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LUZ2008-05002
CITY OF CLEAR TEIt APPLICATIONS ;- COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DF""nTn~r~NT MUNICIPAL SERVICES BUILDING, 100 1551 GULF B L V D PHONE (727) 562- LUZ2OOH-~5002 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: City of Clea^Nater ~__ (List all owners) AGENT NAME: Michael Delk, Community Development Coordinator_ MAILING ADDRESS: 100 South Myrtle Avenue, Clearwater, FL 33756 PHONE NUMBER: 727-562-4567 BAY PARK ON SAND KEY Zoning: B" atlas# 31 1 B FAX NUMBER: 727-562-4052 FAX NUMBER: 727-562-4865 SITE INFORMATION: LOCATION: East side of Gulf Boulevard approximately 7,410 feet south of Clearwater Pass Bridge STREET ADDRESS(ES): 1551 Gulf Boulevard LEGAL DESCRIPTION: See Attachment "A" PARCEL NUMBER(S): 19-29-15-00000-430-0700 SIZE OF SITE: 3.59 acres FUTURE LAND USE CLASSIFICATION: PRESENT: RM and P REQUESTED: R/OS and P ZONING CLASSIFICATION: PRESENT: B PROPOSED TEXT AMENDMENT: (use additional paper if necessary) STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this day of A.D., 20 to me by ,who is I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my/(our) knowledge. { s ~~!~~ ~ /{,,~i • ~~r. ~ i'!`JG. ~ r'.~'a !mil Signatdre of.property owner or fepresentative -.J Signature of property owner or representative personally known has produced as identification. Notary public, my commission expires: REQUESTED: OS/R and P • • This Future Land Use Map amendment and rezoning application involves one property developed as Y parks and recreation use. The subject property is located on the east side of Gulf Boulevard approximately 7,410 feet south of Clearwater Pass Bridge. The property has a Future Land Use Plan (FLUP) category of Residential Medium (RM) and Preservation (P) and has been governed by a Settlement Stipulation. The property has a zoning designation of Business (B) District. The City of Clearwater is requesting to amend the FLUP category of Residential Medium to Recreation/Open Space (R/OS) and rezone the portion of the property that has the RM designation to Open Space/Recreation (OS/R) District and the rezone the portion of the property with the P designation to the Preservation District.. The R/OS category permits recreation facilities and open space with Floor Area Ratio (FAR) of 0.25 and a maximum Impervious Surface Ratio (ISR) of 0.60. The P category primarily protects environmental areas from development.. The P category permits an FAR of 0.10 and an ISR of 0.20. The City dissolved the B District iii x 972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (case no. 78-4765-7) in the Circuit Court for Pinellas County). The resulting Settlement Stipulation restored the dissolved B District for the subject properties and three other locations on Sand Key for a period of twenty years. The Settlement Stipulation governed the intensities and densities on the subject property. The subject property is a portion of "Parcel I," as listed in the Settlement Stipulation. Section 10 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop an additional 80 residential dwelling units. on Parcel I, or a total of one hundred forty-four (144) residential dwelling units. The development of Parcel I shall be in substantial accordance with any of the alternative schematic. site plans prepared by Community Design Corp. and dated August 28, 1986, which are attached hereto as Exhibits "A-1" through "A-3" and hereby incorporated by reference. Plaintiffs shall not be restricted to utilizing the existing foundation for the construction of the additional eighty (80) units permitted pursuant to this Settlement Stipulation. Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to regulate the use of the. four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. The City is obligated assign consistent future land use and zoning designations to be consistent with the Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code shall be consistent with S:1Planning DepartmentlC D BlLand Use AmendmentslLU2 2008\LUZ2008-05002 -1551 Gulf Boulevard -City of Clearwater\LUZ2008- 05002 Application.doc Page 2 of 9 ' the City's Future Land Use leap and Comprehensive Plan. The B Distract is not listed in the i ' Ctys FLUP of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP: The OS/R ~` District is listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the R/OS FLUP designation and the Preservation District is consistent with the P FLUP category. The subject properties are larger than the minimum required lot area and lot width for the existing uses in the OS/R and Preservation District. The existing uses on the property are permitted uses in the OS/R and Preservation District. Standards for Review 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plao.. Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.1 Policy -Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR -floor area ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the. plan category, unless otherwise permitted by approved special area plans or redevelopment plans. 27.4 Objective -Preserve natural open space areas which constitute aesthetic and/or ecological community assets. 27.4.3 Policy -Continue to designate appropriate land "Preservation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. The Open Space/Recreation (OS/R) District is consistent with the City's FLUP for Recreation/Open Space (R/OS) and is consistent with the City's Comprehensive Plan. The Preservation District is consistent with the City's FLUP for Preservation (P)-and is consistent with the City's Comprehensive Plan.. The previous designation of "Business District" does not exist, therefore, cannot be consistent. The proposed zoning atlas amendment is not 'in conflict -with any Clearwater Comprehensive Plan Goals, Objectives or Policies. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The Plan is consistent with all applicable provisions of the Comprehensive Plan. S:1Planning DepartmentlC D B1Land Use AmendmentslLUZ 20081LUZ2008-05002 -1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 3 of 9 ' ~3. The available uses to wh><'~ the proper ma be ut area ro riate to the ro er tY Y P PP P p p ty wh><ch ><s y subject to the proposed amendment and compatible with existing and planned uses in the area. Immediately to the north of the subject property is 1501 Gulf Boulevard, an attached dwelling use. The property has zoning designations of Business (B) with an underlying Future Land Use Plan (FLUP) designation of Residential Medium (RM) and Preservation (P). The RM FLUP permits 15 dwelling units per acre and the P FLUP protects natural features with a Floor Area Ratio of 0.10. The City is in the process of rezoning this property to Medium Density Residential (MDR) and Preservation. To the east is the Intracoastal Waterway. To the south of the subject property is 1581 Gulf Boulevard, an attached dwelling use. The property has FLUP of Residential High (RH) and has a zoning designation of High Density Residential (HDR). To the west, the Ultimar I, II and III are attached dwelling uses with zoning designations of Business (B) and Open Space/Recreation (OS/R) and FLUP designations of Residential High (RH) and P. The City is in the process of rezoning the B portion of these properties to High Density Residential (HDR). The historic use on the property is compatible with the uses permitted in the OS/R District and Preservation District and R/OS and P FLUP categories. The permitted uses in the OS/R and P Districts are compatible with the surrounding uses. Section 2-1401 of the Community Development Code, titled "Intent and purpose" states: "The intent and purpose of the Open Space/Recreation District is to establish areas where public and private organizations can establish and operate passive and active open space and recreation facilities which are important to the quality of life and economic vitality of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater." Section 2-1501 of the Community Development Code, titled "Intent and purpose" states: "It is the intent and purpose of the Preservation District to protect the waters, waterways and coastal wetlands of the Gulf of Mexico. and Tampa Bay and noncoastal wetlands,. environmentally. sensitive palustrine, lacustrine and riverine areas, natural and artificially made interior bodies. of water and other submerged lands through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations." The OS/R and Preservation Districts are consistent with adjacent districts and the historic use- of the property is permitted in the. OS/R and Preservation Districts.. S:1Planning DepartmentlC D B1Land Use AmendmentslLUZ 20081LUZ2008-05002 - 1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 4 of 9 4. Sufficient public facilities are available to serve the ro er P P h' Y The underlying future land use category of the property is Residential Medium (RM). The RM category permits 15 dwelling units per acre. The proposed R/OS and P Districts permit no residential uses. This will amendment will reduce the amount of infrastructure capacity needed to serve this property. The City has adequate infrastructure capacity to serve this property. The City has adequate water, wastewater, solid waste and recreation and open space capacity to serve this property. The mass transit level of service will not be affected by this request. S:1Planning DepartmentlC D B1Land Use AmendmentslLUZ 20081LUZ2008-05002 -1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 5 of 9 Roadways Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 7`h Edition. ~- • .a 1. .. .~~ ' _ ~ Maximum ~ Development Existin B District - Potential Residential Units' (5.86 tri s/unit) 80 units2 469 N/A 0.52 244 N/A E ~ ,. ~, ,~s C9.~rrently Existin B District - Develo ed City Parka (1.59 tri s/acre) 3.59 acres 6 N/A 0.00 0.00 N/A Proposed OS/R and Preservation District/ R/OS and P FLUP Maximum (compared to current B Development develo ment) Potential City Parka (1.59 trips/acre) 3.59 acres 6 0 0.00 0.00 0.00 ~..~.....~., v. 11u1a~jJV1tUUV111i11S111GG1 J 111jJ VG11G1C1L1V11 ~ ~LL1LLUII LaI1Q Use L.SV 2 =This property is only a portion of Parcel I as listed in the Settlement Stipulation 3 =Institute of Transportation Engineer's Trip Generation 7`~' Edition Land Use 411 The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South Gulfview Boulevard an LOS of A. The traffic analysis above compares the uses permitted by the Settlement Stipulation; the. existing uses of the subject property, and the maximum development potential allowed by the proposed OS/R and Preservation Districts and R/OS and P FLUP categories. Based on the ITE Trip Generation Manual, a parks and recreation use developed at the absolute maximum intensity in the OS/R and Preservation Districts and R/OS and P FLUP categories (3.59 acres) would not change the number of daily trips to Gulf Boulevard. Mass Transit The Citywide LOS for mass transit will not be negatively affected by the proposed future land use map. amendment. The total miles of fixed route service will not change;. the subject site is located along an existing transit route and headways are less than or equal to one. hour. Pinellas Suncoast Transit Authority's Suncoast Beach Trolley service is available along Gulf Boulevard. S:\Planning DepartmentlC D B1Land Use Amendments\LUZ 20081LU22008-05002.1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 6 of 9 Water This future land use map amendment reduces the density and intensity permitted on the subject property. The City has adequate water capacity to serve the subject property. Wastewater This future land use- map amendment reduces the density and intensity permitted on the subject property. The City has adequate wastewater capacity to serve the subject property. Solid Waste This future land use map amendment reduces the density and intensity permitted on the subject property. The City has adequate solid waste capacity to serve the subject property. Recreation and Open Space The subject property is a parks and recreation use. This future land use map amendment will protect the subject property from being redeveloped as residential uses. 5. The amendment will not adversely affect the natural environment. Habitats In addition to the developed areas, which include tennis courts, playground, walking trail, parking lots, and maintained landscaping, two natural habitat types also occur within the project limits. These natural habitat types are Mangrove Forest and Exotic Forest Wetland and are described below. Mangrove Forest: This habitat type is a dense forested swamp that occurs along low-energy shorelines and in protected tidally influenced bodies of water. This swamp community is usually dominated by red, black, or white mangroves, with openings and transitional areas vegetated salt marsh species. Within the project area, Mangrove Forest occupies 0.59 acres or 10% of the site. This habitat type is located on the east side of the project limits, bordering Clearwater Bay. The Mangrove Forest becomes inundated with saltwater during high tides. The forest is composed of black mangroves and the edges are vegetated with saltwort, glasswort, and salt grass. Several walking paths are located in the Mangrove Forest and are used by fisherman. Exotic Forest Wetland: This habitat type is a wetland dominated by non-native trees and other vegetation that were planted or escaped and invaded native plant communities. Within the project area, Exotic Forest Wetland occupies 0.39 acres or 7% of the site. This wetland is a narrow strip of vegetation located between developed areas and the Mangrove Forest. Plant species observed during field reviews include Australian pine and Brazilian pepper. S:\Planning DepartmentlC D 61Land Use AmendmentslLUZ 20081LUZ2008-05002 -1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 7 of 9 Listed Species ~J Based on field observations and agency database reviews, it was determined that a total of nine state and federal listed plants and thirty-two state and federal listed animal species occur or have historically occurred in Pinellas County. Of these species, it has been determined that ten animal species have the potential to occur within the project area. These species are presented in Table A and are discussed below. A white ibis (Eudocimus albus) and brown pelican (Pelecanus occidentalis) were observed during field reviews. In addition to these two bird species, nine other species have the potential to occur within the project area. Eastern indigo snake (Drymarchon couperi), limpkin (Aramus guarauna), little blue heron (Egretta caerulea), reddish egret (Egretta rufescens), snowy egret (Egretta thula), tricolored heron (Egretta tricolor), bald eagle (Haliaeetus leucocephalus), and roseate spoonbill (Platalea ajaja) have the potential to nest or forage within the mangrove forest or exotic forest wetland. Impacts After review of the project area, the City of Clearwater does not anticipate any environmental impacts to occur because of changes in land use from Residential Medium to Recreation/Open Space and Preservation. The future land use amendment is not anticipated to affect coastal habitats, water quality, water quantity, or threatened and endangered species. The City of Clearwater does not anticipate any environmental impacts to occur because of rezoning from Business to Open Space/Recreation and Preservation. The rezoning is not anticipated to affect coastal habitats, water quality, water quantity, or threatened and endangered species. S:\Planning DepartmentlC D B1Land Use AmendmentslLUZ 2008\LUZ2008-05002 -155'1 Gulf Boulevard -City of Clearwater\LUZ2008- 05002 Application.doc Page 8 of 9 TABLE A LISTED SPECIES~ENTIALLY OCCURRING WITHI~ PROJECT AREA -. • Reptiles Eastern indigo snake Drymarchon couperi Threatened Threatened Low Birds Limpkin Aramus guarauna Special Concern NL Medium Little blue heron Egretta caerulea Special Concern NL High Reddish egret Egretta rufescens Special Concern NL Medium Snowy egret Egretta thula Special Concern NL High Tricolored heron Egretta tricolor Special Concern NL High White ibis Eudocimus albus Special Concern NL High Bald eagle Ha/iaeetus /eucocepha/us Threatened NL Medium Brown pelican Pe%canus occidenta/is Special Concern NL High Roseate spoonbill Platalea ajaja Special Concern NL High ~ As reported by the Florida Natural Areas Inventory "Species and Natural Community Summary for Pinellas County." httn:,'.+www.fnai.org. 2008. Z Animal species listed by the Florida Fish and Wildlife Conservation Commission pursuant to Rules 39-27.003, 39-27.004, and 39-27.005 F.A.C. 3~As listed by the U.S. Fish and Wildlife Service in 50 CFR 17. NL=Not listed. °' Ratings are low, medium, and high based on field observations and FNAI elemental occurrences. Ratings based on presence of suitable habitat as follows: Low - Suitable habitat present in project study area but no record of occurrence within one mile of project study area and species not observed on site, Medium -Suitable habitat present in project study area and historical record of occurrences within one mile of project study area, and High -Suitable habitat present in project study area and species observed on site or known to currently exist within one mile of project study area. 6. The amendment will not adversely impact the use of property in the immediate area. The historic uses on the property are permitted uses within the OS/R and Preservation Districts and compatible with the area. There is a restaurant and many high-rise, high-density condominium developments in the vicinity. The uses permitted in the OS/R and Preservation Districts will not adversely or unreasonable affect the use of other property in the area. S:1Planning DepartmentlC D B\Land Use. AmendmentslLUZ 20081LUZ2008-05002 -155'1 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 9 of 9 • § 2-1304 COMMUNITY IDEVELOPMENT CODE 3. The design and construction of the tele- communication tower complies with the standards in Article 3 Division 21. (Ord. No. 6417-99, § 7, 8-19-99; Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6680-O1, § 6, 4-5-01; Ord. No. 7106-03, § 6, 9-18-03; Ord. No. 7413-05, § 13 5-5-05; Ord. No. 7605-06, §§ 15, 16, 4-20-06) DIVISION 14. OPEN SPACE/RECREATION DISTRICT("OSR") Section 2-1401. Intent and purpose. The intent and purpose of the Open Space/ Recreation District is to establish areas where public and private organizations can establish and operate passive and active open space and recreation facilities which are important to the quality of life and economic vitality of the City of Clearwater without adversely impacting the in- tegrity of adjacent residential neighborhoods, di- minishing the scenic quality of the City of • Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Section 2-1401.1. Ma~mum development po- tential. The Open Space/R,ecreation District ("OSR") may be located in more than one land use cate- gory. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Desig- nation of the property. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Maximum Dwelling Maximum Floor L¢nd Use Units per Acre Area R¢tio /Imper- Design¢tion of Land uious Surf¢ce Ratio Recreation/Open N/A FAR .25/ISR .60 Space Section 2-1402. Minimum standard development. The following uses are Level One permitted uses in the OSR District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1402. "OSR" District Minimum Development Standards Min. Lot Area Min. Lot - Max. Height Min. Off-Street Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking Front Side Re¢r Open Space n/a n/a n/a n/a n/a n/a 1 per 40,000 SF land area 1 per 20,000 SF land area or as determined by the community Parks and Recreation Facilities n/a n/a 25 20 25 30 development coordinator based on ITE Manual stan- daids (Ord. No. 6526-00, § 1,~ 6-15-00) Section 2-1403. Fle~ble standard development. The following uses are Level One permitted uses im the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Errata CD2:118 § 2-1404 c. d. r COMMUNITY DEVELOPMENT CODE The design, scale and intensity of the proposed development supports the established or emerging charac- ter of an area; In order to form a cohesive, visually interesting and attractive appear- ance, the proposed development in- corporates asubstantial number of the following design elements: • Changes in horizontal building planes; ' • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, rail- ings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. coastal wetlands of the Gulf of Mexico and Tampa Bay and noncoastal wetlands, environmentally sensitive palustrine, lacustrine and riverine ar- eas, natural and artificially made interior bodies of water and other submerged lands through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations. Section 2-1501.1. Maximum development po- tential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel. of land within the P District shall be determined by the s"tandards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Fu- ture Land Use Designations that apply to the P District are as follows: e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate dis- tances between buildings. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. ?106-03, § 7, 9-18-03; Ord. No. 7413-05, § 14, 5-5-05; Ord. No. 7605-06, §§ 17, 18, 4-20-06) DIVISION 15. PRESERVATION DISTRICT (~~P~,)- Section 2-1501. Intent and purpose. It is the intent and purpose of the Preservation District to protect the waters; waterways and Countywide Future Maximum Dwelling Maximum Floor Land Use Units per Acre Area Ratio/Imper- Designation of Land uious Surface Ratio Preservation N/A FAR .10/ISR .20 Section 2-1502. Flexible standard develop- ment. 'The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. • Table 2-1503.: "P"District Flexible Standard Development Standard s Use Min. Lot Size (sq. ftJ Min. Lot Width (ftJ Min. Setbacks (ft.J Max. Height (J$.) Min. Off-Street Parking Front Side Rear MaI'~as 10,000 100 25 LO 15 30 1/slip Outdoor Recreation/Entertainment 10,000 100 25• 10 15 30 5/10,000 sq. ft. Land l Errata CD2:118.4 i ._ - ~.r .. .. .i ,. ~ . r. ._.. .. r ) • L:or~pc~rate 1Yarranty lleed ~•-"'~ ~`~- 1~'~ iu:yih:•, This Indenture, made this 22nd day of March _ _ ~, ti ,.; 1 1 PINELLAS COUNTY FLA. _ ~ ! A.D.19 96 Between OFF.REC.BK 9288 PG 1893 ',~ ~ i CLEARWATER KEY SOUTH-BAY 1501 CONDO ASSOCIATION, O ?. i A/R/A CLEARWATER KEY ASSOCIATION - SOUTH BAY, INC. .. - . - (a. whose post office address is: 1501 GULF BLVD. , SUITE 306 •.• , .... . , CLEARWATER, FL 34630 • _ a corporation txisting under the laws of the State of Florida ,Grantor and CITY OF CLEARWATER, FLORIDA • A Municipal Corporation of the State of Florida • ~ ~ whose post office address is: P. O. BOX 4748 ' CLEARWATER, FL 34618-4748 . ~ C/0 CITY ATTORNEY . Grantee, Witnesseth, that the said Grantor, for and in consideration of the sum of ( $10.00 ) Dollars, to it in band paid by the said Grantee, the receipt whereo[ is hereby acknowledged, bas granted, bargained and sold to the said Grantee forever, the [oilowing described land, situate, tying and being in the County of Pinellas ,State of Florida, to wit: ' SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF ' _ t)ocumentery Tax Pd. t O . _ (r Intenpibls Tax Pd. Karlssn F. De181aker, Clerk, Pinellas County By ~-/ Deputy Clerk SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD AND GENERAL TAXES FOR THE CURRENT YEAR AND THEREAFTER. Parcel fk19/29/15/ 78643/000/0000 Md the said Grantor does hereby fully warrant the tiUc to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said Grantor has caused thu instrument to be executed in its name by its duly authorized o6ar and caused its corporate seal to be affixed the day and year first above written. CWD•1 CLEARWATER REY SOUTH-BAY 1501 CONDO ASSOCIATION. A/K/A CLEARWATER KEY ASSOCIATION - 50UTH BAY, I1~ Signed and Sealed in Our Presence: By: ~ ~ ~ ~~ D ~_ / JOHN SCRAPPER #ic /~~'L-~G1~ G~~'F~~~L~t~C~ A 1~ VICE-PRESIDENT "'m` Marie LaBarbera ems- **a/k/a JOHN W. SCRAPPER „~: ' '~'` ' (Corporate Scal) Audrey ochester State of FLORIDA Cotmty o! PINELLAS 7'he foregoing instrument was acknowledged before me this 22nd day of Mareb 19 96 , b; JOHN SCRAPPER, VICE-PRESIDENT of CLEARWATER KEY SOUTH-BAY 1501 CONDO ASSOCIATION, A/K/A CLEARWATER KEY ASSOCIATION, SOUTH BAY, INC. a corporation existing under the laws of the Slate of Florida ~ , on behalf of the corporation. He/She is personally known to me or bas produt:cd drivers license as identification. `p ~ / Cut ~ This instrtaaent prepared by: prn, Audrey Rochester NotaryPu~lic _. Coastal B on dvd Tit 7 a r n My Commission F~coirc:: ~~`•'~'-. ~DREY ROCHESTER • PINELLAS COUNTY FLA. a:,r."..-~~~~ ~~~•'-'*=" -~~~~~~~ ~' OFF,REC.BK 9288 PG 1894 _ EXHIBIT "A" -- From the Southeast corner of Section 19, Township 2~ South, :. ~.. Range 15 East for a point of reference; thence N.89 04'07"W. - ., along the south boundary of said section 2,?93.45 feet to a - •r point on the centerline.of.Gulf Boulevard (a 50.00 foot half right of way) thence along said line by the following three - courses: N.31°58'20"E. 826.95 feet to a point of curve; .along . the arc of a curve to the left radius 1,909,86 feet, arc 304.27 feet, chord bearing N.27 24'30"E. 303.95 feet, delta angle of 09°07'41" to a point of tangency; N.22°50'39"E. 71.06 feet; _ thence leaving said line.5.67°09'21"E. 146.52 feet; thence •' - •' - ~ -• -- ~• 5.18 09'21"E. 36.77 feet to the POINT OF BEGINNING; thence 5.67°09'21"E. 72.99 feet to the face of a concrete seawall; thence along said seawall 5.23°18'17"W. 83.19 feet; thence N.18°09'21"FT. 110.23 feet to the POINT OF BEGINNING. 9ta5126 MAR 03,26-1996 10~21t17 aEtX~Il1ED-CLfARYATFIt - " . 10C STAlD - Mt219 3 0241.38 .~ QECK ANT.iE19E1tE0t f~52.00 GiiYlfiEi {.00 ..,. -,, _._ _ ... ,._ .- - air-. .. .-. ....,. x- «., -~: .c; File No: 96-17438 ~, ~, • • • . E.~AA,L ttR2~TION ,~, H v BAtQD ~tSY T1'ER ~ Gt~f -Ok R ;From tin Bat:zheaet. cornea of s~l~sttbtm la, ~e South, Rapp ;1S 8aet far 'a poitt~ c! reterett~-0 khetre7p ~~.~~!'6"!'-11. a,loag R~ evutn boa~dllry o~ skid s~ettinn ~; >~93.4~3 ~blt4 Its a point aal t13! ~enterll~te ~ caul>r BouElavard -a so . oo fact f rilght of way} '~he~ae al+o8g eat line vY , e°hn ta11o tAswee conases? >~i.31°58'!O•$. 8¢8.9J fist to a post of ellta~j the arc of e 4tuz''re ~ bhe iertt >Fa~fii:ue 1, 909.86 Last, arc . S*! feet, chord 8~•itig.lQ, Z?•84' 10'x. • 303.95 feet, dA,~ta ~ 0!•07' ~1" to a !sit, of ~ P.2~°50'39"$.. 91.04 ~lt~,.le leariag said itle a.6?°09''yi"8.. 1+46.52 ~eet~ a a. ~. 3t.77 feet to the..POTZQT ~+' 88t.RIRpINar thence 8•. 6.?•09'8tt*$. 'q. lAet to the face of a aonorete seawalls thence dlagg piA see1M11.e.23°18'17°N. •83.19. feet t thence N. 18°09' 2i''IP. 110 . Sl feet to the POIIQT OF 8Eb11QI~t'214G. !Conta3aing o. a7 acres, more ox lees. NOTES CONTINUED: 3. SUBJEC7.T0 A 10'.FLORIDA POWER DISTRIBUTION~1~~~ vale - a FeCH SIDE OF THE FACRITIES AS RECORDED IN OA. BOOK 5531, PAGE tail OF 171E PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 4. SUBJECT TO TRUSTEE OF THE INTERNAL IMPROVEMENT FUND DEED RECORDED IN DEED BOOK 1531, PAGE 3S PUBLK: RECORDS OF PINELLAS COUNTY, FLORIDA. S. LEGAL DESCRIPTION WAS ~REPARED BY CUMBEY A FAIR, INC. 6. EASEMENTS DEPICTED HEREON REFLECT NATIONS TITLE INSURANCE OF NEW YORK, INC. COMMITMENT NO. 18-038419 DATED 1-31.96 AS PREPARED BY COASTAL BONDED TITLE COMPANY OF CLEARWATER. 7. ALL DISTANCES ARE RECORD AND MEASURED UNLESS OTHERWISE NOTED. fi _. ~_ cunn~~Y coN~u~T~~~ ~~ r 24x3 ENTERPRISE ROAQ, CLEARWAI'ER, FLQRIpA 34623 '8CALE I ~~= ?p !DATE 2~ I ~~°~(o lo~lA~ICNk J~B NO.~Q~'7> CT'~LUlIIIIM CO, NIt04 ~ ~ ~ ~ _ -Sec. 1 ~ TJ~Ip~ S. Rny. 15 E. Job No. 01~7°~ .~ 6er714lo 52'G "•~o~ - q ~ Sls~e+~! 2f°rr 2e o le 2e 3to.'fT ACA!-6; I". 2o' e ~ hN ^ pp $~ ~ S .ItJaH1U~. 1709, 6!e' (J' ~ 2~~~ " t drzC . 3oi4.2'7' _ t~,p , ota• 30'!,93' 0 15102,p t'SEi1ttJN6•u27'L'fitBD'E ` wo IY . ,4i Off- ~'~,, ~~ ~" ~~ . ~'~' `L o t= ~ _ sev~errwcv. TM f'3w~.beiy \ ~66TO.d ~9. ~TMfbbT Ger~,IGY ele :I~CTiew pj, i 0 N F1av vez~~.. I1ote Wft'H jl; evT eK o' seswt-u- SuE6T t of Z LEGEND: Notes: eTAt = found Concrcfe Yonumenf e'xf' LS 2607 ((P) Potted FlR =Found Iron R d ' 1. BaarlnQa an based on tha.South BOU+dtry o} o (M = Meoaured FC/R =Found Copped Iron Rod I/Y LB /7768 (f/ -Field SClR =Set Copped Iron Rod I/?' LH /1168 (R) R di / SaMlon t8 lbOflah~ 28 aouTh, Rangra 1S Nlt, Sdd (.ItN bates N~Qe°pq~e7~ w. . , o o A/C =Air Conditioner and Concrete Pod (CJ - Colcv/oted 2. Etevdtiofls or! based On N.G.V. D. Ootum of 1923 PCP = Permonenf Conero/ Point fND. : Found , McOtl SCO LCVeI = 0.00 ' ~ PC =Point or Curvoturc r ?J.~1 = Elerotlon CB =Chord Heeriny R Floe Une TC =Top oI Cur6 . • ( ~ COriCrcte " CERTFIED Td. City of Clsarwalar, Florldra - Natbns Tttlrr insunnet of Nsw Y MINIMUM Company otiy Ine. TECHNICAL STANDARDS AS SET FORTH 8Y TFE FLORIDA' BOARD Cosstal Bonded TftN Insurance Company of OF PROFESSIONAL LAID SURVEYORS AND MAPPERS IN CHAPTER Clearwagr ayr:nri mnen• •wu.r.=..._..,.. ~_~ -._---- _ -- HUD/FIA F.I.R.M, COMMUNRY PANEL N0. TYPE OF SURVEY _.. , . DATE , _ _~ PROP. HOUSE LOC. HOUSE STAKEOUT _ VACANT tom. BEAD. fCwrnLEEN'C. LANZPIEp, LS. iFSYl~- LORDA REGISTERED 8URVEYOR 0o t.a. s oATEo-~u~ l 1%8'~ zol~o A-11(E:L~I. I t) iRVEY~.~.. ~oATE .~ :~.xCUMBEY A g-~ FAIR; J -INC. -..:`~ -. ENGINEERING ® LAND SURVEyiNG 2483 ENTERPRISE ROAD Z 13 ~9[e CLEARWATER, FLORIDA 34623 ClWR.707-6982 TPA. 223-4333 I • ~~~~( TffiS SPECIAL WA1tRANTY DEED • -r . ~ Made this ~,2 ~ day of , A.D. 1996 by the CITY OF CLEARWATER, FLORIDA, a Hunicipal Corporation of the State of Florida hereinafter called the Grantor, to CLEARWATER REY ASSOCIATION - SOUTH BAY, INC., •`! a Florida Corporation whose Post Office address is: 1501 Gulf Boulevard, Unit 804, -- •: - ~ •- Clearwater, Florida 34630, hereinafter called the Grantee: ~~u was e~.~ s~ vm •t~.wo.• .ea •t,.o~• och~ee au me p.rlin n min ms+nan~ .~ ae ~.. iq.t rsprn~aLV.n aoe ...~ of iad7v:eu.t., aoe me arccswn .od ,ugnr d uwponemA Ritnessetb, that the grantor, for and in consideration of $10.00 ~.. ___ and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain parcel of real property situate in Pinellas County, Florida, viz: A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO. Together with all the tenements, hereditaments and appurtenances • .. thereto belonging or in anywise appertaining. IN COMPLIANCE HITS BEC. 2.665, CODE OF ORDINANCES OF ?HE CITY OF- .. CLEARWATER, FLORIDA, THE PARTIES E%PRESSLY COVENANT AND AGREE A9 FOLLOWS: • A. Neither Grantee nor any successor grantee in title or interest shall use the property described ,herein for any purpose or purposes for which ad valorem property tax exemption would be available. B. Application by the Grantee, or any successor grantee in title or interest, to the property appraiser of Pinellas County, Florida, for ad valorem tax exemption shall cause title to the property described herein to revert to the City of Clearwater automatically as of the date the application is filed and regardless of whether the application is ultimately granted or denied. C. This restriction and reverter shall run with the land and reverter hereunder shall be to the City absolutely and not to any intervening owner of the property. D. All subsequent deeds or other instrument of conveyance .,., .• ~•, . _ r,,, _,.4,w .rr ~._~.q ,;~,,_- ~_. shale.. contain,.~.this,_res,~r,ct;ion,~_ w;~his_,_restrictfon.._and_ reverter, .-~,.~~,,,.~._~..a: shall run with the~land fn perpetuity. .. ~ To Have and to Bold, the same in fee simple forever. Page 1 of 2 • + 1 ~~ Subject to nondelinquent ad valorem taxes and current installments of special assessments not yet due and payable, to highways, rights-of-way, mineral reservations, licenses, easements and restrictions of record generally, zoning ordinances and other governmental limitations, or others which might be disclosed by an accurate inspection and architectural survey. Ana the said Grantor does specifically warrant the title to said land and will defend the same against the lawful claim of all persons claiming by, through or under Grantor except taxes for the year 1995 and subsequent, and subject to the matters hereinabove mentioned. In Witness Wbereol, the grantor has caused these presents to be executed in its 'name, and its corporate seal to be hereunto affixed', by its proper officers thereunto duly authorized, the day and year first above written. Countersigned: ita Garvey Mayor-Commissione CITY OF CLEJ~RWATER, FLORIDA By: J Eli et K. Deptula City Manager Atte t: (~jits~ G / J~d~ Cy hia E. Goudeau, City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this~day of , 1996. ~'."~ DENISE A WILSON otary Pu 1 c ~^'~+~~~+rct:ouaeo~IREs Print/type name: ``;,P,,,;t,Sf~ eaam,wu,AC ~,;,;;a,wcE nc STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to ne. WITNESS my hand and official seal this~day of , 1996. ~t~. +~ DENISElLWHSON . w colnusswN ~ a amroe ors Otary Pub 1 ... r~F eo~mnw~i~rn+rbiw+~~wcE.ee. Print/type name• Approved as to form and legal sufficiency: J n Carassas, Assistant City Attorney Page 2 of 2 ~, `s ` • Sec. 19 Twp. 29 S. Rnp. 15 E ~ Jt•Sa•~,,._ ~O cy ~~ ~o °-. ~~ ,~ °~ N ~ ~ ~ C+ SOUTHEJ~ST CORNER Of SECTION t9-29-t5 ~i ~O ~ O~ N -i IJ • Ea7iInIT "/!~ N 2750'39'[ 71.06' -- R 1909.86' w b = 09'07 V t' l = 30.27' °i ~ C " 301.95• GULF BLVD. C.B. N ?T2~'30'E ~ °-iO9 27.75' W'~K F.c.I.R. 1/r P.o.e. L.B. 2168 F.I.R.. /2" 20 10 0 20 SCALE IN FEET 01 ,.POLE ~ ~ ~ (n tJ fJ -' f.1.R. 1/2" (WITNESS ~~ CORNER) pJ ~1, `~ J 6 ~ ~ ~ ~ ~0 1 STORY 1 MASO p ~ ~/~ ~, 5 NRY BUDDING o9>y~ ti s F ~. ~; ~i B ''A ?~s~ ~ LEGAL DESCRIPTION . CITY OF CIEARWATER TRANSFER TO SAND KEY CONDOMINIUM SOUTH BAY - 1501 GULF BOULEVARD From the Southeast corner of Section 19, Township 29 South, Range i5 Eost for o point of reference; thence N.89'04'07"W., otong the South boundary of sold Seci'lon 19, 2293.45 feel to o point on the centerline of Gulf Boulevard (0 50.00 foot half right of way); thence along sold tine by the following three (3) courses: (1) N.31'S8'20'E.. 826.95 feet to o point of curve; (2) along the orc of sold curve to the left. having o radius of 1909.86 feet. on orc of 304.27 feet. o chord bearing and distance ot. N.2T24'30 E., 303.95 feet and o delta angle of 09'07'41" to o point of ton~ency; (3) N.22'S0'39"E., 71.06 feet; thence :.~-leaving said. aine,..,S.6T09.'2i E.. 50.00-~ feet to a point on the ,Eosterly~..right-; of- .-;-.. •--:- vroy Fine of sold Gulf Boutevord and the POINT OF BEGINNING; thence continue S.6T09'21"E., a distance of 96.52 feet; thence S.18'09'21"E, 36.77 feet; thence N.67'09'21'W., 120.64 feet to said right of way line; thence oEony said right of way' tine. N.22'S0'39"E.. 27.75 feet to the POINT OF BEGINNING. Containing 0.07 acres. more or less. w ~~ r • 1 ~ ~' ~~ ,\\ cEL ~j . ~q ~~ O~. I~ .. ~ ,~,.~ ...~ .: _ ~ +. -~ .. _.. , • , . .... __. ~ DEC 17, 1992 5:45PM FINELLAS COUNTY f'LA. - ~,~ yOC•_G'n ! OFF.REC.BK 8124 PG 1099 .. , . _ .~ ,. •. ~. ,. ~..,~ , STATUTORY WARRANTY DEED W I T N E S S E T H: Grantor, for. and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which are hereby acknowledged,' -has' granted, bargained and sold to Grantee, and . Grantee's heirs, successors and assigns forever, the following described land, situated in Pinellas County, Florida: ;~ ,~a+Qa~~ SEE EXHIBIT "A" ATTACHED HERETO AND ;a~~ o~~~~d'~ INCORPORATED HEREIN. ~~~c~c°~Ty ~~ Q~ ~ SUBJECT to applicable land use and zoning Qa`' ~~~' restrictions and to easements, reservations .~~ and restrictions of record, if any, which are z~ specifically not reimposed or extended d° hereby, and to taxes for the year 1993 and '4 subsequent years. o~ Grantor does hereby fully warrant the title to said land and will defend the same against the. lawful claims of all persons whomsoever. THIS INDENTURE, is made on December (~ 1992, between ANTHONY A. PETRARCA, ("Grantor") whose address is 1765 Merriman Road, Akron, Ohio, and CITY OF CLEARWATER, FLORIDA, a municipal corporation ("Grantee"), whose post office address is P.O. Box 4748, Clearwater, Florida 34618-4748. The tax parcel number for the aforedescribed property is 19-29-15-00000-430-0100. The tax identification number for the Grantee is 59-6000289. m t _ .-~ ------------_--' r -~ ~ ~ '~ a o~~~ ~o oa IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: ~ ~x1~i i g t u r e ~czy s7 e E , seArs Print name ~7 o~/P~ i~'t~r~~~"S signature LE~'r~; rr /~ey~ ~ Print name COUNTY OF PINELLAS ) STATE OF FLORIDA ANTHONY A. PETRARCA, BY ' TIMOTHY A. JOHNSON, JR., ATTORNEY-IN-FACT PURSUANT TO IRREVOCABLE LIMITED POWER OF ATTORNEY,: DATED DECEMBER 10, 1992 ~ ; : •i ;; ~ . fir:: I ~ `~ ~4AR 15 i:''f ; • r -. .._. The foregoing instrument was acknowledged before me this ~9 ~- day of December, 1992, by TIMOTHY A. JOHNSON, JR., AS ATTORNEY- IN-FACT FOR ANTHONY A. PETRARCA, PURSUANT TO IRREVOCABLE LIMITED POWER OF ATTORNEY, DATED DECEMBER 10, 1992, who is personally known to me. ~~~ ,/~/~" ~~~ 121692 d-3 (LE) J~'~"'~` 911\JES\PNC-WD ~Y k2-~0/ to Public Print name: My commission expires: JAYNE E. SEARS Notary Public, State of Florida ~a., rnm.niecinn Frnfrc~ September 2, 1999 `~~ ~ . _~ • ~, -« .:.... q.---~• OFF.REC.RY. 8124 iG 1100 ,' GXHIIIIT "A" Y Y ~' 1 , ~ A portion of Section 19, Township 29 South, Range 15 Baat, Pinellas County, Plozida, being more particularly described as Follows: From the Southeast corner of Section 19, Township 29 South, Range 15 Bast, for a point of reference; thence North 89°04.07^ West, along the South boundary of said Section, 2293.45 feet to a point on the centerline of Gulf Boulevard (a 50.00 foot half right of way); thence along said line by the following three (3) courses: 1. North 31°58'20" Bast, 826.95 feet to a point of curve. 2. Along the arc of a curve to .the ..left radius 1909.86 feet, Arc 304.27 feet, Chord Hearing North 27°24'30" Seat, 303.95 feet, Delta Angle of 09°07.41" to a Point of Tangency. 3. North 22°50'39" Seat, 71.06 feet. Thence Leaving said line South 67°09'21" Bast, 50.00 feet, to a point on the Basterly right of way of said Gulf Boulevard and the Point of Beginning; thence continue South 67°09'21" Seat, 96.52 feet; thence South 18°09'21" Bast, 147.00 feet to the face of a concrete seawall; thence South 67°09'21" Bast, 170.00 feet, more or less, to a point on the mesa high water line of Clearwater Bay as surveyed on August 18, 1980, said point hereinafter referred to as Point "B" for convenience; thence returning to the Point of Beginning; thence South 22°50'39" West, along said Basterly right of way line 71.06 feet to a point of curve; thence along the arc of said curve to the right radius equals 1959.86 feet, arc equa7'~.312.23 feet, Chord Bearing equals South 27°24'30" West, 311.90 feet, Delta angle of 09°07'41" to the Point of Tangency; thence South 31°58'20" West, 243.62 feet; thence leaving said line South 89°04'07" Baet, 233.42 Eeet to the face of a concrete seawall and the aforementioned mean high water line; thence Northerly along said line and binding therewith to the aforementioned point "8". 7: ~?EJ- CC (~ 1 g r. n - RL,~~R~11~(3 1 .~ ~, - - T~:TA~ , _~~,,.,_ _~.. i.HE~vE; Ah;T. TEPaDEr^:EC+: y,~+r 4f ~~, ~l 5~\ i,Ol j~orate , 1'arranty t~ee~ nr.l~ ~U, 1 _y 9b 1 V : ~1 /ti.'i This Indenture, madc this 22nd day of. March PINELLAS COUNTY FLA. A.D.19 96 Between OFF. REC.BK 9288 PG 1893 CLEARWATER KEY 50UTH-BAY 1501 CONDO ASSOCIATION, A/R/A CLEARWATER KEY ASSOCIATION - SOUTH BAY, INC. whose post office address is: 1 SOl GULF BLVD. , SUITE 306 CLEARWATER, FL 34630 a corporation eldstiog under the laws of the State of Florida ,Grantor and CITY OF CLEARWATER, FLORIDA A Municipal Corporation of the State of Florida whose post office address is: P. O. BOX 4748 CLEARWATER, FL 34618-4748 C/0 CITY ATTORNEY Grantee, Wltnesseth, that the said Grantor, for and in considuation of the sum of ( $10.00 i Dollars, to it in band paid by the said Grantee, the receipt whereo(it bereby acknowledged, has granted, bargained and sold to the said Grantee forever, the following described land, situate, Eying and being in the County of Pinellas ,State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF " _ Doeumantery Tax Pd. t O . _ ...... ~ Intangible Tax Pd. Karlsen F. l)eBlakw, Clerk, Pinellas County By~x~ ,Deputy Clsrk SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD AND GENERAL TAXES FOR THE CURRENT YEAR AND THEREAFTER. Parcel if19/29/15/78643/000/0000 Md the said Grantor does hereby fully warrant the tiUc to said land, and wiH defend the same against the lawful claims of all persons whomsoever. Ia Witness Whereof, the said Grantor has cattscd this instrument to be executed in its name by its duly . authorized o6ar and caused its corporate seat to be affixed the day and year first above written. CLEARWATER KEY SOUTH-BAY 1501 CONDO ASSOCIATION. A/K/A CLEARWATER KEY ASSOCIATION - SOUTH BAY, ITS Signed and Sealed in Our Presence: By, JOHN SCRAPPER ~ --yy~~,, ~~ ~~ o~ lts VICE-PRESIDENT "'°` Marie LaBarbera ~-- '~`a/lc/a JOHN W. SCRAPPER ~~ n.me: (Corporate Seat) Audrey ochester State of FLORIDA Cotmty of PINELLAS ' The foregoing instrument was acknowledged before me this 22nd day of March 19 96 , b;' JOHN SCRAPPER, VICE-PRESIDENT of CLEARWATER REY SOUTH-BAY 1501 CONDO ASSOCIATION, A/K/A CLEARWATER KEY ASSOCIATION, SOUTH BAY, INC. a corporation existing under the laws of the State of Florida , on behalf of the corporation. He/She is personally known to me or bas produced drivers license as identification. ' _ J ~~ / ~ ~ This instrument re aced b '~~ r~~~tl~-~=~=! P P Y' Prnm .ymc 0 Q'e Audrey Roc heater Notary Public _ t:WD-1 Coastal Bonded Titles r'., My CommissionF~cnvcc ;`':~:=. IU10RE1'ROCNESTER • PINELLAS COUNTY FLA. OFF.REC.BK 9288 PG 189 EXHIBIT "A" From the Southeast corner of Section 19, Township 2~ South, Range 15 East for a point of reference; thence N.89 04'07"W. along the south boundary of said section 2,?93.45 feet to a point on the centerline of. Gulf Boulevard (a 50.00 foot half right of way)othence along said line by the following three courses: N.31 58 20 E. 826.95 feet to a point of curve; along the-arc of a curve to the left radius 1,909.86 feet, arc..304.27 feot,~chord bearing N.27 24'30"E. 303.95 feet, delta angle of 09 07 41 to a point of tangency; N.22°50'39"E. 71.06 feet; thence leaving said line S.67°09'21"E. 146.52 feet; thence 5.18 09'21"E. 36.77 feet to the POINT OF BEGINNING; thence 5.67°09'21"E. 72.99 feet to the face of a concrete seawall; thence along said seawall 5.23°18'17"W. 83.19 feet; thence N.18°09'21"ii. 110.23 feet to the POINT OF BEGINNING. 9C2551E6 MAR Q3~6-1996 iQa21t17 AEODRDI16~~iFB IOC STAMP - IR219 d l241.S~9 CHECK ANT.TEMI~ERDt f~52.Q0 CIifY6Et i.OI File No: 96-17438 ~ • • L~AL ~~1i2~TION ~ ~gsar ~ ~ . ct~r -oi• ;>~'rom tin >9o~heaet. corner of ~I!~tt3Lt7h la, ~'~ ~5 South, Res>ga 1S' 8aet 16ar a poitsR c! reterett~ lrhent3lt ~t ~+f3'7"'II. along tL4e ec~1~t)t! bogy of mid setti~ ~; l~~93 . ~~ ~altt O~Ir a >aoint cn t1~1 ~enteril~ ~ tau1L 8ot1-levard f e SO.00 €oot f rilght of way} thcnee alq~ eal~d line by .the lo11vM tfiree com~sea~$ ~P. ~i ~58:~ 20+x. 8¢fi . 9J met to a post of @itlrYle= a,1,oc~ the arc of !lurre• ~o• tlhe left ><acMus 1.909.86 Legit. aa'a ~.9~! feet, chord wring. A.19•34' 30~. 303.95 feet, Qe~,-CII MS N•07' 41" to a :islt. O! t~age~~ 10.23°50'39"$.. 9i.OlR $Mtf,. leaning said isle 8.6?°S~8''ti"8. 146.52 !sett 6e $.! ~. 31.77 lest to the..POT10T m'P' 8El0IRlQ•I10(I<t thenoe S•.69•Q9'S#+~. 'y. tdet to the lace of a oonctete seawall t thence alol~g Nt~a seeIM1111- 8.23 ° iB' 17 "tI . :83.19. !sett thence 10.18°09'21'~IP. 110.21 feet to the P0I1QT OF $EC~31Q1021QG.. Containing 0. a7 acres, more ~ lees. NOTES CONTINUED: 3. .Sl~JFC?_70 A 10'.FLORR)A POWER DISTRIBUTION_EASEMENT u-tNC, a FeCy SIDE OF THE FACILITIES AS RECORDED IN OA. BOOK 5531, PAGE 1031 OF 7HE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 4. SUBJECT TO TRUSTEE OF THE INTERNAL IMPROVEMENT FUND DEED RECORDED IN DEED BOOK 1531, PAGE 35 PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. S. LEGAL DESCRIPTION WAS ~REPARED BY CUMBEY 8 FAIR, INC. 8. EASEMENTS DEPICTED HEREON REFLECT NATIONS TITLE INSURANCE OF NEW YbRK, INC. COMMITMENT NO. 18.0.18419 DATED U3b90 AS PREPARED BY COASTAL BONDED TITLE COMPANY OF CLEARWATER. 7. ALL DISTANCES ARE RECORD AND MEASURED UNLESS OTHERWISE NOTED. S HEET 2 OF 2 CUMB~Y ~~;11,,, 1~'~I• coNSUtLTt~1~ ~i~. ~~i~~ 4403 ENTERPRI8E ROA11, CLEARWAI'ER, FLORI~A 34823 SCALE I ~~- Zo BATE 2~ 1 ~~°~!o D~LSA~ CHk ~t)B No.O¢7> CRY ~LUEh11M CO. NIt061 • ,.` ~~ :See. 1~ T~rpy 2~ S. Rng. 15 E. .n -p~ ry ~ / NN n = PO.$y~, I76LT4 ~ v9~07'.01" ~~ tZ3,iS1US~ 19001. t3(e• 4>zG . 3014.2'7' ZAa¢p t'SEJ-tuN6.1127~9ta'E ~,'tF,1o~.IFla: a F ~• - M 6ouwveaey \ a-BaTgw 1,, ~'kTMlSI-6T ~e~IC2 eF Job No. 047° 547= 0%21'~ G ~ 144.52' 418od! 2(~~ m o to Zo 1{S a4ar scA.t.E : I "x ~ ~~ t?~ ~. 1 ~. w ~- ~~ Ns ~"~ ~N~- Fnty. ott~u- Hot.lf WRtd R olsT' IN ~ o' srawau- S-1t:ET I o1= Z LEGEND: Notes: fCAt - Found concrete Monument 4•x4' LS 2607 (PI = Pbned F/R = Fovnd /ron Rod AI M 1. BaarlnQs era bated on tI1s.South Boundary of - easured FC1R = Found Capped /ron Rod !