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LUZ2009-07002 - 1980 Kings Hwy - City Of ClearwaterLUZ2009-07002 1980 HINGS HIGHWAY CITY OF CLEARWATER PLANNER OF RECORD: CLL ATLAS # 251 B ZONING: MDR LAND USE: RM RECEIVED: 07/02/2009 INCOMPLETE: COMPLETE: MAPS PHOTOS STAFF REPORT: DRC: CDB: CLW CoverSheet CDB Meeting Date: October 20, 2009 Case Number: LUZ2009-07002 Owner/Applicant: Clearwater Village LLC/City of Clearwater Address: A Portion of 1980 Kings Highway Agenda Item: EE=S CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: Future land use plan amendment from the Residential Medium (RM) Classification to the Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) Classification. SITE INFORMATION PROPERTY SIZE: 96,268 square feet or 2.21 acres PORTION OF PROPERTY SUBJECT TO AMENDMENT: Transportation/Utility Overlay: 26,136 square feet or 0.60 acres mol Drainage Feature Overlay: 7,840 square feet or 0.18 acres mol Combined Transportation/Utility Overlay and Drainage Feature Overlay, a portion of which is included in both: 28,314 square feet or 0.65 acres mol PROPERTY USE: Current Use: Vacant Proposed Use: Vacant PLAN CATEGORY: Current Category: Residential Medium (RM) Proposed Category: Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) ZONING DISTRICT: Current District: Medium Density Residential (MDR) Proposed District: Medium Density Residential (MDR) Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 1 of 7 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Repoli doc EXISTING North: Vacant Residential, and Multi Family Residential SURROUNDING USES: West: Multi Family Residential South: Place of Worship East: Multi Family Residential, Single Family Residential, and Vacant ANALYSIS: This future land use plan (FLUP) amendment application is related to a previous land use and zoning amendment known as 1980 Kings Highway (LUZ2006-08004), which was requested by the previous owner, New Zion Missionary Baptist Church. The request was to change from the Institutional (INS) land use category to the Residential High (RH) category and to change the zoning from the Institutional (I) District to High Density Residential (HDR) District. The request was not approved as proposed, but a change to the Residential Medium (RM) future land use plan category and Medium Density Residential (MDR) zoning designation was granted. The Pinellas Planning Council recommended approval of the change, with the condition that the Transportation/Utility Overlay and Drainage Feature Overlay categories be added to the southern portion of the property to reflect the existing utility (Progress Energy) and drainage (City) easements. The Board of County Commissioners acting as the Countywide Planning Authority approved this recommendation on March 13, 2007. At the time of approval, the City's Comprehensive Plan did not include the two overlays; therefore, a Comprehensive Plan amendment was necessary in order for the condition to be met. The amendment which added the two overlays was part of the Evaluation and Appraisal Report-based Comprehensive Plan amendments to the Comprehensive Plan which were adopted by the City Council in December, 2008 and approved by the Department of Community Affairs in February, 2009. The current amendment involves the southerly portion of the property, comprising approximately 0.65 acres in area. This amendment is to add the Transportation/Utility Overlay and Drainage Feature Overlay, along with the existing Residential Medium (RM) classification in order to meet the condition of the previous future land use plan amendment as described above. In accordance