director
Cecil Henderson, Utilities Director
Joe Molnar, Fire Marshal
Betty Deptula, Budget Director
ORDINANCE NO. 3205-83
AS AMENUED BY ORDINANCE NO. 3287-83
AIJ ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RENDERING A
-`DEVELOPMENT ORDER PURSUANT TO CHAPTER 380, FLORIDA STATUTES, ON
AN APPLICATION FOR DEVELOPMENT APPROVAL FILED BY METRO
DEVELOPMENT CORPORATION FOR PARK PLACE, A DEVELOPMENT OF REGIONAL
IMPACT; PROVIDING FIIJD114GS OF FACT; PROVIDING CONCLUSIONS OF LAW;
ENUMERATING THE CONDITIONS OF THE DEVELOPMENT ORDER; PROVIDING
FOR ADMINISTRATION OF THE DEVELOPMENT ORDER; PROVIDING FOR
-- REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY OF
THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, on July 16, 1982, Metro Development
Corporation ("Developer") filed an Application for
Development Approval of a Development of Regional Impact
("ORI") with the City of Clearwater ("City"), the Tampa Bay
Regional Planning Council ("TBRPC"), the Florida Department
of Community Affairs ("DCA") and other state, regional and
local agencies, pursuant to the provisions of Section
380.06, Florida Statutes (1981); and
WHEREAS, on October 11, 1982, the Developer filed
with the City an Amendment to the Application for
Development Approval and submitted copies of the Amendment
to all appropriate agencies; and
WHEREAS, the Application for Development Approval,
as amended ("ADA"), proposes the development of Park Place,
a 99 acre planned retail and office complex in the City of
Clearwater near the intersection of U.S. Highway 19 and
State Road 60 (herein sometimes referred to as "Park Place"
or "Project"); and
WHEREAS, the City Commission, as the governing
body of the local government having jurisdiction pursuant to
Section 380.06, Florida Statutes, is authorized and
empowered to consider applications for development approval
for developments of regional impact; and
WHEREAS, the public notice requirements of Section
380.06, Florida Statutes, have been complied with; and
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WHEREAS, the City Commission has received and
considered the report and recommendation of the TBRPC; and
WHEREAS, the City Commission has on August 18,
1983, held a duly noticed public hearing on the ADA and has
heard and considered testimony and documents received
thereon; and
WHEREAS, this Development Order, when adopted will
constitute a land development regulation applicable to the
property; and
WHEREAS, the Local Government Comprehensive
Planning Act ("LGCPA") requires that all development
regulations and amendments thereto related to an adopted
comprehensive plan or element thereof be reviewed by the
Local Planning Agency ("LPA") for conformance with plans
adopted pursuant to the LGCPA; and
WHEREAS, the Pinellas County Planning Council
(PCPC) has been designated the Local Planning Agency for
Pinellas County and the PCPC has adopted guidelines with
reference to such required referral process; and
WHEREAS, this Ordinance has been referred to and
will be duly considered by the PCPC under said process;
and
WHEREAS, the City Commission has reviewed and
considered the above referenced documents, as well as all
related testimony and evidence submitted by each party and
members of the general public, now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Introduction - That this Ordinance shall
constitute the Development Order ("this Order") of the City
Commission issued in response to the ADA filed by the Developer
for development of Park Place, a development of regional impact.
The scope of development to be permitted pursuant to this Order
shall be as hereinafter set forth.
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I k, Section 2. Findings of Fact - That the City
Commission, having received the above-referenced documents, and
having received all related comments, testimony and evidence
submitted by each party and members of the general public, finds
there is substantial competent evidence to support the following
findings of fact:
A. The Developer proposes the development of Park Place, a
99-acre retail and office complex in the City near the
intersection of U.S. Highway 19 and State Road 60.
B. The real property which is the subject of the ADA (the
"real property") is legally described as set forth in
Exhibit "A", attached hereto and by reference made a
part hereof.
C. A major portion of the real property was the subject of
a request for annexation to the City according to the
terms and conditions of an Annexation Agreement approved
at public hearing on July 15, 1982, and recorded in O.R.
Book 5397, pages 2022 through 2031, inclusive, of the
Public Records of Pinellas County, Florida. Said
Annexation Agreement is amended and restated in its
entirety in the First Amended and Restated Annexation
Agreement, as set forth in Exhibit "B", attached hereto
and by reference made a part hereof. Said annexation
and First Amended and Restated Annexation Agreement are
effective immediately prior to the adoption by the City
of this Order.
D. The City Commission in approving the Developer's
original Annexation Agreement on July 15, 1982, imposed
the following conditions on Park Place, which will be
satisfied in the process of site plan approval con-
sistent with this Order:
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1. The following maximum floor area ratios ("FAR") be
established:
( a ) Maximum FAR of .25 for retail commercial use.
(b) Maximum FAR of .30 for low-rise office use.
(c) Maximum FAR of .40 for mid-rise office use.
2. Conveyance by deed(s) for the following additional
rights-of-way:
(a) Along the southern boundary of the Project
fronting on State Road 60, ten (10) feet of
right-of-way, as may be required to establish a
full sixty (60) foot one-half right-of-way.
(b) Along the northern boundary of the Project
fronting-on Drew Street, fifty (50) feet of
right-of-way, to establish a full fifty (50)
foot one- half right-of-way.
E. The Developer submitted to the City an ADA, supplemental
documentation on traffic systems management ("TSM") and
a sufficiency response, which are attached hereto as
composite Exhibit "C", and by reference made a part
hereof.
F. This Project will yield positive economic impacts to the
City and Pinellas County, in the form of construction
expenditures, (approximately $41.1 million), employment
opportunities, (approximately 4,000 permanent jobs) and
ad valorem taxes, (approximately $1.3 million
annually).
G. This Project will yield substantial negative impacts on
the existing road system established and maintained by
the City, Pinellas County and the State of Florida;
which road system does not at present operate in all
cases at a desirable level of service ("LOS")-
H. The Project development is not located in an area of
critical state concern as designated pursuant to Section
380.05, Florida Statutes (1981).
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1. The Project will not unreasonably interfere with the
achievement of the objectives of any adopted state land
development plan(s) applicable to the area.
J. A comprehensive review of the impacts generated by the
Project has been conducted by the City and the TBRPC.
K. This Order is consistent with the report and recom-
mendations of the TBRPC.
L. The City has established land development regulations,
including zoning, approval of building permits, site
plan review and subdivision regulations, and. pursuant to
these land development regulations, has the necessary
and adequate authority to monitor, administer, and
enforce the provisions of this Order.
Section 3. Conclusions of Law - That the City
Commission, having made the above findings of fact, reaches the
following conclusions of law:
A. That these proceedings have been duly conducted pursuant
to applicable laws and regulations, and based upon the
record in this proceeding, the Developer is authorized
to conduct development as described herein, subject to
the review procedures, requirements, conditions,
restrictions and limitations set forth herein.