/2' LB /7168 (f~ - Frc/d SCIR - Sef Copped Iron Rod 1/?' LB /2168 (R) R di l Sactlon 19, Tb~rnah 29 lOUt14 Ra Stld lJt1a. N w ~ 15 east, . o o 1/C -Air Conditioner and Conerote Pod (C) - Colev/ated PCP Permonenf control Point 1'Tlp. = Fovnd 2• Elevations ore Dosed on N.G.V.O. Datum of 1929, Meon Sea Level = 0 00 . . PC = Point oI Curvaturo x 23.41 - £lerothn CB - Choro Beeriny R. Flow Une TC top o/ curb C = t:OrlCrote " CERTIFIED TO: CNy of Cbarwatsr, Fbilda - Natlorn TNIa Insurenea of Maw Y Company orlt, Ina. Coastal Bonded Tnb Insurance Company of Ct T MINIMUM TECHNN:AL STANDARD AS SET FORTH BY ThE FLORIDA' BOARD OF PROFESSKN~IAL LAND SURVEYORS AND MAPP sarwaNr ERS IN CHAPTER 81G17-! FLORpA ADMINISTRATIVE CODE, PURSUANT TO SECTKNJ 072.027, FLORIDA STATUTE TH$ SURVEY NOT PAID UNLES8 RpRIMTED WITH AN:EN~OSSID 8EAL KATHLEEN LAN R LS. iFS120 HUD/FIA F•I.R.M. COMMUNITY PANEL N0. 12$oeXo 0o 14 s LOWDA RECi1STERED ~URVEYOR DATED:JU~ 11%8 20NE: ~, Il [st,-H/. It) TYPE of SURVEI! "... GATE -;,,,TYPE .OF 8URVEY ... PROP. HOUSE LOC. Fly~l DATE -` "GUMBEY . , 8 _ FALR INC: "_ HOUSE STAKEOUT UPp~TE ENGINEERING ® LAND 3URVEYTNG VACANT 2183 ENTERPRISE ROAD E:~wl.tvra~Y 2 13 Jgco CLEARWATER FLORIDA 3!823 S FOUNDATION , CLWR.707-8982 TPA. 223-4333 r • • .-- 0° - - TIiIS SPECIAL WARRANTY DEED Made this ~~~ day of _ , A.D. 1996 by the . .. -, I.. ~ ". CITY OF CLEARWATER, FLORIDA, _. a Municipal Corporation of the State of Florida -••-~ ~• • . ~ • ... = =. • -- hereinafter called the Grantor, to CLEARWATER REY ASSOCIATION - SOUTH BAY, INC., `~ a Florida Corporation whose Post Office address is: 1501 Gulf Boulevard, Unit 804, -- ~ ~-- Clearwater, Florida 34630, hereinafter called the Grantee: (V1'bmcvu uud base ~ tam '~nntar' rA •sraotre' ocludc .0 the pvYes b tbia mstn~mt ~ the brio, tifv rty~csrntativu Cott aasiyeu d mdividtu4, .od me wcccsaan .od nuns of corpottiaea Witnesseth, that the grantor, for and in consideration of $10.00 ~.. ___ and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conve~-s and confirms unto the grantee, all that certain parcel of real property situate in Pinellas County, Florida, viz: A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT °A" ATTACHED HERETO. Together with all the tenements, hereditaments and appurtenances . _ thereto belonging or in anywise appertaining. IN COMPLIANCE AITH SEC. 2.665, CODE OF ORDINANCES OF TH8 CITY OF- • CLEARWATER, FLORIDA, THE PARTIES EBPRESSLY COVENANT AND AGREE AS FOLLOWS: A. Neither Grantee nor any successoz grantee in title or interest shall use the property described .herein for any purpose or purposes for which ad valorem property tax exemption would be available. B. Application by the Grantee, or any successor grantee in title or interest, to the property appraiser of Pinellas County, Florida, for ad valorem tax exemption shall cause title. to the property described herein to revert to the City of Clearwater automatically as of the date the application is filed and regardless of whether the application is ultimately granted or denied. C. This restriction and reverter shall run with the land and reverter hereunder shall be to the City absolutely and not to any intervening owner of the property. D. All subsequent deeds or other instrument of conveyance - .. _ ,. , ,.. ,, ,.. ,. shall. contain..this _re_sar,iction.,_....Ths ,.restriction. and reverter ....... ......... shall run with the~land in perpetuity. ._.-. .. - ~ To Have and to Hold, the same in fee simple forever. Page 1 of 2 `~ Subject to nondelinquent ad valorem taxes and current installments of special assessments not yet due and payable, to highways, rights-of-way, mineral reservations, licenses, easements and restrictions of record generally, zoning ordinances and other governmental limitations, or others which might be disclosed by an accurate inspection and architectural survey. And the said Grantor does specifically warrant the title to said land and will defend the same against the lawful claim of all persons claiming by, through or under Grantor except taxes for the year 1995 and subsequent, and subject to the matters hereinabove mentioned. In Witness Whereof, the grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year-first above written. ,. , Countersigned: ita Garvey Mayor-Commissioner CITY OF'CLEARWATER, FLORIDA By: Eli et M. Deptula City Manager Atte t: c G Cy hia E. Goudeau, City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor-Commissioner of the City of Clearwater, Florida, who' executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this~day of , 1996. .. - ~ ~~ DENSE A WILSON otary Publ c w-+'c~r+ss~r+~a:o+~oeo~rrFs '' .F~ne 16, 7990 Print/type name: ~',~~~~~ ea+omTrqumc~F,a.~,wet,xc. STATE OF FIARIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this~day of , 1996. ~M•'`gr~. DENISE IL WLSON , otar Pub i :•; ~)esrcauussa+ia2m~oeo~s Print%type name• "' `~ ~~+~TMO++µ*~~wa.ec. Approved as to form and legal sufficiency: ~r J n Carassas, Assistant City Attorney Page 2 of 2 ~ ~ Sec. 19 Twp. 29 & Rnp. 15 E ~- --_- 8?6.95' C ~viFrfRC'"f c~, -+ ?rso•39•E 80UlCVgRp 71.06' `"o G Z 3 m~ mo Gy~O~ a o,~ N - ~' O: ~~ ~i SOUTHEAST CORNER Or SECTION 19-29-15 w P.O.B~ F.I. R. /2" 01 ,- LIGHT tO O - POLE ~ ~ so ~ N N s1 Ip Oi N N to 'o -~ r.LR. t/r (WITNf55 C -~ CORNER) J 0 UU N o 11 ,~ s ~ 6 9 d° 0 °Rtf ~ u so ~~~/y, ~ 5 , n N Rr BUILDING 09 y. y ~ i"q J' B i~ ?~~~~ d LEGAL DESCRIPTION CITY OF CIEARWATER TRANSFER TO SAND KEY CONDOMINIUM SOUTH BAY - 1501 GULF BOULEVARD From the Souiheosl corner of Section 19, Township 29 South. Ronge i5 Eost for o point of reference; thence N.89'04'07"W., olong the South boundory of soid Secl'ron 19, 2293.45 feel to o point on the cenierfine of Gulf Boulevord (0 50.00 toot holf right of woy); thence olong soid Gne by the following three (3) courses: (1) N.31'58'20`E.~ 826.95 feet to o point of curve; {2) olong the orc of soid curve to the left. hoeing a rodius of 1909.86 feet, on orc of 304.27 feet, o chord beoring and distonce of. N.2T24'30"E., 303.95 fee! and o Bello angle of 09'07'41' to o point of ton~ency; (3) N.22'S0'39'E.. 71.06 feet; thence ...leoving soid. <fine,..:S.fzT09'21 E., 50.00- feei to o point on the ~Eosterly . righi. of woy Gne of soid Gulf Boulevord and the POINT OF BEGINNING; thence continue S.6T09'21"E.. a distonce of 96.52 feet; ihence S.18'09'21'E., 36.77 feet; thence N.67'09'21"W., 120.64 feet to soid right of woy line; ihence o~ng soid right of woy' Cne~ N.22'S0'39"E., 27.75 feet to the POINT OF BEGINNING. Contoining 0.07 ocres, more or less. R = 1909.86 L ~ ao,.27' c . ~o3.9s• GULF 8LV[ C.B. ~ N 2T2,'30 E ~' CON '39" E ~- 27.75' - F. C.1. R. 1 /2~ L.B. 2168 20 10 0 20 . SCALE IN FEET 1 .:.,~ >l: V~7TI)i~i' 111)11 ~\ c~'~ ~l `~ . ~ ,. ~~ ~~ ~> ~`~, .., c~L ~`I ~q ~~ 0`.. 1~ ' ~ ,, ~ . _, _ .. ., .. ~ .,\ __ . E z `-~a U >N a~ ~g ON ~~ 3036 , - °~ earwater 78638 J , ~ _ L '~ 8633 ~~ J ,) ~y r, V - _ - _ _ - ~ - _ _ _ _ _ - _ GOVT LOTI - _I - /J- covrLOTS 1 O ~ /~9 1.19 Ack7 ''~ ~ Prepared hy: Engineering Department Geo ra hic Technolo Division 9 P 9Y 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562.4750, Fax: (727)526-0755 www.MyClearwater.com ~.+~ ~' ) I f r 18639 ~ <~~ '- I ~ L - J r oisdaimer Public information data is Pomishedbythe GfyalClearv/ater te/ I '~ A '+a I /I ~ t { ~ $~~, ~~ s ~~ ~ / ~ Engineering Department and must be accepted and used by the recipient with the understanding that the data 2ceived was collected for the puryose of developing a grapAie infmstruclure inventory. AS SUCK, the Gty of CleaAVatermakes expressed ortrnpGed concerning the accuracy no warranties r, ~ r 4 ~~ //~ , , , completeness, reliability, or swlabilrty of this data for any otherpartialar use. Furthermore, the City of Clearwater assumesnoliability whafsceverassociated with the use or ~4nC. f - ~ ~ misuse otsuch data. , py~ _ ~ LTes3, J I ~w ~ 1 inch equals 2DD feet 2 ~ X8639 J L ` ~~ o - ~ ~v~ ~ 200 100 0 2DD i 0'1, C -~ ,,~ ~ Feet J 1 ~~ ((~ m l~~' ~tgq~i~ ,~ ~ ~ ~ ~ Legend ® ~ I J (7i) ~ i 1 ;/ ; i , ~ ~ X City Owned Property . , rae3o L - J ~ ~ ~~` 9 ~ ~ ~ ~ " Agreement to Annex I SUB NUMBER * R f t Pl t 643 , ' -q~ 4 i`~ 12345 J ( - e er o a ) ~ ! ,sa, 'D i O BLOCK NUMBER ~ 'P f l - yl y +~ SUB PARCEL NUMBER i L 390 J rsfi ~ 37/02 O PARCEL NUMBER (M&B) ~~~ 4, f ~~ I `~-~ LAND HOOK (COMMON OWNERSHIP) ' ~ ~' ~ /PLATTED SUBDIVISION BOUNDARY i ; 1 ^, ~~~ J~ ~ _ ~ ,C!/~L - ~ / ~ ~ ~'"'f ~ ~ - r 1^, , / ~ L933B1 ~ V m" rssr 1 ~i ~,^~,~ ~Sa Q- ` `~ ~ I 0 COUNTY HIGHWAY T GHW fiD 3 ~ ~~ ~ ~ S ATE HI AY / ,, , v • / ~ ~ /fr U +y% l ,B U.S. HIGHWAY /t ~ ,,, - ~ 7 rs >r ' X 3.55 A i ~ 93382 ' Outside City of Clearwater -_______-________-________________ J ;' RESIDENTIAL DISTRICTS r .~ ~^ - LDR -Low Density Residential LMDR -LOW Medium Density Residential MDR -Medium Densit Residential y MHDR -Medium High Density Residential _ I 1 HOR -High Density Residential MHP -Mobile Hame Park 55303 ~ s, CRNCOD -Coachman Ridge Neighborhood Conserr40on Overlay Di5ldct r ~ 72838 ~ ~ \ l- - J s r m Ao~h ~e g is nv ~ n IENCOD -IsIaM Estates Neighborhood Coreerva5on Overlay District \ \ M1 °;~ a$h .. .."""~ ° n ~ o " .'. " row.: ,~. " , ` PNpSEP .. P SEt -. ~ `. ~~ .. _.. ... ..... _. 1r r _ .... - - ~____- ._.... ~ IIIx ~ ~7 \~ SPECIAL USE DISTRICTS COMMERCIAL DISTRICTS \ ~ ____ - - _ .-. ~ rrsm bis r ~ N n ,ra 36699 "a~~ '4Y- - J IRT -bdusb'al, Resea¢haM 7ecAn0legy 0.Office I -Inst2uluional T-TOUdsm OSIR -Open SpaceJReueati0nal C-Commerdal ~y l`~-laliJ /` ' 9 P -Preservation Area D-DowMOwn s - - ' ~~~~`orz ~ covl~IrlLOrr GBVFLOT envr-Ear-s - - ~ r Zo n i n Atlas r4Po ,~, covrLOrr .w. ~ UO ' ~ ~ ~~~ r A R 7f4 m sz 81 „ w a ss ss sr be as 5a " ss e6 SE 1/4 of ?9-29-15 43515 sr 3196 3118 NORTH Sca/e > "=200' 'y ~~, ,W ~ ~q~tq~, ~o~ ~' ~°j ~ ,~~ w~ ~~ ~~ ~ . ~ '~ CO~~O mV ~ ~,~, :...,.:::::.~ ::..: .~ %~: . 4 ~' 1p"7' 4 .. ~.~~ ~1~~g ~~ ~ . ~. L~.g~~ 43/01 y :::::::~~ ::::~.:::. . •c,• ,1 ....~.^:. MARINA DEL REY AT SAND KEY O ~~ q ~°~'~°' _______________~____.~____________________J '~ `~~ ,________________MARINA_DEL_REY COURT (PRIVATE) -~~ O ~ ~ ---; ~~ CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT ACREAGE SKETCH CITY PARK/SAND KEY SOUTH BAY AREA EAST OF THE SEAWALL NORTH Sccr/e 1 "=200' 4.49 ACREAGE SKETCH THE GRANDE ON SAND KEY AREA WEST OF THE C.C.C.L. I CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT • ~ Pinellas County Public GIS Vier ~ Page 1 of 1 Property Report: ................... ©ciose Window 19/29/15/00000/430/0100 ;,, w~ . Propert~Appraiser <. nea Tax Collector General Municipality: CLEARWATER Subdivison: Tax District: CW Census Block: 1000 ...Census Tract: .027602 Zipcode: .33767 .Acreage: .3.584 _ Public Safet Fire District: 05 -Clearwater Evacuation Level: A Political Voter Precinct: 521 At-Large District: District 2 Calvin D. Harris Single Member District: District 5 Karen Williams Seel Environmental within 330ft. of Eagles Nest: No within 660ft. of Eagles Nest: No Rec clin b Cit Curbside: YES Dropoff: .YES Pickup: YES http://gis.pinellascounty.org/public%SFgis/web/parcel_report2.cfm?TYPE=ADDRESS&ST... 9/5/2008 '~ ~-- _ __ ORDINANCE NO. 7973-08 Si~- o O(/ rev 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 EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM RESIDENTIAL MEDIUM (RM) AND PRESERVATION (P) TO RECREATION/OPEN SPACE (R/OS) AND PRESERVATION (P); 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 See attached legal description From: Residential Medium (RM) Preservation (P) (LUZ2008-05002) To: Recreation/Open Space (R/OS) Preservation (P) 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 Ap oved as to fo . ~/ Leslie K. Dougall- i es Assistant City Atto ey September 18, 2008 G~t.cl~er 2, 2998 ank V. Hibbard ~ ~` Mayor ~ ~~~~ °• Attest: ~ f.---~ ~l ~~- Cyntl~la F. Goudeau ~ U - ~s City Clerk Ordinance No. 7973-08 • Exhibit A LUZ2008-05002 CITY PARK, M & B 43/01 BOUNDARY DESCRIPTION Commence at the intersection of the East right-of--way line of Gulf Boulevard and the North boundary line of an acreage tract CITY PARK, M & B 43/01 also being the POINT OF BEGINNING #2; thence run southerly along said East right-of--way S 23° OS' OZ" W, 43.31 feet to a point of curvature of a curve concave to the Northwest, thence continue southerly along said curve having a radius of 1959.86 feet, a central angle of 09° 07' 40", an arc length of 312.23 feet, a chord bearing S 27° 1 S' S4" W ,for 311.90 feet; thence continue along said right-of--way S 31 ° 49' 44" W, 243.62 feet to a point on the East right-of--way of Gulf Boulevard; thence leaving said right-of--way, run Easterly along the South boundary of said CITY PARK, M&B 43/01, S 89° 18' 06" E, 233.61 feet to a point on the cap of a concrete seawall; thence northerly along the cap of said seawall the following five calls (1) N 29° 46' S3" E, 209.12 feet; (2) N 23° OS' 44" E, 42.38 feet; (3) N 27° 13' 14" E; 174.67 feet; (4} N 24° 07' 21" E, 79.61 feet; (5) N 22° 49' 03" E, 3.59 feet; thence leaving said seawall, run northwesterly along the North boundary line of said CITY PARK, M&B 43/01; N 67° OS' S9" W, 74.01 feet; thence N 67° 24' S5" W, 120.64 feet to the POINT OF BEGINNING. Containing 107,678.85 square feet or 2.47 acres M.O.L Together with the 1.54 acres more or less acres lying easterly the seawall. --- • • 93390 ~ ' ,O S~ ~v o i y c P v 3 J ~ ~ ~_-~, 'S~SRM '~s r- - ~ R~93391 ~ ~s,~ WATE ~-zss, R/OS P r- - -1 L 93392 ~ , 'sue ~y, ~ ~SB~ 12936 J 1 p 2 FO N ? 5 8 ~ 7 N D N 9 N 10 N ~ ~ ~ ~ 7~ C! 1m ~ 75 m b T ~ r b xx -O h ASE 2 rSB 2 w ,S 9' ~~ ~ ~y 36699 ~ ° I~ ° p~ p ~ ^ 1"1 1~ Oi ~ lrl ~ h N A ~ p~ N ~- n ~'1 o, h ^ 1~ `^ ~ ;, n r. a Ti n n A o BB u a m 9 9 56 55 s St SD 49 rSy . y WATER ,5,~, ,~ ,8,., ~~ o FUTURE LAND USE Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property 4 01 acres . Size (Acres): . Land Use Zoning PIN: 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R & P Atlas Page: E 311 B Ordinance No. 7973-08 C:1Documents and Settings\gwen.hollander\Local Settings\Temporazy Internet Files\OLK751FUTURE LAND USEl.doc ~. S~~~t.~ z~~ ORDINANCE NO. 7974-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM BUSINESS (B) TO OPEN SPACE/RECREATION (OS/R) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas 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 following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Pro a Zonin District See attached legal description From: Business (B} (LUZ2008-05002) To: Open Space/Recreation (OS/R) Preservation (P} Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7973-08 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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: September 18, 2008 October 2, 2008 -.~-~ k V. Hibbard Mayor ~~(,or~yE Attest: Leslie K. Douga - d Cynthi E Goudeau Assistant City Attorn y -{~°~ City C erk ~~ Ordinance No. 7974-OS ~.__ _ ~ • l Exhibit A LUZ2008-05002 CITY PARK M & B 43/01 BOUNDARY DESCRIPTION Commence at the intersection of the East right-of--way tine of Gulf Boulevard and the North boundary line of an acreage tract CITY PARK, M & B 43/01 also being the POINT OF BEGINNING #2; thence run southerly along said East right-of--way S 23° OS' 02" W, 43.31 feet to a point of curvature of a curve concave to the Northwest, thence continue southerly along said curve having a radius of 1959.86 feet, a central angle of 09° 07' 40", an arc length of 312.23 feet, a chord bearing S 27° 1 S' S4" W ,for 311.90 feet; thence continue along said right-of--way S 31 ° 49' 44" W, 243.62 feet to a point on the East right-of--way of Gulf Boulevard; thence leaving said right-of--way, run Easterly along the South boundary of said CITY PARK, M&B 43/01, S 89° 18' 06" E, 233.61 feet to a point on the cap of a concrete seawall; thence northerly along the cap of said seawall the following five calls (1) N 29° 46' S3" E, 209.12 feet; (2) N 23° OS' 44" E, 42.38 feet; (3) N 27° 13' 14" E; 174.67 feet; (4) N 24° 07' 21" E, 79.61 feet; (S) N 22° 49' 03" E, 3.59 feet; thence leaving said seawall, run northwesterly along the North boundary tine of said CITY PARK, M&B 43/01; N 67° OS' S9" W, 74.01 feet; thence N 67° 24' SS" W, 120.64 feet to the POINT OF BEGINNING. Containing 107,678.85 square feet or 2.47 acres M.O.L Together with the 1.54 acres more or less acres lying easterly the seawall. ~ 93390 ~ ~ JQ s~ w e z~ - o k ~ i OSR v ~J ~_-\,- ,S ~S I- - --~ 93391 ~, ~ ~ B 's9o P hrss~ OS/R - - - P r ~ L 93392 ~ , ~s~ ' . D~g\ M _1 ~SB~ 12936 ~ ~ o ~ C N ~ s e ~ e °o W N h N ~ ~ 1b 14 1b ~D Z6 ~P a N N q of q ~ nl O O O a~ O a h E2 HDR 'sue ,,.g, 36699 C O~ ~' O O r h h~ 01 t7 ~ ~ ' h 1~ D1 r l7 h A Q ^ q 1~ ~ N ~ .'1 ~ ~ 1'f ^ O' O~ V ' ' ^ ' 1 ~ ~ 77 D h D e ee 01 B P 4 9 `E 55 4 N 50 W 75~. ls~ W ~s~' ZONING Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property 4 01 acres Size (Acres): . Land Use Zoning ~ PIN: 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R~& P Atlas Page: 3l 1 B Ordinance No. 7974-08 C:\Documenu and Settings\gwen.hollander\Local Settings\Temporary Internet Files\OLK75\ZONINGI.doc • CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 18, 2008 Present: Frank Hibbard George N. Cretekos John Doran Carlen Petersen Paul Gibson Mayor Vice-Mayor Councilmember Councilmember Councilmember Also present: William B. Home II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Rosemarie Call City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Management Analyst The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Dr. Becky Burton of Peace Memorial Presbyterian Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 -Presentations: Given, except Item 4.2. 4.1.2008 End of Session Report -Senator Charlie Justice and Representative Ed Hooper 4.2. Zach Railev, Silver Medal winner, 2008 Olympics 4.3. Proclamation: September 2008 is Leukemia, Lymphoma and Myeloma Month 4.4. Employee of the Month -Louis Corona, Police Department 5 -Approval of Minutes 5.1. Approve the minutes of the September 4, 2008 City Council Meeting and the August 21, 2008 Special City Council Meeting as submitted in written summation by the City Clerk. Councilmember Petersen moved to approve the minutes of the September 4, 2008 City Council Meeting and the August 21, 2008 Special City Council Meeting as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. 6 -Citizens to be Heard re Items Not on the Agenda -None. Public Hearings -Not before 6:00 p.m. 7 -Administrative Public Hearings Council 2008-09-18 • • 7.1. Adopt Ordinance 8004-08 on second reading, declaring the millage rate to be levied for the fiscal year beginning October 1, 2008 and ending September 20, 2009, for operating purposes including the funding of pensions, debt service and road maintenance for capital improvement expenditures at 4.7254 mills. Budget Director Tina Wilson said this is the second year in a row the millage rate represents a 10% decrease from the roll-back rate. Staffing has been reduced by more than 100 FTEs (full time equivalents) over the last two years. Three individuals expressed concerns regarding cuts in services.. Staff was commended for their efforts. It was stated that CRA funds are used to leverage County funds. Ordinance 8004-08 was presented for second reading and read in full. Councilmember Cretekos moved to pass and adopt Ordinance 8004-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": Petersen. 7.2. Adopt Ordinance 8005-08 on second reading, adopting an operating budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authored; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. Ordinance 8005-08 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 8005-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard "Nays": None. 7.3. Adopt Ordinance 8006-08 on second reading, adopting the Capital Improvement Program budget for the fiscal near beginning October 1, 2008 and ending September 30 2009 approving the six-year Capital Improvement Program which shall be reevaluated at the beginninq of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating available and anticipated resources for the proiects identified. Ordinance 8006-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 8006-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2008-09-18 2 • • "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 8 -Quasi-judicial Public Hearings 8.1. Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Category to the Recreation/Open Space (R/OS) Category, and a Zoning Atlas Amendment from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts for property located at 1551 Gulf Boulevard (consisting of a portion Sec. 19-29-15 in Metes and Bounds 43/01); and Pass Ordinances 7973-08 and 7974-08 on first reading. (LUZ2008-05002) This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 4.01 acres in area located on the east side of Gulf Boulevard, approximately 200 feet north of Marina del Ray Court. This property has FLUP classifications of Residential Medium (RM) and Preservation (P) and a zoning designation of Business (B). The applicant is requesting to amend the FLUP designations of the site to the Recreation/Open Space (R/OS) and Preservation (P) classifications and to rezone the property to the Open Space/Recreation (OS/R) and Preservation (P) Districts. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment and review and approval by the Florida Department of Community Affairs is not required. Councilmember Doran moved to approve a Future Land Use Plan Amendment from the Residential Medium (RM) Category to the Recreation/Open Space (R/OS) Category, and a Zoning Atlas Amendment from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts for property located at 1551 Gulf Boulevard (consisting of a portion of Sec. 19-29-15 in Metes and Bounds 43/01); Ordinance 7973-08 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7973-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Council 2008-09-18 3 \J • Ordinance 7974-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7974-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 8.2. Approve a Zoning Atlas Amendment from Business (B) District to the High Density Residential (HDR) and Preservation (P) Districts for property located at 1170, 1180, 1200, and 1226 Gulf Boulevard (consisting of a portion of Sec. 17-29-15 in Metes and Bounds 33/021 and Pass Ordinance 7976-08 on first reading. (REZ2008-05003) This Zoning Atlas Amendment application involves one property of approximately 13.52 acres in area located on the northwest side of Gulf Boulevard, approximately 2,270 feet south of Clearwater Pass Bridge. This property has FLUP classifications of Resort Facilities High (RFH) and Preservation (P) and a zoning designation of Business (B). The City dissolved the B District in 1972. The B designation was the result of a lawsuit settlement stipulation of October 17, 1986 and expired on October 17, 2006. In effect, there is no zoning on the property and the applicant is requesting to amend the Zoning Atlas from the B designation to the High Density Residential (HDR) and Preservation (P) designations. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: 1) The proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; 4) The applications will not have an adverse impact on the natural environment; and 5) The district boundaries are appropriately drawn. The Community Development Board reviewed this application at its public hearing on September 16, 2008, and recommended approval. Councilmember Petersen moved to approve a Zoning Atlas Amendment from Business (B) District to the High Density Residential (HDR) and Preservation (P) Districts for property located at 1170, 1180, 1200, and 1226 Gulf Boulevard (consisting of a portion of Sec. 17-29-15 in Metes and Bounds 331021. The motion was duly seconded and carried unanimously. Ordinance 7976-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7976-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 8.3. Approve a Zoning Atlas Amendment from Business !B) District to the High Density Residential (HDR) District for property located at 1520, 1540 and 1560 Gulf Boulevard (consisting of a portion of Sec. 19-29-15 and Pass Ordinance 7977-08 on first reading. (REZ2008-05004) Council 2008-09-18 4 • • This Zoning Atlas Amendment application involves property, approximately 8.59 acres in area, located on the west side of Gulf Boulevard, approximately 180 feet north of Marina del Ray Court. This property has a FLUP classification of Residential High (RH) and a zoning designation of Business (B). The City dissolved the B District in 1972. The B designation was the result of a lawsuit settlement stipulation of October 17, 1986 and expired on October 17, 2006. In effect, there is no zoning on the property and the applicant is requesting to amend the Zoning Atlas from the B designation to the High Density Residential (HDR) designation. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: 1) The proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed use is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; 4) The applications will not have an adverse impact on the natural environment; and 5) The district boundaries are appropriately drawn. The Community Development Board reviewed this application at its public hearing on September 16, 2008 and recommended approval. Councilmember Cretekos moved to approve a Zoning Atlas Amendment from Business (B) District to the High Density Residential (HDR) District for property located at 1520, 1540, and 1560 Gulf Boulevard (consisting of a portion of Sec. 19-29-15. The motion was duly seconded and carried unanimously. Ordinance 7977-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7977-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 8.4. Approve a Zoning Atlas Amendment from Business (B) District to the Medium Density Residential (MDR) and Preservation (P) Districts for property located at 1501 Gulf Boulevard (consisting of a portion of Sec. 19-29-15 in Metes and Bounds 43/01 and Pass Ordinance 7978- 08 on first reading. (REZ2008-05005) This Zoning Atlas Amendment application involves one property of approximately 5.85 acres in area located on the east side of Gulf Boulevard, approximately 800 feet north of Marina Del Ray Court. This property has a FLUP classification of Residential Medium (RM) and a zoning designation of Business (B). The City dissolved the B District in 1972. The B designation was the result of a lawsuit settlement stipulation of October 17, 1986 and expired on October 17, 2006. In effect, there is no zoning on the property and the applicant is requesting to amend the Zoning Atlas from the B designation to the Medium Density Residential (MDR) and Preservation (P) designations. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: 1) The proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed use Council 2008-09-18 5 • is compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; 4) The applications will not have an adverse impact on the natural environment; and 5) The district boundaries are appropriately drawn. The Community Development Board reviewed this application at its public hearing on September 16, 2008 and recommended approval. Councilmember Petersen moved to approve a Zoning Atlas Amendment from Business (B) District to the Medium Density Residential (MDR) and Preservation (P) Districts for property located at 1501 Gulf Boulevard (consisting of a portion of Sec. 19-29-15 in Metes and Bounds 43/01. The motion was duly seconded and carried unanimously. Ordinance 7978-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7978-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 9 -Second Readings -Public Hearing 9.1. Adopt Ordinance 7929-08 on second reading, amending Appendix A, Article 25 regarding Solid Waste roll-off container fees. Ordinance 7929-08 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7929-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 9.2. Adopt Ordinance 7950-08 on second reading, making amendments to the Comprehensive Plan of the City by amending the utility element to update the City of Clearwater's Water Work Plan in accordance with the updated Southwest Florida Water District's Regional Water Supply Plan. Ordinance 7950-08 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7950-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 9.3. Adopt Ordinance 7984-08 on second reading, amending Chapter 2, Article IV, Division 4 Code of Ordinances, regarding employee travel. Council 2008-09-18 6 -- ---- 14 -Council Discussion Items 14.1. FDOT Presentation of Safety Improvements for U.S.19 from Sunset Point to Enterprise Road. Traffic Operations Manager reviewed a power point presentation regarding the traffic operations study on US 19, from north of Sunset Point Road to south of Countryside Boulevard. The estimated $5,648,025 improvements will make road safer by replacing "stop and go" conditions to enter northbound US 19 with frontage road and slip ramp access and eliminating southbound traffic conflicts by closing median openings. The improvements will be included in the FY 09-14 Work Program. 15 -Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events; congratulated Skip Schaefer and Janet Rosenquist for Mr. & Mrs. Countryside title and cheered Tampa Bay Rays for possible playoff. Petersen said she met with Mr. Maramatzu, Nagano liaison in Miami, regarding project in which Clearwater students will make decorative inserts for Nagano lantern festival. Hibbard thanked citizens for approving ordinance that allows City to donate land for affordable housing and congratulated Julie Janssen, new Pinellas School Superintendent. 16 -Adjourn The meeting adjourned at 9:36 p.m. _~ or City of Clearwater Attest: ~x Council 2008-09-18 17 ~,t«,a r ~ ~I, e o ~9hAiEP.~``O~ Clearwater City Council Agenda Comer Memorandum session Item #: Final Agenda Item # Meeting Date: 09-18-08 SUBJECT/RECOMMENDATION: APPROVE a Future Land Use Plan Amendment from the Residential Medium (RM) Category to the Recreation/Open Space (R/OS) Category, and a Zoning Atlas Amendment from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts for property located at 1551 Gulf Boulevard (consisting of a portion of Section 19, Township 29 South, Range 15 East in Metes and Bounds 43/01); and PASS Ordinances #7973-08 & #77974-08 on first reading. (LUZ2008-05002) ® and that the appropriate officials be authorized to execute same. SUMMARY: This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 4.01 acres in area located on the east side of Gulf Boulevard, approximately 200 feet north of Marina del Ray Court. This property has FLUP classifications of Residential Medium (RM) and Preservation (P) and a zoning designation of Business (B). The applicant is requesting to amend the FLUP designations of the site to the Recreation/Open Space (R/OS) and Preservation (P) classifications and to rezone the property to the Open Space/Recreation (OS/R) and Preservation (P) Districts. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The proposed use is compatible with the surrounding area. • Sufficient public facilities are available to serve the property. • The applications will not have an adverse impact on the natural environment. Please refer to the attached land use plan amendment and rezoning (LUZ2008-05002) staff report for the complete analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment and review and approval by the Florida Department of Community Affairs is not required. The Community Development Board will review these applications at its public hearing on September 16, 2008. S: (Planning DepartmentlC D BlLand Use AmendmentslLUZ 20081LUZ2008-05002 - 1551 Gulf Boulevard - Ciry of CleanvaterlLUZ2008-05002 CC cover memo.doc Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total Michael H. Re Holds Budget N/A Public Works N/A User Dept.: Funding Source: Purchasing N/A DCM/ACM Planning Current FY CI Risk Mgmt N/A Other Attachments: Ordinance OP Nos. 7973-08 & 7974-08 STAFF REPORTS Other Submitted by: Appropriation Code: Ci Mana er ^ None • COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 16, 2008 Present: Nicholas C. Fritsch Thomas Coates Dana K. Tallman Jordan Behar Frank L. Dame Doreen DiPolito Richard Adelson Norma R. Carlough Chair -departed 5:45 p.m. Vice-Chair Board Member Board Member Board Member Board Member Board Member Acting Board Member Also Present: Gina Grimes Leslie Dougall-Sides Gina Clayton Brenda Moses Attomey for the Board Assistant City Attorney Assistant Planning Director Board Reporter The Chair called the meeting to order at 1:01 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: August 26, 2008 Member Behar moved to approve the minutes of the regular Community Development Board meeting of August 26, 2008, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. REQUESTS FOR CONTINUANCE (to October 21, 2008) (Items 1 - 2): 1. Case: FLD2008-05012 - 2855 Gulf-to-Bay Boulevard Level Two Application Owner/Applicant: B1/G Acquisition Inc. Representatives: Marc Mariano and Bryan Zarlenga, Tampa Bay Engineering Group Inc. (380 Park Place Blvd, Suite 300, Clearwater, FL 33759; phone: 727-531-3505; fax: 727-531-1294; e- mail: mmariano(a~tbegroup.com). Location: 31.12 total acres located generally at 2855 Gulf-to-Bay Boulevard (south side of Gulf- to-Bay Boulevard between Cross Boulevard [east) and Sky Harbor Drive [west]). Atlas Page: 300 A and 3006. Zoning: Commercial (C), Office (O) and Medium Density Residential (MDR) Districts (see companion Case REZ2008-07007 on this agenda to rezone that portion zoned MDR to Medium High Density Residential [MHDR) District). Request: Flexible Development approval for the redevelopment of the overall 31.12-acre-property zoned Commercial (C) District, Office (O) District and proposed Medium High Density Residential (MHDR) District (companion rezoning Case REZ2008-07007) to permit a total of 229 attached dwellings (Independent Living Units) (73 units existing to remain; 156 units proposed), a total of 40 nursing home beds (proposed) and a total of 170 beds of assisted living facility (94 beds existing to remain; 76 beds proposed); (A) In the Commercial (C) District with a lot area of 2.45 acres, a lot width of 200 feet along Gulf-to-Bay Boulevard (north) and a total of 210 feet along Cross Blvd, a front (north) setback along Gulf-to-Bay Boulevard of four feet (to existing sign) and Community Development 2008-09-16 28 feet (to existing pavement), a front (east) setback along Cross Blvd of one-foot (to existing pavement), a front (north) setback along Cross Blvd of 25 feet (to proposed guardhouse), a side (east) setback of five feet (to existing pavement), a side (west) setback of two feet (to existing pavement), a side (north) setback of zero feet (to existing pavement) and a building height of 81 feet (to roof deck of existing assisted living facility building), as a Comprehensive Infill Redevelopment Project in the Commercial (C) District, under the provisions of Section 2-704.C; (B) A lot area of 28.33 acres, a lot width along Sky Harbor Drive of 282 feet, a reduction to the front (west) setback along Sky Harbor Drive from 25 to 21 feet (to existing building), an increase to building height from 30 to 82 feet (to top of roof of proposed building) and a reduction to the required number of parking spaces from 583 to 426 parking spaces, as a Residential Infill Project in the proposed Medium High Density Residential (MHDR) District, under the provisions of Section 2-304.G; and (C) Reductions to perimeter buffers along Cross Blvd (east) from 10 feet to one foot (to existing pavement), along the east side from seven to five feet (to existing pavement), along the west side from five to two feet (to existing pavement), along the north side from 10 feet to zero feet (to existing pavement) and at the southeast comer of the adjacent nursing home parcel from 10 feet to five feet (to proposed pavement), as a Comprehensive Landscape Program under the provisions of Section 3-1202.G. Proposed Use: 229 attached dwellings (Independent Living Units) (73 units existing to remain; 156 units proposed), a total of 40 nursing home beds (proposed) and a total of 170 beds of assisted living facility (94 beds existing to remain; 76 beds proposed). Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. Assistant Planning Director Gina Clayton reported that due to a flawed legal notice, staff requests this case be continued to October 21, 2008. Member Coates moved to continue Case FLD2008-05012 to October 21, 2008. The motion was duly seconded and carried unanimously. 2. Case: REZ2008-07007 - 2855 Gulf-to-Bay Boulevard Level Three Application Owner/Applicant: BVG Acquisition, Inc. Representative: Katherine E. Cole, Esq.; Johnson Pope, Bokor, Ruppel & Burns, LLP (911 Chestnut Street, Clearwater, FL 33756; telephone: 727-461-1818). Location: 28.32 total acres located generally at 2855 Gulf-to-Bay Boulevard (south side of Gulf- to-Bay Boulevard between Cross Boulevard [east] and Sky Harbor Drive [west]). Atlas Page: 300A. and 3008. Request: Application for Zoning Atlas amendment approval from the Medium Density Residential (MDR) District to the Medium High Density Residential (MHDR) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: An assisted. living facility providing independent living and congregate care Proposed Uses: A life care center providing assisted independent living and congregate care and skilled nursing. Neighborhood Associations: Clearwater Neighborhoods Coalition. Presenter: Michael Reynolds, AICP, Planner III. Ms. Clayton reported that the applicant requests this case be continued to October 21, 2008, in order that it be heard at the same time as Case FLD2008-05012. Member Coates moved to continue Case REZ2008-07007 to October 21, 2008. The motion was duly seconded and carried unanimously. Community Development 2008-09-16 2 E. CONTINUED ITEM (Item 1): 1. Case: FLD2008-02002 -1590 Gulf Boulevard Level Two Application (Continued from the meeting of August 26, 2008) Owner/Applicant: Belleview Biltmore Owner, LLC. Representative: Richard Heisenbottle, R. J. Heisenbottle Architects, P.A (2199 Ponce de Leon Boulevard, Suite 400, Coral Gables, FL 33134; phone: 305-446-7799; fax: 305-446-9275; a-mail: Richard a(~riha.net). Location: 1.38 total acres (0.96 acre zoned Commercial District; 0.42 acre zoned Open Space/Recreation and Preservation Districts) located on the west side of Gulf Boulevard, approximately 1,100 feet north of the City limits line between Clearwater and Belleair. Atlas Page: 311A. Zoning: Commercial (C) District. Request: Flexible Development approval to permit a 38-unit overnight accommodation use in the Commercial (C) District with a reduction to the required lot width from 200 to 88.41 feet, a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero feet (to building), a reduction to the rear (west) setback from the Coastal Construction Control Line (CCCL) from 20 to zero feet, to allow proposed temporary cabanas up to 25 feet west of the CCCL and an increase to building height from 25 to 67 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C; and a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing, as a Comprehensive. Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: 38-unit overnight accommodation use. Neighborhood Associations: Sand Key Civic Association; Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. Attorney for the Board Gina Grimes said the applicant, Planning staff, and an attorney representing several individuals have requested additional time to speak. Planner Wayne Wells requested an additional 10 minutes, for a total of 20 minutes to present the request. Thomas Reynolds, representative for the applicant, requested a total of 45 minutes for his presentation and had no objection to the opposition receiving the same amount of time to present their case. He felt his case would be compromised without the additional time. He also requested his team be permitted to present a PowerPoint presentation. He said the Code does not prohibit PowerPoint presentations at meetings and it would be cumbersome to use the overhead projector. In response to a question, Mr. Reynolds said he did not personally approach City staff regarding the use of a PowerPoint presentation, however other people have been permitted to provide them. He said he intended to provide a PowerPoint presentation when this case was originally scheduled. Planning Director Michael Delk objected to Mr. Reynolds' request to present a PowerPoint presentation,. stating that other groups that have requested the use of PowerPoint presentations have been denied. Alan Zimmet, stated he represents a number of Sand Key residents stated that his firm approached the City regarding the use a PowerPoint presentation or a video tape at today's meeting and his request was denied by staff, and felt it would be unfair to allow the applicant to provide a PowerPoint presentation. Community Development 2008-09-16 3 After conferring with his associate, Mr. Reynolds stated that he would use the overhead projector for his presentation. He reiterated that he would like to request an additional 45 minutes for his presentation. Mr. Zimmet stated that Mr. Reynolds said he would not object to Mr. Zimmet's request for a total of 45 minutes for his presentation, and requested the same amount of time granted to Mr. Reynolds. .Todd Pressman, stated he has no affiliation with Mr. Zimmet, represents 15 Isle of Sand Key residents, requested 20 minutes for his presentation, and said he would like to speak after Mr. Zimmet. Ms. Grimes reported the CDB's rules provide that three minutes is permitted for public comment, up to 10 minutes, provided the Chair authorizes the additional time, however if an application is complex, the Chair may extend the presentation time provided there are no objections by any board members. Member Dame moved to grant the requests for additional time by Wayne Wells, Thomas Reynolds, Alan Zimmet, and Todd Pressman, not the request by Mr. Reynolds to provide a PowerPoint presentation. The motion was duly seconded and carried unanimously. Member Coates moved to accept Wayne Wells as an expert witness in the fields of zoning, site plan analysis, code administration, and planning in general. The motion was duly seconded. Member Dame reported that a member of his lunch club tried to discuss this case with him and he informed the person he could not do so. He then received a letter and an attachment from the person, which he faxed to the City's Planning staff. Mr. Dame said the person thanked him for his letter, however the letter the person referenced was actually a letter written by Mr. Dame to the St. Petersburg Times regarding an unrelated matter. Mr. Dame stated he never sent a letter directly to the individual, a Mr. Joe Vatalero. Ms. Grimes stated that she requested that Mr. Dame divulge this information to the board so that in the event someone read Mr. Vatalero's letter that it was clear that Mr. Dame had no ex-parte communications with him regarding this case. Alan Zimmet representing property owners of Harbor North, Harbor South, and Isle of Sand Key, read their names into the record as requested by Ms. Grimes, and requested party status. Member Dame moved to grant Alan Zimmet party status. The motion was duly seconded and carried unanimously. Michel Nardi requested party status and requested an additional two minutes to speak. The Chair granted Ms. Nardi an additional two minutes to speak, for a total of seven minutes. Member Tallman moved to grant Michael Nardi party status. The motion was duly seconded and carried unanimously. Community Development 2008-09-16 4 • • Todd Pressman, stated he represents 15 property owners at the Isle of Sand Key and requested party status. Assistant City Attorney Leslie Dougall-Sides stated that when Mr. Pressman speaks as the Isle of Sand Key residents' spokesman, that he disclose the residents' names. Member Behar moved to grant Todd Pressman party status. The motion was duly seconded and carried unanimously. Upon the vote being taken to accept Mr. Wells as an expert witness, the motion carried unanimously. Planner Wayne Wells reviewed the request. He said an a-mail from Amy MacGuire on May 9, 2008, and an a-mail from Cynthia Remley on May 19, 2008 were provided to the board regarding their opposition to this request. He said no additional a-mails from the two parties have been received. At the request of the applicant, the CDB (Community Development Board) continued this application from the August 19, 2008, to the September 16, 2008, CDB meeting. There are technical changes in this Staff Report from that submitted to the CDB at their August 19, 2008, meeting. The 1.38 total acres (0.96 acre zoned Commercial District; 0.42 acre zoned Open Space/Recreation and Preservation Districts) is located on the west side of Gulf Boulevard, approximately 1,100 feet north of the City limits line between Clearwater and Belleair. The site is irregularly shaped, having previously been part of the Cabana Club residential property to the north as its clubhouse and "members only" restaurant for the condominiums, built in the early 1980's. This parcel was conveyed separately in the early 1990's, litigated and determined to be a legal parcel, and has been operated as a public restaurant with no association to any hotel and with only 49 existing parking spaces until 1998 when it closed. The site was the subject of a land use plan map amendment and rezoning application in year 2000, proposed for Residential High (RH) land use and High Density Residential (HDR) District (Case LUZ 00-05- 08). That case was denied by the City Council on September 21, 2000. A Flexible Development application (Case FL 00-05-19) in conjunction with the land use plan map amendment and rezoning application to permit a 10-story (99-foot tall), 20-unit attached dwelling condominium project with the swimming pool located seaward of the Coastal Construction Control Line was withdrawn due to the denial of the land use plan map amendment and rezoning application. On November 19, 2002, the CDB approved a Flexible Development application (Case FLD2002-09029) with seven conditions to permit the re-establishment of the restaurant use on this property, utilizing the existing setbacks to building and pavement, not only for guests of the Belleview Biltmore Hotel but open to the general public. This application included use of the pool and beach, and its restrooms and lockers, for guests of the Belleview Biltmore Hotel only. The site is a total of 1.38 acres, where 0.96 acre is zoned Commercial District (landward of the CCCL) and 0.42 acre is zoned Open Space/Recreation and Preservation Districts (seaward of the CCCL). There is an existing seawall, presently buried beneath the sand, located approximately 25 feet west of the northwest comer of the existing building/CCCL and approximately 50 feet from the CCCL in the southwest comer of the site. There is an existing perpetual easement for pedestrian passage located adjacent to the east side of the seawall. The subject property extends onto the beach area west of the seawall between 50 - 60 feet. The upland portion of the site east of the CCCL has historically been zoned commercial (until the Shoppes at Sand Key was recently rezoned to Commercial District) and is the only parcel on Community Development 2008-09-16 5 Sand Key with commercial land use. Residential land uses dominate parcels fronting on either side of Gulf Boulevard. There are portions of property to the north zoned Business (B) District, as a result of a settlement agreement with U.S. Steel on February 4, 1987, but with a Residential High (RH) land use (currently those sites are being requested to be appropriately rezoned by the City since the settlement agreement has expired). The only other commercial uses are on the northern portion of Sand Key. The site is presently developed with a 10,502 square-foot building, which is two stories over an open ground floor. The restaurant on the second and third floor is 7,054 square-feet of enclosed floor area. There is an outdoor cafe on the third floor of 1,916 square-feet overlooking the beach. A pool is adjacent to the restaurant building. The restaurant building has separate restrooms and lockers for the pool and beach that have been used for guests of the Belleview Biltmore Hotel only. The current Business Tax Receipt (occupational license) for this restaurant is for a maximum of 305 seats. Surrounding properties are zoned High Density Residential (HDR) District and are developed with attached dwelling condominium buildings. The proposal is to redevelop the site with a 38-room/unit, 67-foot tall, boutique overnight accommodation use with accessory uses including a restaurant, pool, men's and women's locker rooms, exercise room, and beachfront cabanas. The proposed hotel will be operated by the same hotel operator as the Belleview Biltmore Hotel in the town of Belleair, providing guests of the Belleview Biltmore Hotel with a beachfront experience. The hotel will be fully staffed 24 hours a day as is typical for hotel operations. The proposed building design situates building entrances, storage and parking on the ground floor and the hotel lobby, restaurant and the other accessory uses (pool, men's and women's locker rooms and exercise room), as well as other back-of-house areas of the hotel on the first floor. The swimming pool is proposed elevated above parking on the ground floor of the building. The site design locates the proposed building on the northern portion of the site basically in the same location as the existing building. The proposed restaurant, approximately 4,986 square-feet in floor area, includes the kitchen (952 square-feet), seating area (2,938 square-feet) and the pool bar and grill (1,096 square-feet). The restaurant will be open to the public, as is typical at most other hotels. The hours of operation of the accessory restaurant portion have not yet been determined. The taller portion of the building for the 38 hotel rooms is located approximately 30 feet from aproperty/building comer of the Cabana Club condominiums and 10 feet from the south property line. The fifth floor includes two- level suites that have the bedroom areas on the sixth (attic) floor. The existing parking lot for the Dan's Island condominiums is adjacent to the south property line of this site. It is important to note that this property is zoned Commercial District and an overnight accommodation use is permitted by the underlying Commercial General (CG) land use category. Overnight accommodation uses are listed as a Minimum Standard, Flexible Standard and Flexible Development use in the Commercial District. The surrounding area is dominated by residential development in a built-out condition. Since the entire surrounding area is built-out and redevelopment of these surrounding residential properties is not anticipated in the foreseeable future, the redevelopment of this property will not impede or restrict this surrounding developed circumstance, nor impede the ability of these surrounding properties to enhance their developments in accordance with Code provisions. From a use standpoint, the proposed overnight accommodation use with its site and building design is more compatible with this surrounding residential character than other permissible commercial uses in the Commercial District. The principal activity of the hotel guests will be to enjoy the beach, much like the existing residents. This hotel, with only 38 rooms/units, may not make economic sense as a freestanding hotel. The economic viability of this hotel, with its accessory restaurant, only makes sense in association with the Belleview Biltmore Hotel, where the identification, operation and marketing of this hotel is by a common operator. Other commercial uses, albeit their approval would need to be through the Flexible Development public hearing process, would most likely Community Development 2008-09-16 6 be designed as a commercial building dissimilar to the surrounding residential character. Use characteristics of other permissible commercial uses may produce more negative impacts than this proposed hotel, including vehicle trip generation. Other commercial uses could produce substantially more noise and a peak activity period much later in the evening than the proposed hotel. The applicant has blended this proposed hotel welt into the fabric of this area through location and architecture of the building. As designed, the proposed hotel building will appear to be an extension of the Cabana Club condominiums rather than totally "different" use. Existing residential developments that front on the Gulf of Mexico are situated with the longest dimension of the building on a north/south axis to maximize the number of residential units facing the water. The proposed hotel design is consistent with the bulk, coverage, density, and character of Sand Key, but with a building substantially lower in height than all existing buildings that front on the Gulf of Mexico. It is noted that there are no adopted design guidelines for this area of the City.. It is also noted that Gulf Boulevard is not a designated Scenic/Non- Commercial Corridor on the Future Land Use Plan Map of the City's Comprehensive Plan. This hotel will not have any meeting rooms, or banquet facilities, maintaining a closer characteristic compatibility with the surrounding residential uses: While the hotel will have an accessory restaurant that will be open to the general public, the size of this restaurant is significantly less than the existing freestanding restaurant with banquet facilities. The development of a hotel on this property is not anticipated to increase crime in this area of Sand Key, in part due to the association with the Belleview Biltmore Hotel, where the health and safety of the residents of this surrounding area is not anticipated to be diminished. The ability of this hotel design to blend in with the residential uses, as well as the enhanced landscaping of the site, is not viewed as a detriment to the adjoining properties, nor substantially affecting the value of the adjacent properties. The existing assessed value of this property is over $4 million. Redevelopment of this property with the proposed hotel is anticipated to substantially increase the value of this property. The site is irregularly shaped and the site boundaries on the north side reflect the location of and proximity of the existing buildings (restaurant and condominium). This irregular shape of the property, as well as the location of the condominium building, creates design challenges for the applicant. The proposed building has been designed on the site with the northern portion of the building in the same location as the existing building with azero-foot setback. The proposed building will be located adjacent to the CCCL at a zero-foot setback, much like the adjacent Cabana Club condominium building. Based on aerial maps indicating the location of the CCCL, it also appears that the adjacent Dan's Island buildings are at or close to the CCCL. As mentioned previously, the northwest comer of the existing building is also located at the CCCL. It is also noted that the adjacent Cabana Club condominium building is located at a zero-foot setback on two sides with this site (a third boundary is less than required setbacks) and the condominium building roof eaves overhang the subject site. This site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location. The proposed parking has been designed at a five-foot front setback, similar to that which currently exists, which aligns the eastern drive aisle with that on the adjacent Cabana Club condominium property. The proposed building and parking lot have been designed meeting the required side (south) setback of 10 feet. There exists a concrete sidewalk providing pedestrian beach access within an access easement adjacent to the south side of this site on the Dan's Island condominium property, which will not change with this proposal. The western portion of this public access sidewalk actually is partially located on the subject property without the. benefit of an access easement. Unless relocated to be within the existing access easement on the Dan's Island condominium property, a public access easement for that portion of the encroaching sidewalk needs to be recorded prior to the issuance of the Certificate of Occupancy for this project. Based on this irregular shape of the property, the size of the property, the location of the CCCL, the location of adjacent buildings at or close to the CCCL, the location of the adjacent Cabana Club condominium building being located at or close to a zero-foot setback to the common property line, a shared driveway and the Community Development 2008-09-16 7 location of drive aisles in the parking areas of the Cabana Club condominium property, deviations from the development standards are appropriate and compatible with the surrounding properties. It is important to the applicant for the Cabana Club to reflect the architecture of the historic Belleview Biltmore Hotel for identification and marketing purposes. While the Belleview Biltmore Hotel is located within the Town of Belleair, the building's design reflects architectural features of both the historic hotel as well as the Cabana Club condominium buildings located to the immediate north of the site. These similar features include the building and roof colors, the exterior siding material, the fenestration and the steeply pitched rooflines with multiple dormers. The building will be primarily white in color, green shutters, natural terracotta brick on the ground level and green roof shingles. The proposed project has been oriented to take advantage of the Gulf of Mexico view, much like the orientation of the adjacent condominium buildings, but the building's length and width have been designed to minimize the footprint of the building (being smaller than all adjacent buildings). The location of the proposed building has been designed to be generally consistent with the adjacent residential buildings to the north and south. The front of the building does not extend closer to Gulf Boulevard than either residential building to maintain a consistent view from the street. The location of the proposed hotel has been designed to minimize view impairment from adjoining properties. The distance from the closest point of the Dan's Island building is approximately 100 feet from this site's southern property fine. The hotel building location and orientation is such that it will not impair the view through windows and balconies of the adjacent Dan's Island units. The hotel room portion of the building has been moved eastward to minimize view impairment by units in the adjacent Cabana Club. The Harbour and The Isle of Sand Key condominium buildings are located across Gulf Boulevard from this site. The Harbour condominium building is located more to the east of the Cabana Club condominium buildings, while The Isle of Sand Key condominium building is located more than 300 feet to the south of the subject property. The design of the project has minimized any adverse visual effects to the greatest degree possible while allowing a reasonable use of the property. The applicant is also proposing eight, 10 feet x 10 feet, temporary cabana structures approximately 25 feet seaward (west) of the CCCL. In accordance with the provisions of Section 3- 905.8, the Florida Department of Environmental Protection (FDEP) must approve of these structures being seaward of the CCCL. These temporary cabanas will be on the subject property between the CCCL and the seawall (presently buried below the sand) and will be constructed with a foundation that permits the metal poles of the cabana to be slipped in and bolted. The cabanas will be fabric covered to provide shade. The proposal includes adding a 2.1-foot cap to the existing seawall. There exists a five-foot wide pedestrian access easement just inside (landward) of the seawall, where the temporary cabanas will not encroach into this easement, and continued pedestrian access will not be impaired. The applicant proposes to plant this sandy area between the CCCL and the seawall with seashore paspalum, which is asalt-tolerant beach plant. The applicant is not proposing any hardscape (concrete or pavers) within the area for the temporary cabanas west of the CCCL. It is noted that the placement of lounge chairs and eyebrow umbrellas to provide shade similar to that found on Clearwater Beach does not require any permits from the City. Pursuant to the Section 2-701.1, the maximum density for properties with a designation of Commercial General (CG) land use for overnight accommodation uses is 40 rooms/units per acre. Based on the land area of 41,963 square-feet (0.96 acre) zoned Commercial (C) District (the land area above the CCCL), the proposed number of units is limited to 38 rooms/units, which is consistent with the Countywide Future Land Use Plan with regard to the maximum allowable density. Community Development 2008-09-16 8 Pursuant to Section 2-701.1 of the Community Development Code, the maximum allowable I.S.R. is 0.95. The overall proposed I.S.R. is 0.78 (based on the land area zoned Commercial District), which is consistent with the Code provisions. Pursuant to Table 2-704 of the Community Development Code, the minimum lot area and width for ovemight accommodation uses ranges between 20,000 - 40,000 square-feet and 100 - 200 feet respectively. The subject property is 41,965 square-feet in area and has 88.41 feet of frontage along Gulf Boulevard. The lot area for this proposal is consistent with these Code provisions. The proposal includes a reduction to the minimum lot width to that which exists. This lot was previously part of the Cabana Club condominiums property, was split off in the early 1990's, litigated and determined to be a legal parcel. There are no Minimum Standard Development uses in the Commercial District that permit a lot width less than 100 feet, therefore, any use will require flexibility for a reduction to lot width. Since the adjacent properties are developed with residential condominiums, it is highly unlikely, if not impossible, that additional land can be added to the subject property to attain even the 100 feet of required lot width. This lot width can be viewed as a nonconformity. There are no provisions regarding nonconforming lots for commercial property under Article 6 of the Code. This proposal's lot width reduction appears consistent when considering all potential uses and where the Minimum Standard Development lot width requirements for any of these uses cannot be met. Pursuant to Table 2-704 of the Community Development Code, the minimum front setback for overnight accommodation uses ranges between 15 - 25 feet (setbacks for parking lots can be reduced to a minimum of 15 feet), the side setback can range between 0 -10 feet and the rear setback can range between 10 - 20 feet (measured from the CCCL). The proposal includes a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero feet (to building), a reduction to the rear (west) setback from the CCCL from 20 to zero feet and to allow proposed temporary cabanas up to 25 feet west of the CCCL. This application must be processed as a Comprehensive Infill Redevelopment Project due to the proposed reductions to the proposed building or pavement to the front, side (north) and rear setbacks, as well as the proposed height increase. The Community Development Code defines the CCCL as "a boundary established by the State of Florida pursuant to F.S. § 161.053 to regulate how close structures can be constructed to certain coastal waters." Section 3-905 of the Code sets out the regulations for the CCCL. Required setbacks are measured from the CCCL, as set out in Section 3-905.A. Section 3-905.6 states that "no building or structure shall be located seaward of the coastal construction control line unless approved by the State of Florida." The site is irregularly shaped, since this site was previously part of the Cabana Club condominium property, and the site boundaries on the north side reflect the location of and proximity of the existing buildings (restaurant and condominium). This irregular shape of the property, as well as the location of the condominium building, creates design challenges for the applicant. The proposed building has been designed on the site with the northem portion of the building in the same location as the existing building with azero-foot setback due to site constraints and lot configuration. This northem edge of the building will abut the side of the adjacent Cabana Club condominiums in an area where there are no balconies on this building. The Cabana Club condominium building also has ground level parking, similar to the proposed hotel. While the northem portion of the building with the hotel lobby and restaurant is designed only two stories in height, due to the higher first floor elevation in order to meet FEMA regulations, Community Development 2008-09-16 9 this northern portion will be only slightly shorter than the existing restaurant building. The proposed building will be located adjacent to the CCCL at a zero-foot setback, much like the adjacent Cabana Club condominium building. Based on aerial maps indicating the location of the CCCL, it also appears that the adjacent Dan's Island buildings are at or close to the CCCL. As mentioned previously, the northwest comer of the existing restaurant building is also located at the CCCL. It is also noted that the adjacent Cabana Club condominium building is located at a zero-foot setback on two sides with this site (a third boundary is less than required setbacks) and the condominium building roof eaves overhang the subject site. This site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location. The proposed parking has been designed at a five-foot front setback, similar to that which currently exists, which aligns the eastern drive aisle with that on the adjacent Cabana Club condominium property. The proposed building and parking lot have been designed meeting the required side (south) setback of 10 feet. Based on this irregular shape of the property, the size of the property, the location of the CCCL, the location of adjacent buildings at or close to the CCCL, the location of the adjacent Cabana Club condominium building being located at or close to a zero-foot setback to the common property line, a shared driveway, the location of drive aisles in the parking areas of the Cabana Club condominium property, deviations from the development standards are appropriate and compatible with the surrounding properties. The applicant is also proposing eight, 10 feet x 10 feet, temporary cabana structures approximately 25 feet seaward (west) of the CCCL. In accordance with the provisions of Section 3-905.6, the State Department of Environment Protection (FDEP) must approve of these structures being seaward of the CCCL. These temporary cabanas will be on the subject property between the CCCL and the seawall (presently buried below the sand) and will be constructed with a foundation that permits the metal poles of the cabana to be slipped in and bolted. The cabanas will be fabric covered to provide shade. The proposal includes adding a 2.1-foot cap to the existing seawall. There exists afive-foot wide pedestrian access easement just inside (landward) the seawall, where the temporary cabanas will not encroach into this easement, and continued pedestrian access will not be impaired. The applicant is not proposing any hardscape (concrete or pavers) within the area for the temporary cabanas west of the CCCL. The City retains jurisdiction over the area west of the CCCL, subject to the approval by the FDEP of these temporary cabanas. It is noted that the placement of lounge chairs and an eyebrow umbrella to provide shade similar to that found on Clearwater Beach does not require any permits from the City. Pursuant to Table 2-704 of the Community Development Code, the allowable height range for overnight accommodation uses is 25 - 50 feet. The proposal includes an increase to the building height to 67 feet, measured to the midpoint of the pitched roof. Under the Code definition of "height, building or structure," height "means for buildings...the vertical distance from the existing grade to a point representing the midpoint of the peak and eave heights of the main roof structure of the roof of a building having a pitched roof....Where minimum floor elevations in flood prone areas have been established by law, the building height may be measured as though the required minimum floor elevations constitute existing grade." Since the building design incorporates a pitched roof and since the site is located within a Velocity Flood Zone (elevation 14 required), the building height is measured from the Base Flood Elevation (BFE) of 14 feet to the midpoint of the pitched roof. Since the swimming pool is located over ground-level parking and due to FEMA (Federal Emergency Management Association) rules requiring the bottom structural members to be above the BFE, the first floor of the building is elevated five feet above the BFE of 14 feet to comply with these regulations. The proposed building is six habitable floors over ground-level parking, with the sixth floor located within the pitch of the roof, similar to the adjacent Cabana Club condominium buildings. The adjacent Community Development 2008-09-16 10 Cabana Club condominium buildings to the north are also designed with a pitched roof and are eight habitable floors over ground-level parking. The adjacent Dan's Island condominium building to the south is designed with a flat roof (building height for flat roof buildings is measured from BFE to the top of the flat roof deck) and is 11 habitable floors over ground-level parking. The Harbour condominium building to the east across Gulf Boulevard is designed with a flat roof and has seven habitable floors over ground-level parking. The Isle of Sand Key condominium building located over 300 feet to the southeast across Gulf Boulevard is 16 habitable floors. The proposed project has reduced the restaurant portion of the building to one floor over the ground-level parking, even though the height of this portion is less than the existing restaurant height, due to the higher first floor elevation above BFE and a taller ceiling height. The proposed building height is lower than, but consistent with, the majority of the building heights of the surrounding residential buildings. Building heights on Sand Key are some of the highest on the barrier islands in Pinellas County, with many buildings taller than presently permitted by Code (maximum of 80 feet in the HDR District, unless proposed through a Residential Infill Project). The last remaining vacant parcels on Sand Key zoned HDR District were developed in 2003/2004 with attached dwelling condominium buildings complying with the maximum height of 80 feet (1350 and 1370 Gulf Boulevard). Pursuant to Table 2-704 of the Community Development Code, the minimum required parking for overnight accommodation uses is one parking space per room/unit. As such, the minimum number of required parking spaces is 38 parking spaces. The proposal includes 56 spaces. While associated with the Belleview Biltmore Hotel, guests arriving at the Cabana Club will come via personal car, taxi or hotel-provided shuttle and will check in at the Cabana Club for their stay. It is expected that some of the guests at the Belleview Biltmore Hotel would desire to visit the beach for part of the day. These guests will be transported by the hotel operator to the Cabana Club via a van shuttle. It is also expected that guests of the Cabana Club would desire to travel to the Belleview Biltmore Hotel to attend functions or eat at restaurants there. The same van shuttle will provide such transportation to the guests at the Cabana Club. This site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location. A porte cochere is provided at the hotel entrance, designed to be of sufficient width and height to accommodate fire, trash and delivery trucks. A required loading space is provided along the southern portion of the site within the surface parking lot for the delivery of goods and supplies for this hotel. A required handicap accessible path is provided from the building entrance to the public access sidewalk along the south property line. The proposal includes several accessory uses to the hotel, including a restaurant, swimming pool, men's and women's locker rooms, and an exercise room. No additional parking is required by the Code for such accessory uses. The Planning Department has determined the restaurant of 4,981 square-feet to be accessory to the hotel. This determination is based on the relationship of the Cabana Club with the Belleview Biltmore Hotel, where operation and marketing will be by a common hotel operator. This restaurant will be open to the public, much like other hotel restaurants, but its operation will give priority to Cabana Club and Belleview Biltmore Hotel guests. The applicant has submitted a Parking Demand Study, prepared by Timothy Haahs & Associates, Inc., which analyzed the parking demand by the hotel and the accessory restaurant. This analysis concludes that the on-site 56 parking spaces provided will meet the demand needs on the highest peak days. This Study has been reviewed by the Planning Department and Traffic Operations Section of the Engineering Department and been found acceptable. In the event the demand for parking increases, the hotel intends to employ valet parking in the garage portion of the parking area to provide additional stacking of parked vehicles. To ensure the maintenance of the operational, management and marketing characteristics with the Belleview Biltmore Hotel in the Town of Belleair, a deed restriction, Community Development 2008-09-16 11 acceptable to and enforceable by the City, should be recorded in the public records requiring common operation and management by the same hotel operator prior to the issuance of any permits. Should this common operation and management be discontinued, this site should be required to reduce the size of the accessory restaurant to a square footage more in line with a 38-room/unit hotel. The site fronts on and takes access to Gulf Boulevard. The trip generation expected from this proposed hotel with its accessory uses will not degrade the traffic carrying capacity of, nor create traffic congestion on, Gulf Boulevard. Pursuant to Section 3-201.D.1 of the Community Development Code, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. The applicant is proposing mechanical equipment to be located on the flat roof of the hotel lobby and restaurant portion of the building and will be screened by the parapet roofing surrounding this lower portion of the building. Based upon the above, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment. Pursuant to Section 3-904.A of the Community Development Code, to minimize hazards at the driveway intersection with Gulf Boulevard, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposed site and landscape design meet this requirement. Pursuant to Section 3-911 of the Community Development Code, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. The civil site plan for this proposal indicates that all on-site electric and communication lines for this new building will be placed underground in conformance with this Code requirement. Pursuant to Section 3-1202.D.1 of the Community Development Code, this site is required a 15-foot wide landscape buffer along Gulf Boulevard. This proposal includes a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing. The existing restaurant parking lot design is similar to that proposed for the hotel. The existing landscape buffer along Gulf Boulevard is five feet in width. The applicant desires to retain the parking lot at its present five-foot setback, which is consistent with the setback/landscape buffer provided on the adjacent Cabana Club and Dan's Island condominium properties. The proposed site design provides the required 10-foot wide landscape buffer along the south side of the property. It is noted that Gulf Boulevard is not a designated SceniGNon- Commercial Corridor on the Future Land Use Plan Map of the City's Comprehensive Plan. The interior of the new parking lot will be landscaped to meet Code requirements. The proposal also provides the required five-foot wide foundation landscaping on the east side of the building. Existing sabal palms will be relocated from areas of the site affected by construction to the southern landscape buffer. Live oak, magnolia, thornless honeylocust, sabal palm, medjool date palm and maypan coconut palm trees are being planted on-site as part of the landscape design. The coconut palm trees will be planted in the area between the west side of the building and the seawall. Besides the proposed trees, glossy abelia, cocoplum and wax myrtle shrubs will be planted in the perimeter and interior landscape areas. Beach sunflower and confederate jasmine groundcover will also be planted in the foundation, interior landscape areas and perimeter buffers. Two interior landscape islands in the parking lot are not designed to meet the Community Development 2008-09-16 12 • eight-foot width inside curbing requirement. One island is 4.6 feet inside. curbing located adjacent to the entrance drive south of the north property line, planned to be planted with a cluster of sabal palm trees. The reduction requested for this island appears acceptable, based on the parking lot design and proposed shade tree locations within adjacent interior landscape areas. The other island is designed seven feet wide inside curbing and is located adjacent to the southern landscape buffer adjacent to the loading space. This island should be widened to meet the required eight-foot width inside curbing by reducing the pavement area to the west of this island by the necessary one foot. Alive oak tree will be planted in this island. The site and landscape plans should be amended to meet this requirement prior to the issuance of the site development permit. The proposed on-site landscaping otherwise complies with Code requirements. The applicant is proposing a solid waste dumpster enclosure under the building. On trash days hotel staff will roll the dumpster(s) to a trash staging area outside within the surtace parking area adjacent to a loading space. Hotel staff will then relocate the dumpster(s) back under the building after the trash truck dumps the trash. The proposal has been found to be acceptable by the City's Solid Waste Department. The proposal indicates a freestanding sign within the landscape island adjacent to the site driveway, located outside of the visibility triangle as required by Code. This freestanding sign should be limited to a monument-style sign at a maximum height of six feet, designed to match the exterior materials and color of the building. While this is a nonresidential establishment; a sign of this size would blend in better and be consistent with signage for surrounding residential developments. Any approval of this request should be conditioned on such signage limitation. Attached signage will need to meet Code provisions. The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of May 1, 2008, and July 3, 2008, and deemed the development proposal to be sufficient to move forward to the CDB, based upon the following Findings of Fact and Conclusions of Law: Findings of Fact: 1) The 1.38 total acres (0.96 acre zoned Commercial District landward of the CCCL; 0.42 acre zoned Open Space/Recreation and Preservation Districts seaward of the CCCL) is located on the west side of Gulf Boulevard, approximately 1,100 feet north of the City limits line between Clearwater and Belleair; 2) The site is irregularly shaped, having previously been part of the Cabana Club residential property to the north as its clubhouse and "members only" restaurant for the condominiums, built in the early 1980's; 3) This parcel was conveyed separately in the early 1990's, litigated and determined to be a legal parcel, and has been operated as a public restaurant with no association to any hotel and with only 49 existing parking spaces until 1998 when it closed; 4) The City Council on September 21, 2000, denied a land use plan map amendment to change the land use category from Commercial General (CG) to Residential High (RH) and to rezone from Commercial (C) District to High Density Residential (HDR) District. A companion Flexible Development application to permit a 10-story (99-foot tall), 20-unit attached dwelling condominium project with the swimming pool located seaward of the CCCL was subsequently withdrawn; 5) On November 19, 2002, the CDB approved a Flexible Development application to permit the re-establishment of the restaurant use on this property, utilizing the existing setbacks to building and pavement, not only for guests of the hotel but open to the general public. This application included use of the pool and beach, and its restrooms and lockers, for guests of the 8elleview Biltmore Hotel only; 6) The site is presently developed with atwo-story over an open ground floor restaurant of 7,054 square-feet of enclosed floor area and an outdoor cafe on the third floor of 1,916 square-feet, with a current Community Development 2008-09-16 13 Business Tax Receipt (occupational license) permitting a maximum of 305 seats; 7) The upland portion of the site east of the CCCL has historically been zoned commercial (until the Shoppes at Sand Key was recently rezoned to Commercial District) and is the only parcel on Sand Key with commercial land use; 8) There is an existing seawall, presently buried beneath the sand, located approximately 25 feet west of the northwest comer of the existing building/CCCL and approximately 50 feet from the CCCL in the southwest comer of the site. There is an existing perpetual easement for pedestrian passage located adjacent to the east side of the seawall. The subject property extends onto the beach area west of the seawall between 50 - 60 feet; 9) The proposal is to redevelop the site with a 38-room/unit, 67-foot tall, boutique overnight accommodation use with accessory uses including a restaurant, pool, men's and women's locker rooms, exercise room and beachfront cabanas; 10) The proposed hotel will be operated by the same hotel operator as the Belleview Biltmore Hotel in the Town of Belleair, providing guests of the Belleview Biltmore Hotel with a beachfront experience; 11) The proposal includes a reduction to the minimum lot width to that which exists today of 88.41 feet. Since the adjacent properties are developed with residential condominiums, it is highly unlikely, if not impossible, that additional land can be added to the subject property to attain even the 100 feet of lot width required for permissible uses in the Commercial District; 12) The site design locates the proposed building on the northern portion of the site basically in the same location as the existing building. The taller portion of the building for the 38 hotel rooms is located approximately 30 feet from aproperty/building comer of the Cabana Club condominiums and 10 feet from the south property line; 13) The surrounding area is dominated by residential development in a built-out condition; 14) The proposed building will be located adjacent to the CCCL at a zero-foot setback, much like the adjacent Cabana Club condominium building; 15) The adjacent Cabana Club condominium building is located at a zero-foot setback on two sides with this site (a third boundary is less than required setbacks) and the condominium building roof eaves overhang the subject site; 16) This site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location; 17) The proposed structure setbacks are consistent with existing setbacks on adjacent residential properties; 18) The proposed design of the Cabana Club reflects the architecture of the historic Belleview Biltmore Hotel for identification and marketing purposes, as well as the Cabana Club condominium buildings located to the immediate north of the site; 19) Eight, 10 feet x 10 feet, temporary cabana structures are proposed approximately 25 feet seaward (west) of the CCCL. The FDEP must approve of these structures being seaward of the CCCL; 20) The proposal includes an increase to the building height to 67 feet, measured to the midpoint of the pitched roof. The proposed building height is lower than, but consistent with, the majority of the building heights of the surrounding residential buildings; 21) The minimum number of required parking spaces is 38 parking spaces, while 56 parking spaces are proposed for this hotel. Accessory uses do not required additional parking by Code; and 22) There is no outstanding Code Enforcement issue associated with the subject property. Conclusions of Law: 1) That the development proposal is consistent with the Standards as per Section 2-701.1 and Table 2-704 of the Community Development Code; 2) That the development proposal is consistent with the Flexibility criteria as per Section 2-704.C of the Community Development Code; 3) That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4) The proposal is compatible with the adjacent land uses. Based upon the above, the Planning Department recommends approval of the Flexible Development application to permit a 38-unit overnight accommodation use in the Commercial (C) District with a reduction to the required lot width from 200 to 88.41 feet, a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero feet (to building), a reduction to the rear (west) setback from the Coastal Construction Community Development 2008-09-16 ~ 14 Control Line (CCCL) from 20 to zero feet, to allow proposed temporary cabanas up to 25 feet west of the CCCL and an increase to building height from 25 to 67 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C; and a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G; with the following conditions: Conditions of Approval: 1) That the final design and color of the building be consistent with the conceptual elevations approved by the CDB; 2) That, prior to the issuance of any permits, in order to maintain the operational, management and marketing characteristics with the Belleview Biltmore Hotel in the Town of Belleair, a deed restriction, acceptable to and enforceable by the City, be recorded in the public records requiring common operation and management by the same hotel operator. Should this common operation and management be discontinued, this site shall be required to reduce the size of the accessory restaurant to a square-footage more in line with a 38-room/unit hotel, acceptable to the Planning Department; 3) That, either the site plan reflect the relocation of the public access sidewalk to be within the existing access easement on the Dan's Island condominium property prior to the issuance of any permits, or a public access easement for that portion of the encroaching sidewalk onto the western portion of this property be recorded prior to the issuance of the Certificate of Occupancy for this project; 4) That no structure, landscaping, or other site improvement block, obstructor impede pedestrian access within the Perpetual Public Easement Area for Pedestrian Passage adjacent to the seawall; 5) That sea-turtle friendly light fixtures be employed with the site design, with compliance demonstrated on plans acceptable to the Environmental Engineering Division, prior to the issuance of building permits; 6) That, prior to the issuance of any permits, the condition rating of the existing trees be shown on the spreadsheet; 7) That, prior to the issuance of any permits, the civil and landscape plans be amended to widen the landscape island east of the loading space to be eight feet wide inside curbing; 8) That any future freestanding sign be a monument-style sign, designed to match the exterior materials and color of the building, at a maximum height of six feet; 9) That, prior to the issuance of any permits, compliance with all requirements of General Engineering, Traffic Engineering and Stormwater Engineering be met; 10) That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; and 11) That all Parks and Recreation fees be paid prior to the issuance of any permits. Member Behar moved to accept Himanshu Patni as an expert witness in the fields of traffic operations, speed studies, signs and markings, ATMS/ITS deployment, traffic studies and fees, parking lot permits, ordinance review, developmental impact on transportation, and network support, and to accept Scott Rice as an expert witness in the fields of civil engineering, land development, and environmental and hydraulic engineering. The motion was duly seconded and carried unanimously. Ms. Grimes noted that staff s presentation time had expired. Assistant Engineering Director Scott-Rice stated staff needs five more minutes to complete the presentation. The Chair granted staff an additional five minutes to complete their presentation. Mr. Rice stated that he and Engineering Specialists Stephen Doherty and Himanshu Patni participated in the review of this application. He said he and Mr. Doherty were present to answer questions the board might have regarding civil, Stormwater, and environmental engineering questions, and Mr. Patni is present to address traffic issues. Community Development 2008-09-16 15 Mr. Patni stated he reviewed the application, including the staff report, the parking study, and the sections related to parking and traffic. Mr. Doherty stated he manages the review of large-scale commercial and residential applications for the Engineering Department. He said with the exception of traffic engineering issues, he is present to answer questions related to environmental issues, including civil, stormwater, and environmental issues. Member Tallman moved to accept Stephen Doherty as an expert witness in the fields of utilities, land development and environmental engineering, site plan analysis, and engineering code. The motion was duly seconded and carried unanimously. Mr. Wells said staff recommends approval of the request. Thomas Reynolds, applicant's representative, stated the evidence book provided to the board includes exhibits and resumes of expert witnesses providing testimony. He requested the board accept the following witnesses as experts in their fields: Richard Heisenbottle, Registered Architect, Gerald Marston, Registered Landscape Architect, Edward Mazur, Civil Engineer, Roy Chapman, Traffic Engineer, Vicky M. Gagliano, Parking Consultant, and Cynthia Tarapani, Land Planner. Member Coates moved to accept Richard Heisenbottle, Gerald Marston, Edward Mazur, Roy Chapman, Vicky M. Gagliano, and Cynthia