with the Countywide Plan Rules, this future land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4- 603.F.1 and 2] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 2 of 7 S:\Planning Department\C D B\Land Use Amendments\I,UZ 2009\I,UZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report.doc A.1.1 Objective - On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. A.2.2.8Policy -All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. F.1.2 Objective -The City shall continue to protect floodplains, drainage ways, and all other natural areas having functional hydrological characteristics. Recommended Conclusions of Law The Drainage Feature Overlay designation allows for the protection of a natural resource, thereby meeting Objective A.l.l. In addition, these amendments are consistent with locational characteristics, map delineation and special rules per Policy A.2.2.8. In particular, the Transportation/Utility Overlay designation recognizes a significant powerline easement consistent with the criteria in Policy A.2.2.8. Also, in accordance with Objective F.1.2 this amendment provides additional protection of a functional hydrological characteristic through the proposed Drainage Feature designation. II. CONSISTENCY WITH COUNTYWIDE PLAN RULES Recommended Findings of Fact The purpose of the proposed Drainage Feature Overlay special designation, as specified in Section 2.3.3.9.1 of the Countywide Rules, is to depict those water bodies and drainage features, now committed to, or proposed to be recognized for, these respective functions based on their physical characteristics and use. The purpose of the proposed Transportation/Utility designation, as specified in Section 2.3.3.7.4 of the Countywide Rules, is to depict those areas of the county that are now used, or appropriate to be used, for transport and public/private utility services. Other standards given in Section 2.3.3.7.4 of the Countywide Rules, state that where a utility transmission line otherwise included in the Transportation/Utility category is located in an easement as distinct from a right-of--way, the category shall be shown as an overlay, superimposed over, and applicable in addition to, the otherwise applicable underlying category. This amendment ensures that this condition is met. The requested Drainage Feature Overlay is appropriate due to the location of the existing drainage easement. The requested Transportation/Utility Overlay is appropriate due to the fact that utility transmission line is in an easement distinct from aright-of--way. The use of the parcel Community Development Boazd -October 20, 2009 -Case LUZ2009-07002 -Page 3 of 7 S:\Planning Department\C D B\Land Use Amendments\L,UZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report.doc is consistent with the purpose of the Drainage Feature Overlay special designation and Transportation/Utility Overlay category. Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-603.F.3J Recommended Findings of Fact The subject property is located on the west side of Kings Highway, between Woodlawn Terrace and Sunset Point Road. The character of the neighborhood is primarily residential, although there are also church and water/drainage feature uses in the area. To the north is multi-family residential with future land use plan classifications of Residential High (RH) and Residential Medium (RM) as well as High Density Residential (HDR) and Medium Density Residential (MDR) zoning designations. The Residential High (RH) classification permits 30 dwelling units per acre and the Residential Medium (RM) classification permits 15 dwelling