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REVISED LEGAL DESCRIPTION DOWNTOWN DEVELOPMENT DISTRICT TO SEP-02-1993 10:34 FROM PLANNING & DEVELOPMENT I TO: FAX #: FROM: DATE: MESSAGE: FAX MESSAGE 6488 P.0l I CITY OF CLEARWATER DEPARTMENT OF PLANNlNG & DEVELOPMENT P.O. BOX 4748 CLEARWATER, FL 34618-4748 OmCE PHONE. (813) 462-6880 FAX PHONE - (813) 462-6476 Cyndie Goudeau Scott Shuford September 2, 1993 Do we (you) have a revised legal description for the Downtown eRA based upon the Commission's reinterpretation of eRA boundaries? If SOt I need it for the Downtown Development Plan. Thanks. NUMBER OF PAGES (INCLUDING THIS PAGE): 1 RECEIVED SEP 0 2 1993 CITY CLERK DEPT. TOTAL P.01 '1 / /~;~, . ,.j /(;, c?</"v,' /- .(;" '\ ,? J ( ITEM III. - Expansion of CRA boundaries in the North and South Corridor Areas State law requires that, prior to action on expansion of redevelopment area boundaries, the CRA shall recommend to the governing body (City Commission) whether or not the expansion should occur. During worksessions held on the Downtown Development Plan, the City Commission has indicated its desire to expand the Community Redevelopment area into two areas located on the periphery of the existing Urban Center (Eastern Corridor) district. Staff recommends these areas be included in the Downtown Community Redevelopment area. Scott Shuford, Planning Manager, indicated a general consensus had been reached regarding what to include in the CRA boundaries. He stated the Downtown Redevelopment Plan has been changed to address the areas that are proposed to be brought into the land use plan classification for the downtown but there be no immediate change to the zoning. These are the areas that had been proposed for expansion located on the west boundaries of the CRA, to the north and to the south of the existing boundaries. An opinion was expressed that there was no need to include the East End property in the CRA expansion as development on the East End should be market driven and did not need special consideration. The Executive Director indicated that while the CRA boundaries have varied over the years due to interpretations by the property appraisers, essentially the Annex property is within the CRA district. He reviewed the history of the boundaries. It was stated that the boundaries have changed as ownerships have changed and contiguous ownerships have been considered to be in the CRA district. A question was raised regarding whether or not it was the intent, at the time the CRA was established, to add property if individuals add to their property creating larger parcels. It was stated this is very dependant upon the interpretation of the legal description which states "properties fronting on Cleveland Street". A question was raised regarding what advantage there would be to adding additional properties to the CRA district, in particular, in the East End area. It was stated if additional properties in that area are included, CRA funds can be spent in that area for development purposes. It also provides for the greater condemnation authority of the CRA. It was stated CRA money could also be used for infrastructure improvements in that area. The downside to including would be that the tax revenue to the General Fund would be frozen at that particular point until the CRA is dissolved. An opinion was expressed that it would also be a disadvantage to those properties that have always been in the CRA and have been contributing all along. Another advantage pointed out by the Planning and Development Director was that this is a gateway to the downtown area and currently there are mixed zonings and land use plan designations. minCR 11.92 3 11/30/92 ) I A question was raised why the same philosophy applied to the western north and south areas that had been proposed for expansion could not be applied here. That is, change their land use plan designations to include them in the downtown land use plan but not their zonings and also not include them in the CRA district. It was stated this could be done but that when and if additional changes are desired, it would take longer to accomplish them. Mr. Shuford indicated staff has studied this and developed the downtown plan and believes the expansion is the appropriate action. The Executive Director indicated that once the boundaries are decided, the legal description will be amended to be specific as to what areas are within the CRA boundaries. He further stated that once the boundaries are set for the CRA, new ownerships will be dealt with on a case by case basis. A question was raised regarding what the intent was. The City Attorney indicated that by reading the ordinance, the Annex property was in, however, a straight line was drawn