B. That review by the City reveals that impacts are
adequately addressed pursuant to the requirements of
Section 380.06, Florida Statutes, within the terms and
conditions of this Order.
Section 4. Order - That, having made the above
findings of fact.and drawn the above conclusions of law, it is
ordered that the ADA is hereby approved, subject to the following
review procedures, requirements, conditions, restrictions and
limitations:
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A. Development shall be approved consistent with the
Conceptual Plan included as Exhibit "D", attached hereto
and by reference made a part hereof, and according to
the site plan review procedures and criteria, as well as
all other applicable provisions of the City Code of
Ordinances. In particular, a preliminary site plan shall
be submitted for each phase, and individual final site
plans within the respective phases shall be consistent
therewith. Development of out-parcels indicated on the
Conceptual Plan shall be consistent with said plan and
all out-parcel development will be subject to site plan
approval procedures and shall be coordinated with the
overall Park Place development. P.ermitted maximum floor
areas for Park Place are considered to be inclusive of
out-parcels both as to total project floor area and
floor area by phase.
B. All development pursuant to this Order shall be con-
sistent with applicable land development and building
regulations, codes, ordinances and policies in effect at
the time of application for final site plan approval for
the respective components of the Project. No amendment
of any such regulation, code, ordinance or policy
adopted subsequent to the effective date of this Order,
however, shall preclude, or require any material
revision of, the type of use or amount of floor area as
set forth in the Conceptual Plan.
C. The Project is approved for a total maximum floor area
of 1,253,000 square feet, comprised of a maximum
1,103,000 square feet of office use and a maximum
150,000 square feet of retail commercial use. The
permitted maximum floor area is to be approved subject
to the FAR and phasing limitations set forth below:
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1. The maximum permitted floor area by category of use
shall be approved only to the extent that such floor
areas are consistent with the following FAR 's and at
no time during the approval of individual final site
plans shall the cumulative FAR exceed those set
forth below:
Retail Commercial - maximum FAR of 0.25
Low-Rise Office (3 stories or less) - maximum FAR of
0.30
Mid-Rise Office (4 through 8 stories) - maximum FAR
of 0.40
2. The Project phases shall be defined as follows:
Phase Maximum Floor Area - In Sq. Ft.
Retail Commercial Office Total
Phase I 150,000 480,000 630,000
Phase II ---- 323,00.0 323,000
(Phase I and II cumulative) (150,000) (803,000) (953,000)
Phase III ---- 300,000 300,000
(Phase I, II and III (150,000) (1,103,000)(1,253,000)
cumulative)
Total 150,000 1,103,000 1,253,000
D. 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 and to the south 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 Perkin's) to the U.S. 19 frontage road and through
the Bennigan's site to the existing traffic light at
State Road 60. Access shall be provided to the south
through M&B 21, 21-1, and 22-1 (11cliullen Property) to
State Road 60, with the exact location to be determined
at time of preliminary site plan approval for Phase I.
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. If
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acquisition cannot be accomplished by the Developer on
terms acceptable to the Developer, then upon written
request of the Developer, the City agrees to the
utilization of its eminent domain powers under Chapter
73, Florida Statutes to acquire such right-of-way. The
City agrees to exercise such eminent domain powers
solely under Chapter 73, Florida Statutes, if necessary,
within twelve (12) months after the effective date of
this Order, consistent with the applicable provisions of
law, in recognition that it is in the public interest
that such ingress and egress be obtained. In the event
that the City so exercises its power of eminent domain
to acquire rights in any of the above referenced
property for ingress and egress, the Developer shall
compensate the City in the amount of the condemnation
judgment; except where such judgment exceeds the
appraised value or average of appraised values entered
into evidence in the condemnation proceeding by the
City, the City and the Developer shall, subject to the
mutual consent of the City and the Developer as to the
reasonableness of the judgment, share equally (50
percent each) the amount of the judgment awarded in
excess of such appraised value or average values. The
cost of constructing such connections to the adjoining
property to the west and to State Road 60 to the south,
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 estab-
lished with the preliminary site plan approval of Phase
I.
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E. Prior to the approval of the initial final site plan for
Phase I, 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 improve-
ments.
1. At the U.S. 19/S.R. 580 and U.S. 19/Countryside
Boulevard intersections construct a grade-separated
interchange. This improvement is currently pro-
grammed in the Pinellas County MPO Transportation
Improvement Program (construction to start in FY
1986-87).
2. At the U.S. 19/Drew Street intersection, reassess
the existing green time signal phasing. This
reassessment is to be done by the City within the
1983-84 work program of the Traffic Engineering
Department of the City.
3. At the U.S. 19/Roosevelt Boulevard intersection,
construct a grade-separated interchange. This
improvement is currently programmed in the Pinellas
County MPO Transportation Improvement Program (con-
struction to start in FY 1985-86).
4. 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 improve-
ments shall be the sole responsibility of the
Developer. Pursuant to subsection 4.Z., the
Developer shall pay the total cost of these improve-
ments and the City shall assume the responsibility
for constructing these improvements.
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5. 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. The City commits that it will let for
bid these improvements no later than twelve (12)
months from the effective date of this Order with a
scheduled construction completion date no later than
twenty-four (24) months from the effective date of
this Order.
6. 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 improve-
ments and the City shall assume the responsibility
for constructing these improvements.
7. 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.
8. Construct additional lanes on State Road 60 from
U.S. 19 to McMullen-Booth Road. This improvement is
currently programmed in the Florida Department of
Transportation Five-Year Work Program with con-
struction scheduled to start in 1986-87.
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9. Construct additional lanes on Sunset Point Road from
Keene Road to U.S. 19. This improvement is cur-
rently programmed in the Pinellas County MPO
Transportation Improvement Program with construction
scheduled to start in 1986-87.
F. Prior to the approval of the initial final site plan for
Phase II, 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.
1. At the U.S. 19/Drew Street intersection construct a
grade-separated interchange. 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. The
City is committed to this improvement in its
1983-84 work program.
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. Construction of Drew
Street from Hampton Road east to McMullen-Booth
Road as a two-lane road is currently programmed
in the Pinellas County MPO Transportation
Improvement Program with construction scheduled
to start in 1983-84. It is acknowledged that the
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foregoing extension of Drew Street that is
programmed by Pinellas County MPO will not
satisfy the need for a four-lane divided link
between U.S. 19 and McMullen-Booth Road. The
City has assumed the responsibility for those
improvements beyond those committed and pro-
grammed in the Pinellas County MPO
Transportation Improvement Program.