units per acre. The High Density Residential (HDR) and Medium Density Residential (MDR) designations primarily permit residential uses. To the south is a church with a future land use plan classification of Institutional (I) and an Institutional (I) zoning designation. The Institutional (I) classification permits 12.5 dwelling units per acre and a floor area ratio of 0.65. The Institutional (I) zoning designation primarily permits hospitals, nursing homes, schools and places of worship. To the east are single family residential and retention pond uses with future land use plan classifications of Residential Urban (RU), Water/Drainage Feature, and Preservation (P) and a Low Medium Density Residential (LMDR) zoning designation. The Residential Urban (RU) classification permits 7.5 dwelling units per acre, the Water/Drainage Feature classification permits no density, and the Preservation (P} classification permits no density and a floor area ratio of 0.10. The Low Medium Density Residential (LMDR) zoning designation primarily permits residential uses. To the west is amulti-family use with a future land use plan classification of Residential Low Medium (RLM) and a Medium Density Residential (MDR) zoning designation. The Medium Density Residential (MDR) designation permits 10 dwelling units per acre and primarily permits residential uses. The Transportation/Utility (T/U) Overlay and the Drainage Feature Overlay are located on the southern portion of the property known as 1980 Kings Highway and are described so as to be congruent with the Progress Energy utility easement and with the City drainage easement as recorded. Therefore, the overlays as proposed are appropriately located. This request is Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 4 of 7 S:\Planning Department\C D B\I,and Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report. doc compatible with the surrounding area and will not unreasonably affect the use of the property in the area. Recommended Conclusions of Law The proposed future land use plan classification and zoning designation are in character with the overall future land use plan categories in the area. The amendment is compatible with surrounding uses and is consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-603.F.4] Recommended Findings of Fact The overall site is 2.21 acres and undeveloped, while the portion subject to this amendment is approximately 0.65 acres (28,314 square feet) in area and is undeveloped vacant land. The Residential Medium (RM) future land use designation permits 1 S dwelling units per acre for residential uses. The proposed Transportation/Utility (T/U) Overlay and the Drainage Feature Overlay classifications do not alter the allowable densities. Along with the current easements, the proposed overlays preclude development within the designated areas. The current Medium Density Residential (MDR) zoning designation primarily permits residential use. No zoning change is proposed. Recommended Conclusions of Law Based upon the findings of fact, it has been determined no additional traffic will be generated by this plan amendment therefore there will be no degradation of the existing LOS to the adjacent roads beyond the requirements of the City's Comprehensive Plan. Further, there will be no impact to water, wastewater, and solid waste service since there is no change in use or increase in development potential. Should the parcel be developed, it will be subject at that time to public facility concurrency requirements and open space and recreation facilities impact fees. Mass transit will not be affected by the proposed future land use overlay designations. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact This property is currently vacant. The portion of the property subject to the proposed Drainage Feature Overlay designation is an integral part of the City's Spring Branch Conveyance Enhancements Project. This drainage easement connects the upstream water flow to the planned retention pond to the south, allowing for improved flood prevention up and down stream and improved water quality downstream. The proposed Drainage Feature Overlay is an integral part in improving flood prevention and water quality in the Stevenson Creek Watershed. Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 5 of 7 S:\Planning Department\C D BU.and Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report.doc Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject site. The intent of applying the two overlay designations is to recognize the two easements that exist on the property. The site is currently undeveloped. Any development would require compliance with the City's tree preservation and storm water management requirements. SUMMARY AND RECOMMENDATIONS An amendment of the future land use plan from the Residential Medium (RM) classification to the Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) classification for the subject site is requested. The proposed site is undeveloped. The request will meet the condition of the Pinellas Planning Council that the Transportation/LTtility (T/U) Overlay and Drainage Feature Overlay designations be added to the portion of the property known as 1980 Kings Highway which contains the Progress Energy utility easement and the City drainage easement. Residential uses primarily characterize the surrounding area, although a place of worship is the use of one of the adjoining parcels. The proposed future land use plan amendment is compatible with the existing area. The proposed Transportation/LJtility (T/U) Overlay and Drainage Feature Overlay with existing Residential Medium (RM) future land use plan designations more closely reflect the actual use of the parcel, since they contain existing utility and drainage easements. In addition, these designations are consistent with the City and the Countywide Comprehensive Plans, Countywide Plan Rules, are compatible with the surrounding area, do not degrade public services below acceptable levels, are compatible with the natural environment and are consistent with the development regulations of the City. Approval of this land use plan amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Based on the above analysis, the Planning Department recommends the following actions on the request: ACTION: Recommend APPROVAL of the future land use plan amendment from the Residential Medium (RM} Classification to the Transportation Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) Classifications; 4t -. R ....~j~ Prepared by Planning Department staff: Cate Lee, Planner II Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 6 of 7 S:\Planning Department\C D BU.and Use Amendments\I,UZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report. doc Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Future Land Use Plan Map Zoning Map Existing Surrounding Use Map Site Photographs Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 7 of 7 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\I,UZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report.doc Cate Lee 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4557 Catherine.lee(a~myclearwater.com PROFESSIONAL EXPERIENCE Planner II, Long Range Division City