for properties fronting on Cleveland Street. This was a planning document versus an engineering' document with specific lot and block descriptions. It was agreed the CRA should determine what the current boundaries of the CRA are. A map was presented showing the original 1972 lines, the current property appraisers proposal for the boundary and city-owned property in the Annex area. Staff recommends that the property appraisers proposed boundaries be accepted with the exception of adding all contiguous city-owned property in the Annex area. Concerns were expressed regarding three lots to the south of the main Annex property which were proposed to be included in the CRA district. Member Deegan moved to establish the CRA boundaries per staff's recommendation minus the three lots to the south of the current City Hall Annex property. The motion was duly seconded and carried unanimously. Discussion returned to the expansion area. It was stated the CRA is to recommend to the City Commission whether or not to expand in area. The advantages and disadvantages of this expansion were reiterated with an. additional one being that the CRA would receive the County portion of the tax increment which if the area is developed, could be significant. In response to a question regarding whether or not properties which had been purchased by the City outside the CRA district could be reimbursed from the CRA if the boundaries were expanded to include those properties, the Executive Director indicated this was possible. A suggestion was made that the CRA boundary only be extended to Court Street with nothing south of Court Street included. minCR11.92 4 11/30/92 I I In response to a question, the Executive Director indicated there were warehouse developments, Stone Buick bodyshop, a few residential lots, autoparts businesses, church, dry cleaner and office buildings in the area. He indicated it was requested the CRA be extended to Court Street in order to protect that corridor. In response to a question, the Executive Director indicated that the increment would be frozen at the current level and that any redevelopment that takes place will significantly add to the taxes to be collected from the CRA district. Member Fitzgerald moved to recommend the expansion of the district but not to include any properties south of Court Street. The motion was duly seconded. In response to a question, Mr. Shuford indicated that all property owners in the area have received notices of the proposed changes and he had spoken to a number of the owners. He stated the main issue is the zoning change and he has worked with the property owners to resolve their concerns. It was stated that whether or not the CRA was expanded, zonings needed to be changed. An opinion was expressed that it was definite advantage to go ahead and make the zoning changes as it will simplify dealing with the Pinellas Planning Council. Mr. Shuford did agree that if the land use plan designation was changed to the downtown development district, the properties would not necessarily have to be in the eRA. The Executive Director indicated the present proposal for development of the Annex would require some additional properties be purchased and one of the key points is the CRA has condemnation authority the City Commission does not have. A question was raised regarding there having been a decision by the Commission not to purchase any more land and it was indicated no final decision had been made. The Executive Director reiterated the current proposal does require someone to buy additional property. Upon the vote being taken upon the motion to expand the CRA district, Members Fitzgerald, Berfield and Chairperson Garvey voted "Aye", Member Deegan voted "Nay". Motion carried. ITEM IV. - Adjournment: The meeting adjourned at 10:55 A.M. minCR 11.92 5 11/30/92 '8 ._~ ~ ') 11 \1 Downtown Development District (Map Attached) Beginning ;;I..t the corner of Osceola Aveoue <lnd JoneS Street rnnning E::t.st 00 Jooes Street to Myrtle Avenue:; thc.o South on MyrUe Avenue to Drew Stre:et; thence U3t on Drew Street to Pr03pect Street; thence South 00 Prospect Street.to Grove Stre:et; then East on Grove Stre:et to Gr'7err=o~d Avenue; theo So~th on Gree:n-wood Avr:.nue to Laura Str eet; then D s t (to include th03 e properties fronting on Cleveland Stre:et) to Fredrica Avc:nue; tben South on Fredrica Avenue to the 30uthcrly bouocarics of the propertic3 fronting 00 Cleveland Street; thc:.n We:'!t on Gose 30utbe:rly boundary lines to Maciison Avenue; thc:.n South on :: :amson Avenue to vacated Park Stre:et; then West to Wa:'!b..i.:::lgto:1l Avenue;.thc::n 'South 00 Washington Avenue to Gould Strec::t; thl~n West on Gould Street to Grcen-wood Avenue; then North on Grccn-=oo.ci _~vc::nuc to southerly boundary of Lots 24 :and 9 of Block "B" of Coachm:a.n Heights Subdivision; ,then West on the South lot lines of Lot 21> and 9 to Ewing Avenue; then South'on Ewing Avenue: to Court Street; then' U:lt on Court Street to Green-wood Avenue; then South on Grec:.D-wood Avenue: to the southerly boundaries of roes e prope rties fT onting on Che 5 tnut Str ee t; then V{ cst on thos e :;outherly bOtLDdarj,es to Myrtle Avenue; then South on Myrtle Aveoue: to Turner Street; then West on Turner Street to .