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8143-10ORDINANCE NO. 8143-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH BELCHER ROAD BETWEEN GULF-TO-BAY BOULEVARD AND DRUID ROAD, CONSISTING OF METES AND BOUNDS 41/03, 41/02 AND 41/01, LYING IN A PORTION OF THE NORTHEAST % OF THE SOUTHEAST % OF SECTION 13, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2165 GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW MEDIUM (RLM) TO RESIDENTIAL/OFFICE/RETAIL (R/O/R) AND RESIDENTIAL MEDIUM (RM); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category Legal description attached From: Residential Low Medium (RLM) (LUZ2009-12003) To: Residential/Office/Retail (R/O/R) and Residential Medium (RM) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED March 18, 2010 May 20 , 2/0/10 Frank V. Hibbard S OF? Mayor Appr ved as to form: Leslie K. Dougall- "is Assistant City Atto y Attest: C thia E. Goudeau t Clerk Ordinance No. 814 -1(1' HER MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT dAY E FOUND' IN THE PUBLIC RECORDS OF THIS COUNTY. HIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT )F A TITLE POLICY. 3EARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: PARCEL 1 A parcel of land being a p a r I I o n of the Northeast 1/4 of the Southeast 1/4 of Section 13, Townshlp 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as tollows: COMMENCE at the Northeast corner of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 29 South, Range 15 East, Plnelios County, Florida; thence S00°09'08"E, along the East 11ne of sold Northeast 1/4 01 the Southeast 1/4 of Section 13 (being the basis of bearings for this legal descrlpt(on), for 667.61 feet to the point of Intersection with an Easterly extension of the West Right-of-Way line of BELCHER ROAD, according to Official Records Book 4564, Page 155 of the Public Records-ot P.inelias County, Flor.lda; thence leaving sold East line of the Northeast 1/4 of the Southeast 1/4 of Section 13, N890 17'51"W, along sold Easterly extension of the West Right-of-Way line o? BELCHER ROAD, and said West Rlght-of-Way Ilne of BELCHER ROAD, respectively, for 50.01 feet to the POINT OF BEGINNING; thence the following two courses along said West Right-of-Way line of BELCHER ROAD; ( I ) thence NOO°09 08"W, along a IIns 50.00 feet West of and parallel with sold East IIne of the Northeast 1/4 of the Southeast 1/4 of Section 13, for 577.05 feat; (2) thence leaving sold IIne'50.00.feet West of and parallel with the East line of the Northeast 1/4 of the Southeast 1/4 of Section 13, N48038'29"W, for 62.35 feet to the point of Intersection with the South Rlghi-of-Way tine of STATE ROAD 60, according to Florida Department of Transportation Rlghi-of-Way Map 15040-2501, dated February 23, 1960: thence leaving said West Right-of-Way line of BELCHER ROAD, N89022'20"1Y, along said South Right-of-Way of STATE ROAD 60, some being a line 50.00 feet South of and parallel wlih the North line of said Northeast 1/4 of the Southeast I/4 of Section 13, for 770.94 feet to the point of Intersection with the East line of that certain property as described In Deed Book 1016, page 329 of the Public Records of Pinellas County, Florida; thence leaving said South Rl.ght-of-Way line of STATE ROAD 60, S00040'59"W, along said East Ilne of that certain property as.described in Deed Book 1016, Page 329, for 616.65 feet to the Southeast corner of said certain property as described in Deed Book 1016, Page 329;dthence S89°18'0.2"E, for 310.62 feet to the paint of Intersection with a non-tangent curve, concave Northerly; thence Easterly along the are of sold curve, from a -radial bearing of 532°15'51"W, having a radius of 65.50 feet, a central angle of 63°07'45", an arc length of 72.17 feet, and a chord bearing S69°18'02"E for 68.57 feet to the point of Intersection with a -non-tangent line; thence S89°18'02"E, for 447.45 feet to the POINT OF BEGINNING. Containing 506,892 square feet or 11.637 acres, more or less./ Error of closure: 0.004 feet (JEB) 1 LEGAL DESCRIPTION: PARCEL, 2 A parcel of land being a portion of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at,the Northeast corner of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 29 South, Range 15 East, Plnellas