of Clearwater, Clearwater, Florida November 2008 to Present Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Code by Ordinance. Prepare staff reports for the City Council and Community Development Board. Create maps for decision makers using Geographic Information Systems software. Planner I and Planner II, Development Review Division City of Clearwater, Clearwater, Florida March to October 2008 Provided information to the public concerning the City's Community Development Code, Clearwater Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed building plans for compliance with the Community Development Code. Presented Flexible Standard Development applications before the Development Review Committee. ~ Research Assistant Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008 Contributed research on various land use and planning issues, including locally unwanted land uses and their roles in the American West for Dr. Richard H. Jackson, AICP. Teaching Assistant Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007 Explained North American land use patterns and concepts to students, including planning history and current practices. Graded student writing and exams, providing feedback for improvement and clarification of planning concepts. Planning Intern City of Port Angeles, Port Angeles, Washington May to August 2007 Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research related to intergovernmental cooperation, comprehensive plan amendments, and code changes. Presented research findings to the Planning Commission. EDUCATION Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007 ASSOCIATION MEMBERSHIP • American Planning Association :::. uli~!s~.tfY• ''' ~•.rrr.v..x.:it:i.iv:ti:::r~r~...r.~.r..~..~..~~~.:r~~~..v ~.r. . : : . ~; . _ . - ~ CSr ~'•:•~ - ~~' - ~ .. ,n ,,,~.. . ~n ,-:: r~ '~ ~ ~ "' ~ ' .fi`• PROJECT d Q Rid r#en S~ a = L tx CUi1ABERLAND W~ v.:.::::~.:.:i SITE H'~ RD ~ ° ~ :; ... . HUNTINGTON L'- ; ::.;~ Tali sker • •:• ..-. - .-.. } ~ q G~ ~ ~ ~ .i:w ~ D tY K RUSE - --~:,, "• ~~•~ fI ~ m ~ ~ F ii hland ^ ' . - ~ .~,.~". Y m w ,, Z tii~'='•:-: ;- ~:.: .-:'' '=:=::~i ~':;: ~• -~'r WILSON Rp ° . . . ~ : . : : :~';',; ::~? :t=: :; ~~ :~:°:~';;:~' : ~~ `: ~ = ERIN LA c n ~ . . . : . . :;; ~_~ : ~.._.._. •_ L_ :: r......::~ SUNSET' POINT RD ~.. i.:;; •:~? '•' F ?'~'~ SPRING LA . , -:. • a. ~;: THAMES LA ~ ~~ a ~ t ~ ~ a ~ JOEL LA •~-.~ ~ g~=~' W I U .. BENTLEY LOCATION MAP Clearwater Village LLC Owners: Case: LUZ2009-07002 Property Site: A portion of 1980 Kings Highway 0.65 Size(Acres~: Land Use Zoning I R M MDR PIN : 03-29-15-55548-000-0091 From Transportation Utility Overlay MDR To: And Drainage Feature Atlas Page: 251 B Overla with existin RM S:\Planning Deparhnent\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\Maps\LUZ2009-07002 LOCATION MAP.doc vG. , rj ~ ~r, F '~'~ t r I, ,T , , p, ~, .., ~ ~~~ ~ _ . V ~,I +. `:( h '~'-"r'~+.f#~ ,; ,~.. ~, ~~~`"I ~„r 'F'ir ~~ L ". ~~.. .:,~ ~ l , I ~ ~ ~ r . . _ ___ __ A~. ~~ ~~tjy~{p~ ~ ~ ~ 1_ ~~ wr ~ ~ 7f~ ~ ,y i" !r ~~ ~t~ pP` ~ ~~ J .' wl A a p~ r ~ . , +, OR ~ ~' PGA *~ ~''"',~~Ci+ ~ ~ ~ ~.. ~ ~ ~ I ~ ~1 v f r{~y, , y ' ~ _r _ ~-: , J ~1 fay. i, ~ •!l '~-_ ~ ,. ~~ L .~. r .1... ~h~ -r" Sf'~' ,J4~r ~~~ ~ ,~ t : ' ~ rf ~ r T - 'rig' A ` ^ t Y l ~ ~~.,.~ •'.~ I~ i .