Tarapani, as expert witnesses in their fields. The motion was duly seconded and carried unanimously. Mr. Reynolds requested that Nicholas Clarizio, real estate appraiser also be accepted as an expert witness. Member Coates moved to accept all the above witnesses as mentioned by Mr. Reynolds as experts in their fields. The motion was duly seconded and carried unanimously. Mr. Zimmet requested, and was provided with, a copy of the applicant's evidence book and presentation materials. Mr. Reynolds said testimony and evidence today will show the project is compatible with the site and the surrounding area, and that the project minimally impacts the surrounding properties with respect to vertical visibility. He said the parcel was once part of what is now the Cabana Club condominium site and was separated prior to the 200-foot width separation rule. He said any use for the property now requires a deviation due to the lot's width. He said although it has been referred to as a massive project, it is actually a modest one. He said no permanent structures will be placed seaward of the CCCL. He said the applicant changed the original site plan to place metal sleeves in the ground for the cabanas. Temporary cabanas will be used instead and taken in nightly and during inclement weather. He said the project meets all the general standards and flexible development standards in the Code. Richard J. Heisenbottle, project architect, presented photos and drawings of the site and reviewed the history of the Belleview Biltmore Resort. He said the Cabana Club was built at the same time as the Belleview Biltmore Resort. He said the hotel has deteriorated and the applicant has the challenge of turning it into a four or five star quality resort. As stated by staff, this lot was previously part of the Cabana Club condominium property, was split off in the early 1990's, litigated, and determined to be a legal parcel. He said two 100-year land leases allow Community Development 2008-09-16 16 • the applicant to occupy and use the Cabana Club site. The project includes restoring the main hotel and its landscaping, and dealing with the other properties that are part of the resort, including the Belleview Biltmore Golf Club and Cabana Club. He said the City denied prior attempts by the previous owners of this site to change the commercial zoning. A cap on the existing seawall is planned at the erosion control line. He said the current traffic layout will remain the same except that there will be additional parking behind the hotel. All public access easements will be maintained. He said the project meets land use and zoning requirements and minimizes the impact to its surrounding neighbors. He said no permanent improvements will extend into the CCCL. He said most of the properties in this area extend to the CCCL and some properties have improvements, including pools, that extend westward of the CCCL. He reviewed the site plan depicting the scale of the project, hotel units, etc. He said the architectural elements will be maintained to blend into the area. He said this plan reduces the restaurant area by 44%. Mr. Heisenbottle presented a comparison of the proposed project with the Marriott, Sheraton, and Sandpearl with respect to the number of rooms, spa, restaurant, banquet facilities, and parking ratios. He said the project has no banquet facilities, provides 1.47 parking spaces per room, and is considerably smaller than other hotels in the area that have lower parking ratios with higher density. He said the proposed restaurant is in basically the same position as it is today. He said the project's building height is six stories over parking and lower than surrounding buildings. He said Dan's Island and the Cabana Club Condominium properties are higher and larger than the proposed project. He said there is a 100-foot separation from this project and the adjacent Dan's Island condominium, and on the opposite side of the project there are varying dimensions of between 35 and 47 feet between properties. He said a building height survey was performed in the area that confirms that the proposed project is shorter than all the buildings built west of the Gulf and immediately surrounding it. He said the State does not guarantee view corridors, however whenever architects design projects they try to minimize the impacts to neighbors. He said this project has no impact to its neighbors to the north. He said the project would impact its neighbors at Harbour South across the street. He said other projects such as Dan's Island have had impacts on neighbors' views. Nick Clarizio, State Certified Real Estate Appraiser, stated he was asked to perform a study of the project to determine: 1) If a change in use from restaurant with rooftop lounge to a boutique hotel would affect property values in the general market area; 2) If a change in use from restaurant with rooftop lounge to a boutique hotel would affect property values in immediately surrounding properties; and 3) If a change in use would affect the views in the area. He studied sales in close proximity to Shell's Restaurant and in and around Clearwater Beach and sales away from Shell's Restaurant. He concluded that the restaurant did not cause a functional obsolescence. He performed a study pairing sales of the Meridian on Sand Key to the Grande on Sand Key. The effect was to isolate the Sheraton Sand Key, the Marriott, and the Columbia Restaurant. His conclusion was that the hotel and restaurant use has no diminution in value when compared to a restaurant use. Mr. Clarizio said he also performed a market analysis regarding appreciation of property values. He looked at Harbour North in the timeframe that Ultimar was built. He itemized re-sales, determined the monthly appreciation in the market, and compared the results to Marina Del Rey. He found that during construction of Ultimar, Harbour North did not appreciate at the same rate as did Marina Del Rey. He said he studied views. He compared Harbour South and the southernmost view inside the project, and performed pairings inside Isle of Sand Key units. He said there was a positive view adjustment of the Gulf of Mexico. He concluded that the change in use of the restaurant would not have a negative impact on the market area. However, the development of the hotel would affect 15 units in Harbour South and the northwest corner of Isle of Sand Key by an approximate property devaluation of 5% to 10%. Community Development 2008-09-16 17 Ed Mazur, registered professional engineer with Florida Design Consultants, reviewed his background. He referred to a drawing of the site plan, including traffic circulation, drainage, etc. He said current drainage requirements are significantly different than they were when the Cabana Club was originally built. He said the current site has no stormwater treatment and discharges directly into the bay. He said all engineering aspects of the project, including drainage, fire protection lines, etc., meet City and State requirements. Roy Chapman, project traffic consultant with Florida Design Consultants, stated he reviewed the traffic conditions in the area on a before and after basis. He said the weekday trip generation analysis indicates the Cabana Club as a quality restaurant would generate 688 trips a day, with 69 trips during p.m. peak hours. He said if the proposed 38-room hotel were fully occupied, it would generate 339 trips a day, with 30 trips generated during p.m. peak hours, which is substantially less than a restaurant. He said a quality restaurant generates significantly more trips a day, including during p.m. peak hours, than a hotel. He reviewed the results of the City's Beach Area Traffic Study done in February 2008, which studied the levels of service for the year 2027. The study assumed that an additional 50 hotel rooms would be constructed at the Cabana Club site, that there were acceptable levels of service on Sand Key, and concluded that no roadway improvements are necessary for Sand Key. He said this project only proposes 38 hotel rooms and he foresees no traffic impact due to this project. Mr. Heisenbottle said the project includes a "going green" policy. Vicki Gagliano, Parking Consultant with Timothy Haahs & Associates, stated she has performed parking studies for the past eight years. She stated her team reviewed parking issues at the Belleview Biltmore, the Belleview Biltmore Golf Club, and the Cabana Club. She said the project's parking exceeds what is required and needed and the applicant is not asking for a parking deviation. She said the site currently includes atwo-story freestanding restaurant with upper level banquet space, which will be converted into a 38-room hotel with 4,981 square- feet of restaurant space, zero banquet space, and 56 parking spaces. Ms. Gagliano stated she identified peak hour to be 9:00 p.m. on a Saturday evening. She said the hotel will be beachfront and associated with the Belleview Biltmore Resort. She said beachfront hotels typically have a lower guest drive-in ratio, as most guests use taxis or shuttles to the beach. She said the traffic study model calibrates a peak hour occupancy of 90%, with a 70% drive ratio, which results in a 24-space hotel demand at the peak hour at 9:00 p.m. on a Saturday. She said the restaurant will serve as an accessory use to the hotel and as a convenience for its guests. There will be no banquet or event space on the upper level. The majority of the users are anticipated to be hotel guests. She said the model also indicates a peak hour adjustment of 90% with a 30% noncaptive ratio, which means that 70% of the customers for the restaurant will be hotel guests, which is typical in the industry. She said the result is a 14-space demand for restaurant use at the peak hour of 9:00 p.m. on a Saturday. She said the project results in a surplus of 18 parking spaces. She said the total parking demand considers the peak hour and special events, when parking usage could surge. She said this site has two contingency plans in place to address increased parking demand. She said valet operations would increase the parking supply from 56 to 67 spaces, a 20% increase. She said the second parking alternative is the use of 1,200 parking spaces at the Belleview Biltmore Resort in conjunction with its shuttle service. Ms. Gagliano concluded that more than adequate parking will be provided for the project, that no parking deviation from Code is needed, that two alternative parking solutions are in place if needed, and that the project far exceeds the requirements for comparable resorts in the State. Cyndi Tarapani, Vice-President of Florida Design Consultants, said this is the last developable parcel on Sand Key. She said the board must base its decision regarding the Community Development 2008-09-16 18 applicant's request on the general standards and comprehensive infill criteria in the Code. She said the City denied a previous rezoning request for the site. She said the proposed hotel is an allowable use in the land use plan and in the commercial zoning district. She said a hotel is more compatible with a residential use than any other use allowed in a commercial district. She said using data from the County Property Appraiser's office, her firm performed an analysis of the percent of homesteaded properties on Sand Key. She said statistics indicate that only 38.5% of residents on Sand Key occupy their homes on a permanent basis. She said this particular use is more compatible with the residential transient nature on Sand Key than any other use. She said the project's lot width complies with criteria 1,3, and 5 of the general standards and 1,3,5, and 6 of the comprehensive infill criteria. She said the front setback is consistent with properties to the immediate north and south, however the building maintains a large setback along Gulf Boulevard that is prevalent along Sand Key. She said a letter from the President of the Cabana Club Condominiums states that a vote taken of condominium owners indicates that 74% of the owners accepted the plans as presented; 26% did not. She said the applicant has listened to its closest neighbor and made adjustments to the project as needed. She said Lighthouse Towers, The Meridian, and The Grande have tennis courts, pools, and clubhouses west or seaward of the CCCL. She said the proposed project is the shortest building on the west side of Gulf Boulevard. She said of the 415 units in the four buildings that the proposed project is immediately adjacent to, only 15 units' views would be affected by the proposal. She said Sand Key has been built over many years and under different codes. She said the applicant is aware that this project's zoning differs from the rest of the residential zoning on Sand Key. She said the five cases related to B zoning districts approved by the board today are higher with more density than the Code would allow if they were built today. She said the applicant feels the project minimizes the impacts to its neighbors as much as possible. Ms. Grimes reported that the applicant's materials were given to the board, staff, and opposition group right before the meeting started. The Chair confirmed her statement and remarked that the same materials were given to the opposition group. Alan Zimmet, party status holder, said his clients do not object to redevelopment of this parcel but to its over-development. He disagreed with Mr. Heisenbottle's remark that the project is a modest development. He said the applicant proposes to develop the maximum number of rooms allowed under the density regulations and provide a restaurant that is oversized fora 38- room hotel. He said this is a king-sized project, which is why the applicant requests so many deviations. Mr. Zimmet said a Cabana Club resident who had to leave today's meeting prepared a written statement regarding the vote that was taken of Cabana Club Condominium residents in February 2008. He said the resident disputes the manner in which the vote was taken, states that there was inadequate information available to residents at the time of the vote, and feels the president of the association at that time provided information to residents that coerced residents into voting in favor of the project. He said the resident indicates in her written statement that she voted in favor of the project, however she feels that as she knows the facts now, she is not in favor of the project. A remark was made that in most condominium documents, non-votes are added to the "no-votes" category, and that normally, 75% of property owners must vote to approve an item in order for it to pass. Ms. Grimes said questions regarding the Cabana Club Condominium owners' votes could be asked of the applicant during rebuttal. Mr. Reynolds objected to Mr. Zimmet's request to enter into evidence the Cabana Club Condominium resident's statement, as she is not present at the meeting, her written statement Community Development 2008-09-16 19 ~ • is not an affidavit, and there was no testimony from her. Mr. Zimmet said he felt as the applicant also submitted letters from other individuals who could not attend today's meeting, it would be inappropriate for the board to deny his request to submit the letter into the record. Ms. Grimes stated that the letter Mr. Zimmet wants to submit can be entered into the record, as are other letters, e-mails, etc., and it is the purview of the board to weigh the credibility of the correspondence. Mr. Zimmet submitted a letter from Patricia Rogowich, and a statement from Fred Ludwin, an individual who resides in Dan's Island, into the record. He said he also provided Mr. Reynolds with copies of the letters. He distributed informational materials including the resumes of Sue Murphy of P & M Consulting Group, Inc., and Ronald Oxtal of Oxtal Real Estate Advisors, Inc. He requested that Sue Murphy be accepted as an expert witness in land use planning, zoning, and site plan analysis, and that Ronald Oxtal be accepted as an expert witness in real estate appraisal and evaluations. Member Tallman moved to accept Sue Murphy and Ronald Oxtal as expert witnesses in their fields. The motion was duly seconded and carried unanimously. Sue Murphy, President of P&M Consulting, Inc., stated she analyzed all of Legg Mason's submittals, City Code, and existing conditions on the site regarding the applicant's request. She said the project represents a 13% reduction in restaurant use versus the applicant's claim that the proposal represents a 44% reduction. Ms. Murphy said accessory uses are defined in the Code to be subordinate to the principal use and on the same property. She said the project's ratio of restaurant seats to hotel rooms demonstrates that the restaurant is not subordinate to the hotel and it is not intended to serve only the guests of the 38-room hotel. She said a survey of hotels in the area that was included in the materials provided to the board, indicates that the average ratio of seats to hotel rooms is 0.97. She said the applicant proposes 4.34 seats per hotel room, or 450% higher than the hotels that were surveyed for this project. She said the applicant also claims that the restaurant is accessory to the Belleview Biltmore, which is approximately six miles away from this site in the town of Belleair. She said Condition 2 in the Staff Report is an admission by staff that the restaurant is not an accessory use for the hotel. Ms. Murphy said under the shared parking provisions of the Code is a table that indicates that both overnight accommodations and restaurants need 100% of their required parking at the same time between the hours of 6:00 p.m. and midnight. She said the greatest demand for the two proposed uses of this site are during the same hours. She said if one space is utilized for each hotel room, 18 spaces remain for handicapped parking, for the restaurant, bar and grill, vehicles such as airport and delivery vans, hotel guests and their visitors, and the Belleview Biltmore's estimated 900 guests who are encouraged to use the proposed hotel and restaurant. Ms. Murphy referred to photographs of the existing restaurant indicating there is insufficient parking, including illegal parking, and vehicles blocking fire lanes. She said the flexible standards in the Code require that 35 - 75 parking spaces are required forthe new restaurant use. She said while the comprehensive infill criteria is more flexible, there is still the need to provide parking based on the need being created by the use. She said the curb cuts and road depths should not be grandfathered in. She said the project would create traffic safety issues, as vehicles would back up on to Gulf Boulevard while trying to enter the Cabana Club. She said there are several commercial uses that could fit on this site without numerous deviations from Code. Ms. Murphy said the proposed project must meet the comprehensive infill criteria in Section 2-704. She opined that the intensity of the project is not compatible with and does not support the established character of the residential area, that it is too intense for the size of the parcel, that insufficient parking will have a negative impact on the surrounding Community Development 2008-09-16 20 properties, that the existing restaurant already has been cited for illegal parking in fire lanes and driveways, and that the proposed parking layout violates stacking requirements. Ronald Oxtal, Oxtal Real Estate Advisors, Inc., stated he was retained by Save Our Neighborhoods on Sand Key to determine the project's potential impact on property values in the area. He stated his analysis included inspections of buildings in the neighborhood and immediately surrounding the project site, and substantial market research dating back to 2003. He referred to photographs depicting views from units at the Harbour at 1591 Gulf Boulevard, the Isle of Sand Key, the Cabana Club, and Dan's Island. He said the views would be significantly impacted due to this project. He said the applicant's expert's opinion was that there is a diminution of property values due to reduction in views. Mr. Oxtal said he performed a view comparison analysis from 2003 to 2008 regarding properties with gulf views versus properties with intracoastal views, and a unit to unit comparison on Dan's Island over a nine year period, and rates from the Marriott and Sheraton on Sand Key showing gulf view premiums versus intracoastal view premiums for nightly rates. He said there is an average view differential of 20.49%, ranging from 14.68% to 26% in 2008. He said on Dan's Island, he found an average differential of 26.4%. Differentials for hotels with views were higher. Mr. Oxtal stated he also performed a property value loss analysis. He said he established a percentage of reduction in value for each building instead of appraising individual condominium units. He explained how he calculated the losses. The analysis indicates a 20% loss in property values for the Isle of Sand Key and the Harbour, a 10% loss for the Cabana Club Condominium, and that 5% of the northeast and northwest units of Dan's Island were impacted. He said a total 110 homes would be impacted by this project at an average loss of $75,000 each, or a total loss of $8,350,000 in assessed property values. Mr. Zimmet said Legg Mason has indicated this is a modest proposal, however it is mischaracterized as it proposes to use the maximum density allowed by Code. He said he and a number of Sand Key residents have been before the CDB and City Council and were told that properties on Sand Key would not necessarily develop at the maximum density allowed by Code. He expressed concern that is what the applicant is proposing with this project. He said no one can make a logical argument that the restaurant serves a 38-room hotel. He said the property could be developed with a lower density that would not require overbuilding to serve a hotel that is six miles away. He said the issue of whether or not the restaurant is an accessory use is extremely important regarding the impact the project will have to Sand Key. He said the size of the proposed restaurant is not justified, as the number of seats is over four times the number of hotel rooms. He said the Code provides that accessory uses are allowed for shared use of infrastructure, however patrons of the Belleview Biltmore will be told to drive over six miles away to go to the Cabana Club to eat, go to the beach, etc. He said accessory uses are required to be subordinate to principal uses, however in this case the principal use is six miles away. He said the evidence is clear that the proposed restaurant is not an accessory use to a 38-room hotel or with any structure located on the same property, and that it would require 75 parking spaces without a deviation from the Code. He said testimony today indicates that the neighborhood will suffer impairment of property values of over $8.3 million. He said Legg Mason's own experts said the project would negatively affect adjacent property owners' property values. He said the applicant's representative stated that if not this project, more undesirable uses could be placed on the site. He said he has submitted evidence that three-star hotels could be built on the site in a more appropriate manner. He urged the board to protect his clients and the residents of Sand Key against overdevelopment of the site and the detrimental effects it would have on residents. Community Development 2008-09-16 21 • • Michael Nardi, party status holder, submitted two contracts between the City and FDEP (Florida Department of Environmental Protection) regarding Sand Key beach renourishment. She said if the City knowingly allows Legg Mason to continue to use the parking spaces at Sand Key Bay Park, it could be in breach of an FDEP agreement. She expressed concern the project includes construction west of the CCCL and inadequate parking. She said the project consists of a hotel and restaurant and should be considered as a whole. Todd Pressman, party status holder, representing residents of the Harbour and the Isle of Sand Key, said this request has a history of being denied by several boards. He said it is a fine project in the wrong location. He said three beach civic associations are opposed to this project and the City has received hundreds of letters and a-mails in opposition to the project. He said there are no hotels within a mile of the proposed project, rental periods on Sand Key differ from north to south, and that south Sand Key is quiet and significantly different than the rest of Sand Key with an urban residential environment. He said most of the project's 10-foot separation to its closest neighbor is provided by Dan's Island on the south side of the project, and is much smaller than the building separations in the area. He said the proposed project is a high impact commercial use with 24-hour, seven days a week uses, including commercial delivery trucks, shuttles from the Belleview Biltmore, etc. He said the heights requested cannot be compared to the heights of residential uses in the area, the use is not compatible with the surrounding area, and approval of the request would set a precedent as a portion of the project extends beyond the CCCL. He expressed concern that the applicant did not define specific hours. for removal of the cabanas. Mr. Pressman stated that a letter from Steve Allison, a master of urban planning and a member of the AICP (American Institute of Certified Planners) agrees that an accessory use must serve a principal use. Mr. Pressman said the restaurant is the principal use, not the hotel, as the public also could use the restaurant, and the applicant proposes to bring hotel guests to the restaurant from another jurisdiction. He expressed concern that staff agrees with the applicant's definition of an accessory use. Mr. Pressman stated a letter from Mike Razor, a transportation consultant and Florida professional engineer indicates that a 38-room hotel cannot exclusively support a 4,500 square-foot restaurant. Mr. Razor also indicates that inadequate parking causes pedestrian and vehicular safety issues, traffic circulation problems, and illegal off-site parking. Mr. Pressman said the problems mentioned by Mr. Allison and Mr. Razor would be compounded with normal congestion that might occur in the area. He said the Comprehensive Plan Conservation Needs Summary states that the protection, maintenance, and continued management of Clearwater's shorelines is critical, and specifically mentions Sand Key and its geographic proximity to Caladesi Island Park as some of the most important and unique resources the City possesses. He felt it unfortunate that staff is not protecting the beaches as directed. Mr. Pressman referred to portions of the Comprehensive Plan that relate to shoreline protection and conservation. He said the Future Land Use Element states that commercial uses shall be located at the intersection of arterial or collector streets and should minimize the intrusion of off-site impacts in residential neighborhoods. He said Ms. Tarapani's statement that other commercial uses such as vehicle sales and nightclubs are permitted on the site is incorrect, as those uses are not permitted by right. He said several months ago, City Council voted not to allow increased hotel density on commercial properties and excluded commercial zones from having higher density developments. He said many people have made Sand Key their homes. He urged the CDB to keep south Sand Key as it currently exists, as the project would damage the area. The CDB recessed from 3:47 to 3:55 p.m. In response to questions, Ms. Murphy stated she obtained information regarding the square-footage for the restaurant and hotel from the applicant's materials, has worked on the Community Development 2008-09-16 22 ~ ~ proposed project for approximately four months, is not a certified traffic engineer, is a certified planner, performs parking studies for her clients in several jurisdictions, and relied on her training as a land planner and on the criteria in the Code regarding parking requirements. She said there are other commercial uses such as a smaller restaurant or hotel that would meet the site requirements, or other uses that would not require as many deviations from Code. She felt the 38-room hotel with restaurant as designed is not more compatible than other uses that could be allowed on the site. She stated she did not know what the Code requires regarding bar or lounge uses. She stated she did not know the type of activity that occurred at the time the residents took photographs of illegal parking at the Belleview Biltmore restaurant. She said by definition, the proposed restaurant is not an accessory use under Code. In response to a question, Mr. Wells said the Code states that an accessory use cannot exceed 10% of the gross floor area of the principal use or up to 25% of the gross floor area with staff approval, including an attached garage or carport. He said the project's accessory use is integral to the principal use. In response to questions, Mr. Oxtal said he visited the Isle of Sand Key, Cabana Club Condominium, Dan's Island, Harbour South, Harbour North, and the Harborage. He photographed views from inside some of the units in each development. He said there would be a significant diminution of property values of the surrounding condominium developments, however as the project has not been built, it would be difficult to determine the extent. He said views from Harbour South and Isle of Sand Key would be substantially blocked due to the proposed project. He estimated that 90 units' views on the Intracoastal side of the buildings would be affected. Mr. Oxtal said he does not know how Mr. Clarizio performed his analysis and made his determinations. He said he has 28 years of real estate experience in Florida. He said he was not asked to provide a written report, however his oral report today is part of the record. In response to a question, Ms. Nardi read a letter from Nicole Elko, Coastal Coordinator of Pinellas County Environmental Management, dated September 9, 2008, stating the proposed redevelopment will not have any effect on the ability of Pinellas County to request and receive federal funding for beach renourishment. Ms. Nardi said during her testimony, she stated that the misuse of parking spaces at the Sand Key Bay Park could jeopardize beach renourishment funds. She said it appears that regardless of whether or not Legg Mason allows them to, it appears that Legg Mason employees park in Sand Key Bay Park and walk to the Cabana Club. In response to a question, Mr. Heisenbottle estimated the number of seats in the existing restaurant without the banquet facility, at 175. He said it is licensed for 320 seats. He said the proposed size of the new restaurant may be more than what is needed fora 38-room hotel, however the hotel is part of the agreement that it be managed and operated by the Belleview Biltmore. He said the Belleview Biltmore shuttle will bring additional people to the hotel. He said there is no typical 38-room hotel to compare this project to, and the proposed restaurant is well within the confines of the Code. He said including the cottages, the Belleview Biltmore has 425 rooms. He said the applicant has received a variance for parking spaces in the town of Belleair. He said there is parking for over 1,200 cars at the Belleview Biltmore. In response to questions, Ms. Gagliano said she did not study the current parking conditions at the Cabana Club site, does not know the number~of employees that work at the Cabana Club, and does not know how many employees will work at the new Cabana Club. She said she relied on shared parking models from the Urban Land Institute and her professional experience to complete her parking analysis for typical resorts of this size. She said there Community Development 2008-09-16 23 ~ • would be 10 parking spaces per 1,000 square-feet of restaurant. She said the City does not require 15 spaces per 1,000 square-feet for accessory uses. She said as the Belleview Biltmore hosts special events, it is a different use than the proposed restaurant. She said the analysis pertormed by her firm regarding the Belleview Biltmore did not include a capture adjustment for the hotel space that is used for special events, as special events bring off-site visitors to the site. Mr. Zimmet requested that he be able to enter into the record the parking study done by Timothy Haahs & Associates regarding the Belleview Biltmore. Objections were raised by Ms. Grimes, Assistant City Attorney Leslie Dougall-Sides, and Mr. Reynolds regarding Mr. Zimmet's request, as the study was not testified to by Ms. Gagliano during her presentation, and that Mr. Zimmet is limited during cross-examination of Ms. Gagliano to the scope of the direct examination. Mr. Zimmet said he would not enter the study into evidence, however he wished to refresh Ms. Gagliano's memory regarding the study's statistics. He said under the rules of evidence, he could refer to any document to do so. He said during Ms. Gagliano's testimony, she discussed the patrons of the Belleview Biltmore using the, proposed restaurant via a shuttle service and wanted to show that her study indicates that 268 vehicles parked at the Belleview Biltmore could be driven to the Cabana Club. Ms. Grimes said the question regarding the shuttle service is appropriate since it was part of the original testimony, however to go into the parking study is not, as it was not part of the original testimony. In response to a question regarding whether the proposed restaurant is larger than normally needed fora 38-room hotel, Mr. Wells said the definition of overnight accommodations includes accessory restaurants and does not set any limits. He said DRC comments in the Staff Report indicate that the restaurant appears to be larger than normal fora 38-room hotel. Mr. Wells said the proposed hotel would not be economically viable on its own. He said the project has more than a casual relationship with the Belleview Biltmore, which is why a condition of approval in the Staff Report states that approval of the request requires common operation and management by the same hotel operator. He said Code does not limit the square-footage of the accessory use. Staff feels, and Code requires, the accessory use serve the principal use. Mr. Wells said staff feels the proposed restaurant is an accessory use for the 38-room hotel. He said the applicant has testified that it is expected there would be off-site patronage for the proposed restaurant. Mr. Wells said he did not claim that a restaurant of any size whatsoever would be an accessory to a 38-room hotel. He said the applicant's request did not require a study to be done regarding existing parking problems at the Cabana Club. He said he is unaware of public parking available within walking distance of the site. Fifteen people spoke in opposition and •four people spoke in support of the request. In response to a question, Mr. Wells said the City can enforce the condition related to the common operation and management of the site as a change in use. He said staff has no information regarding parking violations at the Belleview Biltmore site. Mr. Zimmet said if the Belleview Biltmore configuration remains the same and parking problems continue, and this project is approved, the City cannot do anything to resolve parking issues related to this project. He said staff's condition of approval that requires the two hotels be operated by the same hotelier will not address parking now or in the future. He expressed concern that the City might not find out if the two hotels cease to be operated by the same owner. He said the project cannot be compared to the Sheraton and Marriott hotels, as those hotels are larger with more acreage and restaurant space. He said Mr. Oxtal was the only real estate appraiser who went inside the adjacent condominiums and testified regarding the Community Development 2008-09-16 24 w ~ diminution of property values. He said when parking issues arise, Legg Mason's solution is to park illegally on the site, at a City park, or on private property. He said the applicant's witness stated she was not aware of the number of employees expected to work at the Cabana Club. He said the project did not include parking for employees. Ms. Dougall-Sides said the deed restriction listed in the Staff Report would run with the land. A violation would subject the owner to a Code violation. A lawsuit could be filed to enforce the restriction and would affect the owner's right to use the property. Mr. Heisenbottle said Ms. Murphy testified she is a land planner, not a traffic engineer or parking consultant. He said Ms. Gagliano, Mr. Chapman, and City staff stated no traffic or parking problems are associated with this project. He said it is not in Legg Mason's best interests to provide insufficient parking for the project site. He said there would be no banquet facility or spa at the proposed hotel and accessory restaurant. He said since Legg Mason has owned the Belleview Biltmore, there have been no parking violations, and beach renourishment funds are not in jeopardy. He said annually, Legg Mason will verify to the City that the Belleview Biltmore and the Cabana Club are under common management. He said no permanent improvements are planned west of the CCCL. He said there would be some view impairment for 15 of 450 condominium units in the area surrounding the project site. It was remarked that the records of the proceedings indicate that there would be no construction westward of the CCCL. It was suggested that as atwo-foot cap on the existing seawall on the project site is planned, a condition of approval should be added that a copy of a FDEP permit be submitted to staff. It was remarked as that the zoning map indicates the parking lot and roofline of the restaurant extend into the CCCL, that information should be verified. It was remarked that a condition should be added regarding prohibiting special events or holiday parties at the project site, as Belleview Biltmore management stated there would be no banquet facility. Concern was expressed that protection of the beach, the size of the restaurant, the impact on parking including additional patrons from the Belleview Biltmore and 300 golf club members have the potential to get in cars and drive to the Cabana Club. Ms. Grimes reminded board members that they must consider the Code criteria in Section 2-704c, and the evidence and testimony heard today before making their decision. In response to a question, Mr. Wells said no parking variance is being requested, the development is in character with the surrounding area, and the height of the project complies with Code and is not out of character with the surrounding area. Discussion ensued with remarks that the project is well-designed, that the variances requested do not set a precedent, that the new parking design, including parking under the building, would correct the flow of traffic, that stormwater utilities will be greatly improved, that the proposed commercial project is better than another commercial use such as a car lot or bar, that this flexible development request under Code permits 40 units and the project will have 38 units, that the project is consistent with adjacent properties, that when the property owner had attempted to rezone the site as Residential High their request was denied, that adjacent buildings are higher than this project, that the project is consistent with the Code, that there are no guarantees regarding view corridors, that nothing should be built westward of the CCCL, and that the project will be a copy on a smaller scale of what the Belleview Biltmore has been for many years. It was remarked that there are two access points for residents of the Cabana Club Condominium. It was suggested that 2.63 seats per room would take into consideration the Belleview Biltmore hotel shuttle service and would limit the restaurant seating to 100 seats. It Community Development 2008-09-16 25 ~ • was remarked that the CDB should not make suggestions regarding the number of seats the restaurant should have. It was remarked that removal of the banquet room at the Belleview Biltmore would address parking concerns. In response to a question, Assistant Planning Director Gina Clayton said seawalls are exempt from CCCL regulations. It was remarked that the CCCL is not public or private property. The State and the Army Corps of Engineers regulate structures that can extend beyond the CCCL. Acting Member Carlough moved to approve Case FLD2008-02002 based on the evidence and testimony presented in the application, the Staff Report, and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with Conditions of Approval as listed. The motion was duly seconded. It was suggested the motion be amended to include that the approval is subject to applicant being prohibited from seeking approval, including from the State, to construct anything westward of the CCCL. In response to a question, Mr. Wells said Condition 3 in the Staff Report should be deleted, as the applicant withdrew the request for permanent structures with foundations for the cabanas. It was remarked that should the applicant seek any construction westward of the CCCL, they would automatically have to go to the FDEP for approval. In response to a question asked by Ms. Grimes if there was there was any other additional language regarding construction west of the CCCL, Acting Chair Coates stated "no." Acting Member Carlough and the seconder agreed to amend the motion to delete Condition 3 as listed in the Staff Report (deleted and renumbered). Upon the vote being taken, the motion carried unanimously. F. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting (Items 1 - 8): 1. Level Three Application Case: REZ2008-05003 -1170, 1180, 1200 and 1226 Gulf Boulevard (Continued from the meeting of June 17, 2008) Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 9.03 acres located on the northwest side of Gulf Boulevard approximately 180 feet north of Marina Del Rey Court. Atlas Page: 294A. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the High Density Residential (HDR) District and the Preservation (P) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition and Sand Key Civic Association. Presenter: Michael Reynolds, AICP, Planner III. Community Development 2008-09-16 26 This rezoning application involves two parcels of land totaling 13.52 acres in the area known as The Grande on Sand Key Condominium and The Meridian on Sand Key Condominium. The subject property is located on the northwest side of Gulf Boulevard approximately 2,280 feet south of Clearwater Pass Bridge. The properties are designated Resort Facilities High (RFH) and Preservation (P) on the future land use plan map and have been governed by a Settlement Stipulation. According to data obtained from the Pinellas County Property Appraiser's website, The Grande on Sand Key Condominiums (1170 and 1180 Gulf Boulevard) consists of two towers with a total of 231 attached dwelling units. The Meridian on Sand Key Condominium (1200 and 1226 Gulf Boulevard) is developed with one tower containing 106 attached dwelling units. The City of Clearwater is requesting to rezone the properties from the Business (B) District to the High Density Residential (HDR) and Preservation (P) Districts. The City dissolved the Business (B) District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (Case 78-4765-7) in the Circuit Court for Pinellas County. The resulting Settlement Stipulation has governed allowable uses and development potential on the properties; however, the property has been designated as Business (B) on the zoning atlas. As noted above, the Settlement Stipulation governed the intensities and densities on the subject properties. The subject properties are known as "Parcel IV" in the Settlement Stipulation. Section 13 of the Settlement Stipulation states: "As additional consideration for the mutual agreements contained herein, the City agrees that Plaintiff shall be entitled to develop Parcel IV with an additional one hundred fifty (150) residential dwelling units or a total of five hundred twenty (520) residential dwelling units, which number includes the density authorized by the Parcel IV Settlement Stipulation, provided that the development of Parcel IV with such additional residential dwelling units or hotel units shall be in substantial accordance with either (i) the Parcel IV Settlement Stipulation of (ii) any of the alternative schematic site plans prepared by Community Design Corp. dated August 28, 1986, attached hereto as Exhibits "D-1" through "D-3" and hereby incorporated by reference. The total number of residential dwelling units or hotel units shall be subject to reduction in the event of a transfer of not more than forty (40) residential dwelling units from Parcel IV to Parcel II. Plaintiffs shall have the right to determine whether residential dwelling units or hotel units, or any combination thereof, shall be constructed on Parcel IV. It is agreed that 1.5 hotel units may be constructed in lieu of one (1) residential dwelling unit of density allocated to parcel IV." Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20} years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." Community Development 2008-09-16 27 ~ s The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. Pursuant to Florida State Statutes Chapter 163, the City's zoning atlas and land development code shall be consistent with the City's future land use map and Comprehensive Plan. The Business (B) District is not listed in the City's Future Land Use Plan Element of the Comprehensive Plan; therefore the Business (B) District is not consistent with any future land use plan category. The City needs to rezone the property to be consistent with the City's Comprehensive Plan and the Community Development Code, as well as Countywide Rules; therefore, the City is proposing to zone the subject properties to the High Density Residential (HDR) and Preservation (P) Districts. Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.1 Policy -Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR -floor area ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. The High Density Residential (HDR) and Preservation (P) Districts are consistent with the City's future land use plan categories for Resort Facilities High (RFH) and Preservation (P) and are consistent with the City's Comprehensive Plan. The current designation of "Business District" no longer exists, and therefore, cannot be consistent. It should be noted that there are a total of 337 units on these properties. The underlying future land use plan designation of Resort Facilities High (RFH) allows 30 units per acre or 270 units on these properties and the Preservation (P) category allows one unit per acre or a total of 4 units. As stated earlier, the property has future land use plan designations of Resort Facilities High (RFH) and Preservation (P). The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed High Density Residential (HDR) and Preservation (P) zoning districts are consistent with the existing plan categories; therefore the proposed rezoning is consistent with the Clearwater Comprehensive Plan. As currently developed (337 units), the site exceeds allowable density (274 units) by 63 units. Gulf Boulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape islands surrounding pedestrian crossings. The surrounding area, located south of Clearwater Pass Bridge, is characterized by high-rise attached dwelling buildings, overnight accommodations and land devoted to recreation. The area has a mixture of residential and mixed used plan categories that allow for 15 to 30 dwelling units per acre. Immediately to the north of the subject properties is the Sheraton Sand Key Resort, an overnight accommodation use. This property is zoned Tourist (T), with an underlying future land use plan category of Resort Facilities High (RFH), which permits 30 dwelling units per acre or 50 ovemight accommodation units per acre. North of the Sheraton Sand Key Resort is the Pinellas County-owned Sand Key Park and the City of Clearwater Fire Station #44. These Community Development 2008-09-16 28 ~ ~ publicly-owned properties have zoning designations of Open Space/Recreation (OS/R) with underlying future land use plan categories of Recreation/Open Space (R/OS) and Preservation (P). To the east of the subject properties is the Clearwater Beach Marriott Suites on Sand Key, an overnight accommodations use. The Marriott property has a zoning designation of Tourist (T) with an underlying future land use plan category of Resort Facilities High (RFH). North of the Marriott property is City-owned property developed as the Sailing Center and Sand Key Bayside Park. This publicly-owned property has a zoning designation of Open Space/Recreation (OS/R) with underlying future land use plan categories of Recreation/Open Space (R/OS) and Preservation (P). To the south of the Marriott property, the Shoppes on Sand Key is zoned Commercial (C) and fias a plan category of Resort Facilities High (RFH). To the south of the subject properties, the Landmark Towers are attached dwellings with a zoning designation of High Density Residential (HDR) and a future land use designation of Residential High (RH) which allows 30 dwelling units per acre. To the west is the Gulf of Mexico. Section 2-501 of the Community Development Code, titled "Intent and purpose" states: "The intent and purpose of the High Density Residential District ("HDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of higher density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the city." Section 2-1401 of the Community Development Code, titled "Intent and purpose" states: "It is the intent and purpose of the Preservation District to protect the waters, waterways and coastal wetlands of the Gulf of Mexico and Tampa Bay and noncoastal wetlands, environmentally sensitive palustrine, lacustrine, and riverine areas, natural and artificially made interior bodies of water and other submerged lands through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations." The proposed rezoning to the High Density Residential (HDR) and Preservation (P) Districts is compatible with the surrounding residential, recreation and tourist uses, as well as reflects the historic use of the property. The proposed rezoning will be in character with existing and abutting uses and zoning designations. The High Density Residential (HDR) and Preservation (P) Districts will allow attached dwellings, which is compatible with the surrounding neighborhood. As stated earlier, the subject properties total 13.52 acres in area and presently are occupied by attached dwellings. Based on a maximum allowable density of 30 dwelling units per acre in the existing Resort Facilities High {RFH) category and one unit per acre in the Preservation (P) category, 274 dwelling units could be constructed on the properties. At present, 337 dwelling units occupy the properties. Community Development 2008-09-16 29 ~ • Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 7'h Edition. The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South Gulfview Boulevard a LOS of A. The traffic analysis above compares the uses permitted by the Settlement Stipulation, the existing development of the subject properties, and the maximum development potential allowed by the underlying future land use plan designation and proposed zoning. Based on the ITE Trip Generation Manual, an attached dwelling use developed at maximum intensity in the High Density Residential (HDR) and Preservation (P) Districts (274 attached dwelling units) would result in a decrease in the PM Peak trips to Gulf Boulevard since the current development exceeds the allowable density by 63 units. The subject site is located along the Pinellas Suncoast Transit Authority's Beach Trolley route and headways are less than or equal to one hour. As no change is proposed to the underlying future land use designation and the current development exceeds permitted density, the proposed rezoning will not negatively impact the City's current LOS for water. As no change is proposed to the underlying future land use designation and the current development exceeds permitted density, the proposed rezoning will not negatively impact the City's current LOS for wastewater. As no change is proposed to the underlying future land use designation and the current development exceeds permitted density, the proposed rezoning will not negatively impact the City's current LOS for solid waste disposal. The Settlement Stipulation governed the payment of all Recreation and Open Space impact fees. Based upon the findings of fact, the proposed zoning atlas amendment will not negatively impact the transportation LOS of Gulf Boulevard nor will it impact the City's LOS for water, wastewater or solid waste service as the current developed properties exceed allowable densities. Lastly, the proposed rezoning will not affect the needs for open space and recreation or mass transit. The location of the proposed High Density Residential (HDR) and Preservation (P) District boundaries are logical and consolidate these properties into the appropriate zoning district. The High Density Residential (HDR) and Preservation (P) Districts are compatible districts with the adjacent Tourist (T), High Density Residential (HDR) and Open Space/Recreation (O.S/R) zoning districts located to the immediate north, south and east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Approval of this zoning atlas 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. Community Development 2008-09-16 30 • • An amendment of the zoning atlas from the Business (B) District to the High Density Residential (HDR) and Preservation (P) Districts for the subject properties is requested. The property exceeds the minimum lot area and lot width requirements for attached dwellings. Surrounding uses include overnight accommodations to the north and east, commercial to the east, the Gulf of Mexico to the west and attached dwellings to the south. The proposed rezoning is compatible with the existing neighborhood as well as with the current uses and future land use plan categories of the properties. The proposed High Density Residential (HDR) and Preservation (P) Districts are consistent with the City Comprehensive Plan, are compatible with the surrounding area, do not conflict with the needs and character of the neighborhood and City, do not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on the above analysis, the Planning Department recommends approval to amend the zoning atlas designation of 1170, 1180, 1200 and 1226 Gulf Boulevard from the Business (B) District to the High Density Residential (HDR} and Preservation (P) Districts. See page 54 for motion to recommend approval. 2. Level Three Application Case: REZ2008-05004 -1520, 1540 and 1560 Gulf Boulevard (Continued from the meeting of June 77, 2008) Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 8.59 acres located on the west side of Gulf Boulevard approximately 200 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the High Density Residential (HDR) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition and Sand Key Civic Association. Presenter: Michael Reynolds, AICP, Planner III. This rezoning application involves a portion of three properties totaling 8.59 acres in area known as the Ultimar I, II and III Condominiums. The site is located on the west side of Gulf Boulevard approximately 180 feet north of Marina Del Rey Court. The properties have a future land use plan category of Residential High (RH) and have been governed by a Settlement Stipulation. According to the Pinellas County Property Appraiser's website, a total of 348 attached dwelling units occupy these properties. The City of Clearwater is requesting to rezone the property from the Business (B) District to the High Density Residential (HDR) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (case no. 78-4765-7)) in the Circuit Court for Pinellas County. The resulting Settlement. Stipulation has governed allowable uses and Community Development 2008-09-16 31 ~ • development potential on the properties; however the property has been designated as Business (B) on the City's zoning atlas. As noted above, the Settlement Stipulation governed the intensities and densities on the subject properties. The subject properties are "Parcel II," as listed in the Settlement Stipulation. Section 11 of the Settlement Stipulation states: "Except as provided below, Plaintiff shall be entitled to develop up to three hundred sixty (360) residential dwelling units on Parcel II, provided that such development is in substantial accordance with any of the alternative schematic site plans prepared by Community Design Corp. and dated August 28, 1986, and which are attached hereto as Exhibits "B-1" through "B-4" and hereby incorporated by reference. In addition to the three hundred sixty (360) units set forth above, Plaintiff shall be entitled to transfer no more than forty (40) residential dwelling units from Parcel IV to Parcel II, in which event the number of units permitted on Parcel IV shall be reduced by the number of units transferred to Parcel II. If such transferred units, or any portion thereof, are not actually constructed on Parcel II, they may be transferred back to Parcel IV pursuant to the procedure set forth herein. In the event that Parcel II and Parcel IV are conveyed to different owners, or that either Parcel is conveyed to any person not a party to this Settlement Stipulation, subsequent to the entry of a judgment based upon this Settlement Stipulation, the transfer of any residential dwelling units from Parcel IV to Parcel II shall require the consent of the owners of both Parcels. Plaintiff shall memorialize any such transfer by recording an appropriate notice of transfer in the Public Records of Pinellas County and by filing a copy of thereof with the City Clerk of the City." Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. Pursuant to Florida State Statutes Chapter 163, the City's zoning atlas and land development code shall be consistent with the City's Future Land Use Map and Comprehensive Plan. The B District is not listed as a zoning district in the City's Comprehensive Plan; therefore the B District is not consistent with any future land use plan category. The City needs to rezone the property to be consistent with the City's Comprehensive Plan and Community Development Code, as well as Countywide Rules; therefore the City is proposed to zone the subject properties to the High Density Residential District. The use of the subject properties exceeds the minimum required lot area and lot width requirements for the District. It should be noted that the underlying future land use plan designation of Residential High (RH) and proposed zoning district of High Density Residential (HDR) permits a total of 257 dwelling units on this site while the property is developed with 348 units. Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: Policy -Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR - floorarea ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans Community Development 2008-09-16 32 approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. The HDR District is consistent with the City's future land use plan'category for RH and is consistent with the City's Comprehensive Plan. The current designation of Business District no longer exists, and therefore, cannot be consistent. The proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies. As stated earlier, the properties have a future land use plan designation of Residential High (RH). The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed High Density Residential (HDR) District is consistent with the Residential High (RH) category; therefore the proposed rezoning is consistent with the Clearwater Comprehensive Plan. Gulf Boulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape islands surrounding pedestrian crossings. The surrounding area, located south of Clearwater Pass Bridge, is characterized by high-nse attached dwellings, overnight accommodations and land devoted to recreational uses. The area has a mixture of residential plan categories that allow for 15 to 30 dwelling units per acre. Immediately to the north of the subject properties is 1480 Gulf Boulevard, an attached dwelling use. This property has a zoning designation of High Density Residential (HDR), with an underlying future land use plan category of Residential High (RH), which permits 30 dwelling units per acre. To the west is the Gulf of Mexico. To the south of the subject properties is 1582 Gulf Boulevard, an attached dwelling use. The subject property has a zoning designation of High Density Residential (HDR) with an underlying future land use plan category of Residential High (RH). To the east are attached dwellings (South Bay Condominiums) with a zoning designation of Business (B) and a future land use plan category of Residential Medium (RM). The City is in the process of rezoning this property to Medium Density Residential (MDR) (see REZ2008- 05005). Also to the east is Bay Park on Sand Key, aCity-owned park- The property has a zoning designation of B and future land use plan designations of Residential Medium (RM) and Preservation (P). The City is also in the process of amending the future land use plan designation of this property to the Recreation/Open Space category and rezoning it to the Open Space/Recreation (OS/R) District (see LUZ2008-05002). Section 2-501 of the Community Development Code, titled "Intent and purpose" states: "The intent and purpose of the High Density Residential District ("HDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of higher density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the city." Community Development 2008-09-16 33 ~ • The proposed High Density Residential (HDR) District primarily permits attached dwellings which is compatible with the surrounding residential and recreation uses on Sand Key. The proposed High Density Residential (HDR) District will be in character with existing and abutting uses and zoning designations and reflects the historic use of the property. As stated earlier, the subject properties comprise 8.59 acres of land and are occupied by attached dwellings. Based on a maximum allowable density of 30 dwelling units per acre in the existing Residential High (RH) category and proposed High Density Residential (HDR) zoning district, 257 dwelling units could be constructed on the properties. At present, 348 dwelling units occupy the properties, less than the number permitted by the Settlement Stipulation. Specific uses in the current and proposed zoning district have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 7'" Edition. The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South Gulfview Boulevard a LOS of A. The traffic analysis above compares the uses permitted by the Settlement Stipulation, the existing use of the subject property, and the maximum development potential allowed by the proposed High Density Residential (HDR) District and Residential High (RH) future land use plan designation. Based on the ITE Trip Generation Manual, an attached dwelling use developed at the maximum density in the HDR District (257 attached dwelling units) would result in a decrease in the PM Peak trips to Gulf Boulevard as the site currently exceeds maximum permitted density by 91 units. The subject site is located along the Pinellas Suncoast Transit Authority's Beach Trolley route and headways are less than or equal to one hour. As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for water. Since redevelopment would result in the same number or fewer units, the City has adequate capacity to serve the property. As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for wastewater. Since redevelopment would result in the same or fewer units, the City has adequate capacity to serve the property. As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for solid waste disposal. Since redevelopment would result in the same number or fewer units, the City has adequate capacity to serve the property. The Settlement Stipulation governed the payment of all Recreation and Open Space impact fees. Based upon the findings of fact, the proposed zoning atlas amendment will not negatively impact the transportation LOS of Gulf Boulevard nor will it negatively impact the City's LOS for water, wastewater or solid waste service as the current developed properties exceed allowable densities. Lastly, the proposed rezoning will not affect the need for open space and recreation or mass transit. Community Development 2008-09-16 34 ~ • The location of the proposed High Density Residential (HDR) zoning district boundaries is logical and consolidates these properties into the appropriate zoning district. The High Density Residential (HDR) District is compatible with the adjacent Open Space/Recreation (OS/R) and High Density Residential (HDR) zoning districts, as well as the proposed Medium Density Residential (MDR) District to the east. The district boundaries are appropriately drawn with regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Approval of this zoning atlas 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. An amendment of the zoning atlas from the Business (B) District to the High Density Residential (HDR} District for the subject site is requested. The property exceeds the minimum lot area and lot width requirements for attached dwellings. Surrounding uses include attached dwellings to the north and south, a City park and attached dwellings to the east and the Gulf of Mexico to the west. The proposed rezoning will be compatible with the existing neighborhood and is compatible with the existing future land use category and reflects the current uses on the properties. The proposed High Density Residential (HDR) District is consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on the above analysis, the Planning Department recommends approval to amend the zoning atlas designation of 1520, 1540 and 1560 Gulf Boulevard from the Business (B) District to the High Density Residential (!HDR) District. See page 54 for motion to recommend approval. 3. Case: REZ2008-05005 -1501 Gulf Boulevard Level Three Application (Continued from the meeting of June 77, 2008) Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 3.12 acres located on the west side of Gulf Boulevard approximately 800 feet north of Marina Del Rey Court. ' Atlas Page: 311 B. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the Medium Density Residential (MDR) District and the Preservation (P) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition and Sand Key Civic Association. Presenter: Michael Reynolds, AICP, Planner III. This rezoning application involves one 5.85-acre property known as the South Bay Condominium. The subject property is located on the east side of Gulf Boulevard approximately 800 feet north of Marina Del Rey Court. The property has a future land use plan category of Residential Medium (RM) and Preservation (P) and has been governed by a Settlement Community Development 2008-09-16 35 ~r • Stipulation. According to the Pinellas County Property Appraiser's website, a total of 64 attached dwellings occupy the site. The City of Clearwater is requesting to rezone the property to the Medium Density Residential (MDR) and Preservation (P) Districts from the Business (B) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by the United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (Case 78-4765-7) in the Circuit Court for Pinellas County. The resulting Settlement Stipulation has governed allowable uses and development potential on this property and three other sites on Sand Key since 1986; however, the property has been designated as Business (B) on the zoning atlas. The Settlement Stipulation govemed the intensities and densities on the subject property. The subject property is a portion of "Parcel I," as listed in the Settlement Stipulation. Section 10 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop an additional 80 residential dwelling units on Parcel I, or a total of one hundred forty-four (144) residential dwelling units. The development of Parcel I shall be in substantial accordance with any of the alternative schematic site plans prepared by Community Design Corp. and dated August 28, 1986, which are attached hereto as Exhibits "A-1"through "A-3" and hereby incorporated by reference. Plaintiffs shall not be restricted to utilizing the existing foundation for the construction of the additional eighty (80) units permitted pursuant to this Settlement Stipulation." Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. Pursuant to Florida State Statutes Chapter 163, the City's zoning atlas and land development code shall be consistent with the City's future land use map and Comprehensive Plan. The Business (B) District is not listed as a zoning district in the City's Future Land Use Element of the Comprehensive Plan; therefore it is not consistent with any future land use plan classification. The City needs to zone the property to be consistent with the City's Comprehensive Plan and Community Development Code, as well as the Countywide Rules; therefore the City is proposing to zone the subject property to the Medium Density Residential (MDR) and Preservation (P) Districts. Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.2 Policy -Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR -floor area ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or Community Development 2008-09-16 36 • • redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. The proposed Medium Density Residential (MDR) District is listed in the City's Future Land Use Element as consistent with the Residential Medium (RM) future land use plan category. The proposed Preservation (P) zoning district is listed in the City's Future Land Use Element as consistent with the Preservation (P) future land use plan designation. It should be noted that the underlying future land use plan designations of Residential Medium and Preservation permits a total of 48 units on this site while the property is developed with 64 units. The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed Medium Density Residential (MDR) and Preservation (P) zoning districts are consistent with the Residential Medium (RM) and Preservation (P) Plan categories; therefore the proposed rezoning is consistent with the Clearwater Comprehensive Plan and the proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies. As currently development (64 units), the site exceeds allowable density (48 units) by 16 units. Gulf Boulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape islands surrounding pedestrian crossings. The surrounding area, located south of Clearwater Pass Bridge, is characterized by high-rise attached dwellings, overnight accommodations and land devoted to recreational uses. The area has a mixture of residential plan categories that allow for 15 to 30 dwelling units per acre. Immediately to the north of the subject property is 1451 Gulf Boulevard, an attached dwelling use. This property is zoned Medium Density Residential (MDR) and Open Space/Recreation (OS/R) and has underlying future land use plan designations of Residential Medium (RM) and Preservation (P). The Residential Medium (RM} category permits 15 dwelling units per acre and the Preservation (P) category protects natural features and allows one unit per acre to be transferred to the abutting uplands. To the east is the Intracoastal Waterway. To the south of the subject property is Bay Park on Sand Key, a City owned park, which has a zoning designation of Business (B) and future land use plan designation of Residential Medium (RM) and Preservation (P). The City is processing a land use plan amendment and rezoning for this property to change the portion of the property designated Residential Medium (RM) to Recreation/Open Space (R/OS) and to rezone the entire property to Open Space/Recreation (OS/R) and Preservation (P) (see Case LUZ2008-05002). To the west are attached dwellings known as Ultimar I, II and III. This is another property party to the Settlement Stipulation and the City is also in the process of rezoning the Business (B) portion of these properties to High Density Residential (HDR) District (see Case REZ2008-05004). Section 2-301 of the Community Development Code, titled "Intent and purpose" states: The intent and purpose of the Medium Density Residential District ("MDR") is to protect and preserve the integrity and value of existing, stable residential Community Development 2008-09-16 37 ~ • neighborhoods of medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. Section 2-1501 of the Community Development Code, titled "Intent and purpose" states: It is the intent and purpose of the Preservation District to protect the waters, waterways and coastal wetlands of the Gulf of Mexico and Tampa Bay and noncoastal wetlands, environmentally sensitive palustrine, lacustrine, and riverine areas, natural and artificially made interior bodies of water and other submerged lands through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations. The proposed rezoning is compatible with the surrounding residential and recreation uses. The proposed Medium Density Residential (MDR) and Preservation (P) zoning districts will be in character with the surrounding properties and are consistent with the surrounding zoning. Furthermore, the existing use of the site is consistent with the proposed Medium Density Residential (MDR) and Preservation (P) zoning districts. As stated earlier, the subject property includes 5.85 acres but only 3.12 acres is designated as Residential Medium (RM) and is occupied by attached dwellings. Based on a maximum allowable density of 15 dwelling units per acre in this category and one unit per acre in the existing Preservation (P) category, a total of 48 units are permitted on this site. At present, 64 dwelling units occupy this property which exceeds the maximum allowable density by 16 units. Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 7'h Edition. The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South Gulfview Boulevard an LOS of A. The traffic analysis above compares the traffic generation based on the use permitted by the Settlement Stipulation, the existing use of the subject property, and the maximum development potential allowed by the proposed Medium Density Residential (MDR) and Preservation (P) Districts and underlying future land use plan designations of Residential Medium (RM) and Preservation (P). Based on the ITE Trip Generation Manual, an attached dwelling use developed at the maximum density (48 attached dwellings) could result in a decrease in the PM Peak to Gulf Boulevard as the developed site currently exceeds maximum permitted density by 16 units. The subject site is located along the Pinellas Suncoast Transit Authority's Beach Trolley route and headways are less than or equal to one hour. As no change is proposed to the underlying future land use designation, the proposed rezoning will not negatively impact the City's current LOS for water. Furthermore the developed site exceeds the density permitted by the underlying future land use plan category. The City Community Development 2008-09-16 38 • A has adequate capacity to continue to serve the existing development and any future redevelopment. As no change is proposed to the underlying future land use designation, the proposed rezoning will not negatively impact the City's current LOS for wastewater. Furthermore the developed site exceeds the density permitted by the underlying future land use plan category. The City has adequate capacity to continue to serve the existing development and any future redevelopment. As no change is proposed to the underlying future land use designation, the proposed rezoning will not negatively impact the City's current LOS for solid waste. Furthermore the developed site exceeds the density permitted by the underlying future land use plan category. The City has adequate capacity to continue to serve the existing development and any future redevelopment. As currently developed, the Settlement Stipulation governed all Recreation and Open Space impact fees. Based upon the findings of fact, it has been determined that the traffic generated by this rezoning will not impact the transportation LOS for Gulf Boulevard nor will it negatively impact the City's LOS for water, wastewater or solid waste service as the current developed property exceeds allowable density. Lastly, the proposed rezoning will not affect the need for open space and recreation or mass transit. The location of the proposed Medium Density Residential (MDR) and Preservation (P) District boundaries is logical and consolidates this property into the appropriate zoning districts. The proposed districts are compatible districts with the adjacent High Density Residential (HDR), Medium Density Residential (MDR) and Open Space/Residential (OS/R) zoning districts located to the immediate north, south and west. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Approval of this zoning atlas 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. An amendment of the zoning atlas from the Business (B} District to the Medium Density Residential (MDR) and Preservation (P) Districts for the subject property is requested. The property exceeds the minimum lot area and lot width requirements for attached dwellings. Surrounding uses include attached dwellings to the north and west and a City park to the south and the Intracoastal Waterway to the east. The proposed rezoning is compatible with the existing neighborhood and is compatible with the existing future land use categories and reflects the current use of the property. The proposed Medium Density Residential (MDR) and Preservation (P) Districts are consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of public services and the boundaries are appropriately drawn. Community Development 2008-09-16 39 ~ • Based on the above analysis, the Planning Department recommends approval to amend the zoning atlas designation of 1501 Gulf Boulevard from the Business (B) District to the Medium Density Residential (MDR) and Preservation (P) Districts. See page 54 for motion to recommend approval. 4. Case: LUZ2008-05002 -1551 Gulf Boulevard Level Three Application (Continued from the meeting of June ?7, 2008) Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 2.47 acres located on the east side of Gulf Boulevard approximately 200 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: Applications for: (1) Future Land Use Plan amendment approval to change from Residential Medium (RM) to Recreation/Open Space (R/OS); and (2) Zoning Atlas amendment approval to change from Business to Open Space/Recreation (OS/R) and Preservation (P) under the provisions of Section 4-602 and Section 4-603 of the Community Development Code. Existing Uses: Parks and recreation facility. Neighborhood Associations: Clearwater Neighborhoods Coalition and Sand Key Civic Association. Presenter: Michael Reynolds, AICP, Planner III. This future land use plan amendment and rezoning application involves property comprising approximately 3.87 acres in area and is known as Bay Park on Sand Key. It is located on the east side of Gulf Boulevard, approximately 200 feet north of Marina Del Rey Court. This property has future land use plan classifications of Residential Medium (RM) and Preservation (P) and a zoning designation of Business (B). The City is requesting to amend the future land use plan designation of the portion of the site designated Residential Medium (RM) (2.47 acres) to the Recreation/Open Space (R/OS) classification. It is also requesting to rezone the 2.47 acres to the Open Space/Recreation (OS/R) District and to rezone the remaining 1.4 acres of the site to the Preservation (P) District to correspond with the existing underlying Preservation (P) future land use plan category boundaries. This property, along with several others on Sand Key, was the subject of a lawsuit filed against the City of Clearwater by the United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (Case 78-4765-7) in the Circuit Court for Pinellas County) after the City dissolved the Business (B) District in 1972. The resulting Settlement Stipulation has governed allowable uses and development potential on the properties; however, the property has been designated as Business (B) on the zoning atlas. The Settlement Stipulation identified the subject site as a portion of Parcel I. The property adjacent to the north, the South Bay Condominiums (1501 Gulf Boulevard) comprised the remainder of Parcel I (see Case REZ2008-05005). Section 10 of the Stipulation specified that an additional 80 residential dwelling units could be developed on the Parcel I, or a total of 144 residential dwelling units. The Settlement Stipulation expired on October 17, 2006 and at that time the City became free to regulate the use of all properties involved in the lawsuit. The City is currently proposing to assign valid zoning designations to all four parcels governed by the Stipulation as Community Development 2008-09-16 40 ~ ~ the Business (B) District is not a specific zoning district identified in the Future Land Use Element of the Comprehensive Plan or in the Community Development Code. Pursuant to Florida Statutes Chapter 163, the City must bring consistency between the future land use plan and zoning atlas. In accordance with the Countywide Plan Rules, the 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 and the proposed future land use plan classification, review and approval by the Florida Department of Community Affairs is not required. Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.2.1 Policy -Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR -floor area ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. 27 Goal - To develop a system of open spaces, parks and recreation facilities which are designed for the maximum satisfaction of the recreational needs of Clearwater's residents and tourists. 27.4 Objective -Preserve natural open space areas which constitute aesthetic and/or ecological community assets. 27.4.3 Policy -Continue to designate appropriate land "Preservation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. The proposed future land use plan designation of Recreation/Open Space (R/OS) reflects the current use of the property and provides more protection for the park than the existing designation of Residential Medium (RM), which allows for residential development at 15 units per acre. The Recreation/Open Space (R/OS) designation furthers the City's policy of continuing to designate land for recreation/open space uses. The proposed plan amendment is therefore not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. The purpose of the proposed Recreation/Open Space (R/OS) category, as specified in Section 2.3.3.7.2 of the Countywide Rules, is to depict those areas of the County that are now used, or appropriate to be used, for open space and/or recreational purposes; and to recognize the significance of providing open space and recreational areas as part of the overall land use plan. The Recreation/Open Space (R/OS) category is generally appropriate to those public and private open spaces and recreational facilities dispersed throughout the County; and in Community Development 2008-09-16 41 recognition of the natural and man-made conditions which contribute to the active and passive open space character and recreation use of such locations. The property's prime waterfront location provides the public with access to man-made and natural amenities that provide active and passive recreational opportunities to the public. 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. Sand Key is a barrier island developed with a variety of residential and overnight accommodation uses. Large lush landscaped properties, high-rise condominiums towers, townhouses and resort hotels characterize this area of the City. A large County park is located on the northerly tip of the island, which provides a significant open space and public beach. Sand Key is generally characterized by four future land use plan categories. They include Resort Facilities High (RFH), Residential High (RH), Residential Medium (RM) and Recreation/Open Space (R/OS). The corresponding zoning districts are Tourist (T), High Density Residential (HDR), Medium Density Residential (MDR) and Open Space/Recreation (OS/R). The subject site is surrounded to the north, south and west by attached dwellings and planned for medium and high density residential uses. The proposed future land use plan and zoning designations are in character with the overall future land use plan and zoning designations found in the area. They are compatible with surrounding uses and complimentary with the character of the immediate surrounding area and neighborhood. As stated earlier, the overall subject site is approximately 3.87 acres in area and is occupied by a City park. The purpose of the proposed application is to protect and maintain the park and reflect its intended long-term use. The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed future land use plan categories and are included in the following table. Based on the 2007 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Gulf Boulevard from the Belleair Causeway to South Gulfview Boulevard has a LOS of A. The PM Peak trips generated by the proposed amendment would be substantially less than the trips generated by the current plan category. However, since the property is currently occupied by a park and will continue to operate as a park, there should be no change with regard to the traffic generated by the site and the current LOS will be maintained. The subject site is located along the Pinellas Suncoast Transit Authority's Beach Trolley route and headways are less than or equal to one hour. This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the property. The only water demand associated with the park use is generated by the drinking fountain and this is not proposed to change. Community Development 2008-09-16 42 • A In the event additional water is needed in the future, there is adequate water capacity to serve the property. This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the property. At present the site does not receive any wastewater service and that is not anticipated to change. In the event there is a need to provide service to the site in the future, there is sufficient wastewater capacity. This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the subject property. The City has adequate solid waste capacity to serve the subject property. The subject property is a parks and recreation use. Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment reduces the amount of potential traffic; however, since the property's use is not changing, the plan amendment will have no real impact on current traffic conditions on Gulf Boulevard. Further, there is no impact to water, wastewater, solid waste or mass transit service and open space will continue to be provided as a result of the amendment. The subject property is situated on Clearwater Harbor. The proposed land use plan amendment will recognize the recreational use of the property. The proposed zoning atlas amendment will further protect the environmentally sensitive land (Mangrove Forest and Exotic Forest Wetland) located on the east side of the property adjacent to the waterfront. Based upon the findings of fact, the proposed land use plan amendment and rezoning will greatly limit the uses allowed on this property and further protect the natural habitats located on the site. The proposed amendment and rezoning will not negatively impact coastal habitats, water quality, water quantity, or threaten any endangered species. The location of the proposed Open Space/Recreation District (OSR) and Preservation (P) District boundaries are consistent with the proposed underlying future land use plan boundaries of the subject site. The proposed zoning is compatible with the surrounding land uses and is consistent with the current use of the property. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. As indicated earlier, the subject site is 3.87 acres and is occupied by a public park. The Open Space/Recreation (OS/R) zoning district does not require a minimum lot area or lot width for parks and recreation facilities. The Preservation (P) District requires a minimum lot area of 10,000 and a lot width of 100 feet. The portion of the property proposed as Preservation (P) exceeds these minimum requirements. The proposed use of the subject site is consistent with the uses allowed in the Open Space/Recreation (OS/R) and Preservation (P) zoning districts and the site meets all applicable minimum requirements of the Code. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be Community Development 2008-09-16 43 ~~~,~ ~J met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. An amendment of the Future Land Use Plan from the Residential Medium (RM) category to the Recreation/Open Space (R/OS) category and a rezoning from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts is requested. The subject site is 3.87 acres and is surrounded by residential uses to the north, south, west and the Intracoastal Waterway to the east. The proposed future land use plan amendment and rezoning is compatible with the existing surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The proposed land use plan amendment and rezoning is consistent with the Countywide Plan and the City's Comprehensive Plan. Based on the above analysis, the Planning Department recommends approval of 1) The Future Land Use Plan amendment from the Residential Medium (RM) Classification to the Recreation/Open Space (R/OS) Classification, and 2) The rezoning from the Business (B) District to the Recreation/Open Space (R/OS) and Preservation (P) Districts. Please see page 54 for motion to recommend approval. 