C. Pursuant to subsection 4.D. the Developer shall
be responsible for the cost of the right-of-way
and construction of the ingress and egress to
and from the south through M&B 21, 21-1 and
22-1. This ingress and egress will be located
so as to maximize the use of Druid Road via Sky
Harbor Drive and Seville Boulevard (around the
perimeter of the Clearwater Mall).,
d. Prior to the issuance of the first certificate
of occupancy for Phase II, 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 inter-
change. These funds shall be provided in order
to obtain a commitment for the construction of
the U.S. 19/Drew Street grade-separated inter-
change during Phase III.
2. At the U.S. 19/S.R. 60 intersection, construct an
eastbound to southbound exclusive right turn lane
and in the eastbound and westbound directions
construct one additional exclusive left turn lane.
Pursuant to subsection 4.Z., the Developer shall pay
its proportionate share of the cost for construction
of this improvement.
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3. At the U.S. 19/Belleair Road intersection, construct
1 .1 an eastbound to southbound exclusive right turn
lane. Pursuant to subsection 4.Z., the Developer
shall pay its proportionate share of the cost for
construction of this improvement.
G. Prior to the approval of the initial final site plan for
Phase III, 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 fo,r its proportionate share of
the cost of construction of the transportation improve-
ments.
1. At the U.S. 19/Belleair Road intersection, convert
the exclusive right turn lane into a combination
through and right turn lane in each direction on
U.S. 19, and construct an exclusive eastbound to
southbound right turn lane on Belleair Road. The
through lanes shall continue to the next inter-
section 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 improve-
ments.
2. At the Belcher Road/Sunset Point intersection,
construct exclusive right turn lanes on all
approaches, and construct additional through lanes
in each direction on Sunset Point Road. The through
lanes shall continue 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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3. 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 improve-
ments.
4. 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 improve-
ments shall be the sole responsibility of the
Developer. Pursuant to subsection 4.Z., the
Developer shall pay the total cost of these improve-
ments and the City shall assume the responsibility
for constructing these improvements.
5. On McMullen-Booth Road, construct additional lanes
from S.R. 60 to Sunset Point Road as is currently
programmed in the Pinellas County MPO Transportation
Improvement Program (construction to start in FY
1984-85).
6. 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 Phase III. 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 improve-
ments and the City shall assume the responsibility
for constructing these improvements.
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7. 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 Phase III. 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.
8. At the U.S. 19/Sunset Point Road and U.S. 19/
Coachman Road intersections construct grade
separated interchanges, provided, however, such
facilities shall not remain a condition of approval
if TBRPC's transportation policies are amended or
the Developer, at the initiation of Phase III,
agrees to prepare and submit traffic condition
information documenting that the improvements are no
longer necessary to mitigate regional impacts.
H.. The City further agrees to the following:
1. In the interest of recognizing the commitments
toward road improvements made by the Developer and
to provide for the treatment of other developments
in a comparable fashion, the City will review and
evaluate potential appropriate legislation dealing
with local transportation impact fees;
2. The City will cooperate with and expedite, where
possible, the design of all FDOT improvements which
are necessitated in part by Park Place, in partic-
ular the U.S. 19/Drew Street grade-separated
interchange;
3. The City will support as a high priority the early
scheduling and construction of a grade-separated
U.S. 19/Drew Street interchange; and
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I.
4. The City will review and recommend as is appropriate
the redesignation of the U.S. 19/S.R. 60 area,
including Park Place, as a regional activity center
under the TBRPC Regional Plan.
The developer shall, during construction of Phase I of
the Project, prepare a Transportation System Management
(TSM) Plan, which shall be submitted for approval
coincident with the submittal of the preliminary site
plan for Phase II of Park Place. The TSM Plan shall be
submitted to the City, the TBRPC, the Pinellas County
11PO, FDOT and the Pinellas Suncoast Transit Authority,
as appropriate. The plan of TSM measures as approved by
the City shall be instituted during Phase II of the
Project and implemented for the duration of the life of
the Project, according to the following:
1. Assure implementation, by a responsible entity, of
Park Place worker flex time of sufficient magnitude
to divert 11.9 percent of total peak hour vehicle
trips projected in the ADA away from the peak hour
traffic. Measures to achieve this diversion may
include transit incentives and/or lease agreement
stipulations, and others as appropriate.
2. Assure implementation, by a responsible entity, of a
TSM program of Park Place worker ridesharing, of
sufficient magnitude to divert 2.8 percent of total
peak hour vehicle trips projected in the ADA away
from the peak hour traffic. Incentive measures to
achieve this diversion may include preferential
parking, and/or coordinating service, as appro-
priate.
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3. Assure implementation of a bus incentive program in
cooperation with the Pinellas Suncoast Transit
Authority that will result in provision of suf-
ficient transit service facilities and ridership to
assure a diversion of 5.6 percent of total peak hour
vehicle trips as projected in the ADA away from the
peak hour traffic. Measures to achieve this diver-
sion may include adequate headways, bus stops and
shelters, employee bus passes, and developer
subsidies, as appropriate.
4. Assure implementation of express bus service of
sufficient magnitude to effect a diversion of 1.8
percent of the total peak hour vehicle trips away
from the peak traffic hour, provided, however,
implementation of express bus service shall not be
required until final site plan approval is requested
for the initial portion of Phase III of Park Place.
Measures to achieve this diversion shall include
adequate headways, bus stops and shelters, employee
bus passes, developer subsidies of park and ride
lots and capital improvements, as appropriate.
5. Actual experience in implementation of the TSM Plan
may indicate that the individual rates of reduction
vary from those described above. Any such variances
shall be considered consistent with this Order,
provided that the overall cumulative reduction in
vehicle trips is at least 20.3 percent by the end of
Phase II and 22.3 percent in Phase III.
6. Monitoring of the effectiveness of TSM programs
shall be conducted biennially starting with sub-
mission of a report concurrent with the first annual
report following preliminary site plan approval for
Phase II. The monitoring methodology shall be based
on generally accepted traffic engineering practice
reasonably acceptable to the City and consistent
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with the methodology in the ADA. If monitoring
indicates that target reduction levels are not being
achieved, the City may withold authorization of
final site plan approvals requested subsequent to
submission of the TSM report for Phase II and
preliminary or final site plan approval for Phase
III, until acceptable mitigation methods are
implemented. The City has the right at its expense
to require verification from a source other than
Developer's consultant, of methods as may be
appropriate to assure that an accurate representa-
tion of TS-11 effectiveness has been submitted and may
hold a public hearing consistent with the provisions
of subsection 5.C. of this Order prior to final site
plan approvals requested subsequent to submission of
the TSM report for Phase II or prior to preliminary
site plan approval for Phase III to evaluate the TSM
Plan and performance thereunder.
J. The Developer shall be responsible for all improvements
made on the Park Place site, and for construction and
maintenance of all open space, drainage retention,
street medians, street lighting (including the cost of
supplying electricity thereto), and access drives and
roadways to and through the Project, including access
drives across designated land or easements yet to be
acquired. The Developer shall be responsible for proper
maintenance of all on-site development approved consis-
tent with the Conceptual Plan included as Exhibit "D".
