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8197-10ORDINANCE NO. 8197-10 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 NORTH SIDE OF GULF-TO-BAY BOULEVARD APPROXIMATELY 900 FEET EAST OF SOUTH BAYSHORE BOULEVARD, CONSISTING OF A PORTION OF A 131.05 ACRE SITE, WHOSE POST OFFICE ADDRESS IS 3400 GULF-TO-BAY BOULEVARD, FROM INSTITUTIONAL (1), COMMERCIAL GENERAL (CG), PRESERVATION (P), WATER/DRAINAGE FEATURE, RECREATION/OPEN SPACE (R/OS), AND RESIDENTIAL LOW (RL) TO INSTITUTIONAL (1), PRESERVATION (P), RECREATION/OPEN SPACE (R/OS), AND WATER/DRAINAGE FEATURE; PROVIDING AN EFFECTIVE DATE [AMENDED MAPS. 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 See "Exhibit A" Attached From: Institutional (1), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS), And Residential Low (RL) To: Institutional (1), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature (LUZ2010-06002 ) 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. Ordinance No. 8197-10 PASSED ON FIRST READING PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dou II i es Assistant City A rney August 5, 2010 October 5, 2010 October 21, 9010 Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk ?? ?7?`?•°FryF Ordinance No. 8197-10 L',[1i7_1.7 I „x111 . LEGAL DESCRIPTION: (PROVIDED BY OTHERS, EDITED BY THE UNDERSIGNED) THE.NORTH .1/2 OF THE NE 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THAT PART OF GOVERNMENT LOTS 3 AND 4 OF SAID SECTION, WHICH LIES NORTH OF A LINE BEGINNING IN THE WEST BOUNDARY OF SAID GOVERNMENT LOT 3, AT A '. POINT 250 FEET NORTH OF ITS SOUTHWEST CORNER EXTENDING NORTH 6T EAST TO NAVIGABLE WATER IN OLD TAMPA BAY, AND LESS RIGHT-OF-WAY OF DAVIS CAUSEWAY, PINELLAS COUNTY, FLORIDA; AND ALL LAND LYING BETWEEN THE. ABOVE DESCRIBED PARCEL AND THE RIGHT-OF-WAY OF STATE ROAD 60, OTHERWISE KNOWN AS COURTNEY CAMPBELL CAUSEWAY. AND PARCEL 5 AND ALL THAT PART OF GOVERNMENT LOT 1 IN SECTION 15. TOWNSHIP. 29 SOUTH. RANGE 16 EAST, LYING. SOUTH OF AN EASTERLY PROJECTION OF THE NORTH LINE OF GOVERNMENT LOT 4 IN SECTION 16, TOWNSHIP 29 SOUTH; RANGE. 16 EAST.. PINEI COUNTY, FLORIDA, WHICH PROJECTION IS EXTENDED TO THE DEEP WATER CHANNEL OF TAMPA BAY. LESS AND EXCEPT A 100' RIGHT-OF-WAY. FOR BAYSHORE BOULEVARD AS DESCRIBED IN COUNTY PETITION NO. 80 DATED AUGUST 4, 1925: LESS AND EXCEPT A RIGHT-OF-WAY ACROSS GOVERNMENT LOT 4 OF SAID SECTION 16,. DESCRIBED IN CITY OF CLEARWATER RESOLUTION -64-90, FILED IN OFFICAL RECORD 1936 PAGES 522-524. OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA. LESS.AND EXCEPT PARCEL 1 THAT PORTION. THEREOF DEEDED TO ROBERT D. WINN'AND MARY S: WINN, HUSBAND AND WIFE. ON .NOVEMBER 16. 