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ORDINANCE NO. 6107-96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 3205 -83, AS
AMENDED BY ORDINANCE NO. 3287 -83, ORDINANCE
NO. 5142 -91 AND ORDINANCE NO. 5722 -95, A
DEVELOPMENT ORDER ISSUED PURSUANT TO
CHAPTER 380, FLORIDA STATUTES, FOR PARK PLACE,
A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING
FINDINGS OF FACT; PROVIDING CONCLUSIONS OF
LAW, PROVIDING A CONVERSION FACTOR FOR RETAIL
COMMERCIAL, OFFICE AND HOTEL DEVELOPMENT;
REFLECTING THE CURRENT OWNERSHIP AND
CONFIGURATION OF THE PARCELS OF THE
DEVELOPMENT; DETERMINING THAT SAID
AMENDMENTS ARE CONSISTENT WITH THE ADOPTED
COMPREHENSIVE PLAN; PROVIDING FOR PROPER
NOTICE OF PROPOSED ENACTMENT; AND PROVIDING
FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, on September 1, 1983, the City Commission adopted Ordinance No.
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 (the "Development "); and
WHEREAS, on October 20, 1983, the City Commission adopted Ordinance
No. 3287 -83, an amendment to the Development Order and readopted Ordinance
No. 3287 -83 on December 8, 1983; and
WHEREAS, on December 19, 1991, the City Commission adopted Ordinance
No. 5142 -91, an Amendment to the Development Order; and
WHEREAS, on January 19, 1995, the City Commission adopted Ordinance
No. 5722 -95, an Amendment to the Development Order; and
WHEREAS, on August 8 , 1996, Park Place Land, Ltd., a Florida limited
partnership, the owner of certain undeveloped areas of the Development, filed an
application entitled "Notification of a Proposed Change to a Previously Approved
Development of Regional Impact ( "DRI ") pursuant to Subsection 380.06(19), Florida
Statutes" (the "NOPC") with the City of Clearwater (the "City"), with copies provided to
the Tampa Bay Regional Planning Council (the 'TBRPC ") and the Florida Department
of Community Affairs (the "DCA "); and
Z Ordinance No. 6107 -96
WHEREAS, the NOPC proposes to amend the Development Order to (i) provide a
land use conversion factor for Parcel 4 shown on Exhibit "B" attached hereto and
incorporated herein for the conversion of approved retail commercial development to
office and /or hotel development and (ii) reflect changes in the ownership and
configuration of the parcels of property within the Development (collectively, the
"Proposed Changes "); and
WHEREAS, the ownership of the Development is as shown on Exhibit "B"
attached hereto and incorporated herein; and
WHEREAS, portions of the Development are individually referred to herein by the
Parcel Numbers shown on Exhibit "B" attached hereto and incorporated herein; and
WHEREAS, certain of the Proposed Changes, combined with previous
amendments to the Development Order, are presumed to create a substantial
deviation, pursuant to Subsection 380.06(19), Florida Statutes; and
WHEREAS, the NOPC has satisfactorily addressed all regional issues related to
the Development and the presumption of a substantial deviation has been rebutted; 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 applications for proposed changes to previously approved
DRIB; and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes, and
the City have been satisfied; and
WHEREAS, the City Commission has reviewed the NOPC, as well as all related
testimony and evidence submitted by each party and members of the general public.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Sectig�n 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
general 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 No. 3205-
83, and amended by Ordinances No. 3287 -83, No. 5142 -91, and No. 5722-
95, is a valid final development order within the provisions of Section
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Ordinance No. 6107 -96
163.3167(8), Florida Statutes, affecting the property described on
Exhibit "A" attached hereto and incorporated herein.
B. Park Place Land, Ltd., a Florida limited partnership, the owner of Parcel 4
of the Development as shown on Exhibit "B," has proposed the following
amendments to the Development Order:
1. Adding a land use conversion factor for Parcel 4 for the conversion
of approved retail commercial development to office and /or hotel
development; and
2. Reflecting changes in the ownership and configuration of the parcels
of property within the Development; and
3. Modifying certain provisions of the Development Order to be
consistent with changes described in the NOPC.
C. A comprehensive review of the impacts generated by the Proposed
Changes, together with all previous amendments, has been conducted by
the City's departments, the TBRPC and the DCA.
D. The Proposed Changes are not located in an area of critical state concern
designated as such pursuant to Section 380.05, Florida Statutes (1993).
E. The Proposed Changes, 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 Application for Development Approval ( "ADA ").
F. The Proposed Changes heretofore approved are determined not to be a
substantial deviation to the Development Order.
5g& Qh 3. Conclusions of Law -The City Commission, having made the above
findings of fact, reaches the following conclusions of law:
A. The Development as built to date is consistent with the local
comprehensive plan and local land development regulations under which it
was developed.
B. The Development as modified herein, and as depicted on the Revised Map
H, Master Plan, attached hereto as Exhibit "C," will not unreasonably
interfere with the achievement of the objectives of the adopted state land
development plan applicable to the area.
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Ordinance No. 6107 -96
C. The Proposed Changes are consistent with the local land development
regulations currently in effect.
D. The Proposed Changes, 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 TBRPC and DCA, over those treated
under the Development Order. The Proposed Changes, therefore, do not
constitute a "substantial deviation" from the Development Order, pursuant
to Chapter 380.06, Florida Statutes. The Proposed Changes are exempt
from the provisions of Ordinance No. 4983 -90, City of Clearwater and the
Park Place DRI remains vested thereunder.