The foregoing, however, shall not preclude the Developer
from offering, and the City from accepting, dedication
of any street proposed to be a public street, in which
case the City will assume responsibility for maintaining
said public street consistent with the provisions set
forth in Exhibit "B".
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K. Wetlands on the site, designated as Aquatic Lands (AL)
by the City and as identified in the ADA, shall remain
undisturbed by development activities, except as
approved by the City consistent with provisions of the
AL zoning district and City drainage and retention
policies.
L. The following measures to control water quality and
erosion referenced in the ADA, shall be implemented to
the satisfaction of the City consistent with established
policy including controlled phasing so that large areas
are not left exposed for long periods of time, minimal
grading, maximum use of existing vegetation, seeding,
mulching, sodding and safe disposal of runoff.
M. The Developer shall institute a program to be developed
in conjuction with the City to monitor the on-site
water quality in the project drainage system, so that a
determination by the City of this project's impact on
nearby receiving waters can be made and adjusted as may
be required.
N. Paved parking surfaces shall be cleaned/vacuumed
periodically as part of a water quality maintenance
program designed to be consistent with the Source
Control Practice section (page 6-10) of the TBRPC
approved Stormwater and Lake Systems Maintenance and
Design Guidelines. The entity responsible for imple-
mentation shall be subject to reasonable approval by the
City.
0. All drainage plans shall be prepared in accordance with
the TBRPC approved Stormwater and Lake Systems
Maintenance and Design Guidelines, and shall be submitted
to the City and the TBRPC for review prior to any final
site plan approval. All drainage plans will be subject
to City approval consistent with City requirements
therefor at time of final site plan approval.
-19-
P. The final drainage system shall include the following
recommendations of the Florida Game and Fresh Water Fish
Commission:
1. A stormwater management system with shallow
detention ponds with wide, gently sloping littoral
zones (1V:6H vertical:horizontal minimum);
2. Revegetation of constructed littoral zones with
native wetland species;
3. Pouting stormwater, whenever practical, via open
vegetated swales as opposed to pipes and culverts.
Q. Bicycle and pedestrian pathways shall be incorporated
into the development as measures to decrease vehicular
pollution/emissions, as referenced in the ADA, and shall
be a condition of approval of site plans within Park
Place.
R. Appropriate corrective measures shall be taken to
mitigate soil limitations and additional soils testing
as is required to accommodate final building construc-
tion design as required by the City.
S. The Developer shall phase construction so that trees
with active osprey nests shall remain in place through
the nesting season. If an active nest is removed, with
approval of the Florida Game and Fresh Water Fish
Commission, it shall be replaced with a suitable nest
stand.
T. A capture-release program be established for any Gopher
Tortoise, Florida Mouse and Eastern Indigo Snake
observed on-site during construction, as referenced in
the ADA. The release site shall be determined in
cooperation with the Florida Game and Fresh 'Water Fish
Commission.
-20-
U. Any historical or archaeological resources discovered
during construction will be reported to the Florida
Division of Archives, History and Records Management and
that the disposition of such resources be determined in
cooperation with the Division of Archives and the local
government with jurisdiction, as referenced in the ADA.
V. Site plans shall include provision for preservation and
transplanting of as many tree clusters or individual
trees as is feasible and tree preservation measures
shall be included as a consideration in site plan
approval.
W. The Developer shall encourage that energy conservation
measures such as building orientation and shading,
overhangs, sun angles, and use of renewable energy
sources, be incorporated into the Park Place develop-
ment. The extent to which cost-effective energy
conservation measures are included shall be a consid-
eration in site plan approval.
X. The Developer, its successors or assigns, shall be the
entity responsible for maintenance of on-site wells.
Y. The City alone, and where appropriate in conjunction
with Pinellas County, shall provide fire, police, EMS,
sewerage, refuse disposal, potable water, and other
general government services to Park Place.
Z. Under subsections 4.E., 4.F., and 4.G. the Developer
shall contribute to the City its proportionate share of
the cost of construction of certain traffic improve-
ments. Concurrently with the certification of the
initial final site plan for each phase, the Developer
shall pay to the City the following listed principal
amounts plus interest for each of the listed phases:
-21-
I?
Phase I: $247,383
Phase II: $222,451
Phase III: $160,942
Said payments are calculated to be adequate to cover the
Developer's proportionate share of the future cost of
the designated road improvements, including inflation.
Interest on the principal sum for each phase shall
accrue from the effective date of this Order and
interest shall be computed at a rate of ten (10) percent
per annum beginning with the effective date of this
Order. Payment of the foregoing monies shall constitute
the final and complete payment of the Developer's
proportionate share for any and all off-site transporta-
tion improvements related to the Project, except as
otherwise provided herein. The City agrees that it will
utilize all of the funds paid by the Developer pursuant
to this subsection for traffic improvements in the
Project's impact area with emphasis on those improve-
ments identified by the TBRPC's report.
Section 5. Administration - That the following
procedures and requirement will apply to the on-going
administration of this Development Order:
A. The Devel-oper shall submit an annual report on the DRI
to the City, the TBRPC, the Southwest Florida Water
Management District, and the State Land Planning Agency
on the anniversary of the effective date of this
Development Order for each following year until and
including such time as all terms and conditions of this
Order are satisfied or same has expired by its term,
whichever is earlier. Such report shall be submitted
for review by the City Commission to insure compliance
-22-
with the terms and conditions of this Order. The
Developer and TBRPC shall be notified of any City
Commission meeting wherein such report is to be re-
viewed, provided, however, that receipt and review by
the City Commission shall not be considered a substitute
or a waiver of any terms and conditions of the
Development Order. Each report shall contain:
1. A description of all development activity conducted
pursuant to this Order during the year immediately
preceding the submission of the annual report;
2. A description of all development activities proposed
to be conducted under the terms of this Order for
the year immediately subsequent to the submission of
the annual report;
3. A statement listing anticipated applications for
development approvals or permits required pursuant
to applicable regulations which the Developer
proposes to submit during the year immediately
following submittal of the annual report;
4. A statement setting forth the name(s) and address
of any assignee or successor in interest to the
Developer in its capacity as developer of Park Place
or any portion thereof; and
5. A statement that all persons have received copies
of the annual report, as required under Section
380.06(16), Florida Statutes (1981).
It is the intent of this requirement that the submittal
of the annual report shall be in addition to and not in
lieu of any submittal requirements for an annual report
as promulgated by the State Land Planning Agency.
-23-
B. Further review pursuant to Chapter 380, Florida Statutes
may be required if a substantial deviation, as defined
in Chapter 380, Florida Statutes, occurs. The Developer
shall be given due notice of, and an opportunity to be
heard at, any hearing to determine whether a proposed
change to the development is a substantial deviation.