~ ~ w_~_ ) tf V ,~~, ~ l ~ l r I r~ M ~ .i w ~1!. y ~ ~. i~l ; • ~ 9 AERIAL PHOTOGRAPH Owners: Clearwater Village LLC Case: LUZ2009-07002 Site: A portion of 1980 Kings Highway Property Size(Acres): 0.65 Land Use Zoning RM MDR PIN: 03-29-15-55548-000-0091 From T rt ti Utilit O l MDR ranspo a on y ver ay To: And Drainage Feature Atlas Page: 251 B Overla with existin RM S:\Planning Deparhnent\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\MapsU,UZ2009-07002 AERIAL PHOTOGRAPH.doc RH ~ ALPINE RD WOODLAWN TER o a RH ~00 RL 2007 2003 1999 1988 1993 m 1984 ~ 1985 1976 1981 1977 1973 1974 1972 1969 1965 1970 1968 1984 1961 1957 1956 1954 1953 1952 1950 1999 1980 RU RM 1965 °v BYRAM DR ~-- ~o o~ RH N ^ ~U w, ~ I Drainage - Feature Overlay 1 2 Y A 0 a v 1956 1949 1950 1943 1944 1937 1938 FUTURE LAND USE MAP ~ 1949 Q m 1943 Q m 1937 N n Clearwater Village LLC Owners: Case: LUZ2009-07002 Site: A portion of 1980 Kings Highway Property 0.65 Size (Acres) Land Use Zoning R M MDR PIN : 03-29-15-55548-000-0091 From T rt ti Utilit O l MDR ranspo on y ver a ay To: And Drainage Feature Atlas Page: 251 B Overla with existin RM S:\Planning Departrnent\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\Maps\LUZ2009-07002 FUTURE LAND USE IvIAP.doc ALPINE RD ~'oo~ z MDR ODLAWN TER a 2000 0 1999 N 2007 1980 MDR = 2003 1999 1985 1993 a m 1985 NS SE 19a1 POw~RGORP.~` m 1977 ~O~OP c w 1973 o o a ~°.~ 4 a ° 1959 72 lsss 0 BYRAM DR sa p 64 1981 ~ 1956 1956 1950 1857 1949 1949 1950 Q 1944 Q 1943 1953 I ~ 1943 1944 m 1938 1937 1938 1937 1931 1932 1931 1932 ZONING MAP . Owners: Clearwater Village LLC Case: LUZ2009-07002 Site: A portion of 1980 Kings Highway Property 0.65 Size(Acres): Land Use Zoning RM MDR PIN: 03-29-15-55548-000-0091 From T ti Utilit rt O l MDR ranspo on y ver a ay To: And Drainage Feature Atlas Page: 251 B Overla with existin RM S:\Planning Departrnent\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\Maps\LUZ2009-07002 ZONING MAP.doc Multi 1 13 1 1 9 10 11 12 ~,~~~ _ _ _ a Residential ALPINE RD o so ° '° ~ - 1 ? 0 z 0 WOODLAWN TER ~ Multi Fam' y Residential Va an Re id ti 1 l r-- - -i L00683 J r- - --~ l 30160 ~ 7 >ilnooo 1 2 3 4 5 6 CSIC1CIIti l R "H" 1999 \ O Q Vaunt \ 20 1980 2003 14 Q 1~9 O 1 1985 1 1997 ~ 82 ~m ~ 1 ~5 ~SEM ~j 84 83 ~1 s e PPpWE~ppRp. pF~\o 88 87 86 85 1 ~ ~ F~ w '°' 197321 S Sing e~'a il~r si n a .- .. ~ J~ 2A89 22 72 eo 0 198523 BYRAM DR C/A ° ~ 88 1 TR "F" 9 a 66 so 84 198124 c ~ 51 52 65 1958 1958 11 Y ~ ~` 150 - 1957 U ~ 1949 50 1950 53 j 64 °~ 25 Church y r ~ Q 1944 Z L- ~ ~ 19x3 63 68 1953 Y 49 54 26 1943 1944 m 1938 - _ _ _ - - - - 1937 1938 Q 1937 69 - - m 62 - - - - - - - - - - - - - - - - - 48 55 1931 1932 193 61 70 1932 EXISTING SURROUNDING USES MAP Owners: Clearwater Village LLC Case: LUZ2009-07002 Site: A portion of 1980 Kings Highway Property 0.65 Size(Acres): Land Use Zoning RM MDR PIN: 03-29-15-55548-000-0091 From Trans rt ti Utilit l O MDR po a on y ver ay To: And Drainage Feature Atlas Page: 251 B Overla with existin RM S:\Planning Departrnent\C D B\Land Use Amendments\LUZ 2009U.UZ2009-07002 - 1980 Kings Highway -City of Clearwater\Maps\LUZ2009-07002 EXISTING SURROUNDING USES MAP.doc LUZ2009-07002 Clearwater Village, LLC A Portion of 1980 Kings Highway View looking north from the subject property View looking south from the subject property 19~` ~'~i View looking east from the subject parcel View looking south along Kings Highway CITY OF CLEARW~, I' -. _ .-.---r~ n ~ .~.---.. APPLICATION FOR • ~ ~ ~ t~ ~ ~ C(OMPDREHEN~ LAND uA MAM M ~ E~ ^~( ~ ~ J 1 L.ti ~.+J { PLANNING DEPARTMENT -~ F ~-i "i-~ ~- 'T rr.