=ast Avenue; then North on .East Aveoue to the southerly bOtLDdaries of those propertieS froDting ooChes t.nut Str e: et; then West 'on those s outbe rly property liDes to old ACL railroad right-of--way;' thence North OD that right-oI--way to Chestnut Street; then West 00 Chestnut Street to alley; then South on alley.t.o Rogers Street; then West on Rogers Street to South Fort Harriso~ Avenue:; then North 00 South Fort H~Trison AveDue to Cbestnut Stre:et; then "'est on Chestnut Street to Oak Avenue; theo North on Oak Avenue: to Court Street; then East on Court Street t\l Osceola Ave.Due; then North on Osceola Avenue to Jont:s Street .and the P. O. B., LESS.AND EXCEPT Lots 1 thru 4, inclusive, Block 7 and Lots 1 thru 4, inclusive, Block 8, of A. C. Turner.s Subdivision 1 st Addition as recorded in DEEDK-475 of the Public Records of Hillsborough County, florida, of ....,hich Pi:oella!l County "Was formerly a part and LESS AND EXCEPT Lots 1 th.r-u 4~ inclusive'and abutting vacated allers, and Lots 11 thru 14, inclusive and abutt:i..ng vacated allers, of Markley. s Addition, according to the map or plat thereof as recorded in Plat Book 1, page '97 of the Public Records of h-illsborough. County, Florida, of -whicb Pine]Jas County -=as iormc:r:ly a part. AND Beginning -wbere Jones Street ends at Cle~rwater Bay, running East on J.9nes Street to Osceola Avenue; then South on Osceola Avenul~ to Court Sl:reet; then West on Court Street to Oak Avenue; then South on Oa.k Avenue to Chestnut St:rl~et; Weston what would be Chestnut Street if c:.:ctended to ::learwater Bay. AND Lots 1 thru 1:. inclusive, Block 7 and Lots 1 thru 4. inc1u:live, Block 8, of !\.. C. T\U':1er' s Subdivision l!lt Addition a.s recorded in beed K-.f,:) '~ii the Public Records of Hillsborough County, florida, of 'w;rich Pinellas County was formerly a part. AND Lots 1 thru ~" inclus:Jve and a.butting vacated alleys, and Lots, 11 thru 14,. inclusive and I\butting vacated alleys. of Markley's Addition, ao,:ording to the map or plat thereoi as recorded in Plat Book 1, page 9~~ of t.he Public Records of Hillsborough County, Florida, of '/;!"hlch Pincllas County was forme rty a part. ;, .1 , I I '. " ': ; . i' [, , ' :' \:. \ , . " , , ,'; tl; ! " \:.:~ , :',;'. .1.' it. 1.,",'- t' I 1 ~ --- ITEM III. - Expansion of CRA boundaries in the North and South Corridor Areas State law requires that, prior to action on expansion of redevelopment area boundaries, the CRA shall recommend to the governing body {City Commission} whether or not the expansion should occur. During worksessions held on the Downtown Development Plan, the City Commission has indicated its desire to expand the Community Redevelopment area into two areas located' on the periphery of the existing Urban Center {Eastern Corridor} district. Staff recommends these areas be included in the Downtown Community Redevelopment area. Scott Shuford, Planning Manager, indicated a general consensus had been reached regarding what to include in the CRA boundaries. He stated the Downtown Redevelopment Plan has been changed to address the areas that are proposed to be brought into the land use plan classification for the downtown but there be no immediate change to the zoning. These are the areas that had been proposed for expansion located on the west boundaries of the CRA, to the north and to the south of the existing boundaries. An opinion was expressed that there was no need to include the East End property in the CRA expansion as development on the East End should be market driven and did not need special consideration. The Executive Director indicated that while the CRA boundaries have varied over the years due to interpretations by the property appraisers, essentially the Annex property is within the CRA district. He reviewed the history of the boundaries. It was stated that the boundaries have changed as ownerships have changed and contiguous ownerships have been considered to be in the CRA district. A question was raised regarding whether or not it was the intent, at the time the CRA was established, to add property jf individuals add to their property creating larger parcels. It was stated this is very dependant upon the interpretation of the