Substantial deviation may occur by failure to comply
with the conditions of this Order, other than a failure
by the City, failure to follow the plans and specifica-
tions submitted in the ADA and supplementary
information, or by activities which are not commenced,
other than by the City, until after the expiration of
the period of effectiveness of this Order.
C. Pursuant to the terms and conditions of this Development
Order adopted pursuant to Section 380.06, Florida
Statutes, the City will issue numerous permits and
approvals for the various phases of this Project. It is
acknowledged that under Section 380.07, Florida
Statutes, the Tampa Bay Regional Planning Council has
the right to appeal to the Florida Land and Water
Adjudicatory Commission any deviation from or amendment
to this Ordinance.
D. The definitions contained in Chapter 380, Florida
Statutes (1981), shall control the interpretation and
construction of any terms of this Order. As used herein
the term "commitment" or "funding commitment" shall mean
the inclusion of the improvement in any governmental
agency's capital improvement program, including but not
limited to the FDOT Five Year Work Program and the
Pinellas County I•iPO Transportation Improvement Program
or a written representation by the Developer acknowl-
edging its assumption of the responsibility for funding
and constructing the improvement.
-24-
E. This Order shall remain in effect for a period of twenty
(20) years from the effective date of this Ordinance;
providing however that a preliminary site plan for Phase
I is submitted and approve.d within one (1) year from
said effective date and reasonable continuous progress
is made toward the completion of this Project during the
duration of this Order. If the Project is discontinued
for any consecutive period of two (2) years, this Order
shall expire and no further development shall occur
prior to the reinstatement of this Order by specific
action of the City Commission. The Project shall not be
deemed to have been discontinued so long as the
Developer is actively involved in Project leasing
activities, managing the Project, or operating under an
approved site plan of the Project. Nothing herein
contained shall be construed as requiring that con-
struction activity be engaged in by the Developer within
any two (2) year period. Any development activity,
wherein plans have been submitted to the City for its
review and approval prior to the expiration date of this
Order, may be completed,.if approved. This Order may be
extended by the City upon the finding of just cause.
Nothing in this Ordinance shall deny the Developer, its
successors or assigns the right to petition for an
amendment to this Ordinance, if the review requirements
of the TBRPC are amended significantly in regard to
traffic or other regional impacts, if background or
site-generates traffic volumes differ significantly from
those projected in the ADA, or if there is evidence of
other changes in conditions revealed during the moni-
toring process.
F. This Order shall be binding upon the Developer, and its
assigns, or successors in interest.
-25-
G. Any reference herein to any governmental agencies
shall be construed to mean any future instrumentality
which may be created or designated as successor in
interest to, or which otherwise possesses any of the
powers and duties of any referenced governmental agency
in existence on the effective date of this Order.
ti. The City Clerk is directed to send copies of this Order,
within five (5) days of the effective date of this
Ordinance, to the Developer, the DCA and the TBRPC.
I. The Developer shall record a notice of adoption of this
Order as required pursuant to Section 380.06(14)(d),
Florida Statutes (1981), and shall furnish the City
Clerk a copy of the recorded notice.
J. This Order shall be deemed rendered upon transmittal of
copies hereof to the recipients specified in Chapter
380, Florida Statutes.
Section 6. Plan Conformity - The City does hereby certify
that the measures contained in this Ordinance are consistent and
in conformance with the City's Comprehensive Plan and individual
elements thereof adopted pursuant to the LGCPA and directs that
same be forwarded to the LPA for their receipt and appropriate
action.
Section 7. Interpretation - Completion of scheduled or
actual improvements delayed or prevented by extraordinary
circumstances outside of the City's control, such as acts of God,
shall not be considered a breach of this Order. In the event of
any such delay the City shall notify the Developer and TBRPC.
Acceptance by the City of funding contributions specified in this
Order shall not relieve the Developer of meeting and satisfying
the other applicable terms of this Order. Said acceptance by the
City shall not preclude the City from amending its land develop-
ment or building regulations applicable to this Project so long
as said amendments are not administered in a manner inconsistent
with this Order.
-26-
Section 8. Repealer - All ordinances or parts of
ordinances in conflict herewith are to the extent of such
conflict hereby repealed.
Section 9. Separability - Should any part or provision
of this Ordinance be declared by a court of competent jurisdic-
tion to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part
declared to be invalid; provioed however that any such finding of
invalidity shall automatically authorize the City, the TBRPC, the
DCA or the Developer to request a determination under the
provisions of Chapter 380, Florida Statutes relative to sub-
stantial deviation.
Section 10. Notice - Notice of the proposed enactment
t of this Ordinance has been properly advertised in a newspaper of
general circulation in accordance with Section 166.041, Florida
Statutes.
Section 11. Effective Date - The provisions of this
Ordinance shall take effect as provided in Chapter 380, Florida
Statutes.
PASSED ON FIRST READING August 18, 1983
PASSED ON SECOND AND FI14AL
READINIG AND ADOPTED September 1, 1983
AS AMENDED
/s/ Kathleen F. Kelly
Hayor-Commissioner
Attest:
/s/ Lucille Williams
ity C er
Ordinance #3287-83
PASSED ON FIRST READING October 20, 1983
AS AIdENDEU
PASSED ON SECOND AND FINAL
READING AND ADOPTED October 20, 1983
./s/ Kathleen F. Kelly
Mayor-Commissioner
Attest:
/s/ Mary Sue Lamkin
Ueputy City Clerk
- 27 -
LIST OF EXHIBITS
EXHIBIT "A" - Legal Description of Park Place
EXHIBIT "B" - First Amended and Restated Annexation Agreement
EXHIBIT "C" - Application for Development Approval, As
Amended, and Traffic Supplement
EXHIBIT "D" - Conceptual Master Plan for Park Place
EXHIBIT "E" - Road Improvements, to be Wholly or Partially
Financed by Park Place
EXHIBIT "A"
LEGAL DESCRIPTION OF PARK PLACE
Commence at the center of Section 17, Township 29 South, Range 16 East,
Pinellas County, Florida and go S 89°46'01" W, 660.00 feet, along the
South boundary of the Northwest 1/4 of said Section 17 (the East-West
centerline of said Section 17;) thence N 00°19'21" W, 50.00 feet, to a
point on the North right-of-way line of Gulf-to-Bay Boulevard - State
Road 60 for a POINT OF BEGINNING; thence, following said North right-of-
way line, S 89°46'01" W, 58.49 feet; thence N 00°13'59" W, 1-0.00 feet;
thence S 89°46'01" W, 1319.21 feet; thence, leaving said North right-
of-way line, N 01°04104" E, .599.99 feet; thence S 89°46'01" W, 198.43
feet; thence N 00°52'21" E, 554.70 feet; thence S 89°5449" W, 400.06
feet, to a point on the East right-of-way line of U.S. Highway 19; thence,
following said East right-ofway line, N 01°04'04" E, 28.15 feet; thence
along a curve to the right that has a radius of 192.00 feet, an arc
length of 72.82 feet, a chord length of 72.39 feet, a chord bearing of
N 11°56'04" E, thence N 22°47'58" E, 11.93 feet; thence along a curve to
the left that has a radius of 238.00 feet, an arc length of 16.13 feet, a
chord length of 16.13 feet, a chord bearing of N 20°51'27" E, to a point
on the North boundary of the Southwest 1/4 of the Northwest 1/4 of said
Section 17; thence, leaving said East right-of-way' line of U.S. Highway
19, N 89°54'49" E, 1222.19 feet, along the North boundary of the Southwest
1/4 of the Northwest 1/4 of said Section 17 to the Southwest corner of
the Northeast 1/4 of the Northwest 1/4 of said Section 17; thence
N 00°22`28" E, 1337.33 feet,' along the West boundary of the Northeast 1/4
of the Northwest 1/4 of Section 17 to the Northwest corner of said
Northeast 1/4 of the Northwest 1/4; thence S 89°56'11" E, 1312.06 feet,
along the North boundary of said Northeast 1/4 of the Northwest 1/4 to a
point on the West right-of-way line of Hampton Road - County Road 144;
thence S 00°19'21" E, 2337.71 feet, along said West right-of-way line;
thence S 89°46'01" W, 627.00 feet; thence S 00°10'21" E, 280.00 feet, to
the POINT OF BEGINNING, containing 99.133 acres, more or less.