~UtGE:::z DFPi MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE 8E , fi~~; ~-?V~,~TE° PHONE (727) 562-4567 FAX (72 ...,-_A ,. __.... APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: City of Clearwater MAILING ADDRESS: 112 South Osceola Avenue, Clearwater, FL 33756 PHONE NUMBER: 727-562-4050 PROPERTY OWNERS: Clearwater Village LLC (List all owners) AGENT NAME: Michael Delk, Community Development Coordinator MAILING ADDRESS: 100 South Myrtle Avenue, Clearwater, FL 33756 PHONE NUMBER: 727-562-4567 FAX NUMBER: 727-562-4052 FAX NUMBER: 727-562-4865 SITE INFORMATION: LOCATION: 2.21 acres located on the west side of Kings Highway approximately 112 feet south of Woodlawn Terrace STREET ADDRESS(ES): 1980 Kings Highway LEGAL DESCRIPTION: IdFPrRSt#ALL'S; E-A--PARfi-tA~9-9ESG-FR NE COR SD-LOT RUN W 30FT FOR POBTH S 205FTTH S52D29'W 375.7 T~k{.p{-A}=G~W-LN-SD LOT°437:72FT TH ~-299.09RT TO. POB. _ 5 r L A~ +Z C ~3 ;~ ~ ~ ~ C^,~< <_ C L ~ 7 ~3 O~Ocj PARCEL NUMBER(S): 03-29-15-55548-000-0091 SIZE OF SITE: 2.21 acres FUTURE LAND USE CLASSIFICATION: PRESENT: Residential Medium REQUESTED: Transportation/Utility Overlay, Water/Drainage Feature Overlay with existing Residential Medium ZONING CLASSIFICATION: PRESENT: MDR PROPOSED TEXT AMENDMENT: N/A REQUESTED: MDR I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my/(our) knowledge. Sig true of property owner or representative v~ Signature of property owner or representative STATE OF FLORIDA, COUNTY OF PINELLAS Sworn t d subscribed before me this ~ day of A.D., 20~_ to me by i i213oA R ,who is personally known has produced /i//A as identification. Notary public, +~' "~ "~" " ""'"'~° " -' " my commission expires: ~ ~ nt~' ~et~t','-(ss(on+x~ p~s26o ~'OFf~op ~?7i:'It923: bl~~.6.2010 (407) 398-0 i 53 Fiaidn No'.~ty ;~rvicacom THAT PORTION OF THE FLORIDA POWER CORPORATION EASEMENT AS RECORDED IN DEED BOOK 1614, PAGE 87 AND THAT PORTION OF THE DRAINAGE EASEMENT AS RECORDED IN O.R. BOOK 2940, PAGE 48 THAT LIES WITHIN THE FOLLOWING DESCRIBED TRACT. A PORTION OF LOT 9, LESS THE EAST 30 FEET THEREOF, E.A. MARSHALL SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; RUN NORTH 89°15'17" WEST ALONG THE NORTH LINE OF SAID LOT 9; 30.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00°16'06" EAST BEING 30' WEST AND PARALLEL TO THE EAST LINE OF LOT 9, 205.00 FEET: THENCE SOUTH 52°29'00" WEST, 375.75 FEET TO THE WEST LINE OF LOT 9; THENCE NORTH 00°15'36" WEST, ALONG SAID WEST LINE OF LOT 9, 437.72 FEET TO THE NORTHWEST CORNER OF LOT 9, THENCE SOUTH 89°15'17" EAST, ALONG THE NORTH LINE OF SAID LOT 9, 299.09 FEET TO THE POINT OF BEGINNING. CONTAINING 2.2 ACRES MOL ~n ~ t-~ ~ T ----~-- - - ,_,.....Y.~. _~ , r',~( I '~ ~ ~ 1 I .i 9,~ ~... !~ a .. s ; ~.i ! j I~E~i~le~.,r t''I'J~ ~~JT ~w~lj tL.~_.:) ~ .r.~.i. 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IN Wi'~'vESS pJit~~REOF, tht y'anirrs have hcrcnnto of€iz~d tlxie hands snd'acal• this _~.t,j_dL•S1-__-_-____-- . day of. - --- --- --- _, A. D- 19 ~~. ' ,~;~aed, sealed Gad ddixtt is pcesrsce oft t i ~ ~ -- {;cr7 - ___ --- - - ------ ~, ., s (L. 5.) „ ------ - _ ----- - - -- 'z ._ --- ---- , STATE t1F FLORID.' ~ p' COhNTY GF ~~~~~.,a--- 3 - - I HERP$Y CFt23ir=3' that oa thia~-~-- dal of---- --j-y-~-~-(~---. ]A.~D- 19_" ~_~bcf me the a dtrtigncdt . a4tharin: ~trsoaally aFpeaixd --~'~--~- -~~"~'ta-~-t1~- ~------~-- --- j- ~.~-`~-•(, J m me known So be the petso±ta desc¢tbe~ a atw' who'rznetrt tht forrgoUg instrnmcnt at~d___ ___acknosakdged Fufo[t mt thst he - exeict<d_ ;he saint: . ~} }~t+I=SS my stgnattixt Gad otfici2l seal in satd Coaai7 sad State. the dtY and rur iast aforesaid. ,1 r t~E ~y~tl}: -- ---- ---- -- - . , _> _ wou~ PEA -' ~*.~ycor»'mriion~ez}nzts:--------------------- werary ~1it. 5c6'* ~ Fl~.iea st ter~• My cor::mission .xxy++r1 Avgu'.t 1, 1959 ---------------_Canatr, Ffetida Filed this -------- Y ------------. 