E. 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 Changes to the Development Order as
approved by this ordinance.
F. The Proposed Changes are within the threshold guidelines of Ordinance
No. 4983 -90 of the City, relating to determinations of vested development
rights, and the Park Place DRI remains vested thereunder.
G. These proceedings have been duly conducted pursuant to applicable law
and regulations, and based upon the record in these proceedings, the
various departments of the City, Park Place Land, Ltd., and other owners of
the Development are authorized to approve /conduct development as
described herein.
H. 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 to be as shown on Exhibit "C 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 "C."
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Ordinance No, 6107 -96
B. Section 4.C. of the Development Order is amended to read:
4.C. The Project is approved for a total maximum floor area of 1,145,520
square feet, comprised of a maximum 795,520 square feet of office
use, a maximum 200,000 square feet of industrial use and a
maximum 150,000 square feet of retail commercial use, subject to
the conversion factor set forth in Subsection 4.A.A. The permitted
maximum floor area is to be approved subject to the FAR limitations
set forth below.
C. Subsection 4.A.A. of the Development Order is amended to add the
following:
Conversion factors to permit (i) 1,000 square feet of retail
commercial development to convert to either (x) 2,875 square feet
of office development or (y) 11.96 hotel rooms and /or (ii) 1,000
square feet of office development to convert to 4.16 hotel rooms are
hereby established for the retail commercial area shown as Parcel 4
on Exhibit "B." These conversion factors are set forth in the
following table:
LAND USE TRADE-OFF-RAM
PARCEL 4
::..:::...4w :c�J!!11t°�iE.11 : <::::::
1,000 sq. ft. Retail 2,875 sq. ft. Office
1,000 sq. ft. Retail 11.96 Hotel Rooms
1,000 sq. ft. Office 4.16 Hotel Rooms
Notwithstanding the foregoing, development on Parcel shall be
limited as follows:
*Square feet of floor area
—rooms
Thirty (30) days prior to issuance of any permit which utilizes the
conversion factors, DCA and TBRPC shall receive notice, from the
Developer, of the proposed use of the conversion ratio.
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Ordinance No. 6107 -96
MINteeuM
M�vcIMUM
Office
0*
130,505*
Hotel
0 **
224 **
*Square feet of floor area
—rooms
Thirty (30) days prior to issuance of any permit which utilizes the
conversion factors, DCA and TBRPC shall receive notice, from the
Developer, of the proposed use of the conversion ratio.
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Ordinance No. 6107 -96
D. The following subsection is added to the Development Order as Subsection
4.E.E.:
E.E. Prior to the issuance of any development permit for any portion of
Parcel 4, the owner of Parcel 4 shall grant to the City a perpetual
non - exclusive easement for pedestrian ingress and egress and
construction and maintenance of a sidewalk at the City's cost. Such
easement shall be ten feet (10') in width along the southerly
boundary of Parcel 4 and shall extend from the westerly boundary of
Parcel 4 to the easterly boundary of Parcel 4 ( "Sidewalk Easement ").
The City agrees that the Sidewalk Easement may be located within
any setback areas on Parcel 4 and shall not have the effect of
enlarging any Parcel 4 setbacks or otherwise reducing the
development rights for Parcel 4.
E. The following subsection is added to the Development Order as Subsection
4.F.F.:
F.F. The owner of Parcel 4 shall be entitled to curb cuts for the purpose
of access to and from Parcel 4 and Park Place Boulevard.
F. The amendments stated herein, together with all previous amendments, do
not constitute a substantial deviation, pursuant to Chapter 380.06, Florida
Statutes.
G. 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.
H. The City Clerk shall send copies of this ordinance, within five (5) days after
passage of this ordinance on second reading to Park Place Land, Ltd.,
DCA and TBRPC.
This ordinance shall be deemed rendered upon transmittal of copies hereof
to the TBRPC and the DCA.
J. 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 when filed as provided
by law, unless this ordinance is appealed, in which event this ordinance shall not take
effect until such appeal has been decided.
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Ordinance No. 6107 -96
0
�1
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Attest:
Cyiit 'a E. Goudoau
City Clerk
Annroved as to form and legal sufficiency:
T1 k 4— -
Pamela K. Akin
City Attorney
November 7, 1996
November 21, 1996
—dv— 4
Rita Garvey
Mayor - Commissioner
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Ordinance No. 6107 -96
EXHIBIT "A"
TO ORDINANCE NO. 6107 -96
-FGAL DESCRIPTION OF PARK P aC-E
Commence at the center of Section 17, Township 29 South, Range 16 East, Pinellas
c County, Florida and go S 89 °46'01" W, 660.00 feet, along the South boundary of the
Northwest 174 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 00 013'59" W, 10.00 feet; thence
S 29 °46'01" W, 1319.21 feet; thence, leaving said North right -of -way line, N 01 °04'04"
E, 599.99 feet; thence S 89 046'01" W, 198.43 feet; thence N 00 052'21" E, 554.70 feet;
thence S 89 05449" W, 400.06 feet, to a point on the East right - of-way line of U.S.
Highway 19; thence, following said East right -of -way line, N 01004'04" 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 11 056'04" 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 20 051'27" 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 89 054'49" 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 00 022'28" E, 1337.33 feet, along the West boundary of the
Northeast 114 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 00 019'21" E, 2337.71 feet, along
said West right -of -way line; thence S 89 046'01" W, 627.00 feet; thence S 00 010'21" 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.
Ordinance No. 6107 -96
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