Subject to easements and rights-of-way of record.
Information taken from survey by Lloveras, Baur & Stevens, Consulting
Engineers-Land Surveyors, Clearwater, Florida, February 23, 1982.
A- 1.
EXHIBIT "B"
FIRST AMENDED AND RESTATED
ANNEXATION AGREEMENT
THIS FIRST AMENDED AND RESTATED ANNEXATION AGREEMENT is made
this day of September, 1983, among the CITY OF CLEARWATER,
FLORIDA ("City"), MDC ASSOCIATES 81-A, LTD., a Georgia limited
partnership, METRO DEVELOPMENT CORPORATION, a Georgia corpora-
tion, OR ASSIGNS (."Developer").
W I T N E S S E T H:
WHEREAS, Sidney Colen ("Colen") owns the real property
described on Attachment.l. attached hereto ("the Annex Property")
and the real property described on Attachment 2. attached hereto
(wh-ich real property together with the Annex Property is some-
times.hereinafter collectively referred to as the "Project
Prope.rty") which he has agreed under certain circu:istances to
convey to Developer; and
WHEREAS, Developer wishes for the'Annex Property to be
annexed into the City.provided that the City agrees to certain
conditions relative to the Project Property; and
WHEREAS, the City wishes to annex the annex Property to be
annexed into the City provided that the Developer agrees to
certain conditions relative to the Project Property; and
WHEREAS, Colen has heretofore filed with the City a Petition
for Annexation and Zoning and an Application to Amend Land Use
Plan relative to the Annex Property; and
WHEREAS, on August 13, 1982, the City and Developer entered
into an Annexation Agreement whereby the Project Property may be
annexed into the City, which Annexation Agreement is recorded in
O.R. Book 5397, pages 2022 through 2031, inclusive, of the Public
Records of Pinellas County, Florida; and
WHEREAS, on July 16, 1982, the Developer filed an Applica-
tion for Development Approval of a Development of Regional Impact
("DRI") with the City and other appropriate agencies; and
B - 1 .
WHEREAS, on October 11, 1982, the Developer filed with the
City an Amendment to the Application for Development Approval and
submitted copies of the Amendment to all appropriate agencies;
and
WHEREAS, the Developer has made substantial changes to the
original Conceptual Development Plan (the "Plan"), attached as
Exhibit.C to, the A-nnexati on Agreement; and
WHEREAS, the City and Developer have agreed to other changes
in the Annexation Agreement; and
WHEREAS, the parties wish to amend the Annexation Agreement
relative to the Project. Property;
NOW, THEREFORE, in consideration of the mutual promises
herein contained, the•parties amend and restate the Annexation
Agreement in its entirety as follows:
1. Recitals. The foregoing recitals are true and correct..
2. Annexation. Simultaneously with the approval of this
Agreement by the City, the City shall conclude annexation of the
Annex Property.
3. Conceptual Development Plan. Immediately following the
effectuation of the annexation of the Annexed Property, the City
shall issue its Development Order relative to the Project
Property. The Conceptual Development Plan attached to the
Development Order as Exhibit "D" shows the general parameters for
development of the Project Property. Any development of the
Project Property by Developer shall be in substantial compliance
with these parameters. All site and engineering plans, building
plans, DRI Studies, or amendments or addenda thereto, or other
sinilar documents or applications relative thereto, that are
submitted by Developer to the City and are consistent with the
proposed development as shown on the Plan and as are consistent
with the Development Order adopted by the City as Ordinance No.
3205-83 of which this amended agreement is a part, shall be
expeditiously processed by the City.
5 - 2 .
4. Parkland Dedication. The City's parkland dedication
requirement shall be satisfied in full upon the payment by-the
Developer to an independent trustee designated by the City of the
sum of $600,000.00, such payment to be made within five (5) days
following the effective date of the Development Order. This sum
shall be invested in an interest bearing account as directed by
the City. with*the interest. to accrue to the benefit of the City.
The developer shall exercise its-best efforts for 'a period of
twelve (12) months from the effective date of the Development
Order, to locate and acquire, upon terms mutually acceptable to
the Developer and the City, a recreational facility acceptable to
the City in the City's sole discretion. In the event that
Developer is successful in contracting for the acquisition of
such "a facility, then the City shall authorize the trustee to
disburse so much of the funds held by it as may be necessary to
close the acquisition contracted for by the Developer for f
conveyance to the City. The balance of the funds held by the
trustee, if any, shall be paid over to the City. The City may,
in its sole discretion, choose to assume any mortgages that may
encumber such a facility, or contribute toward the purchase price
of such a facility, or both.
At any time prior to the Developer contracting for acquisi-
tion of such a facility upon written notification by the City to
the Developer and the trustee, the trustee shall promptly pay
over to the City the funds, including interest, held by it.
Upon the earlier of (i) twelve (12) riionths from the
effective date of the Development Order, (ii) the consummation of
the acquisition of such a facility or (iii) the payment to the
City of the funds held by the trustee, the Developer shall be
relieved of any further obligation under this paragraph.
5 - 3 .