legal description which states "properties fronting on Cleveland Street". A question was raised regarding what advantage there would be to adding additional properties to the CRA district, in particular, in the East End area. It was stated if additional properties in that area are included, CRA funds can be spent in that area for development purposes. It also provides for the greater condemnation authority of the CRA. It was stated CRA money could also be used for infrastructure improvements in that area. The downside to including would be that the tax revenue to the General Fund would be frozen at that particular point until the CRA is dissolved. An opinion was expressed that it would also be a disadvantage to those properties that have always been in the CRA and have been contributing all along. Another advantage pointed out by the Planning and Development Director was that this is a gateway to the downtown area and currently there are mixed zonings and land use plan minCR 11.92 3 11/30/92 I I designations. A question was raised why the same philosophy applied to the western north and south areas that had been proposed for expansion could not be applied here. That is, change their land use plan designations to include them in the downtown land use plan but not their zonings and also not include them in the CRA district. It was stated this could be done but that when and if additional changes are desired, it would take longer to accomplish them. Mr. Shuford indicated staff has studied this and developed the downtown plan and believes the expansion is the appropriate action. The Executive Director indicated that once the boundaries are decided, the legal description will be amended to be specific as to what areas are within the CRA boundaries. He further stated that once the boundaries are set for the CRA, new ownerships will be dealt with on a case by case basis. A question was raised regarding what the intent was. The City Attorney indicated that by reading the ordinance, the Annex property was in, however, a straight line was drawn for properties fronting on Cleveland Street. This was a planning document versus an engineering document with specific lot and block descriptions. It was agreed the CRA should determine what the current boundaries of the CRA are. A map was presented showing the original 1972 lines, the current property appraisers proposal for the boundary and city-owned property in the Annex area. Staff recommends that the property appraisers proposed boundaries be accepted with the exception of adding all contiguous city-owned property in the Annex area. Concerns were expressed regarding three Jots to the south of the main Annex property which were proposed to be included in the CRA district. Member Deegan moved to establish the CRA boundaries per staff's recommendation minus the three lots to the south of the current City Hall Annex property. The motion was duly seconded and carried unanimously. Discussion returned to the expansion area. It was stated the CRA is to recommend to the City Commission whether or not to expand in area. The advantages and disadvantages of this expansion were reiterated with an additional one being that the CRA would receive the County portion of the tax increment which if the area is developed, could be significant. In response to a question regarding whether or not properties which had been purchased by the City outside the CRA district could be reimbursed from the CRA if the boundaries were expanded to include those properties, the Executive Director indicated this was possible. minCR 11.92 4 11/30/92 I I A suggestion was made that the CRA boundary only be extended to Court Street with nothing south of Court Street included. In response to a question, the Executive Director indicated there were warehouse developments, Stone Buick bodyshop, a few residential lots, autoparts businesses, church, dry cleaner and office buildings in the area. He indicated it was requested the CRA be extended to Court Street in order to protect that corridor. In response to a question, the Executive Director indicated that the increment would be frozen at the current level and that any redevelopment that takes place will significantly add to the taxes to be collected from the CRA district. Member Fitzgerald moved to recommend the expansion of the district but not to include any properties south of Court Street. The motion was duly seconded. In response to a question, Mr. Shuford indicated that all property owners in the area have received notices of the proposed changes and he had spoken to a number of the owners. He stated the main issue is the zoning change and he has worked with the property owners to resolve their concerns. It was stated that