19'----at -------- o'cl«k ___._M Gad recorded is ________-- Book da of ___-_--- - -. Page -- --------- aaddnly verified this------dal °f--------------------• 79------~ CLERK GIRCJIT COURT Br --------------------- - -------------------- D- C' '. -- ~ .. ,.,. raati~r r ~~a~ ~ , _ i , ~ ~°~ ~ ~jjs~~J~~aµ~y,~i - - ,. ~ . 7~~~~ ~ u F ~. _ .~ ~ . ~n ~`m ~~ ,, it _ - ~ ~ ~. }~d.i ~' 'r ~ ~' ~ u~~ y~ - _ ~ - ~ ~ b ` 1~"IAA r1' j~ ~ ~,"M~ ~~ ~ ~ ~ s~ ~~ ~'~ '~Kp kyy ~:mrfl Kul ~~` .~~.. - r~~l ~ ~'~I tt~,~ ~~~i ! ~ t~ ~~ tt ~ 4, ~~ ~ ~ ~ ~, ~ ~~~ i ( - h , 1~ ~~~ ~~ ~' ; ~~~d9+~ ' ~ `~ t E 1~+~i a~ a ~ ~ ~ ~ `~a~ a ~j ~~~~~i ~~ "c~',~'~ ~~ ~'~~ifi 1 , :~" ~ ~~~,,~~ r '~ ~ ~ ~' yip ~~s,`~. s ~ ~"~i~ r _ - _._ } i ~ 'a ~ ~ 9~ ~ ~~ i ~3~"1~ 1 ~ r t~~~i r ~ a~~ `~~ a~ f ~~ rs~!~~ i tl~L :R1 ail ~, __._ _ ..._ _ _«.~ ,r,r _ . - .... _ . , ..... -...... _ ~,3~ /~~ .-.~,i~~ ~ ~- t . 3P'~~L~,~~d~~J hY~"1~I ~, ~ + ~~~~ 7nxtn~~ ~1kti ~ ~1;. Y~r~e^~~~~y~~ e~ ~~ ~f~~-~ ~'"~~~i ~`~i~ ~•~°"i~" ~ n~f~?.,°~9~hi~~~~~' .~:,~t(~`~ pp,~~ ,~f. ~ ~ a,. A '~1. ~~i ut~~ ~~` *_ii~ ~,. ;A{i~'w ~MUi~ um. 48 m~o~. ~' H$`~°~.~.n.~iz~i~r,.ti~,~. ,~~:'k7u~;} :~~I / 'fit ~ ~ W F ;~., _ ,~ .~,, ~ i ~. ° ~--° ~j ~7 ,` . 68O~3?~J6 o.R. 2~~#0 P~c~ ~~ T~ ~~ ,.. ,. ` ~ ~ ~ ;. FOR AND IN CONSIDERATION of the sunz of One Dollar ($l. 00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, SUNSET POINT BAPTIST CHURCH OF CLEARWATER, FLORIDA, INC. , anon-profit corporation, does. hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under and across. the following described land, lying and ~ being situate in the County of Pinellas, State of Florida, to wit: ~ ~' A drainage easement over Lots 9, 19 and 20, E. A. Marshal~!s ', ~ ~ Sub, in NE-1/4 of Section 3, Township 29 South, Range 15 ~ °' `' o ~ East as recorded in Plat Book 3, page 44 of Public Records C~ c~ R.+~ ~~ of Pinellas County, Florida 25 feet each side of following ~, c» ~ ,~, _ , b described line: Start .at a point 30. 00 feet West of NE Uz w o corner of said Lot 9 and run S 00°16'06" E, 205 feet to p ~ ~+ a point in ditch for a point of beginning; thence S 52°29' W, ~, 270 feet; thence S 34° 14'21" W, a distance of 1-04.21 feet, ~ ~; ~ ~ to a point 25 feet East of West line of said Lot 9; thence ~ F-. ~ ~ . E, U ~ S 0° 14'58" E parallel to and 25 feet East of said West line ~ ~" 4, a' of Lot 9, a distance of 215 feet to a point 25 feet East of NW W ~ U, all's Sub. ;thence r of Lot 20 of said E. A. Marsh corn .N U o o S 53 15' W, 140. 00 feet; thence S 56 30'32' W, a distance of 150. 88 feet; thence S 78° 16' W, 105 feet to a point on the. West line of Lot 19 that is S 0°13'49" E, 170 feet from ° ~~ NW corner of Lot 19 in said E. A, Marshall's Sub. ~ w °~' o ~ ~7 o _~-~ ' " `D DOCtJ)~`,ENT,;;Y ,==°t~ST~,ry1P ~'A_X j _~ v ~ ~ t ' o ~ ' " - ~ Q - . ~ o P.B. tT30 0 63 ~,; ~~ 4~ cps - }~ ~ dra na~Q . ,. This easement being foreinstallation and maintenance.. The CITY OF CLEARWATER, FLORIDA,. shall have the right to enter upon the above described premises and to construct, install and maintain thereon any utility lines and to inspect and alter such utility lines from time to time. IN WITNESS WIiEREOF, the party hereto has caused these presents to be duly executed by its. proper officers thereunto authorized and its seal to be. hereunto affixed, this day of October 19 68 Signed, sealed and delivered in the presence of: ~~ ~ ~ ' %, _ ~--~ ~~ _ i ~~ *" - ,,.,. _ 1 V ~ ~ - _ - - ~~ ., _ /~/:,~~ ~ ,.~ti~` _. SUNSET POINT BAPTIST CHURCH. OF C EAR ATER, L RIDA, INC. ]B y _ - Its President ~~ .Attest: ~~~ ~ ' ` ~ Gr.-YL~ ~~ Its ~-8~ 'retary `~E 1'b y~ . ~~~~ U~6, 7J °° DOCUMENTARY -_= N n, ~ a~ ~u ~aX J~ FLORI A W 2 M i~~.p -- D M °~ ~' PB~ II~ OiT3~0'G8 ~ ~. ~ a~'1 o (bBZS h. ,~