In the event that the Developer is not successful in
contracting for the acquisition of an acceptable recreation
facility within-12 months, the sum of $600,000 plus interest
shall be paid over by the Trustee to the City. Prior to approval
of the preliminary site plans for Phases II and 11.1 of Park
Place, the City shall prepare a report describing the recreation
lands and facilitiBs or open space lands which have been acquired
with the funds provided by the Developer, as well as any unex-
pended balance of the funds or interest that has accrued. In
consideration of transportation needs in the Project area, the
City Commission may elect -to'use any unexpended parkland monies
to-support improvements to the transportation system provided
that a minimum of 5240,000 (which equates to four (4) percent of
the purchase price of the Project Property) be expended for
public parkland/open space purposes.
5. Land Use Designation and Zoning. Upon annexation of the
Annex Property into the City, the Land Use Plan designation and
Zoning Atlas category for each phase thereof shall be as set
forth in the annexation, land use plan and zoning ordinances
respectively. The portion of the Project Property already
within the City's limits shall continue with the same Land Use
Plan designation and Zoning Atlas category as in effect on
July 15, 1982. Nothing herein shall preclude the subsequent
amendment of the Land Use Plan or Zoning Atlas categories or the
applicable requirements thereunder, except that development shall
be entitled to proceed in accordance and consistent with the
specific authorization of the Development Order and the City Code
of Ordinances in effect at the time of application for final site
plan approval.
6. Utilities Service.
(a) Sewer. According to Developer's proposed phasing
schedule for the proposed development, average daily s-.ver
service requirements, by Phase and cumulatively, will be as
follows:
B - 4.
PHASE RETAIL (MGD) OFFICE (MGD) TOTAL (MGD)
I .023 .037 .060
II 0 .024 .024
III 0 .022 .022
TOTAL .023 .083 .106
Because of the magnitude of the proposed development and the
length of the term over which it will be in process, City and
Developer recognize the need for maximum certainty regarding the
availability of sewer-service for the proposed development. The
City at its cost shall provide sewer service along U.S. Highway
19, Gulf-to-Bay Boulevard, brew Street, and Hampton Avenue
adequate and available fo.r use to serve the Project Property.
(b) Water. Water service is available to the Project
Property from water lines along U.S. Highway 19, Gulf-to-Bay
Boulevard, Drew Street, and Hampton Avenue. The projections of
average daily water demand, by Phase and cumulatively, based.on
the Developer's proposed phasing schedule for the project are as
follows:
PHASE RETAIL (MGD) OFFICE (MGD) TOTAL (MGD)
I .023 .037 .060
II 0 .024 .024
III 0 .022 .022
TOTAL .023 .083 .106
The sizes of the water lines presently in place are sufficient to
service the above described estimated water needs of the proposed
project.
(c) Natural Gas. The City shall at its expense
install a natural gas distribution system serving the Project
Property where such installation expense can be recovered within
a reasonable time based upon projected revenues to be generated
by such system. Where gas mains are not located within dedicated
rights-of-way or easements, easements shall be provided by
Developer for said mains at no expense to City.
B - 5.
7. Roads and Signs. If Developer constructs roads on the
Project Property in general conformance with the design shown on
Exhibit "D" of the Development Order and in locations and to
specifications acceptable to the City, then City shall accept any
such road dedicated by Developer to the public or the City.
Developer agrees that if such roads are dedicated, it will agree
to maintain all median areas and shall provide reasonable
liability insurance to City with respect to such medians. City
recognizes the unique nature of the proposed development and
agrees that business identification signs otherwise consistent
with City sign regulations.and subject to site plan review
requirements, including sign size, design, and location, may be
placed and maintained.-within publicly dedicated right-of-way so
long.as no danger to'vehicular or pedestrian traffic is imposed
thereby.
8. Access Easement. Upon annexation of the Annex Property.,
the-City shall by separate instrument reasonably satisfactory to
Developer, grant to Developer, its successors, assigns, guests
and invitees, a right-of-way easement in a location and of a
design reasonably acceptable to City for ingress, egress, and
utilities over and under the real property described on
Attachment 3. attached hereto. The term of such easement shall
be the maximum permitted by law. The relocation and adjustment
of existing facilities within said easement shall be at
Developer's expense.
9. Access to Out Parcels. The City agrees not to prevent
the right of ingress and egress to the out parcels fronting on
State Road 60 provided that a maximum of two (2) points of
ingress and egress to State Road 60 shall be permitted east of
the main project entryway and a maximum of two (2) points of
ingress and egress to State Road 60 shall be permitted west of
the main project entry.
3 - 6 .
10. Development of Regional Impact. Developmnent of the
Project Property constitutes a DRI as defined in Florida -
Statutes, Chapter 380. The City agrees that compliance by the
Developer with the provisions of Chapter 380 is in addition to
and complimentary to the initial Community Impact Statement
("CIS") prepared for the Project Property by the Developer. The
DRI process, contt.ituting a more comprehensive and complete
evaluation of project.impacts, supplants and supersedes the CIS
wherever the two may be inconsistent and precludes the necessity
of submitting any additional'CIS for each phase or tract of-the
project.
11. Renedies. The parties recognize that damages fora
breach by either party of the terms of this Agreement or the
Devel-opment Order may be difficult or impossible to ascertain.
The parties further recognize that there may be no adequate
remedy at law for any such breach. Accordingly, the parties
agree that either mandamus, specific performance, or injunctive
relief. (either prohibitory or mandatory, both temporary and
permanent) is an appropriate remedy in the event of breach,
whether actual or anticipatory, of this Agreement or the
Development Order. In the event of any litigation arising out of
this Agreenent or the Development Order, the prevailing party
shall be entitled to recover its costs, including reasonable
attorney's fees.
12. Effective Date and Term. This Agreement shall be
effective upon its execution by the City and the Developer. This
Agreement shall be in effect for twenty (20) years following the
effective date of the Development Order.
13. Binding Agreement. This Agreement shall be binding on
and inure to the benefit of the parties and their respective
successors and assigns.
3 - 7.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY
A t t e
d I C i t: l By
t erc
Witnesses:
CLEARWATER,
Counter-
signature
DA
1 t? i1arfager
avor- omm?ss?oner
Approved as to-form and
correctness.
I
I ty Attorney
' i "CITY"
MDC ASSOCIATES 81-A. LTD., a
Georgia limited partnership
RE31.27
By: enera a r t n e r
"DEVELOPER"
B - 8.
NORTH PARCEL
DESCRIPTIO17 :
Begin at the northwest corner of the N.E. 1/4 of the N.W. 1/4 of
Section 17, Township 29 South, Range 16 East, Pinellas County,
Florida and go S. 89°-56'-11" E., 1312.06 feet; along the north
boundary of said N.E. 1/4 of the N.W. 1/4 of Section 17, to a
point on the west right-of-way line of Hampton road - County Road
No. 144; thence S. 00°-19'-21" E., 1333.85 feet, alonc said west
right-of-way line to a point on the south boundaryO of theN.E.