whether or not the CRA was expanded, zonings needed to be changed. An opinion was expressed that it was definite advantage to go ahead and make the zoning changes as it will simplify dealing with the Pinellas Planning Council. Mr. Shuford did agree that if the land use plan designation was changed to the downtown development district, the properties would not necessarily have to be in the CRA. The Executive Director indicated the present proposal for development of the Annex would require some additional properties be purchased and one of the key points is the CRA has condemnation authority the City Commission does not have. A question was raised regarding there having been a decision by the Commission not to purchase any more land and it was indicated no final decision had been made. The Executive Director reiterated the current proposal does require someone to buy additional property. Upon the vote being taken upon the motion to expand the CRA district, Members Fitzgerald, Berfield and Chairperson Garvey voted "Aye", Member Deegan voted "Nay". Motion carried. ITEM IV. - Adiournment: minCR 11.92 5 11/30/92 . I I ADMINISTRATION ~ 22.42 of life which combines the conveniences and amenities of modern living with the traditions and pleasures of the past. (Laws of Fla., Ch. 70-635, ~ 3) " Sec. 22.42. Downtown area description. The downtown area included in this article shall be all those properties which lie within the perimeter described as follows: Beginning where Jones Street ends at Clearwater Bay running east on Jones Street to Myrtle Avenue; thence south on Myrtle Avenue to Drew Street; then east on Drew Street to Prospect Street; then south on Prospect Street to Grove Street; then east on Grove Street to Greenwood Avenue; then south on Greenwood Avenue to Laura Street; then east (to include those properties fronting on Cleveland Street) to Fredrica Avenue; then south on Fredrica Avenue to the southerly boundaries of the 'properties fronting on Cleveland Street; then west on those southerly boundary lines to Madison Avenue; then south on Madison Avenue to vacated Park Street; then west to Washington Avenue; then south on Washington Avenue to Gould Street; then west on Gould Street to Greenwood Avenue; then north on Greenwood Avenue to southerly boundary of Lots 24 and 9 of Block "B" of Coachman Heights Subdivision; then 'west on the south lot lines of Lots 24 and 9 to Ewing Avenue; then south on Ewing Avenue to Court Street; then east on Court Street to Greenwood Avenue; thpT" ~outh un lireenwood Avef,ue to the southerly boundaries of th..,.:': P~~l-',,;:,~~,t:::':l rronting on Chestnut Street; then west on those southerly boundaries to Myrtle A venue; then south on Myrtle Avenue to Turner Street; then west on Turner Street to East Avenue; then north on East Avenue to the southerly boundaries of those properties fronting on Chestnut Street; then west on those southerly property lines to old ACL Railroad right-of-way; then north on that right-of-way to Chestnut Street; then west on Chestnut Street to alley; then south on alley to Rogers Street; then west DD. Rogers Street to South Fort Harrison Avenue; then north on South Fort Harrison A venue to Chestnut Street; then west on Chestnut Street to Clearwater Bay. The board created in section 22.43 shall have the power from time to time by the following procedure to alter or amend the boundaries of the downtown area. The board shall first set a date for public hearing on the adoption of a resolution amending the description of the downtown area and shall cause a notice of the public hearing to be published in a newspaper of general circulation published in the city, which notice shall be published four (4) times, not less than thirty (30) nor more than sixty (60) days from the date of the hearing. The notice shall set forth the date, time and place of the hearing and shall describe the boundaries of the existing downtown area as defined herein and shall describe the changes to be made thereto. Additionally, the board shall cause to be mailed to each owner of the property, according to the tax collector's records existing in the county, a copy of the notice as published in the paper. After the public hearing, the board shall adopt a resolution defining the changes in the downtown area. The board shall not incorpora~ land into the district not included in the description contained in the notice of public hearing, but it may eliminate any lands from the area. A freeholders' referendum, as set out in section 22.51, shall then be held in connection. with any additions to the area defined in this section, with only those voting in the new' area being eligible to vote. However, if any deletion shall be Supp. No. 31 i. l.", ,,< ... 227