County, Florida; thence SOO°09'08"E, along the East line of sold Northeast 1/4 of the southeast 1/4 of Section 13 (being the basis of bearings for this legal description), for 1,335.85 feet to the Southeast corner of sold Northeast 1/4 of the Southeast 1/4 of Section 13; thence leaving said East line of the Northeast 1/4 of the Southeast 1/4 of Section 13, N89012'46"W, along the South line of sold Northeast 1/4 of the Southeast 1/4 of Section 13, for 1,336.89 feet to the Southwest corner of sold Northeast 1/4 of the Southeast 1/4 of Section 13; thence NOO°23'47"W, along the West line of said Northeast 1/4 of the Southeast 1/4 of Section 13, for 50.01 feet to ihe?OINT OF BEGINNING; thence continue NOO023'47"W, along sold West IIno of the Northeast 1/4 of the Southeast 1/4 of Section 13, same being the East line of EAST DRUID PARK, as recorded In Plat Book 61, Page 67 of the Public Records of Pinellas County, Florida, for 616.10 feet to the Northwest corner of the South 1/2 of sold Northeast 1/4 of the Southeast 1/4 of Section 13, some being the Southwest corner of BAMBOO SUBDIVISION, as recorded In Plot Book 28, Page 75 of the Public Records of PI nellas County, Florida; thence leaving sold West IIno of the Northeast 1/4 of the Southeast 1/4. of Section 13, s S89°17'33"E, along the North line of said South 1/2 of the Northeast 1/4 of the Southeast. 1/4 of Section 13, same being the South IIne of sold BAMBOO SUBDIVISION, and the South fine of that certain property as described In Deed Book 1016, Page 329 of the Public Records of Pinellas County, Florida, respectively, for `463.05 feet to the Southeast corner of said certain property as described In'Deed Book 1016, Page 329; thence leaving sold North line of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 13, S890I8'02"E, for 310.62 feat to the point at intersection 'with a non-tangent curve, concave Northerly; thence Easterly along the are of sold curve, from a radial bearing of S32015'51"W, having a radius of 65.50 feet, a central angle of 63°07'45", an arc length of 72.17 t.eet, and a chord bearing S89* 16'02"E for 66.57 feet to the point of Intersection with a non-tangent line; thence S89°18'02"E, for 447.45 feet to the point of Intersection with the West Right-of-Way Ilne of BELCHER ROAD, according to Official Records Book 4564, Page 155 of the Public Records of Pinellas County, Florida; thence S89°17'51 "E, along sold West'Rlght-of-Way line of BELCHER ROAD, for 14.00 feet; thence SOO°09'08"E, continuing along said West Right-of-Way line of BELCHER ROAD, some being u line. 36.00 feet Nast at and para!1a1 with said East line of the Northeast 1/4 of the Southeast 1/4 of Section 13, for 617.98 feet to the point of Intersection with the North Right-of-Way IIno of DRUID ROAD, according to sold Otflc101 Records Book 4564, Page 155 of the Public Records of Plnellas County, Florida; thence leaving said West Right-of-Way line of BELCHER ROAD, N89°12'46"W, along sold North Right-of-Way line of DRUID ROAD some being a line 50.00 feet North of and parallel with sold South line of the Northeast 1/4 of the Southeast 1/4 of Section 13, for 1,30 -10?ee o e 61RT-6F-BEG?TJt1TN Containing 803,028 square feet or 18,435 acres, more or less. Error of closure: 0.008 feet NEB)/%,= NNNNNN N O O N CG ? CGN o O G M O N a N ^ N M N N ? [ O- y a GULF-TO-BAYBLVD z N N N N CG ? R N N N ? 511 C(' /? 520 519 CG R/O/R 5 525 5 529 533 coo ? ° N N N 0 n ? o m N N N N - - - - - - - - a - N h N N " N N N N b N C, N O p 655 N N N " N N RM N N 693 O N O N ^ N o O N C4 N ? N 4u N N Ul N N N O O N N / G ....V ...........................................u.............. 715 DRUID RD 801 N N M 80 805 80 N ,1`` 809 80 80 Z N 811 81 H 2113 80 H E 815 8 M E N N N N N N N N 901 901 Irff ti?1o ti? CA D - Future Land Use Map Owners: Nickel Plate Properties, Inc. Case: LUZ2009-12003 Lakeside Enterp rises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property Size(Acres): 30.07 Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 PIN: , & From : RLM MHP 13-29-15-00000-410-0300 To: R/O/R & RM C & MDR Atlas Page: 298B SA\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-12003 - 2165 Gulf to Bay Blvd - Nickel Plate Properties, Inc\Maps\LUZ2009-12003 Future Land Use Map.doc Ordinance No. 8143-10