1992, BY DEED` ' RECORDED IN . O.R.. BOOK 8094, PAGE 1155, PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NW' 1/4 OF SECTION 16. TOWNSHIP 29S. RANGE 16E. LYING SOUTH OF DREW. STREET,. EAST OF UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION, AND NORTHWE;IERLY OF BAYSHORE BOULEVARD - TOGETHER WITH THE RIPARIAN RIGHTS THERETO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NE CORNER OF THE NW 1/4 OF SECTION 16, TOWNSHIP '29S. RANGE .16E. AS A POINT OF REFERENCE. THENCE S00'37'03'W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16 A DISTANCE OF 33.0' TO THE NORTHEAST CORNER OF LOT 9, UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS A POINT OF BEGINNING; THENCE CONTINUE S00'37'03"W ALONG SAID CENTERLINE (BEING ALSO THE EASTERLY BOUNDARY OF SAID UNIT 1 OF CRYSTAL HEIGHT'S SUBDIVISION, AS RECORDEDIN PLAT BOOK 28. PAGE 64, OF THE PUBLIC RECORDS OF PINELLAS COUNTY.. FLORIDA), A DISTANCE OF 222.47' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF BAYSHORE BOULEVARD (A 100' RIGHT-OF-WAY); THENCE ALONG A CURVE TO THE RIGHT. HAVING A RADIUS OF 368.31'. A CHORD BEARING OF N41'35'48'E, AND A CHORD DISTANCE OF 146.17' TO A POINT OF TANGENCY; THENCE N61'02'31'E ALONG SAID TANGENT' RIGHT-OF-WAY, A DISTANCE OF 184.66' TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY OF DREW STREET (CURRENTLY A 33' RIGHT-OF-WAY); THENCE N89'29'50'W ALONG SAID SOUTHERLY RIGHT-OF-WAY (33' FROM AND PARALLEL TO THE NORTH LINE OF SAID SECTION 16), A DISTANCE OF 242.21' TO THE POINT OF BEGINNING. CONTAINING 23.549 SQUARE FEET (0.54 ACRES) M.O.L TOGETHER WITH THE RIPARIAN RIGHTS TO THE LANDS LYING DIRECTLY`. EAST, ACROSS THE 100' RIGHT-OF-WAY FOR BAYSHORE BOULEVARD (AS RECORDED IN COUNTY PETITION NO. 80, DATED AUGUST 4. 1925) BEING FURTHER DESCRIBED AS FOLLOWS: THE NORTH 222.47' OF THE NORTHWEST• 1/4 OF SECTION 16, TOWNSHIP 29S. RANGE 16E, LYING BETWEEN THE EASTERLY . LINE OF. UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS -RECORDED IN PLAT BOOK 28, PAGE 64, OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, AND EXTENDING EASTERLY TO THE MEAN HIGH WATER MARK OF OLD TAMPA.BAY LESS A 100' RIGHT-OF-WAY FOR BAYSHORE BOULEVARD AS DESCRIBED. IN COUNTY PETITION NO. 80 DATED AUGUST 4. 1925. RIPARIAN RIGHTS GRANTED ARE LIMITED TO THE LESSER OF. (A) FIFTY (50') FEET FROM THE UPLAND, OR (B) THE MAXIMUM DOCK. LENGTH PERMITTED BY LAW, WHICHEVER IS THE LEAST. LESS AND EXCEPT: LANDS KNOWN AS THE 'EASTER" TRACT, RECORDED IN OFFICIAL RECORDS BOOK 1.6135. PAGE. 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA TOTAL AREA: 131.05 ACRES, MORE OR LESS THERE IS APPARANTLY TWO SCRIVENER ERRORS IN THE ABOVE DESCRIBED LEGAL DESCRIPTION, SHOWN WITH AN ASTERICK. BOTH SHOULD BE CHANGED TO SHOW .'NORTHEAST' OR 'NE' INSTEAD OF NORTHWEST (NW). WATER RU R/OS RU P P R/OS WATER R/OS R/OS P RU P R/OS P R/OS R/OSR/OS R/OS RU WATER R/OS R/OS R/OS P P RU P R/OS P RU P P RLM IWATER RU I RU P RM WATER CG R/OS R/OS I R/OS CG R/OS WATER R/OS WATER R/OS T/U WATER PROPOSED FUTURE LAND USE (Alternative Compromise) LUZ2010-06002 & Owners: Clearwater Christian College Case: DVA2010-06001 Property 131.05 Site: 3400 Gulf-to-Bay Boulevard Size(Acres): 16-29-16-00000-120-0100 Land Use Zoning 16-29-16-00000-140-0100 PIN: 16-29-16-00000-130-0200 From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-110-0100 Water/Drainage Feature OS/R To:I, P, R/OS, & I, P, & OS/R Atlas Page: 292B Water/Drainage Feature S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\PPC Alternative Recommendation Maps\LUZ2010-06002 FLU AFTER.doc