1/4 of the N.W. 1/4 of said Section 17; thence S. 89 -54'-49" W.,
1328.31 feet, along the south boundary of the N.E. 1/4 of the
N.W. 1/4 of said section 17; thence N. 00°-22-28" E., 1337.33
feet, along the west boundary of the N.E. 1/4 of the N.W. 1/4 of
said Section 17, to the Point of Beginning. Containing 40.477
acres, more or less.
SOUTH PARCEL
DESCRIPTION:
Commence at the southeast corner of the N.W. 1/4 of Section 17,
Townsip 29 South, Range 16 East, Pinellas County, Florida and go
N. 00'-'-19'-21n W., 330.00 feet; along the east boundary of said
N.W. 1/4; thence S. 89°-46'-41" W., 33.00 feet, to a point on the
west right-of-way line of Hampton Road-County Road No. 144 for a.
Point_of Beginning; thence -S. 89°-46'-O1" W., 1998.14 feet, along
a line 330.00 feet north of and parallel to the south boundary of
said N.W. 1/4 of Section 17; thence N. 01°-04'-04" E., 229.92
feet; thence S. 89°-46'-01 W., 198.43 feet; thence N.
00°-52'-21" E. 554.70 feet; thence S. 89°-84'-49" W., 174.94
feet; thence N. 00°-53'-42" E., 125.02 feet, to a point on the
north boundary of the S.W. 1/4 of the N.W. 1/4 of said Section
17; thence N. 89°-54'-49" 2349.30 feet, along the north
boundaries of the S.W. 1/4 and S.E. 1/4 of said N.W. 1/4 or
Section 17, to a point on the west ri Int-of-way line of Hampton
Road-County Road No. 144; thence S. 00°g-19'-21" E., 1003.86 feet,
along said west right-of-way line, to the Point of Beginning.
Containing 49.496 acres, more or less.
- P_TT=C -LN! NT 1
B - 9.
Dt-SCRZPTION:
Commence at the southeast corner of the 11.11. 1/4 of Section 17,
Township 29 South, Range 16 East, Pinellas County, Florida and go
S. 89°-46'-O1" W., 660.00 feet, along the south boundary of said
N.W. 1/4 (centerline of Gulf-to-Bay Boulevard - State Road 140.
60) ; thence N. 00°-19'-21" W., 50.00 feet, to a point on the
north right-of-way line of Gulf-to-Bay Boulevard; for a Point of
Bec_'ning; thence, follcwi_n-g said north right-of-way line, S.
89°-46'-O1" Wbi 56.49 feet; thence N. 00 -13'-59" W., 10.00 feet;
thence S. 89°-46'-O1" W., 1319.21 feet; thence, leaving said
north right-of-way line, n. O1°-04'-04" E., 270.07 feet; thence
N. 89°-46'-O1" E., 1371.13 feet, along a line 330.00 feet north
of and parallel to, the south boundary o.f said N.W. 1/4 of
Section 17; thence S. 00°-19'-21" E., 280.09 feet, to the Point
of Beginning. Containing 8.533 acres, more or less
ATTACr:I-i-ENT 2
B - 10.
This property is the City well site property fronting on U.S.
Highwa-y 1° service road north o.-". State Road 60. tin accurate
legal description mutually acceptable to City and Developer shall
be prepared and substituted for this Attachment 3.
ATTAC r= T 3
D - 11.
EXHIBIT "C"
APPLICATION FOR DEVELOPMENT APPROVAL
AS AMENDED. AND TRAFFIC SUPPLEMENT
C - 1.
t '
EXHIBIT "D"
CONCEPTUAL MASTER PLAN FOR PARK PLACE
D - 1.
I
I.OTES -- L ; sTZ r,--
i. THIS IS A CONCEPTUAL PLAN AND IS - I
NOT TO BE USED FOR CONSTRUCTION.
2. LOCATIONS OF BUILDINGS ARE SUBJECT
------
TO CHANGE. ~ f // ?J\ f \?\ \\ \I
g; PREFERRED PARKING AND BUS SERVICE
PROGRAMS WILL BE FURTHER DELINEATED ?'_ 1J 1 cr 7? i \ ?? ?. `
, /
AS T.S.M. PLANS ARE PREPARED. _-
y y/mil (.RV UCS.G{ ti_ i.?fG$ ?\
4. PROJECT WILL CONSIST OF THREE PHASES
PER THE A.D.A. i PHASES ARE SUBJECT \ . '•' ! . \?-' PHAZSC___ID_-?• i
TO CHANGE. `
1/-'- i '^?? 1 `?`•?.q'`\ \? -J'610?iti Z>t ?LLDMC?L _? ''•' ?
r PHASE
i stony oti1CE OLKIDP'IGS 1 - - /---
'
' Y `
--.--. - • APPROXIMATE LOCATI N O?US'LOIDIHI?? ' •'I'?II' O
- ?.
IrT
l \T IyfOFF?tCEI ? ?`• ?:? , ,, a .. ." '
v Cr.
IIL?
AL'
L ??r," TO E Bt}?NGS / J
_ A
J <
J I i 7 r n w 'i / Its `'- f / ?/ 1
OUT OUT:PARCEL6S,
PARCEL I _.._?....?•..... ; ,
.1G.-Y 60
','CULT TO BAr 80ULE VARD 1
CONCEPTUAL MASTER PLAN
Ll .?
Metro Development Corporation Post, Buckley, Schuh & Jernigan, Inc.
' ze,,,Lr,ISEil
.uo ,
a
EXHIBIT "E"
Road Improvements, To Be Wholly Or Partially Financed by Park Place
TOTAL (T) OR
PHASE IMPROVEMENT PARTIAL (P) FUNDING
I S.R. 60/14all Drive, turn T
lanes
I Traffic Signal, S. project T
entry
I Traffic Signal, Gulf-to-Bay T
at Hampton
I Gulf-to-Bay at Hampton, T
turn lanes
II Extend and widen Drew Street, P
U.S. 19 to McMullen-Booth Road
as provided in subsection 4.F.1.b.
II U.S. 19/S.R. 60, P
subsection 4.F.2. improvements
II U.S. 19/Belleair Road, P
subsection 4.F.3.,
improvements
II Belcher, Sunset Point Road, P
subsection 4.G.2. improvements
III Widen Hampton, from S.R. 60 T
to Drew
III Traffic signal, Drew and T
Hampton
III Belcher Road at S.R. 60, P
subsection 4.G.3. improvements
III U.S. 19/Belleair Road, P
subsection 4.G.1.,
improvements
Amount of Park Place Contribution, By Phase:
PHASE I = $247,383
PHASE II = 222,451
PHASE III = 160,942
TOTAL = S630,776 (plus interest)