5. Case: FLD2008-07021 -1314 South Missouri Avenue Leve! Two Application Owner: George C. Harrison Realty Company Applicant: Dr. Kazi Hassan, President, Florida Pain Management, Inc. Representative: Dillon Alderman, Southeast Principal, The Waterfield Design Group, Inc. (4340 South Manhattan Avenue, Tampa, Florida 33611; phone: 813-839-5700; fax: 813-839-5774; e-mail: daldermanr~waterfielddesign.corn). Location: 1.1-acre parcel on the west side of Missouri Avenue, approximately 200 feet south of Lakeview Road. Atlas Page: 306A. Request: Flexible Development approval for a medical clinic within the Commercial (C) District with a lot area of 48,320 square-feet, a lot width of 512 feet, a building height of 25 feet, front (east) setbacks of 9.58 feet (to building) and 11 feet (to parking), side (north) setbacks of 149 feet (to building) and 10 feet (to parking), side (south) setbacks of 116 feet (to building) and 5.99 feet (to parking), rear (west) setbacks of 4.47 feet (to building) and 2.5 feet (to parking), with 47 off-street parking spaces as a Comprehensive Infill Redevelopment Project as per Community Development Code Section 2-704.C. Proposed Use: Medical Clinic. Neighbofiood Associations: South Clearwater Citizens for Progress and Clearwater Neighborhoods Coalition. Presenter: Robert G. Tefft, Development Review Manager. The 1.1-acre subject property is located on the west side of Missouri Avenue, approximately 200 feet south of Lakeview Road. The property is zoned Commercial (C) District with an underlying Future Land Use Plan designation of Commercial General (CG). The property presently consists of a vacant 25,569 square-foot building that was most recently occupied by Thomasville Furniture, a 25-space off-street parking lot on the south side of the building, six (6) parking spaces at the southeast comer of the building that back-out on to Missouri Avenue, and substantial excess asphalt between the building and Missouri Avenue. It is noted that both the existing building and the off-street parking lot are nonconforming with regard to setbacks. Additionally, the off-street parking lot does not meet current design Community Development 2008-09-16 44 • • standards (i.e. minimum drive-aisle and parking spaces dimensions) and the back-out parking is not permissible with commercial uses. On July 2, 2008, a Comprehensive Infill Redevelopment Project application was submitted for the subject property. Under the development proposal a 9,195 square foot portion of the existing building will be demolished to make way fora 22-space off-street parking lot at the north end of the property. In addition, the existing 25-space off-street parking lot at the south end of the property will be reconfigured to meet current design standards, and the existing back-out parking and excess pavement along the east side of the building will be replaced by landscaping. The request had been made as a Comprehensive Infill Redevelopment Project as the proposed Medical Clinic use is only specifically authorized within the Commercial (C) District as a Flexible Standard Development (FLS) use with no flexibility in required setbacks and reduced setbacks to the building and pavement have been requested. The development proposal's compliance with the various development standards of the Community Development Code (CDC) is discussed below. Pursuant to CDC Section 2-701.1, within the CG Future Land Use Plan category, the maximum allowable F.A.R. is 0.55; therefore the 1.11-acre parcel is permitted a maximum of 26,576 square feet of gross floor area. The development proposal is for only 16,374 square feet (0.34 FAR); thus the proposal is in compliance with the above requirement. Pursuant to CDC Section 2-701.1, within the CG Future Land Use Plan category, the maximum allowable I.S.R. is 0.95. As proposed, the development will have an I.S.R. of 0.72 and therefore meets the above requirement. Pursuant to CDC Section 2-704, there is no applicable minimum lot area or lot width for Comprehensive Infill Redevelopment Projects. However, as a Flexible Standard Development (FLS) use, medical clinics are required a minimum lot area and lot width of 10,000 square feet and 100 feet, respectively. The subject property has a lot area of 48,320 square feet and a lot width of 512 feet, which are both far in excess of those requirements. Pursuant to CDC Section 2-704, there is no applicable maximum building height for Comprehensive Infill Redevelopment Projects. However, as a Flexible Standard Development (FLS) use, medical clinics are permitted a height of 25 feet. The development proposes a building height of 25 feet from the average existing grade, which meets the aforementioned standard for medical clinics. Pursuant to CDC Section 2-704, within the C District, there are no applicable minimum setbacks for Comprehensive Infill Redevelopment Projects. However, the medical clinic use has a minimum required front setback of 25 feet, a side setback of 10 feet and a rear setback of 20 feet, which is typical for most development within the C District. The existing building is generally not compliant with the above requirements. The building has only a 10-foot setback from the east (front) property line, a 4.24-foot setback from the north (side) property line and 4.47-foot setback from the west (rear) property line. However the setback from the south (side) property line is 116.56 feet, which is well in excess of requirements. This south setback will be retained with the proposal as will the west setback. Community Development 2008-09-16 45 s The east setback will be lessened slightly to 9.58 feet for a revised covered entry, and the north setback will be increased to 149 feet as a result of demolishing a large portion of the building. With regard to setbacks to pavement/parking, the majority of the property as it exists has been paved without the provision of any setback. The development proposal will modify this providing a setback between 11 and 15 feet along the east property line, a 10-foot setback along the north property line, a setback of just less than 6 feet along the south property line, and a 2.5-foot setback along the west property line. While the west setback sounds insignificant, it must be understood that this distance is for only a 72-foot segment of the total property, and that for the majority of the property pavement will be set back at least 12 feet. Pursuant to CDC Section 2-704, Comprehensive Infill Redevelopment Projects shall have their minimum off-street parking requirement determined by the Community Development Coordinator based on the specific use and/or ITE Manual standards. The development proposal would establish a total of 47 off-street parking spaces for the 16,374 square foot medical clinic, which is a rate of 2.87 spaces per 1,000 square=feet of gross floor area. Typically, medical clinic uses within the C District are required to provide off-street parking at a rate of three spaces per 1,000 square-feet, which in this instance would be the provision of 49 off-street parking spaces -only two more than presently proposed. In its most recent use as a retail sales and services business (Thomasville Furniture), the subject property was substantially nonconforming with regard to the provision of off-street parking. As•it exists the building is 25,569 square-feet, which at the required rate of five spaces per 1,000 square- feet, would require 128 off-street parking spaces. The site, as striped, has 31 parking spaces; however the overwhelming majority of these do not meet current design standards with regard to dimensions or they back into the adjacent Missouri Avenue right-of-way. Thus, there is a substantial nonconformity with regard to off-street parking for a retail sales and services use on the subject property. With this proposal this use of the property will be changed to a use with a less intense off-street parking requirement, a considerable portion of the existing building (9,195 square-feet) will be demolished, the nonconforming back-out parking spaces will be eliminated, the existing 25-space off-street parking lot (south side of property) will be brought into compliance with current design standards, and a new 23-space off-street parking lot will be constructed on the north side of the property. This development proposal represents a substantial improvement upon the properties current situation and is most likely the best opportunity to obtain quality redevelopment of this property. As noted previously, the development proposal is short two off-street parking spaces from achieving a parking requirement of three spaces per 1,000 square-feet. However, in order to provide these off-street parking spaces enough of the building would have to be demolished that the parking spaces would no longer be required. As such, and given the improvements already being proposed, it has been determined that the development proposal meets is off- street parking requirement. Pursuant to CDC Section 3-911, all utilities, including individual distribution lines, shall be installed underground unless such undergrounding is not practicable. It is attached as a condition of approval that prior to the issuance of certificate of occupancy all on-site utility facilities, whether they be existing or proposed, are to be placed underground as part of the redevelopment of the site. Community Development 2008-09-16 46 • A The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of August 7,2008, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB). Findings of Fact. The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1) That the 1.11 acre subject property is located on the west side of Missouri Avenue, approximately 200 feet south of Lakeview Road; 2) That the subject property is located within the Commercial (C) District and the Commercial General (CG) Future Land Use Plan category and will consist of a 16,374 square foot medical clinic and associated off-street parking lots and solid waste facility; 3) That the existing building and off-street parking lot encroach into the required setbacks for the Commercial (C) District, and the proposed modifications will substantially reduce these existing nonconformities; and 4) That the prior retail sales and service use of the property did not meet the minimum off-street parking requirement, and that the proposed modifications and change of use will bring the site into compliance with off-street parking requirements. Conclusions of Law. The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1) That the development proposal has been found to be in compliance with the Maximum Development Potential standards as per CDC Section 2- 701.1; 2) That the development proposal has been found to be in compliance with the applicable Standards and Criteria as per CDC Section 2-704; 3) That the development proposal has been found to be in compliance with the Flexibility criteria for a Comprehensive Infill Redevelopment Project as per CDC Section 2-704.C; and 4) That the development proposal has been found to be in compliance with the General Standards for Level Two Approvals as per CDC Section 3-913.A. Based upon the above, the Planning Department recommends approval of the Flexible Development application for a medical clinic within the Commercial (C) District with a lot area of 48,320 square-feet, a lot width of 512 feet, a building height of 25 feet, front (east) setbacks of 9.58 feet (to building) and 11 feet (to parking), side (north) setbacks of 149 feet (to building) and 10 feet (to parking), side (south) setbacks of 116 feet (to building) and 5.99 feet (to parking), rear (west) setbacks of 4.47 feet (to building) and 2.5 feet (to parking), with 47 off-street parking spaces as a Comprehensive Infill Redevelopment Project as per Community Development Code Section 2-704.C with the following conditions: Conditions of Approval: 1) That prior to the issuance of any building permits, any outstanding comments of the Engineering Department shall be addressed; 2) That prior to issuance of the first Certificate of Occupancy, all on-site utility facilities, whether they be existing or proposed, are to be placed underground as part of the redevelopment of the site; 3) That any/all wireless communication facilities to be installed concurrent with or subsequent to the constnaction of the subject development must be screened from view and/or painted to match the building to which they are attached, as applicable; 4) That any/all future signage must meet the requirements of Code and be architecturally integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a) All signs fully dimensioned and coordinated in terms of including the same color and font style and size, and b) All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; and 5) That the final design and color of the building shall be consistent with the architectural elevations submitted to (or as modified by) the CDB, and be approved by Staff. Community Development 2008-09-16 47 ~ ~ Please see page 54 for motion to approve. 6. Case: FLD2008-08028 -1640 N. Arcturas Avenue Level Two Application Owner/Applicant: City of Clearwater. Representative: Phuong Vo, Engineering Department, City of Clearwater (100 S. Myrtle Avenue, Clearwater, Florida 33756; phone: 727-562-4752;. a-mail: phuong.vo myclearwater.com). Location: 6.90-acre parcel on the west side of the intersection of North Arcturas Avenue and Sherwood Street. Atlas Page: 271A. Request: Flexible Development approval for a public facility use within the Institutional (I) District with a lot area of 300,564 square feet, a lot width of 1,075 feet, a maximum building height of 50 feet, front (east) setbacks of 16 feet (to building) and 20 feet (to pavement), side (north) setback of 1,496 feet (to building), side (south) setbacks of 2,553 feet (to building) and 2,411 feet (to pavement), and rear (west) setbacks of 2,260 feet (to building) and 2,060 feet (to pavement), with 37 off-street parking spaces as a Comprehensive Infill Redevelopment Project as per Community Development Code Section 2-1204.A; as well as a waiver to the interior landscaping requirements, and a partial waiver to the perimeter landscaping requirements where the existing landscape materials would be determined to be an acceptable perimeter buffer, as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Public Facility. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. The 6.90 acres is a triangular shaped parcel with approximately 1,075 feet of frontage on the west side of North Arcturas Avenue. Both Carroll Street and Sherwood Street intersect the parcel on North Arcturas Avenue. The property is currently developed with a public facility (storage and transfer station). Located on the site are various pieces of heavy equipment, piles of gravel, shell, asphalt and sand. A dense landscape buffer of oleander and wax myrtle exists on the Arcturas Avenue frontage. The Clearwater Airpark is both to the west and south of the subject property. To the east there is a variety of industrial uses. Just to the north is the City Public Works facility. The 6.90 acres is part of a 62.74-acre site. The proposal is to redevelop the site with Department of Environmental Protection code compliant refuse bins and site upgrades. The proposal includes three phases. The first phase includes a 35-foot wide asphalt drive west of the proposed storage and transfer bins. The four bins proposed in phase one include a sanitary grit bin, a wash down bin, a street sweep and street inlet debris bin and astorm-water grit bin. Phase two includes seven bins and a concrete silo. Phase two bins will be utilized as a lime-rock bin, a broken asphalt bin, a broken concrete bin, a shell bin, a concrete sand bin, a concrete aggregate bin and a concrete pea gravel bin. The final phase includes a scale house, restroom facility and a 12,750 square foot, open sided, covered structure for small equipment storage. A total of 37 oversized parking spaces will be constructed for City work vehicles only. While the public facility use is not permitted in the Industrial (I) category, it is permitted in the underlying future land use plan category of Transportation/Utilities (T/U); thus the processing of this application as a Comprehensive Infill Redevelopment Project. Pursuant to Community Development Code (CDC) Section 2-1201.1, the maximum F.A.R. for properties with a future land use designation of Transportation/Utility (T/U) is 0.70. The site proposes a 12,750 square foot covered structure for small equipment and bins totaling 23,750 square-feet, resulting in a floor area ratio of 0.012. Based upon the above, the Community Development 2008-09-16 48 • A development proposal is consistent with the Countywide Future Land Use Plan with regard to the maximum allowable F.A.R. Pursuant to CDC Section 2-1201.1, the maximum allowable I.S.R. is 0.90. The overall proposed I.S.R. is 0.58, which is consistent with the Code provisions. Pursuant to CDC Section 2-1204, there is no applicable minimum lot area or lot width for Comprehensive Infill Redevelopment projects. Further, the public facility use does not have specifically authorized development standards within the Industrial (I) district. However, within the Industrial, Research and Technology (IRT) district, CDC Section 2-1303, there are development standards for the public facility use. Those standards set forth a minimum lot area of 10,000 square foot and a minimum lot width of 100 feet. The subject property is 300,564 square feet in area and has a width of 1,075 feet both of which are far in excess of the typical requirements for the use. Pursuant to CDC Section 2-1204, there are no applicable front, rear and side setbacks for Comprehensive Infill Redevelopment projects. The proposal includes setbacks to buildings to include a front (east) setback of 16 feet (to covered bins), a side (north) setback of 1,496 feet (to building), a side (south) setback of 2,553 feet (to building) and a rear (west) setback of 2,260 feet (to building). The front setback of 16 feet (to covered bins) currently exists on the site and is consistent with code provisions. Additionally, setbacks to pavement include a front (east) setback of 20 feet (to pavement), a side (south) setback 2,411 feet (to pavement} and a rear (west) setback of 2,060 feet (to pavement). The front (east) setback of 20 feet (to pavement) also currently exists and is consistent with code provisions. Finally, the current site with the above setbacks has a heavily landscaped buffer on Arcturas Avenue. Both side and rear setbacks are clearly not an issue. The proposed parking for City work vehicles will be located north of the proposed covered structure. These spaces will be oversized measuring 10 feet by 20 feet. The spaces near the east property line will be adequately buffered with existing dense vegetation. Pursuant to CDC Section 2-1204, there is no applicable maximum building height for Comprehensive Infill Redevelopment projects. The proposed bins will be eight feet to the midpoint of the roof covering and 30 feet to the top of the proposed roof on the open sided building thus consistent with this code provision. It is noted that while this request was advertised with a height of 50 feet, it is not anticipated that any of the proposed buildings will exceed 30 feet. The advertisement of 50 feet was due to the fact that the proposed small equipment storage building has not been designed as yet and the maximum height typically allowed for the public facility use is 50 feet. In this way the building will be able to be designed to meet its needs and further review will not be necessary. Pursuant to CDC Section 3-904.A, to minimize hazards at driveway intersections with Arcturas Avenue, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposed site and landscape design meet this requirement. Pursuant to CDC Section 3-911, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. The site plan for this proposal indicates that all on-site electric and communication lines for this project will be placed underground in conformance with this Code requirement. Community Development 2008-09-16 49 ~ ~ Pursuant to CDC Section 3-1202.D.1, this site is required a 15-foot wide landscape buffer along North Arcturas Avenue. The current heavily landscaped buffer on North Arcturas Avenue meets this requirement. The applicant is requesting both a waiver to the interior landscaping requirements, and a waiver to the side and rear perimeter landscaping requirements. Staff supports this request, as it would be fruitless to require buffers and interior landscaping in the center of a heavily used storage and transfer yard. All solid waste for this site is taken off-site to City Public Works facilities. This has been found to be acceptable by the City's Solid Waste Department. No specific signage is proposed at this time. The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of August 2, 2007, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1) The 6.90 acres is located on the west side of North Arcturas Avenue, both Carroll Street and Sherwood Street intersect the parcel on North Arcturas Avenue; 2) The property is currently developed with a public facility (storage and transfer station); 3) The proposal is to redevelop the site with Department of Environmental Protection code compliant refuse bins and site upgrades; 4) A total of 37 oversized parking spaces will be constructed; 5) The proposal includes a lot area of 300,564 square feet, a lot width of 1,075 feet, a maximum building height of 50 feet, front (east) setbacks of 16 feet (to building) and 20 feet (to pavement), side (north) setback of 1,496 feet (to building), side (south) setbacks of 2,553 feet (to building) and 2,411 feet (to pavement), and rear (west) setbacks of 2,260 feet (to building) and 2,060 feet (to pavement) as well as a waiver to the interior landscaping requirements, and a partial waiver to the perimeter landscaping requirements where the existing landscape materials would be determined to be an acceptable perimeter buffer; 6) The front (east) setbacks from Arcturas Avenue of 16 feet (to building) and 20 feet (to pavement) reflect existing conditions; 7) The proposed transfer bins will be eight feet in height and the proposed open sided structure will be 30 feet in height to the top of the roof; and 8) There are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1) That the development proposal is consistent with the Maximum Development Potential Standards as per CDC Section 2-1201.1; 2) That the development proposal is consistent with the applicable Standards and Criteria as per CDC Section 2-1204; 3) That the development proposal is consistent with the Flexibility criteria as per CDC Section 2- 1204.A; and 4) That the development proposal is consistent with the General Standards for Level Two Approvals as per CDC Section 3-913. Based upon the above, the Planning Department recommends approval of the Flexible Development application for a public facility use within the Institutional (I) District with a lot area of 300,564 square feet, a lot width of 1,075 feet, a maximum building height of 50 feet, front (east) setbacks of 16 feet (to building} and 20 feet (to pavement), side (north) setback of 1,496 feet (to building), side (south) setbacks of 2,553 feet (to building) and 2,411 feet (to pavement), and rear (west) setbacks of 2,260 feet (to building) and 2,060 feet (to pavement), with 37 off- street parking spaces as a Comprehensive Infill Redevelopment Project as per Community Development Code Section 2-1204.A; as well as a waiver to the interior landscaping requirements, and a partial waiver to the perimeter landscaping requirements where the existing Community Development 2008-09-16 50 • w landscape materials would be determined to be an acceptable perimeter buffer, as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. with the following conditions: .Conditions of Approval: 1) That the final design of the proposed transfer/storage bins and covered building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That the existing landscape buffer on Arcturas Avenue be maintained in perpetuity; and 3) That prior to the issuance of any building permits, the plans are revised to indicate underground utilities and communication lines for the proposal will be relocated underground. Please see page 54 for motion to approve. 7. Level Three Application Case: TA2008-07004 -Amendments to the Community Development Code Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code to allow for a reduced off-street parking requirement for changes of use within the Downtown (D) District where there are no existing off-street parking spaces or available land for their construction. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Robert G. Tefft, Development Review Manager. Following the completion of the Cleveland Street Streetscape Project, there has been a greater interest in occupying existing buildings and tenant spaces on Cleveland Street. However, much of this interest has involved occupying the buildings and tenant spaces with uses that are different from those previously established. As many of the building/properties in this area have limited off-street parking or no off-street parking whatsoever, an issue has arisen as to how conversions from office and retail uses to more parking intense uses such as restaurants can occur. In response to this issue, the Planning Department has proposed an amendment to the Community Development Code that would allow for a reduced parking requirement when dealing with changes of use where there are no existing parking spaces or available land for their construction. The proposed amendment would apply only to the Downtown (D) District, and more specifically only to those properties that have frontage on that portion of Cleveland Street located between Osceola Avenue and Martin Luther King, Jr. Avenue. The amendment will add a footnote to the existing Tables 2-902 and 2-903 within the Community Development Code (CDC). The footnote would read as follows: For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Martin Luther King, Jr. Avenue that have no existing off-street parking spaces, nor the ability to provide any off-street parking spaces, the use(s) of the buildings/properties maybe changed without the off-street parking that would otherwise be required for the change of use being provided. The proposed Ordinance 7999-08 includes each of the amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing c~ri4ciV~r~~ ~nhc indicate deletions. CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: Community Development 2008-09-16 51 ~ • 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal, which will be furthered by the proposed amendments to the CDC: Goal 2 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighbofiood preservation, redevelop blighted areas, and encourage infill development. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: ^ Allowing property owners to enhance the value of their property through innovative and creative redevelopment (CDC Section 1-103.8.1). ^ Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties (CDC Section 1- 103.8.2). ^ Protect the character and the social and economic stability of all parts of the City through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the City (CDC Section 1-103.E.1). The above referenced goal of the Comprehensive Plan and purposes of the Community Development Code will be furthered, as the proposed amendment will establish additional flexibility within the Code that will allow for the reoccupation of properties/buildings by new users, which will allow for property owners to rent/lease there buildings/properties more easily and quickly, which in turn protects the economic stability of the Downtown and the preservation of the historic building pattern along Cleveland Street. At its meeting of September 3, 2008, the DDB reviewed the proposed ordinance and recommended it be approved. In addition, the Board suggested that the geographic area could be enlarged to cover other areas of the downtown with similar constraints. While such an enlargement has not been analyzed, it would be possible to expand the area at a later date. The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning Department recommends approval of Ordinance 7999-08 that amends the Community Development Code. See page 55 for motion to recommend approval. 8. Case: FLD2006-06034 - 622 Lembo Circle. Owner: Canterbury, LLC. Community Development 2008-09-16 52 • w Representative: Renee Ruggiero, Northside Engineering (P.O. Box 4948, Clearwater, FL 33758; phone: 727-443-2869; fax: 727-446-8036). Location: 0.39 acre located on the west side of Lembo Circle, approximately 180 feet west of Lincoln Avenue. Atlas Page: 2966. Zoning District: Medium High Density Residential (MHDR) District. Request: Extend the timeframe of the Development Order. Proposed Use: Attached Dwellings. Presenter: A. Scott Kurleman, Planner III. Northside Engineering Services, Incorporated, requests an extension of time relative to the above referenced project located at 622 Lembo Circle. A one-year extension is being requested which would expire on October 17, 2009. Pursuant to Community Development Code (CDC) Section 4-407, extensions of time "shall be for good cause shown and documented in writing." The Code further delineates that good cause "may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like." In this particular case, the applicant has indicated that the project is being delayed due to a significant downturn in the condominium/town-home market. Community Development 2008-09-16 53 ~ • It should be noted that, pursuant to CDC Section 4-407, the Planning Director has previously granted aone-year extension of time. Member Coates moved to approve Cases FLD2008-07021, FLD2008-08028, and FLD2006-06034, and recommend approval of Cases REZ2008-05003, REZ2008-05004, REZ2008-05005, LUZ2008-05002, and TA2008-07004 on today's Consent Agenda, based on evidence in the record, including the applications and the Staff reports, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff reports, with Conditions of Approval as listed. The motion was duly seconded and carried unanimously. G. ADJOURNMENT The meeting adjourned at 6:07 p.m. i~L2:~~'G'Yo Ch ' ,Community Development Board Attest: Board Reporter Community Development 2008-09-16 54 • ~7 °_ Clearwater U Going Green with /ess paperwork TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager SUBJECT: Agenda Items for September 16, 2008 DATE: September 11, 2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting August 19, 2008 Site investigation and packet listina? CONTINUED ITEMS (Items 1- 5): 1. ,~ Case: REZ2008-OS003 -1170, 1180, 1200 and 1226 Gulf Boulevard Yes no 2. tease: REZ2008-OS004 -1520, 1540 and 1560 Gulf Boulevard \/ Yes no 3. Case: REZ2008-OSOOS - 1 SO1 Gulf Boulevard Yes no 4. /Case: LUZ2008-OS002- 1SS1 Gulf Boulevard c/ Yes no 5. ~ase: FLD2008-02002 -1 S 90 Gulf Boulevard Yes no LEVEL TWO APPLICATIONS (Items 1-2): 1. Case: FLD2008-OS012 - 28SS Gulf to Bay Boulevard (PULLED FROM AGENDA DUE TO ADVERTISING ERR Yes no 2. /Case: FLD2008-07021-13 14 South Missouri Avenue ~/~Yes no 3. 1 Case: FLD2008-08028 -1640 N. Arcturas Avenue Yes no S: lP/nnning Depnrtmentl C D BlAgendns DRC & CDBI CDBI2008109 September 16, 2008V l Cover MM 09.16.2008.doc ~ ~ THREE APPLICATIONS (Items l-2) Case: TA2008-07004 -Amendments to the Community Development Code 2. Case: REZ2008-070 - 2855 Gulf to Bay Boulevard (REQUEST TO CONTINUE UNTIL CASE FLD2008- 012 IS HEARD) Yes No Director's Item (Item 1) 1. Time Extension - FLD2006-06034 - 622 Lembo Circle Yes No S: lPlnnning Depnrtmentl C D BlAgendas DRC & CDBICDB12008109 September l6, 20081! Cover MM 09.I tS.2008.doc ~_-._ Clearwater Going Green with less paperwork TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager SUBJECT: Agenda Items for September 16, 2008 DATE: September 11, 2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting August 19, 2008 Site investigation and packet listing CONTINUED ITEMS (Items 2 - 5): 1. Case: REZ2008-05003 - 1170, 1180, 1200 and 1226 Gulf Boulevard i/ Yes no 2. Case: REZ2008-05004 - 1520, 1540 and 1560 Gulf Boulevard t~ Yes no 3. /Case: REZ2008-05005 - 1501 Gulf Boulevard (/ Yes no 4. /Case: LUZ2008-05002 - 1551 Gulf Boulevard ~/' Yes no 5. /Case: FLD2008-02002 - 1590 Gulf Boulevard l/ Yes no LEVEL TWO APPLICATIONS (Items 1-2): ' 1. Case: FLD2008-05012 - 2855 Gulf to Bay Boulevard (PULLED FROM AGENDA DUE TO ADVERTISING ERROR) Yes ~~ no 2. /Case: FLD2008-07021 1314 uth Missouri Avenue i/ Yes no 3. /Case: FLD2008-08028 -1640 N. Arcturas Avenue l/ Yes no S: IPlnnnrng DepartmentlC D BUgenAns DRC & CDBICDBI2008109 September 16, 200811 Cover MM 09.16.2008.doc ~~yi` THREE APPLICATIONS (Items 1-2) 1. Case: TA2008-07004 -Amendments to the Community Development Code 2. Case: REZ2008-07007 - 2855 Gulf to Bay Boulevard (REQUEST TO CONTINUE UNTIL~CASE FLD2008-05012 IS HEARD) ,~ Yes No Director's Item (Item 1) 1. Time Extension -/FLD2006-06034 - 622 Lembo Circle Yes / No I have conducted a er nal inve anon on the ersonal site visit to the ollowin ro Signature: ~ Date• (~ t~'- ~~r~ L .JA-~-~.- PRINTNAME S: IPlnnning DepnrtmentlC D BlAgenttas DRC & CDBICDB12008109 September l6, 200811 Cover MM 09.16.2008.doc w Clearwater Going Green with less paperwork TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager SUBJECT: Agenda Items for September 16, 2008 DATE: September 11, 2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting August 19, 2008 Site investigation and packet listing CONTINUED ITEMS (Items 1 - 5): 1. base: REZ2008-05003 -1 170, 1180, 1200 and 1226 Gulf Boulevard ,~/Yes no 2. fdase: REZ2008-05004 - 1520, 1540 and 1560 Gulf Boulevard Yes no 3. /Case: REZ2008-05005 - 1501 Gulf Boulevard ~/ Yes no 4. /~ase: LUZ2008-05002 -155 1 Gulf Boulevard - Yes no 5. /Case: FLD2008-02002 -1590 Gulf Boulevard 1/ Yes no LEVEL TWO APPLICATIONS (Items 1-2): 1. Case: FLD2008-05012 - 2855 Gulf to Bay Boulevard (PULLED FROM AGENDA DUE TO Ai~JERTISING ERROR) Yes no 2. Case: FLD2008-07021- 1314 South Missouri Avenue _~Yes no 3. Case: FLD2008-08028 -1640 N. Arcturas Avenue Yes no S: (Planning DepnnmentlC D BlAgendas DRC & CDBI CDBI2008109 September 16.100811 Cover MM 09.1 t%2008.doc -- f~ ~ THREE APPLICATIONS (Items 1-2) i. Case: TA2008-07004 -Amendments to the Community Development Code 2. ase: REZ2008-07007 - 2855 Gulf to Bay Boulevard (REQUEST TO CONTINUE UNT ASE FLD2008-05012 IS HEARD) Yes No Director's Item (Item 1) 1. Time Extension -/FLD2006-06034 - 622 Lembo Circle Yes / No I have conducted a rsonal investi anon o the oval site visit to the ollow/in roG Signature- Date: ~ C> ~ O aV~CI`f ~C~S ~~(TS~ PRINT NAME S: IPlnnning DepartmentlCD BlAgenrlns DRC & CDBICDB11008109 September !6. 10081/ Cover MM 09.l6.2008.doc • COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 17, 2008 Present: Nicholas C. Fritsch Thomas Coates Dana K. Tallman Jordan Behar Doreen DiPolito Richard Adelson Norma R. Carlough Absent: Also Present: Frank L. Dame Gina Grimes Leslie Dougall-Sides Michael L. Delk Gina Clayton Patricia O. Sullivan Chair Vice Chair Board Member Board Member Board Member Board Member Acting Board Member Board Member Attomey for the Board Assistant City Attorney Planning Director Assistant Planning Director Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: May 20, 2008 Member Behar moved to approve the minutes of the regular meeting of May 20, 2008; as submitted in written summation to each member. The motion was duly seconded and carried unanimously. D. REQUESTS FOR CONTINUANCE: (Items 1 - 4) 1. Case: REZ2008-05003 -1170, 1180, 1200 and 1226 Gulf Blvd. Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 15.03 (mol) acres located on the northwest side of Gulf Boulevard approximately 2,280 feet south of the Clearwater Pass Bridge. Atlas Page: 294A. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the High Density Residential (HDR) District and the Preservation (P) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Catherine Porter, AICP, Long Range Planning Manger. Community Development 2008-06-17 ~;•' AND L' J 2. Case: REZ2008-05004 - 1520, 1540 and 1560 Gulf Blvd. Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 7.7 acres located on the west side of Gulf Boulevard approximately 180 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the High Density Residential (HDR) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Michael H. Reynolds, AICP, Planner III. AND 3. Case: REZ2008-05005 - 1501 Gulf Boulevard Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 5.86 acres located on the west side of Gulf Boulevard approximately 800 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the Medium Density Residential (MDR) District and the Preservation (P) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763): and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Michael H. Reynolds, AICP, Planner III. AND Community Development 2008-06-17 2 • • 4. Case: LUZ2008-05002 -1551 Gulf Boulevard Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 3.59 acres located on the east side of Gulf Boulevard approximately 200 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: (a) Future Land Use Plan amendment approval to change from Residential Medium (RM) to Recreation/Open Space (R/OS); and (b) Zoning Atlas amendment approval to change from Business to Open Space/Recreation (OS/R) and Preservation (P) under the provisions of Community Development Code Sections 4- 602 and 4-603. Existing Uses: Parks and recreation facility. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Gina Clayton, Assistant Planning Director. Staff requested that Cases REZ2008-05003, REZ2008-05004, REZ2008-05005, and LUZ2008-05002 be continued due to discrepancies in the legal descriptions. Member Coates moved to continue Cases REZ2008-05003, REZ2008-05004, REZ2008-05005, and LUZ2008-05002 to July 15, 2008. The motion was duly seconded and carried unanimously. E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1 - 3) 1. Case: FLD2008-04011 - 301 S. Main Avenue Level Two Application Owner/Applicant: Ruckus Investments, LC. Representative: Keith Rucker, Ruckus Investments, LC (2066 %2 Gulf-to-Bay Boulevard, Clearwater, FL 33765; phone: 727-461-2091; fax: 727-446-4882; email: KR1276@aol.com). Location: 0.821 acre located at the southeast comer of S. Main Ave. and Rainbow Drive Atlas Page: 2898. Zoning: Commercial (C) District. Request: Flexible Development approval to permit (1) a 6,000 square-foot building for retail sales and service use (lawn mower and other power equipment sales and repair) and (2) a 2,008 square-foot outdoor retail sales, display or storage use (in conjunction with and adjacent to the east side of the proposed building) in the Commercial (C) District with a reduction to the side (south) setback from 10 to 5.1 feet (to building and pavement), a reduction to the side (east) setback from 10 feet to 5.1 feet (to pavement), a reduction to required parking from five spaces per 1,000 square-feet (40 spaces) to 2.87 spaces per 1,000 square-feet (23 spaces) and a deviation to allow the outdoor storage of power equipment within the side (south) setback, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C. Proposed Use: Retail sales and service use (lawn mower and other power equipment sales and repair). Community Development 2008-06-17 3 Neighborhood Association: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763). Presenter: Wayne M. Wells, AICP, Planner III. The 0.821-acre is located at the southeast comer of S. Main Avenue and Rainbow Drive. The property currently is vacant, undeveloped land. The applicant currently has its retail sales and service establishment at 2066 %2 Gulf-to-Bay Boulevard, on the east side of S. Mercury Avenue (a few blocks west of the subject property). Offices and the Post Office are located to the north across Rainbow Drive within property zoned Office (O) and Institutional (I) Districts respectively. Offices are located to the east within the Commercial (C) District. Retail sales and service uses are located to the south (Albertsons) and west across S. Main Avenue (Sears Essentials) within property zoned Commercial (C) District. The proposal is to develop the site with a new, one-story, 6,000 square-foot retail sales and service building for the sales and service of lawn mowers and other power equipment. The proposed building will be located on the south central portion of the site. The applicant has oriented the primary entrance to the retail sales showroom toward S. Main Avenue due to the amount of traffic this roadway generates. There will be secondary showroom and service entrances on the north side of the building. Two overhead doors for the delivery of new equipment and for the loading and off-loading of lawn mowers that need service or have been serviced are located on the east end of the north side of the building. Two overhead doors also are located on the east side of the south side of the building for ventilation purposes in the service area. The applicant also is proposing a 2,008 square-foot outdoor storage area on the east side of the building for the storage of lawn equipment needing to be serviced. This outdoor storage area is designed with an eight-foot high, ornamental rail fencing between columns, with opaque fabric on the inside of the fence to screen views of the stored equipment. Two overhead doors on the east side of the building provide access to this outdoor storage area and provide for ventilation of the service area. The approximately 17.5-foot tall building (to the midpoint of the pitched roof) will be constructed with asand-colored split-face concrete block on the north and west sides and regular, painted concrete block on the east and south sides. The metal roof and awnings will be an evergreen color and a stucco band above the awnings is proposed a dark beige color. A 23- space parking lot, complying with Code design requirements, will be constructed on the west and north sides of the building. A driveway on S. Main Avenue provides access to this site lined up with the drive aisle on the north side of the building. A driveway approximately midpoint on Rainbow Drive also provides site access on the north side of the property. The site design locates retention areas along the north and west sides of the property, where the proposed parking lot meets and exceeds required setbacks. FAR (Floor Area Ratio}: Pursuant to the Section 2-701.1, the maximum FAR for properties with a designation of Commercial General (CG) land use is 0.55. Based on the proposed floor area of 6,000 square-feet, the proposed FAR is 0.22 and is, therefore, con- sistent with the Countywide Future Land Use Plan with regard to the maximum allowable FAR. ISR (Impervious Surface Ratio): Pursuant to Section 2-701.1 of the Community Development Code, the maximum allowable ISR is 0.95. The overall proposed ISR is 0.63, which is consistent with the Code provisions. Community Development 2008-06-17 4 • Minimum Lot Area and Width: Pursuant to Table 2-702 of the Community Development Code, the minimum lot width and area for retail sales and service uses is 100 feet and 10,000 square-feet respectively. The subject property has 130 feet of frontage along S. Main Avenue and 275 feet of frontage along Rainbow Drive and is 35,740 square-feet in area. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to Table 2-703 of the Community Development Code, the minimum front setback for retail sales and service uses is 25 feet (parking lots can be at a minimum of 15 feet) and the side setback can range between 0 - 10 feet. Since the subject property is a corner lot, the north and west portions of the property must meet a front setback, while the south and east sides must meet a side setback. The applicant also is proposing an outdoor storage area, which only is listed as a Flexible Standard Development use under Table 2-703 and must meet a 25-foot front and a 10-foot side setback. The proposal includes reductions to the side (south) setback for both the retail sales and service use and the outdoor storage use from 10 feet to 5.1 feet (to building, pavement and the outdoor storage area). The outdoor storage use also carrjes a criteria restriction disallowing the outdoor storage of goods and materials (other than living plant material) within a required setback. This application must be processed as a Comprehensive Infill Redevelopment Project due to the proposed side (south) setback reduction for the outdoor storage use to 5.1 feet. The applicant is also requesting a side (east) setback reduction to 5.1 feet to pavement for the parking lot. An Albertsons grocery store is located to the south of the subject property, with the rear of the Albertsons building, along with its loading and trash areas, oriented toward the south side of this property. The applicant desired to locate the proposed building at a minimal south setback so as to hide much of the negative visual and olfactory impacts of the adjacent Albertsons building as possible, thus the proposed 5.1-foot side (south) setback. Pavement at the rear area of the Albertsons store is at a zero setback to the common property line with the subject property. With this proposed south building setback, the applicant has designed the site to keep the parking lot to the west of the building and the outdoor storage area to the east of the building in line with this proposed building line. Additionally, by keeping the building to the south, the applicant has been able to design the site meeting the required 25-foot front (north and west) setback (25.2 feet on the west and 27 feet on the north). The pavement of the parking lot, primarily a backup flair, is proposed less than the required side (east) setback at 5.1 feet. The east side of the property abuts Albertsons property that provides driveway access to Rainbow Drive, with its pavement at a zero setback to the common property line with the subject property. Office uses are to the east of the Albertsons driveway. The office building to the east at 300 S. Belcher Rd. is located at a seven-foot south setback, with its existing pavement at a zero-foot side (south) setback. The proposed setbacks for this proposed retail sales and service use is consistent with setbacks to building and/or pavement on surrounding neighboring properties. The proposed, reduced south side setback will also assist to mitigate negative impacts of the functional uses at the rear of the Albertsons grocery store on surrounding properties and the traveling public on S. Main Avenue and Rainbow Drive. Maximum Building Height: Pursuant to Tables 2-702 of the Community Development Code, the maximum allowable height as a minimum standard for retail sales and service uses is 25 feet. The proposed building will be one-story in height, approximately 17.5-feet to the midpoint of the pitched roof, well below the minimum standard height. Community Development 2008-06-17 5 Minimum Off-Street Parking: Pursuant to Tables 2-703 and 2-704 of the Community Development Code, the minimum required parking for retail sales and service uses can range between 4 - 5 space per 1,000 square-feet of GFA and outdoor retail sales, display and storage requires five parking spaces per 1,000 square-feet. As such, the minimum number of required parking spaces is 40 parking spaces. The proposal includes a reduction to required parking from 40 to 23 spaces. The applicant proposes the outdoor area for storage only, for the purpose of storing lawn equipment waiting to be repaired, which the applicant contends doesn't generate a parking demand. The showroom is proposed approximately 3,500 square-feet in area. While there will be power equipment and parts display, the applicant sells many large mowers where their display can take up as much as an eight-foot diameter. The rest of the proposed 6,000 square-foot building (approximately 2,500 square-feet) will be for the storage of crates, prepping new equipment and repair of customer equipment. The applicant currently has 11 full time staff in their current location, including two employees whom primarily are on the road during business hours using company trucks delivering new customer equipment or picking up or delivering customer equipment needing repairs. The applicant has submitted a Parking Study for this application. This Parking Study analyzed the existing location to determine the number of spaces necessary to handle existing and planned customer parking needs. The Parking Study also analyzed the types of vehicles coming to the current location (standard car/truck, truck/trailer or delivery truck). With the proposed conditions of this proposed development, the Parking Study has demonstrated the provided parking will adequately serve the proposal and, as such, the requested parking reduction has been justified. Future use of this site will need to be with a use that has similar characteristics as the applicant. Mechanical Equipment: Pursuant to Section 3-201.D.1 of the Community Development Code, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. The applicant is proposing mechanical equipment to be located on the south side of the new building and screened with fencing material. Based upon the above, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment. Sight Visibility Triangles: Pursuant to Section 3-904.A of the Community Development Code, to minimize hazards at driveway intersections with S. Main Avenue and Rainbow Drive, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposed site and landscape design meet this requirement. Utilities: Pursuant to Section 3-911 of the Community Development Code, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. The civil site plan for this proposal indicates that all on-site electric and communication lines for this new building will be placed underground in conformance with this Code requirement. Landscaping: Pursuant to Section 3-1202. D.1 of the Community Development Code, this site is required a 10-foot wide landscape buffer along S. Main Avenue and along Rainbow Drive. With the proposed stormwater retention ponds adjacent to S. Main Avenue and Rainbow Drive, this proposal meets the perimeter buffer along these roadways. A minimum five-foot wide Community Development 2008-06-17 6 • landscape buffer is required along the south and east property lines adjacent to other nonresidential uses, which is being provided. The proposal includes planting the perimeter buffer along S. Main Avenue and Rainbow Drive adjacent to the proposed parking lot, behind the proposed stormwater retention ponds, such that the buffer effectively will screen the parking lot. Required buffer trees also will be planted closer to the proposed parking lot to more productively shade the pavement. The interior of the new parking lot also will be landscaped to meet Code requirements. The proposal also provides the required five-foot wide foundation landscaping on the north and west sides of the building. The only two trees worthy of preservation on this site are being saved (other exotics are being removed). Live oak, magnolia, bald cypress, cabbage palm and crape myrtle trees are being planted on-site as part of the landscape design. Besides the proposed trees, dwarf yaupon holly and Indian hawthorn shrubs will be planted in the perimeter and interior landscape areas. Dwarf jasmine and fakahatchee grass groundcover will also be planted in the foundation and interior landscape areas. Some interior landscape areas of the parking lot currently do not meet the Code landscaping requirements and the landscape plan should be amended to meet the requirements prior to its permit issuance. The proposed on-site landscaping otherwise complies with Code requirements. Solid Waste: The applicant is proposing a solid waste dumpster enclosure on the north side of the building within the parking lot adjacent to the driveway to Rainbow Drive. The proposal has been found to be acceptable by the City's Solid Waste Department. signage: While not proposed at this time, should any future freestanding signage be desired, such freestanding signage should be limited to a monument-style sign at a maximum height of six feet, designed to match the exterior materials and color of the building. Any approval of this request should be conditioned on such signage limitation. Building elevations indicate attached signage on the north and west sides of the building, which will require approval through a Comprehensive Sign Program. No outstanding Code Enforcement issues are associated with the subject property. The DRC (Development Review Committee) reviewed the application and supporting materials at its meeting of May 1, 2008, and deemed the development proposal to be sufficient to move forward to the CDB (Community Development Board), based upon the following findings of fact and conclusions of law: Findings of Fact: 1) The 0.821 acres is located at the southeast comer of S. Main Avenue and Rainbow Drive; 2) The property is currently vacant, undeveloped land; 3) The proposal is to develop the site with a new, one-story, 6,000 square-foot retail sales and service building for the sales and service of lawn mowers and other power equipment; 4} The applicant is also proposing a 2,008 square-foot outdoor storage area on the east side of the building for the storage of lawn equipment needing to be serviced; 5) The outdoor storage area is designed with an eight-foot high, ornamental rail fencing between columns, with opaque fabric on the inside of the fence to screen views of the stored equipment; 6) The site design locates retention areas along the north and west sides of the property, where the proposed parking lot meets and exceeds required setbacks; 7) A 23-space parking lot complying with Code design requirements will be constructed on the west and north sides of the building; 8} The proposal includes a reduction to required parking from 40 to 23 spaces and the applicant has submitted a Parking Study analyzing the Community Development 2008-06-17 7 characteristics of parking for the proposal; 9) With the proposed conditions of this proposed development, the Parking Study has demonstrated the provided parking will adequately serve the proposal and, as such, the requested parking reduction has been justified; 10) The proposal includes reductions to the side (south) setback for both the retail sales and service use and the outdoor storage use from 10 feet to 5.1 feet (to building, pavement and the outdoor storage area) and a side (east) setback reduction to 5.1 feet to pavement for the parking lot; 11) The proposed setbacks for this proposed retail sales and service use is consistent with setbacks to building and/or pavement on surrounding neighboring properties; 12) The proposed, reduced south side setback also will assist to mitigate negative impacts of the functional uses at the rear of the Albertsons grocery store on surrounding properties and the traveling public on S. Main Avenue and Rainbow Drive; 13) The proposal provides the required landscape buffers around the site, interior landscaping and foundation landscaping; and 14) There is no outstanding Code Enforcement issue associated with the subject property. Conclusions of Law: 1) That the development proposal is consistent with the Standards as per Section 2-701.1 and Tables 2-702, 2-703 and 2-704 of the Community Development Code; 2) That the development proposal is consistent with the Flexibility criteria as per Section 2-704.C of the Community Development Code; 3) That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4) The proposal is compatible with the adjacent land uses. Based upon the above, the Planning Department recommends approval of the Flexible Development application to permit (1) a 6,000 square-foot building for retail sales and service use (lawn mower and other power equipment sales and repair) and (2) a 2,008 square-foot outdoor retail sales, display or storage use (in conjunction with and adjacent to the east side of the proposed building) in the Commercial (C) District with a reduction to the side (south) setback from 10 to 5.1 feet (to building and pavement), a reduction to the side (east) setback from 10 feet to 5.1 feet (to pavement), a reduction to required parking from five spaces per 1,000 square-feet (40 spaces) to 2.87 spaces per 1,000 square-feet (23 spaces) and a deviation to allow the outdoor storage of power equipment within the side (south) setback, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, with the following Conditions of Approval: 1) That the final design and color of the retail sales and services building and outdoor storage area be consistent with the conceptual elevations approved by the CDB; 2) That, due to reduced parking below that required by Code, any future change in the building tenant be evaluated for complementary operational characteristics and parking demand, and may require additional provided parking and/or approval by the CDB; 3) That the opaque screening fabric, located on the fencing along the north, east and south sides of the outdoor storage area, provide 100 percent opacity, be maintained in a clean and attractive appearance and shall be in good repair at all times; 4) That, due to reduced parking below that required by Code, the outdoor area be restricted to storage only and the storage of materials within this area, including any storage racks, not be visible above the screening fence; 5) That the overhead doors on the south side of the building be for ventilation purposes only and not for building access from the area south of the building; 6) That any future freestanding sign be a monument-style sign a maximum of six feet in height and be designed to match the exterior materials and color of the building; 7) That, prior to the issuance of any permits, the landscape plan be amended to ensure interior landscape areas are planted with shrubs and groundcovers in accordance with Section 3-1202.E.1; 8) That exterior electrical boxes and meters and similar equipment must be painted the same color as the building prior to the issuance of the Certificate of Occupancy; and 9) That, Community Development 2008-06-17 8 ~ • • prior to the issuance of any permits, compliance with all requirements of General Engineering, Traffic Engineering and Stormwater Engineering be met. Member Coates moved to approve Case FLD2008-04011 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. Pulled from Consent Agenda Case: Amendment to Beach by Design Special Area Plan Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, allowing for increased height for overnight accommodation uses being allocated additional density via the Hotel Density Reserve, and modifying the design guideline governing the theoretical maximum building envelope as it pertains to ovemight accommodation uses. ' Neighborhood Association: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763). Presenter: Robert G. Tefft, Planner III. 2. Member Coates moved to accept Robert Tefft as an expert witness in the fields of zoning, site plan analysis, code administration and planning in general. The motion was duly seconded and carried unanimously. Senior Planner Robert Tefft reviewed the item. At its meeting of March 31, 2008, the City Council approved on first reading amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (Ordinance 7925-08) that, among other things, established the Hotel Density Reserve (Reserve). The Reserve consists of 1,385 hotel rooms that are intended to assist developers in overcoming the constraints upon hotel development on Clearwater Beach due to the recognized economic disparity with condominium development as well as to facilitate the restoration of lost mid-size, mid-priced hotels. As a part of its discussions on the amendments, the City Council recognized that additional height might, in fact, be needed in certain circumstances in order to accommodate the additional density that may be allocated from the Reserve to a project. As such, the City Council provided direction to further amend Beach by Design to allow for increased height for hotels being allocated additional density from the Reserve, but only in limited locations. In addition to the above, the City Council made note of an existing design guideline within Beach by Design that could prevent hotels from being able to accommodate in the design all of the hotel rooms that they may otherwise be able to have allocated from the Reserve. Following further review of this provision, revisions are proposed that would alleviate the negative potential of this provision. The proposal amends Beach by Design Section VII, Design Guidelines; Subsection B. Height, to allow for the maximum height to be increased to 150 feet if additional density is allocated to the development via the Reserve, but only for those properties located between South Gulfview Boulevard and the Gulf of Mexico or located on the west side of Coronado Drive. The proposal also amends Subsection C. Design, Scale and Mass of Buildings, to allow Community Development 2008-06-17 9 for 75% (instead of 60%) of the theoretical maximum building envelope to be occupied by a building for those hotels on less then 2.0 acres that have been allocated additional density via the Reserve. Community Development Code (CDC) Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1) The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to Beach by Design: Goal 2 -The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective 2.1 -The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Policy 2.1.1 -Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plans and 2) The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed amendment to Beach by Design will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in CDC Section 1-103: Allowing property owners to enhance the value of their property through innovative and creative redevelopment (CDC Section 1-103.8.1), Strengthening the City's economy and increasing its tax base as a whole (CDC Section 1-103.8.3). The proposed amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines are consistent with and furthers the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Further, the proposed amendment will assist in overcoming the constraints upon hotel development on Clearwater Beach by helping to facilitate the restoration of lost mid-size, mid-priced hotels. The Planning Department recommends approval of Ordinance 7967-08 that amends Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. In response to a concern regarding a potential loss of view corridors, Mr. Tefft said plan changes only affect heights above 45 feet by allowing a little more space. The lack of an exact formula permits site design flexibility. Planning Director Michael Delk said buildings taller than 100 feet require separation by at least 100 feet. Member Coates moved to recommend approval of the Amendment to Beach by Design Special Area Plan based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. Community Development 2008-06-17 10 ~ ~ 3. Pulled from Consent Agenda Case: REZ2008-04002 -1241, 1261 and 1281 Gulf Blvd. Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 2.94 acres located on the southeast side of Gulf Boulevard approximately 2,900 feet south of Clearwater Pass Bridge. Atlas Page: 3036. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the Commercial (C) District.under the provisions of Community Development Code Section 4-602. Existing Uses: Retail sales and service, Restaurant and Office uses. Neighborhood Association(s): Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763); and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Michael Delk, AICP, Planning Director. Chair Fritsch declared a conflict of interest. Member Behar moved to accept Michael Delk as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, and economic development. The motion was duly seconded. Members Coates, Tallman, Behar, DiPolito, Adelson, and Acting Member Carlough voted "Aye"; Chair Fritsch abstained. Motion carried. Mr. Delk reviewed the item. He said the City had initiated the request. This rezoning application involves one 2.94-acre property owned by the D. A. Bennett Company. The subject propeit~' is located on the southeast side of Gulf Boulevard, approximately 2,900 feet south ~~f Clearwater Pass Bridge. The property has a Future Land Use Plan (FLUP} category of Resort Facilities High (RFH) and has been governed by a Settlement Stipulation. The City of Clearw~iter is requesting to rezone the property from the Business (B) District to the Commercial (C) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by United Stai:es Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (orioiinally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (Case 78-4765-7)) in the Circuit Court for Pinellas County. The resulting Settlement Stipulation restored the dissolved B District for the subject properties and three other locations on Sand Key for a period of twenty years. The Settlement Stipulation governed the intensities and densities on the subject property. The subject property is a portion of "Parcel III," as listed in the Settlement Stipulation. Section 12 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop up to 85,000 square-feet of non-residential floor area on Parcel III. In addition, Plaintiffs shall be entitled to develop up to one hundred ten residential dwelling units on Parcel III, or up to two hundred twenty hotel units on Parcel III, or any combination thereof, with a conversion ratio of one residential dwelling unit or two hotel units. No structure on Parcel III shall be in excess of one-hundred feet above the established flood plain level..." The subject property currently is developed with approximately 36,000 square-feet of non-residential floor area. The development is comprised of three, one-story commercial Community Development 2008-06-17 11 buildings. The two southerly buildings (Shoppes on Sand Key) have restaurant, retail sales and services, and office uses totaling approximately 29,000 square-feet. The third building has a restaurant use (Columbia Restaurant) and is approximately 7,000 square-feet. Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of 20 years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. As indicated, the City has the right and obligation to provide land development regulations consistent with the Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code shall be consistent with the City's Future Land Use Map and Comprehensive Plan. The B District is not listed in the City's FLUP of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP category. The C District is listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the RFH Future Land Use Plan category. The property exceeds the minimum required lot area and lot width for the existing uses in the C District. All existing uses of the property are permitted uses in the C District. An amendment of the zoning atlas from the B District to the C District for the subject property is requested. The property exceeds the minimum lot area and lot width requirements for restaurant, retail sales and services and office uses. Surrounding uses include overnight accommodations to the north, attached dwellings to the west, attached dwellings to the south and the Intracoastal Waterway to the east. The proposed rezoning will be compatible with the existing neighborhood and is compatible with the existing future land use category and reflects the current mix of uses on the property. The proposed C District is consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on its analysis, the Planning Department recommends approval of the request to amend the zoning atlas designation of 1241, 1261 and 1281 Gulf Boulevard from the Business (B) District to the Commercial (C) District. Member Behar moved to accept Scott Rice as an expert witness in the fields of civil engineering, .land development, and environmental and hydraulic engineering. The motion was duly seconded. Members Coates, Tallman, Behar, DiPolito, Adelson, and Acting Member Carlough voted "Aye"; Chair Fritsch abstained. Motion carried. Assistant Engineering Director Scott Rice reviewed utility issues in the staff report. Member Tallman moved to accept Himanshu Patni as an expert witness in the fields of traffic operations: speed studies, signs & markings, ATMS/ITS deployment, traffic studies & fees, parking lot permits, ordinance review, and developmental impact on transportation, and Community Development 2008-06-17 12 • • network support. The motion was duly seconded. Members Coates, Tallman, Behar, DiPolito, Adelson, and Acting Member Carlough voted "Aye"; Chair Fritsch abstained. Motion carried. Engineering Specialist Himanshu Patni reviewed' corrections to the staff report in the transportation section, which would increase trip counts. Michael Foley, representative; said the property owner objects to the request. He said an appeal of the City's denial of the property owner's request for Tourist zoning is pending in Circuit Court. After denying the request, he said the City amended its Code to allow Commercial zoning for the site. Ne said this application is improper while the Circuit Court considers the appeal. He requested that the COB deny the request or continue the item. Assistant City Attorney Leslie Dougall-Sides said pending Court action did not place a hold on the City's ability to rezone the property.. When it denied the property owner's request, the City Council directed staff to process a new application: The City will abide by the Circuit Court decision, which could take up to six months. Discussion ensued regarding the pending Court decision and possible ramifications. It was felt that action should be delayed; as approval would add too much complexity to the .mix. It was. stated action on this. issue is not urgent as there are no current plans to redevelop the property. Discussion ensued regarding the length of continuance. Acting Member Carlough moved to continue Gase,REZ2008-04002 to July 15, 2008, to review Circuit Court action. The motion was duly seconded. Members Coates, Tallman, Behar, DiPolito, Adelson, and Acting Member Carlough voted "Aye";Chair Fritsch abstained. Motion carried. F. ADJOURN: The meeting adjourned at 1:50 p.m. ~~~ ~ ~~^ Chair Community. Development Board Community Development 2008-06-17 13 ~~ Going Green with /ess prxperwork TO: Community Development Board Members FROM: Gina Clayton, Assistant Planning Director SUI3JEC'1': Agenda .Items for June 17, 2008 DATE: June 12, 2008 CDB packets being distributed on contain the fc)llowing items: Agenda Unapproved minutes of previous meetiung May 20, 2008 Site investigation and packet listing LEVEL TWO APPLICATION (Item 1}: 1. Case: FLD2008-0401 1 - 301 S. Main Avenue Yes no .LEVEL THREE APPLICAT10N5 (Items 1 - 31: 1. Case: REZ2008-04002 - 1241, 1261 and 1281 Gulf Boulevard Yes no J 2. iCase: REZ2008-05003 - 1 170, 1180, 12UU and 1.226 Gulf Boulevard ~,/ Yes no 3, /Case: REZ200$-05004 -1520, 1540 and 1560 Gulf Boulevard 6. Case: Amendment to Beach by Design Special Area .P.lan / ~'es no 4. J Case: REZ2008-05005 - 1501 Gulf Boulevard 111/// /Yes no 5. , f Case: LUZ2008-05002 - 1551 Gulf Boulevard y Yes no I have conducted a ersona inv for re ersonal site visit to the ollowin ro Signattrre• ./ Date• ~~~ /Vt t PRINT .NANTF. S: f'fanuii7g C)c:p~u~tmeni!C` D B'i~~gendnr I)KC & CDBiCDI3120(lrYi06 June ! i, 300&1! Cover MMO 6.17?OUB.rlnc `~ C1#earater Grainy C~r~en urith less P~P~rwork TO: Conmiunity Developrnent Board Members FROI/I: Gina Clayton, Assistant Planning :Director SUBJECT: Agenda Items for June :1.7, 2008 DATE: June 12, 2008 CD:B packets being distributed on contain the following items: Agenda Unapproved tniriutes.of previous meeting May 20, 2008 Site.investigation and packet listing I.,EVE:L TWO APPLICATION (Item 1): 1. ase: FLD2008-040] 1- 301 S. Main Avenue Yes no LEVEL THREE APPLICATIONS (I:tems l -3): 1. /'Case: REZ2008-04002 - 1241, 2261 and 1281 Gulf Boulevard Yes no 2. /Case: REZ2008-05003 -.11.70, l l $0, 1200 and 1226 Gulf Boulevard Yes no 3. Case: REZ2008-05004 -1.520, 1.540 and. 1560 Gulf Boulevard _~Yes no 4. Case: IZEZ2008-05005 -1501 Gulf Boulevard _~Yes no 5. ~ Case:.LUZ2008-05002 -155.1 Gulf $oulevard Yes no b. Case.; ~~xnment to Ij~c ach by Design Special Area flan Signature: e: .~...--- ~ : dGt ............PRINT N' IYIE S: iPlannri~g Depa+•trnentlC.D f34.4geudas.l)RC & CDRtC'()812008106,Iune !7, ?OU811 CoverMb~0 b.17.20U8.doc lJ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR OTHER LOCAL PUBLIC OFFICERS COUNTY MUNICIPAL AND _ LAST NAM -FIRST N„AM~E-MIDDLE NAME v N ME OF BOARD, COUNJCIL, COMMISSI jOr}N'),~A"U~TH, O~RITY, 01 OMMITTEE ~ MAILING ADDRESS ~~~ ,n ~1 . ,/~ ~~,~('' j ~ • ~~/ -„ )"~ 4/ tom-! ~ .v CIL, COtdMISSiON, AUTHORITY OR COMMITTEE ON THE BOARD,, C ICH 1 SERVE IS A UNIT OF: ER LOCAL AGENCY O T O H CITY 0 COUNTY CO TM CITY I N „ }1~~ ~~ gyp, j f „ ~ /~i•~iW'' ~tt510 : NAME OF P LtjICAL Sl~ D ~- DATE ON VvHiCH VO~CCURRED d u„y~ ~?, f 7 „%~"~ y+ MY POSITION IS: O ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3'143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal-;by,which he or she is retained); to the special. private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 153.357, F.S., and officers of independent special tax dis#ricts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes- only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, .and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a parkner, joint venturer, coowner of property, or corporate shareholder {where the shares of the corporation are not listed on any national or regional stock exchange). _ _ _ ". ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict:. PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may partiapate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision} with the person responsible for recording the minutes of the meeting, who wiH incorporate the form in the minutes. {Continued on other side} CE FORM 88 - EFF. 1/2000 PAGE 1 • AAPOINTED ,OFFICERS- {con#inued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUS510N AT THE MEETING: • You must disclose orally the nature of your conflict. in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. ~C~ r DISCLOSURE OF LOCAL OFFICER'S INTEREST/ I, lV /rlit+~^'~ > ,hereby disclose that on '*,J G~.t..L / 7` , 2p C~c~J (a) A measure came or will come before my agency which-{check one) inured to my special private gain or loss; - inured to the special gain or loss of my business associate, , - inured to the special gain or loss of my relative, , inured to-the special gain orloss of , by whom I am retained; or _ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,~ ~~~~" /~ ~ ~ ry /frV°"~ V "." t.rt.. tl~'V ~. t~~"`""`"' "'t,~ .~"Y GJ 7~ ~'~~I~~a~ J ~" w~~' ~ ,/Y f,.~r~~'y((,i~...~, , j ~ ~ ~ ,r ~ J ~L/ ~ ~ 1~~-G ~~~? ~ U ~ .----- Date Filed `~ Sign e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE l=OLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. i/2000 PAGE 2 ~J COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 15, 2008 Present: Nicholas C. Fritsch Dana K. Tallman Frank L. Dame Doreen DiPolito Richard Adelson Norma R. Carlough Absent: Thomas Coates Jordan Behar Also Present: Gina Grimes Leslie Dougall-Sides Michael L. Delk Gina Clayton Patricia O. Sullivan Chair Board Member Board Member Board Member Board Member Acting Board Member Vice Chair Board Member Attorney for the Board Assistant City Attorney Planning Director Assistant Planning Director Board Reporter The Chair called the meeting to order at 1:05 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: June 17, 2008 Member Tallman moved to approve the minutes of the regular meeting of June 17, 2008, as submitted in written summation to each member. The motion was duly seconded and carried unanimously. D. REQUEST FOR CONTINUANCE (to September 16, 2008): (Items 1-4) 1. Case: REZ2008-05003 -1170, 1180, 1200 and 1226 Gulf Blvd. Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 15.07 acres located on the northwest side of Gulf Boulevard approximately 180 feet north of Marina Del Rey Court. Atlas Page: 294A. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the High Density Residential (HDR) District and the Preservation (P) District under the provisions of Community Development Code Section 4-602. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Michael H. Reynolds, AICP, Planner III. Community Development 2008-07-15 Chair Fritsch declared a conflict of interest. Member Tallman moved to appoint himself Temporary Chair. The motion was duly seconded and carried unanimously. Staff requested that Case REZ2008-05003 be continued to have additional time to conduct property surveys. Member Dame moved to continue Case REZ2008-05003 to September 16, 2008. The motion was duly seconded. Members Dame, DiPolito, and Adelson, Acting Member Carlough, and Temporary Chair Tallman voted "Aye"; Chair Fritsch abstained. Motion carried. 2. Case: REZ2008-05004 -1 520, 1540 and 1560 Gulf Blvd. Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 7.7 acres located on the west side of Gulf Boulevard approximately 180 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the High Density Residential (HDR) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Michael H. Reynolds, AICP, Planner III. AND 3. Case: REZ2008-05005 -1501 Gulf Boulevard Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 5.86 acres located on the west side of Gulf Boulevard approximately 800 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the Medium Density Residential (MDR) District and the Preservation (P) District under the provisions of Section 4-602 of the Community Development Code. Existing Uses: Attached dwellings. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Michael H. Reynolds, AICP, Planner III. AND Community Development 2008-07-15 2 4. Case: LUZ2008-05002 -1551 Gulf Boulevard Leve! Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 3.59 acres located on the east side of Gulf Boulevard approximately 200 feet north of Marina Del Rey Court. Atlas Page: 311 B. Request: (a) Future Land Use Plan amendment approval to change from Residential Medium (RM) to Recreation/Open Space (R/OS); and (b) Zoning Atlas amendment approval to change from Business to Open Space/Recreation (OS/R) and Preservation (P) under the provisions of Community Development Code Sections 4- 602 and 4-603. Existing Uses: Parks and recreation facility. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Gina Clayton, Assistant Planning Director. Staff requested that Cases REZ2008-05004, REZ2008-05005, and LUZ2008-05002 be continued to have additional time to conduct property surveys. Member Dame moved to continue Cases REZ2008-05004, REZ2008-05005, and LUZ2008-05002 to September 16, 2008. The motion was duly seconded and carried unanimously. E. CONTINUED ITEMS: (Item 1) 1. Case: REZ2008-04002 -1241, 1261 and 1281 Gulf Blvd: Level Three Application Owner/Applicant: City of Clearwater. Representative: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; telephone: 727-562-4567). Location: 2.94 acres located on the southeast side of Gulf Boulevard approximately 2,900 feet south of Clearwater Pass Bridge. Atlas Page: 303B. Request: Application for Zoning Atlas amendment approval from the Business (B) District to the Commercial (C) District under the provisions of Community Development Code Section 4-602. Existing Uses: Retail sales and service, Restaurant and Office uses. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Sand Key Civic Association (Mike Dooley, President, P.O. Box 3014, Clearwater, FL 34630). Presenter: Michael Delk, AICP, Planning Director. Chair Fritsch declared a conflict of interest. This rezoning application involves one 2.94-acre property owned by the D. A. Bennett Company. The subject property is located on the southeast side of Gulf Boulevard, approximately 2,900 feet south of Clearwater Pass Bridge. The property has a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and has been governed by a Settlement Community Development 2008-07-15 3 Stipulation. The City of Clearwater is requesting to rezone the property from the Business (B) District to the Commercial (C) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (Case 78-4765-7)) in the Circuit Court for Pinellas County. The resulting Settlement Stipulation restored the dissolved B District for the subject properties and three other locations on Sand Key for a period of twenty years. The Settlement Stipulation governed the intensities and densities on the subject property. The subject property is a portion of "Parcel III," as listed in the Settlement Stipulation. Section 12 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop up to 85,000 square-feet of non-residential floor area on Parcel III. In addition, Plaintiffs shall be entitled to develop up to 110 residential dwelling units on Parcel III, or up to 220 hotel units on Parcel III, or any combination thereof, with a conversion ratio of one residential dwelling unit or two hotel units. No structure on Parcel III shall be in excess of 100 feet above the established flood plain level..." The subject property currently is developed with approximately 36,000 square-feet of non-residential floor area. The development is comprised of three, one-story commercial buildings. The two southerly buildings (Shoppes on Sand Key) have restaurant, retail sales and services, and office uses totaling approximately 29,000 square-feet. The third building has a restaurant use (Columbia Restaurant) and is approximately 7,000 square-feet. Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. As indicated, the City has the right and obligation to provide land development regulations consistent with the Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code shall be consistent with the City's Future Land Use Map and Comprehensive Plan. The B District is not listed in the City's FLUP of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP category. The C District is listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the RFH Future Land Use Plan category. The property exceeds the minimum required lot area and lot width for the existing uses in the C District. All existing uses of the property are permitted uses in the C District. An amendment of the zoning atlas from the B District to the C District for the subject property is requested. The property exceeds the minimum lot area and lot width requirements for restaurant, retail sales and services and office uses. Surrounding uses include overnight accommodations to the north, attached dwellings to the west, attached dwellings to the south and the Intracoastal Waterway to the east. The proposed rezoning will be compatible with the Community Development 2008-07-15 4 • • existing neighborhood and is compatible with the existing future land use category and reflects the current mix of uses on the property. The proposed C District is consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighbofiood and City, does not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on its analysis, the Planning Department recommends approval of the request to amend the zoning atlas designation of 1241, 1261 and 1281 Gulf Boulevard from the Business (B) District to the Commercial (C) District. Acting Member Carlough moved to accept Michael Delk as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, and economic development. The motion was duly seconded. Members Dame, DiPolito, and Adelson, Acting Member Carlough, and Temporary Chair Tallman voted "Aye"; Chair Fritsch abstained. Motion carried. Alan Zimmet requested Party Status. Member Dame moved to grant Alan Zimmet Party Status. The motion was duly seconded. Members Dame, DiPolito, and Adelson, Acting Member Carlough, and Temporary Chair Tallman voted "Aye"; Chair Fritsch abstained. Motion carried. Michael Foley requested Party Status. Member Dame moved to grant Michael Foley Party Status. The motion was duly seconded. Members Dame, DiPolito, and Adelson, Acting Member Carlough, and Temporary Chair Tallman voted "Aye"; Chair Fritsch abstained. Motion carried. Planning Director Michael Delk said staff's June 17, 2008, presentation to the CDB (Community Development Board) is part of the record for this case. The City is the applicant and has the right to request a decision on this matter. He requested a decision today. Alan Zimmet, representative for nearby residents, supported the City's application. He said a court decision on the property owner's appeal of the City Council's denial of his request for Tourist zoning could take a year. He said if the Court reverses the City Council's decision, the issue would come back to the City Council for action. Michael Foley, representative for the property owner, requested the item be continued until the Circuit Court rules on the property owner's appeal. He said after the property owner played by the rules, the City changed them. He said this action is unfair. He said no development of the property is proposed. Under cross-examination by Mr. Foley, Mr. Delk said the property's current use is consistent with Tourist and Commercial zoning and that staff had supported an application in the last few months requesting that the property be zoned Tourist. Three people spoke in support of zoning the property Commercial. Community Development 2008-07-15 5 C Messrs. Zimmet and Foley requested CDB support for their positions. Discussion ensued with comments that the City Council had amended the Code to be consistent with the FLUP (Future Land Use Plan), which allowed Residential High, Commercial, and Tourist zoning. Support was expressed for concluding the item and moving it forward. Member Dame moved to recommend approval of Case: REZ2008-04002 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded. Members Dame, DiPolito, and Adelson, Acting Member Carlough, and Temporary Chair Tallman voted "Aye"; Chair Fritsch abstained. Motion carried. F. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1 - 2) Attorney for the Board Gina Grimes declared a conflict of interest regarding Cases: FLD2005-01014, FLD2008-05014, and DVA2005-00001A and recused herself. 1. Level Three Application Case: FLD2005-01014 - 3280 and 3290 McMullen-Booth Road (related to ANX2005-02003/LUZ2005-02002/DVA2005-00001A) Owner/Applicant: Spinecare Properties, LLC. Representative: Deborah L. Martohue, Esq.; Martohue Land Use Law Group P.A. (2429 Central Avenue, Suite 203, St. Petersburg, FL 33713, phone: 727-321-5263, fax: 727-321- 8584). Location: 4.5- acres located on the west side of McMullen-Booth Road, approximately 500 feet north of Mease Drive. Atlas Page: 190A. Zoning District: Low Medium Density Residential (LMDR) & Institutional (I) District (proposed). Request: Extend the time frame of.the Development Order. Proposed Use: Medical Clinic Neighborhood Associations: Ashland Homeowners (Robert Lapin, President, 3309 Waterford Drive, Clearwater, FL 33761) and Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) Presenter: Michael H. Reynolds, AICP, Planner III. In his July 10, 2008 memorandum, Senior Planner Mike Reynolds reported that Deborah L. Martohue, Esquire, had requested cone-year extension, to September 7, 2009, for Case: FLD2005-01014 at 3280 and 3290 McMullen-Booth Road. Pursuant to Section 4-407 of the Community Development Code, extensions of time "shall be for good cause shown and documented in writing." The Code further delineates that good cause "may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like." In this particular case, the project was delayed due to litigation, preparing a development agreement, and processing the related land use applications concerning the site. The Code Community Development 2008-07-15 6 • further states that the CDB (Community Development Board) may consider whether significant progress on the project is being made and whether or not there are pending or approved code amendments that would significantly affect the project. It should be noted that, pursuant to Section 4-407, the Planning Director previously granted cone-year time extension. See page 10 for recommendation to approve. 2. Level Two Application Case: FLD2008-05014 -1001-1009 South Fort Harrison Avenue and 507-600 Magnolia Avenue Owner/Applicant: SNKR I, LLC. Representative: Northside Engineering Services, Inc. (300 S. Belcher Road, Clearwater, Florida 33765; phone: 727-443-2869; fax: 727-446-8036; email: renee@northsideengineering.cbm). Location: 1.27 acres located at the southeast comer of South Ft. Harrison Avenue and Magnolia Drive and on the north side of Magnolia Drive approximately 350 east of South Ft. Harrison Avenue adjacent to the west side of the Pinellas Trail. Atlas Page: 2956. Zoning: Commercial (C) and Office (O) Districts. Request: Flexible Development approval for Office and Medical Clinic uses in the Commercial (C) and Office (O) Districts with a reduction to the front (north) setback from 25 feet to 17.5 feet (to building) and 7.5 feet (to off-street parking), a reduction to the front (west) setback from 25 feet to 18.8 feet (to building), a reduction to the front (east) setback from 25 feet to 7 feet (to off-street parking) and a reduction to the side (south) setback from 10 feet to 6.5 feet (to off-street parking); and an increase in building height from 25 feet to 45.16 feet as a Comprehensive Infill Redevelopment Project pursuant to Community Development Code Sections 2-704.C and 2- 1004.C, and reductions to the perimeter buffers along Magnolia Drive and the Pinellas Trail from 10 feet to 7.5 and 7 feet, respectively (to proposed pavement}, as a Comprehensive Landscape Program, under the provisions of Community Development Code Section 3-1202.G. Proposed Uses: Medical Clinic and Office. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Harbor Oaks Neighborhood Association (President, Margaret Hightower, 320 Magnolia Drive, Clearwater, FL 33756). Presenter: Robert G. Tefft, Planner III. The 1.27-acre subject properties are located at the southeast comer of South Fort Harrison Avenue and Magnolia Drive (1.13 acres), and on the north side of Magnolia Drive approximately 350 east of South Fort Harrison Avenue and adjacent to the west side of the Pinellas Trail (0.14 acre). The north parcel is zoned Office (O) District with an underlying Future Land Use Plan designation of Residential/Office General (R/OG), while the south parcel is zoned Commercial (C) District with an underlying Future Land Use Plan designation of Commercial General (CG). The subject properties are presently vacant, but had consisted previously of a retail sales and services use and a detached dwelling. On May 2, 2008, a Comprehensive Infill Redevelopment Project application was submitted for the subject property. Under the development proposal, 13,323 square-feet of Medical Clinic and 5,100 square-feet of Office (18,423 square-feet total) with associated off- street parking will be constructed on the south portion of the subject property. An associated stormwater retention area with landscaping will be constructed on the north portion of the Community Development 2008-07-15 7 subject property. The request had been made as a Comprehensive Infill Redevelopment Project as the proposed Medical Clinic use is only specifically authorized within the Commercial (C) District as a Flexible Standard Development (FLS) use with no flexibility in required setbacks or height and reduced setbacks to the building and pavement have been requested, as well as additional building height. The development proposal's compliance with the various development standards of the Community Development Code (CDC): 1) Floor Area Ratio (FAR): Pursuant to CDC Section 2- 701.1,within the CG Future Land Use Plan category, the maximum allowable FAR is 0.55; therefore the 1.13 acres is permitted a maximum of 27,072 square-feet of gross floor area. The development proposal is for only 18,423 square-feet (0.37 FAR); thus the proposal is in compliance with the above requirement; 2) Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-701.1, within the CG Future Land Use Plan category, the maximum allowable I.S.R. is 0.95. As proposed, the development (south parcel) will have an ISR of 0.71 and therefore meets the above requirement. There are no impervious surfaces on the north parcel; 3) Maximum Building Height: Pursuant to CDC Section 2-704, within the C District, there is no applicable maximum building height for Comprehensive Infill Redevelopment Projects. However, as a Flexible Standard Development (FLS) use, medical clinics are permitted a height of 25 feet; and as a Flexible Development (FLD) use, offices may be permitted a height of 50 feet. The development proposes a building height of 45.16 feet from the average existing grade, which is consistent with the established parameters for an office use, but not for a medical clinic. However, there will be no difference in the outward appearance of the building based upon the use occupying that portion of the building. As such, there should be no adverse affect's in allowing the proposed building height of 45.16 feet for both the office and medical clinic portions of the building; 4) Minimum Setbacks: Pursuant to CDC Section 2-704, within the C District, there are no applicable minimum setbacks for Comprehensive Infill Redevelopment Projects. However, the medical clinic and office uses both have a minimum required front setback of 25 feet and side setback of 10 feet. The development proposal includes the following reduced setback requests: a) Reduce the front (north) setback from 25 feet to 17.5 feet (to building); b) Reduce the front (north) setback from 25 feet to 7.5 feet (to off-street parking); c) Reduce the front (west) setback from 25 feet to 18.8 feet (to building); d) Reduce the front {east) setback from 25 feet to 7 feet (to off-street parking); and e) Reduce the side (south) setback from 10 feet to 6.5 feet (to off-street parking). The applicant has requested the reduced building setbacks, based upon the location of the ingress/egress driveway at Magnolia Drive, which is dictated by its proximity to both South Fort Harrison Avenue and the Pinellas Trail. In order to accommodate a building of sufficient size and provide for an adequate vehicle stacking distance, the requested building setbacks are necessary. With regard to the reduced off-street parking setbacks, these setbacks are necessary in order to provide for the construction of an adequate parking lot. As the parking lot has two frontages, development meeting those minimum setbacks would reduce the parking lot by approximately 30 spaces. While the reduced setbacks also impact the required perimeter landscape buffer, sufficient area will still remain for a buffer meeting minimum planting requirements to be established; 5) Minimum Off- Street Parking: Pursuant to CDC Sections 2-703 and 2-704, within the C District, medical clinics and offices are required to provide three and four off-street parking spaces per 1,000 square- feet of gross floor area, respectively. Therefore, the proposed 13,323 square-feet of medical clinic (40) and the 5,100 square-feet of office floor area (20) require a total of 60 off-street parking spaces. As proposed, a total of 63 off-street parking spaces will be provided; thus the development proposal exceeds its parking requirement; 6) Solid Waste Containers and Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all solid waste containers, Community Development 2008-07-15 8 • • recycling or trash handling areas and outside mechanical equipment shall be completely screened from view from public streets and abutting properties by a fence, gate, wall, mounds of earth, or vegetation. The proposed architectural elevations denote that all of the mechanical equipment is to be located on the roof and screened from view. However, no plans have been provided with this submittal that depict the locations of the mechanical equipment on the roof and the means by which they would be screened from view. It is therefore attached as a condition of approval that prior to the issuance of any building permits, the plans are revised to clearly depict the locations of and the means by which all mechanical equipment will be screened from view from public streets and abutting properties; 7) Utilities: Pursuant to CDC Section 3-911, all utilities, including individual distribution lines, shall be installed underground unless such undergrounding is not practicable. It is attached as a condition of approval that prior to the issuance of certificate of occupancy all on-site utility facilities, whether they be existing or proposed, are to be placed underground as part of the redevelopment of the site; 8) Landscaping: Pursuant to CDC Section 3-1202.D.1, where non-residential uses are adjacent to a local street right-of-way, aten-foot wide perimeter landscape buffer is required. The development proposal is adjacent to Magnolia Drive (north) and the Pinellas Trail (east); however buffer widths of only 7.5 and 7 feet, respectively have been proposed. Based upon the above, the applicant has requested the approval of a Comprehensive Landscape Program with the above referenced reductions to the perimeter landscape buffers. Comprehensive Landscape Program: Pursuant to CDC Section 3-1202.G, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The reduced widths of the northern and eastern perimeter landscape buffers from 10 feet to 7.5 and 7 feet, respectively, will not be to the detriment of the site, nor will it negatively impact the adjacent right-of-way. The buffer will contain the trees and hedge material required by the Code, as well as additional groundcovers and shrubs far in excess of minimum requirements; thus resulting in a demonstrably more attractive landscape plan. Further, the proposed landscape will have a beneficial impact on surrounding property and will enhance the community character; and 9) Code Enforcement Analysis: There is no outstanding Code Enforcement issue associated with the any of the individual subject properties. The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of June 5, 2008, and deemed the development proposal to be legally sufficient to move forward to the CDB. The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following Findings of Fact: 1) That the 1.27 acre subject property is located at the southeast comer of South Fort Harrison Avenue and Magnolia Drive (1.13 acres), . and on the north side of Magnolia Drive approximately 350 east of South Fort Harrison Avenue and adjacent to the west side of the Pinellas Trail (0.14 acre); 2) That the north portion of the subject property is located within the Office (O) District and the Residential/Office General (R/OG) Future Land Use Plan category and will consist only of a stormwater retention area and landscaping; and 3) That the south portion of the subject property is located within the Commercial (C) District and the Commercial General (CG) Future Land Use Plan category and will consist of 18,423 square-feet of medical clinic and office uses. The Planning Department, having made the above findings of fact, reaches the following nclusions of Law: 1) That the development proposal has been found to be in compliance with Community Development 2008-07-15 9 the Maximum Development Potential standards as per CDC Sections 2-701.1 and 2-1001.1; 2) That the development proposal has been found to be in compliance with the applicable Standards and Criteria as per CDC Sections 2-704 and 2-1004; 3) That the development proposal has been found to be in compliance with the Flexibility criteria for a Comprehensive Infill Redevelopment Project as per CDC Sections 2-704.C and 2-1004.C; and 4) That the development proposal has been found to be in compliance with the General Standards for Level Two Approvals as per CDC Section 3-913.A. Based upon the above and subject to the attached conditions, the Planning Department recommends approval of the Flexible Development approval for Office and Medical Clinic uses in the Commercial (C) and Office (O) Districts with a reduction to the front (north) setback from 25 feet to 17.5 feet (to building) and 7.5 feet (to off-street parking), a reduction to the front (west) setback from 25 feet to 18.8 feet (to building), a reduction to the front (east) setback from 25 feet to 7 feet (to off-street parking) and a reduction to the side (south) setback from 10 feet to 6.5 feet (to off-street parking); and an increase in building height from 25 feet to 45.16 feet as a Comprehensive Infill Redevelopment Project pursuant to Community Development Code Sections 2-704.C and 2-1004.C, and reductions to the perimeter buffers along Magnolia Drive and the Pinellas Trail from 10 feet to 7.5 and 7 feet, respectively (to proposed pavement), as a Comprehensive Landscape Program, under the provisions of Community Development Code Section 3-1202.G. with Conditions of Approval: 1) That prior to the issuance of any building permits, evidence of filing a Unity of Title with Pinellas County between all parcels involved in the application must be submitted to and approved by the Planning Department; 2) That prior to the issuance of any building permits, any outstanding comments of the Engineering Department shall be addressed; 3) That prior to the issuance of any building permits, any outstanding comments of the Fire Department shall be addressed; 4) That prior to the issuance of any building permits, any outstanding Land Resource comments shall be addressed; 5) That prior to the issuance of any building permits, the plans are revised to clearly depict the locations of and the means by which all mechanical equipment will be screened from view from public streets and abutting properties; 6) That prior to issuance of the first Certificate of Occupancy, all on-site utility facilities, whether they be existing or proposed, are to be placed underground as part of the redevelopment of the site; 7) That any/all wireless communication facilities to be installed concurrent with or subsequent to the construction of the subject development must be screened from view and/or painted to match the building to which they are attached, as applicable; 8) That any/all future signage must meet the requirements of Code and be architecturally integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a) All signs fully dimensioned and coordinated in terms of including the same color and font style and size and b) All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; and 9) That the final design and color of the building shall be consistent with the architectural elevations submitted to (or as modified by) the CDB, and be approved by staff. Member Tallman moved to recommend approval of a one-year extension, to September 7, 2009, for Case FLD2005-01014 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report and to approve Case FLD2008-05014 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. Community Development 2008-07-15 10 G. LEVEL THREE APPLICATION: (Item 1) 1. .Case: DVA2005-00001A - 3280 McMullen-Booth Road Level Three Application Owner/Applicant: Spinecare Properties, LLC. Representative: Deborah L. Martohue, Esq.; Martohue Land Use Law Group P.A. (2429 Central Avenue, Suite 203, St. Petersburg, FL 33713, phone: 727-321-5263, fax: 727-321- 8584). Location: 4.5-acres located on the west side of McMullen-Booth Road, approximately 500 feet north of Mease Drive. Atlas Page: 190A. Request: Review of, and recommendation to the City Council of, a Development Agreement between Spinecare Properties, LLC and the City of Clearwater. Proposed Use: Medical Clinic. Neighborhood Associations: Clearwater Neighborhoods Coalition (President, Shelley Kuroghlian, 1821 Springwood Circle S, Clearwater, FL 33763) and Ashland Homeowners (Robert Lapin, President, 3309 Waterford Drive, Clearwater, FL 33761) Presenter: Michael H. Reynolds, AICP, Planner III. The subject site is comprised of two parcels of land totaling 4.51 acres in area. The site is located on the west side of McMullen-Booth Road, approximately 500 feet north of Mease Drive. Approximately 0.358 acre, located at the northeastern corner of the property, is within unincorporated Pinellas County and is undeveloped. The remainder of the site is located in the City of Clearwater and is occupied by 14 attached dwellings within several buildings. The applicant is proposing a development agreement, in conjunction with a proposed land use amendment. The land use amendment limits the use of the subject property within the Institutional (I) District to a medical clinic and in the Low Medium Density Residential (LMDR) District as anon-residential off-street parking facility. The development agreement request has been delayed due to litigation. The development agreement is summarized as follows: 1) Restricts the use and size of development on this site for 20 years; 2) Limits the gross floor area and height, number of parking spaces, and 3) Directs a variety of site issues including hours of operation, location of particular business activities and lighting, and providing for fencing, buffering, and tree preservation. A site plan (FLD2005-01014) was approved by the Community Development Board on May 17, 2005, with 16 conditions, pursuant to the Development Order dated May 27, 2005. In August 2007, the Planning Director approved a time extension to September 6, 2008. On April 17, 2008, the City Council reviewed cases ANX2005-02003 and LUZ2005- 02002 on first reading, to approve the annexation, land use plan Amendment from the Residential Suburban (RS) (City and County) category to the Residential Low (RL) and Institutional (I) category, and zoning atlas amendment from the A-E Agricultural Estate District (County) and Low Density Residential (LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts (City). Case LUZ2005-02002 was transmitted to the State of Florida Department of Community Affairs (DCA). DCA did not identify any comments or concerns with this case and referred it back to~the City for adoption. This case is on the City Council agenda for adoption at its meeting on July 17, 2008. Community Development 2008-07-15 11 The Planning Department has determined that the proposed development agreement is consistent with the City's Comprehensive Plan. Member Tallman moved to accept Mike Reynolds as an expert witness in the fields of zoning, site plan analysis, code administration and planning in general. The motion was duly seconded and carried unanimously. Senior Planner Mike Reynolds reviewed the item's main points. In her July 15, 2008 memorandum, Representative Deborah Martohue summarized revisions to DVA2005-00001, approved by the CDB on May 17, 2005: 1) administrative matters such as changes in notice provisions, statutory references, procedures and requirements, specific references to the approved Site Plan (FLD2005-01014) and clarification language regarding specifics approved by FLD2005-01014 as further modified by administrative approval issued by the Planning Director on May 6, 2008; 2) discussion with the HOAs (Homeowner Associations) located to the north of the subject property regarding tree preservation, northern wall location, and alternative option for duration of agreement; and 3) tree preservation issues. Proposed revisions: 1) Whereas clauses in general -correct scrivener's errors; 2) Whereas Clause D -addition of specific site plan criteria and plan references approved by CDB in May 2005; 3) Section 5.1 -effective date and conditions precedent to effectiveness of the agreement added for clarification; 4) Section 5.2 -recording and DCA transmittal procedures added for clarification; 5) Section 5.3 -10-year duration changed to 20-year duration as requested by HOAs and further, such duration is consistent with CH163, revised July 2007, which allows up to a 20-year duration for a Development Agreement; 6) Section 6.1.3.1 - specific reference to CDB approved Site Plan as modified and administratively approved by the Planning Director on May 6, 2008, to reflect site plan changes to address requests by Dr. Weiland (abutting property owner to the west) and Ashland Heights residents (abutting HOA to the north); procedures for determination of and effect of or minor revisions of substantial deviations of the approved Site Plan and provisions for amendments to the Agreement; 7} Section 6.1.3.2 -specific reference to medical clinic added; 8) Section 6.1.3.3 -clarification language regarding maximum allowed height in accordance with approved Site Plan as further modified and reduced in proposed DVA Alternative A as a result of objections filed by Ashland Heights residents on July 8, 2008; 9) Section 6.1.3.4 -clarification regarding handicap parking spaces required added per approved Site Plan; 10) Section 6.1.3.6 -provisions relating to approved and required six-foot concrete with stucco finish privacy wall along northern boundary modified per HOA requests to allow: 1) potential for wall to setback from northern property line to permit on-site wall and landscape maintenance and 2) better coordination with existing tree locations to maximize existing tree preservation both in terms of quantity and long-term preservation viability. Revised wall location was approved administratively by Planning Director on May 6, 2008; 11) Section 6.1.3.8 -vinyl fence six feet in height with landscaping added along west property line to reflect modified and administratively approved Site Plan as part of settlement agreement with Dr. Weiland. Planning Director approval dated May 6, 2008; 12) Section 6.1.3.9 -wall and fence maintenance provisions relocated and clarified; 13) Section 6.1.3.4 -tree preservation percentages revised to reflect existing conditions, approved Site Plan and City Tree Preservation policies. Methodology for calculating percentages approved by Rick Albee and coordinated with certified arborist Chuck Butler; 14) Section 6.1.3.5 -residential use prohibition clause added; 15) Section 6.1.4 -deed restriction provision deleted as redundant of Agreement requirements that Agreement must be recorded in the public records and Community Development 2008-07-15 12 enforceable by HOAs as third-party beneficiaries of Agreement; 16) Section 7 -clarification added regarding concurrency consistent with findings in staff report; 17) Section 7.4 - clarification added that drainage facilities will be provided at owner's sole expense; 18) Section 7.5 -requirements that public facilities required under Section 7 shall be completed prior to issuance of CO added; 19) Section 11 -revised to reflect 20-year duration of Agreement to be consistent with same change in Section 5; 20) Section 13 -contact persons for Notices updated; and 21) Section 25 -amendment provision added. According to her memorandum, remaining revisions to CDB approved DVA2005-00001 primarily are a result of further negotiations with Dr. Weiland and Ashland Height residents from last summer through mid-April 2008. Revisions address: 1) administrative matters such as changes in notice provisions, statutory references, procedures and requirements, specific references to approved Site Plans (FLD2Q05-01014) and clarification language regarding specifics approved by FLD2005-01014 as further modified by administrative approval issued by Planning Director on May 6, 2008; 2) discussions with HOAs located to the north of the subject property regarding tree preservation, northern wall location, and alternative option for duration of agreement; 3) tree preservation issues; and 4) settlement negotiations with Dr. Weiland. Several revisions specifically relate to site plan issues along north and west property boundaries and are offered in modified DVA to be consistent with those site plan revisions already approved administratively by Planning Director on May 6, 2008, to address abutting neighbor concerns and settlement agreement with Dr. Weiland. Ms. Martohue said in early July 2008, the applicant was surprised by neighbor objections filed with staff. She said the applicant reached out to the residents and made additional concessions to lower the maximum height of any screening rooftop parapet to a maximum of 48 inches, where the Code allows 30 inches, and the CDB had approved 60 inches. Also, the applicant proposes to reduce the maximum height for the elevator/staircase towers from 13 feet, as approved by the CDB, to eight feet. Two people spoke in support of the item and five spoke in opposition. Mr. Delk said this request replaces the development agreement with one that is more restrictive. Robert Pergolizzi, representative for the applicant, reviewed nearby uses, stating the project, including its height and parapet, is compatible with surrounding uses. He said the project was pushed toward McMullen-Booth Road to stay out of the neighborhood and features setbacks much larger than required and less than half of the density permitted. He said proposed modifications were designed to benefit nearby residents. Discussion ensued with praise expressed for the application and developer efforts to minimize impacts on abutting neighborhoods. It was commented that the property, which abuts McMullen-Booth Road, will be developed with a commercial use and another developer may be less sensitive to neighborhood issues. It was stated that the process was long enough to allow involvement by all interested residents. The aesthetics of the project's building and landscaping were complimented. Community Development 2008-07-15 13 i~ h Member DiPolito moved to recommend approval of Case DVA2005-00001A based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. G. DIRECTOR'S REPORT: (Item 1) EAR Based Comprehensive Plan Amendments. Assistant Planning Director Gina Clayton said the City Council will review proposed EAR (Evaluation & Appraisal Report) amendments in August. Amendments address issues of local concern, including community character, redevelopment, affordable housing, annexation, and disaster management. Density bonuses for affordable housing are being considered and green construction will be encouraged. Also encouraged will be working waterfronts with incentives for water dependent uses. The amendments recognize the importance of economic activities in the coastal storm areas and also increase the service standard for recreation open space. The City should work with the PPC (Pinellas Planning Council) to revise the calculation for mixed- use development to incentivize that type of development. The City also is working to eliminate septic systems. Support was expressed for public art and the historic section as a way to help develop Clearwater's character. Discussion ensued regarding historic structures in the City. Ms. Clayton thanked Member Dame and Acting Member Carlough for serving on the CAC (Citizen's Advisory Committee). H. ADJOURN: The meeting adjourned at 2:57 p.m. Community Development Board Community Development 2008-07-15 14 0 ^_ Cl~.rwater U Going Green with /ess paperwork TO: Community Development Board Members FROM: Gina Clayton, Assistant Planning Director SUBJECT: Agenda Items for July 15, 2008 DATE: July 8, 2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting June 17, 2008 Site investigation and packet listing LEVEL TWO APPLICATION (Item 1): 1. Case: Case: FLD2008-05014 - 1001-1009 South Fort Harrison Avenue and 507-600 Magnolia Avenue Yes no LEVEL THREE APPLICATION Qtem 1): 1~~ ~es~DVA2005-OOOOlA - 3280 McMullen Booth Road Yes no CONTINUED ITEMS (Items 1-~: 1. Case: REZ2008-04002 -1241, 1261 and 1281 Gulf Boulevard 2. Case: REZ2008-05003 -1170, 1180, 1200 and 1226 Gulf Boulevazd 3. Case: REZ2008-05004 - 1520, 1540 and 1560 Gulf Boulevard 4. base: REZ2008-05005 -1501 Gulf Boulevazd 5. Case: LLJZ2008-05002 - 1551 Gulf Boulevard DIRECTOR'S ITEMS (Items 1-2): 1 Case: 32 3290 McMullen Booth Road 2. EAR Ba ecY Comnv~hensive Plan Amendments. Date: ~/ (7 / Y, ~ ~' ~ PRINT NAME C:~DOCUME-J~dtalfman~f,OCALS-1\TempbrotesFFF692V Cover MM07.J5.2008.doc p,~ ~-~~ C U Going Green with less paperwork TO: Community Development Board Members FROM: Gina Clayton, Assistant Planning Director SUBJECT: Agenda Items for July 15, 2008 DATE: July 8, 2008 CDB packets being distributed on contain the following items: Agenda Unapproved minutes of previous meeting June 17, 2008 Site investigation and packet listing LEVEL TWO APPLICATION (Item 1): 1. Case: Case: FL~~008-05014 - 1001-1009 South Fort Hamson Avenue and 507-600 Magnolia Avenue -~.. Yes no LEVEL THREE APPLICATION (Item 11: 1. Case: DVA2005-OOOOlA - 3280 McMullen Booth Road ~_Yes no CONTINUED ITEMS Qtems 1-5): 1. Case: REZ2008-04002 - 1241, 1261 and 1281 Gulf Boulevard 2. Case: REZ2008-05003 - 1170, 1180, 1200 and 1226 Gulf Boulevard G~ 3. Case: REZ2008-05004 - 1520, 1540 and 1560 Gulf Boulevard ~--~ 4. Case: REZ2008-05005 - 1501 Gulf Boulevard ~a--a' 5. Case: LUZ2008-05002 - 1551 Gulf Boulevard i;u-~ DIRECTOR'S ITEMS (Items 1-2): l Case: Amendment to Beach by Design Special Area Plan 2. EAR Based Comprehensive Plan Amendments. a NAME Date: /S d PRINT S: I Plnnn ing Department IC D B IAgendns DRC & CDBI CDB 12008107 July / 5, 200811 Cover MM07. 15.2008. doc • FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST E~ FIRST NAME-MIDDLE NAM , I OF BOARD, COUNCIL, COM ISSION. AUTHORITY, OR COMM a5 r~ G ,G.ho immvrt,, a ~- MAILING ADDRESS / ~ #- , ~ THE BOARD, COUNCIL, CO ISSION, AUTHORITY R COMMITTEE ON ICH I SERVE IS A UNIT OF: ~ ~ I 0 ^ OTHER LOCAL AGENCY CITY O COUNTY C U`TY CITY ~ ~ ar~~ NAME P ITICALSUBDIVISI ~~~~ qq W~~ DATE ON WHIC E OCCURRED S MY POSITION IS ELECTNE APPOINTNE ~ WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. ' Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that gpacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-faw, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange}. ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and ' WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM BB - EFF. 112000 ~ PAGE 1 %','~ 1~ 1 ~ W .___ APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publiGy at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person. responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, /Ciil.lS7 ~,S ~~ , i'f 7,~G~ ,hereby disclose that on ~ ~ ~~ , 20 ~ 8 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, , _ inured to the special gain or loss of . by whom 1 am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: (2~~~t~a _pSoO 3 - ll?o~ IlBo (~ d- 12Zfo '~ a loo ~~ ~ `i~O ~ r-.e z:sa-r`,~ ~~ e-.~' ~~5e - ~-{~ ~~,,~ rem, - •~- Z- ~-~ tes.~-c-~ ~ o ~ (d~ ur.2u.~e ~k~.rz per o b ~ ~s ~s~ ~-t,~-~,~e. ~,~--~e u.~ I'' , ~°~. Date Filed Signatur NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNT1( MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST ME-FIRST NAME-MID LE NAME E OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTE MAILING ADDRESS ^^ A ' ~,y # Q .~ ~ THE BOARD, COUNCIL, C ISSION, AUTHORITY 0 COMMITTEE ON ICH 1 SERVE IS A UNIT OF: _ ~ 17 J _I vv ~ C7 COU CI CITY ^ COUNTY D OTHER LOCAL AGENCY A r ~Q 5 Tim NAME OF QL ICAL SUBD~SION DATE ON WHICH VOTE OCCURRED t S ~ MY POSITION IS: V ' t L~f~ ^ ELECTNE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, counal, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing'the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, muniapal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed focal officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (inGuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the speaal private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acxe, one-vote basis are not prohibfted from voting in that capacity. For purposes of this law, a °relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business assocate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). f f f ~ f ! ! t ! t f f • • t f t ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and ~ . WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should.incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 1!2000 PAGE 1 ~ k 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must discose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with.the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST qI` ' l s ,20 08': I, / YrU't,~~A.cS (~ ~I~l.`.~~'`- hereby disclose that on ~~ (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of ~ by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: R~~ ?,DDS - 0 ~-oo Z - lz4l , 1 Z~ t •~- l z81 ~(-~ Pam . t fie, alp©v" ~ ~r f -eZ6->1,~.~~ tea- vim- ~5e.. ,~ ~ ~ ~~- . g~C~@.~-c~-C .r ~-.~.u.e- (ae~- ~--hv~©(v-cod v~.i--tom a:~d. ~ ~~s r^~ ~-t-~.,~.~g ~-t~ ~~ t;~- 01 ~ ~~-oog Date Filed ~~ ~~ Sign ture NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1!2000 PAGE 2 n U CDB Meeting Date: September 16, .2008 Case Number: LUZ2008-05002 Applicant: City of Clearwater Address: 1551 Gulf Boulevard Agenda Item: ES CITY OF CLEARWATER PLANNING DEPARTMENT REVISED STAFF REPORT • BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Residential Medium (RM) Classification to the Recreation/Open Space (R/OS) Classification; and (b) Rezoning from the Business (B) District to the Open SpacelRecreation (OS/R) and Preservation (P) Districts. SITE INFORMATION PROPERTY SIZE: 4.01 acres mol PROPERTY USE: Current Use: Park Proposed Use: Park PLAN CATEGORY: Current Category: Residential Medium (RM) and Preservation (P) Proposed Category: Recreation/Open Space (R/OS) and Preservation (P) ZONING DISTRICT: Current District: Business (B) Proposed District: Open Space/Recreation (OSlR) and Preservation (P) EXISTING SURROUNDING USES: North: Multifamily residential (attached dwellings) South: Multifamily residential (attached dwellings) East: Intercoastal Waterway West: Multifamily residential (attached dwellings) Community Development Board -June 17, 2008 LUZ2008-05002 -Page 1 of 8 Revised Staff Report for PPC ANALYSIS: This future land use plan amendment and rezoning application involves property comprising approximately 4.01 acres in area and is known as Bay Park on Sand Key. It is located on the east side of Gulf Boulevard, approximately 200 feet north of Marina Del Rey Court. This property has future land use plan classifications of Residential Medium (RM) and Preservation (P) and a zoning designation of Business (B). The City is requesting to amend the future land use plan designation of the portion of the site designated Residential Medium (RM) (2.47 acres) to the Recreation/Open Space (R/OS) classification. It is also requesting to rezone the 2.47 acres to the Open Space/Recreation (OS/R) District and to rezone the remaining 1.54 acres of the site to the Preservation (P) District to correspond with the existing underlying Preservation (P) future land use plan category boundaries. This property, along with several others on Sand Key, was the subject of a lawsuit filed against the City of Clearwater by the United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (Case No. 78-4765-7) in the Circuit Court for Pinellas County) after the City dissolved the Business (B) District in 1972. The resulting Settlement Stipulation has governed allowable uses and development potential on the properties; however, the property has been designated as Business (B) on the zoning atlas. The Settlement Stipulation identified the subject site as a portion of Parcel I. The property adjacent to the north, the South Bay Condominiums (1501 Gulf Boulevard) comprised the remainder of Parcel I (see Case REZ2008-05005). Section 10 of the Stipulation specified that an additional 80 residential dwelling units could be developed on the Parcel I, or a total of 144 residential dwelling units. The Settlement Stipulation expired on October 17, 2006 and at that time the City became free to regulate the use of all properties involved in the lawsuit. The City is currently proposing to assign valid zoning designations to all four parcels governed by the Stipulation as the Business (B) District is not a specific zoning district identified in the Future Land Use Element of the Comprehensive Plan or in the Community Development Code. Pursuant to Florida Statutes Chapter 163, the City must bring consistency between the future land use plan and zoning atlas. In accordance with the Countywide Plan Rules, the 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 and the proposed future land use plan classification, review and approval by the Florida Department of Community Affairs is not required. Community Development Board -June 17, 2008 LUZ2008-05002 -Page 2 of 8 Revised Staff Report for PPC • L~ I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4- 602.F.1] 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: 3.2.1 Policy -Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR -floor area ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. 27 Goal -The develop a system of open spaces, parks and recreation facilities which are designed for the maximum satisfaction of the recreational needs of Clearwater's residents and tourists. 27.4 Objective -Preserve natural open space areas which constitute aesthetic and/or ecological community assets. 27.4.3 Policy - Continue to designate appropriate land "Preservation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. Recommended Conclusions of Law The proposed future land use plan designation of Recreation/Open Space (R/OS) reflects the current use of the property and provides more protection for the park than the existing designation of Residential Medium (RM), which allows for residential development at 15 units per acre. The Recreation/Open Space (R/OS) designation furthers the City's policy of continuing to designate land for recreation/open space uses. The proposed plan amendment is therefore not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Recreation/Open Space (R/OS) category, as specified in Section 2.3.3.7.2 of the Countywide Rules, is to depict those areas of the County that are Community Development Board -June 17, 2008 LUZ2008-05002 -Page 3 of 8 Revised Staff Report for PPC • now used, or appropriate to be used, for open space and/or recreational purposes; and to recognize the significance of providing open space and recreational areas as part of the overall land use plan. The Recreation/Open Space (R/OS) category is generally appropriate to those public and private open spaces and recreational facilities dispersed throughout the County; and in recognition of the natural and man-made conditions which contribute to the active and passive open space character and recreation use of such locations. The property's prime waterfront location provides the public with access to man-made and natural amenities that provide active and passive recreational opportunities to the public. 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 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact Sand Key is a barrier island developed with a variety of residential and overnight accommodation uses. Large lush landscaped properties, high-rise condominiums towers, townhouses and resort hotels characterize this area of the City. A large County park is located on the northerly tip of the island, which provides a significant open space and public beach. Sand Key is generally characterized by four future land use plan categories. They include Resort Facilities High (RFH), Residential High (RH), Residential Medium (RM) and Recreation/Open Space (R/OS). The corresponding zoning districts are Tourist (T), High Density Residential (HDR), Medium Density Residential (MDR) and Open Space/Recreation (OS/R). The subject site is surrounded to the north, south and west by attached dwellings and planned for medium and high density residential uses. Recommended Conclusions of Law The proposed future land use plan and zoning designations are in character with the overall future land use plan and zoning designations found in the area. They are compatible with surrounding uses and complimentary with the character of the immediate surrounding area and neighborhood. Community Development Board -June 17, 2008 LUZ2008-05002 -Page 4 of 8 Revised Staff Report for PPC IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earlier, the overall subject site is approximately 4.01 acres in area and is occupied by a City park. The purpose of the proposed application is to protect and maintain the park and reflect its intended long-term use. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed future land use plan categories and are included in the following table. MAXIMUM POTENTIAL TRAFFIC Gulf Boulevard: Belleair Causeway to Current Existing Proposed Net New Gulfview Boulevard Situation Planl Plane Tri s Maximum Daily Added Potential Tri s N/A 237 10 -227 Maximum PM Peak Hour Added Potential N/A 29 1 -28 Tri s3 Volume of Gulf Boulevard from Belleair 12,214 12,214 11,987 -227 Causeway to Gulfview Boulevard LOS of McMullen Booth Road from S.R. A A A A 590/Coachman to Drew Street N/A =Not Applicable LOS =Level-of-Service 1 =Based on PPC calculations of 96 trips per acre per day for the Residential Medium Future Land Use Category and 0.3 trips per day per acre for Preservation Future Land Use Category. 2 =Based on PPC calculations of 4 trips per acre per day for the Recreation Open Space Future Land Use Category and 0.3 trips per day for the Preservation Future Land Use Category. 3 =City Calculation of 12.5% Source: "The Rules" o the Coun ide Future Land Use Plan Based on the 2007 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Gulf Boulevard from the Belleair Causeway to South Gulfview Boulevard has a LOS of A. The PM Peak trips generated by the proposed amendment would be substantially less than the trips generated by the current plan category. However, since the property is currently occupied by a park and will continue to operate as a park, there should be no change with regard to the traffic generated by the site and the current LOS will be maintained. Mass Transit The subject site is located along the Pinellas Suncoast Transit Authority's Beach Trolley route and headways are less than or equal to one hour. Water This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the property. The only water demand Community Development Board -June 17, 2008 LUZ2008-05002 -Page 5 of 8 Revised Staff Report for PPC associated with the park use is generated by the drinking fountain and this is not proposed to change. In the event additional water is needed in the future, there is adequate water capacity to serve the property. Wa stewaier This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the property. At present the site does not receive any wastewater service and that is not anticipated to change. In the event there is a need to provide service to the site in the future, there is sufficient wastewater capacity. Solid Waste This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the subject property. The City has adequate solid waste capacity to serve the subject property. Recreation and Open Space The subject property is a parks and recreation use. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment reduces the amount of potential traffic; however, since the property's use is not changing, the plan amendment will have no real impact on current traffic conditions on Gulf Boulevard. Further, there is no impact to water, wastewater, solid waste or mass transit service and open space will continue to be provided as a result of the amendment. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact The subject property is situated on Clearwater Harbor. The proposed land use plan amendment will recognize the recreational use of the property. The proposed zoning atlas amendment will further protect the environmentally sensitive land (Mangrove Forest and Exotic Forest Wetland) located on the east side of the property adjacent to the waterfront. Recommended Conclusions of Law Based upon the findings of fact, the proposed land use plan amendment and rezoning will greatly limit the uses allowed on this property and further protect the natural habitats located on the site. The proposed amendment and rezoning will not negatively impact coastal habitats, water quality, water quantity, or threaten any endangered species. Community Development Boazd -June 17, 2008 LUZ2008-05002 -Page 6 of 8 Revised Staff Report for PPC C~ C VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact The location of the proposed Open Space/Recreation District (OSR) and Preservation (P) District boundaries are consistent with the proposed underlying future land use plan boundaries of the subject site. The proposed zoning is compatible with the surrounding land uses and is consistent with the current use of the property. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS (Sections 2-1002 & 4-602.F.1. and .2.] Recommended Findings of Fact As indicated earlier, the subject site is 4.01 acres and is occupied by a public park. The Open Space/Recreation (OS/R) zoning district does not require a minimum lot area or lot width for parks and recreation facilities. The Preservation (P) District requires a minimum lot area of 10,000 and a lot width of 100 feet. The portion of the property proposed as Preservation (P) exceeds these minimum requirements. Recommended Conclusions of Law The proposed use of the subject site is consistent with the uses allowed in the Open Space/Recreation (OS/R) and Preservation (P) zoning districts and the site meets all applicable minimum requirements of the Code. Approval of this land use plan amendment and zoning district designation 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. SUMMARY AND RECOMMENDATIONS An amendment of the Future Land Use Plan from the Residential Medium (RM) category to the Recreation/Open Space (R/OS) category and a rezoning from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts is requested. The subject site is 4.01 acres. and is surrounded by residential uses to the north, south, west and the Intracoastal Waterway to the east. The proposed future land use plan Community Development Board -June 17, 2008 LUZ2008-05002 -Page 7 of 8 Revised Staff Report for PPC • • amendment and rezoning is compatible with the existing surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The proposed land use plan amendment and rezoning is consistent with the Countywide Plan and the City's Comprehensive Plan Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: ACTIONS: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential Medium (RM) Classification to the Recreation/Open Space (R/OS) Classification; and b) Recommend APPROVAL of the rezoning from the Business (B) District to the Recreation/Open Space (R/OS) and Preservation (P) Districts. Prepared by Planning Department staff: Gina L. Clayton, Assistant Planning Director Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs \\ms5a\pds\Planning Department\C D BU.and Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevazd - City of Cleazwater\FINAL REVISED Staff Report LUZ2008-05002 09-14-08.doc Community Development Boazd -June 17, 2008 LUZ2008-05002 -Page 8 of 8 Revised Staff Report for PPC ~C7 ~''~ i z <C ~~ C'l PROJECT SITE ~~, ~,, o~ fry. TSARINA DEL REY __ C7 KAY ~SZ ~R LOCATION Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property Size (Acres): 4.01 acres Land Use Zoning PIN : 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R & P Atlas Page: 31 1 B S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard -City of Clearwater\Revised Maps\Revised Location Map LUZ2008-05002.doc -` ...- ~ f~r y ~ ~ tf, F. ,y J~ rl Y".. ,r ~ ~. _~ ~~. r 7 L a$ ~ ~ ~ 1 -,1 j r { ~y!~~,(~J/ {/ }' ' - ' , J r Fx- r ~ ~ ,.~ , ~ ~ ~~c ~.... 7 J~ r~-r~~ •~, ~ ~ ~ Y fr c s-. ~ :ate } J'~ ~'tY ~~. •~~ , ~'~ ~ ~ ~ r4'. :'l_ '~'~ '~~ ~~ ~ ~ _ . .r 5 '~ fit' ~ ~.~ ~i. i r .~ ;•~ ~ , 1 x J 4 Y' 4S f 1 /_'~.. y' ~ ___• r ~ • . . ~ l ` ~ i ; ~ ~ r7jj ".`;t d `. ~ ~l. '~ ^ ,l~ ~ ~y. ~,,. '"l :7 }~r i ' ('~-~ i` ,-t A ~~ ~ ~ \'~ ~( J a y~ yy / { y~i ~ ~ ~t j ~ {~~ J ~ ~~ ~, ~'~ l~J / .! ';"1. ,y Y'W~ 'Y:'. 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' ~~ / / \~/ l w ' .~ ~ ~ ~ { Y -.~-. ... ._ _ " :.. ~- _ ~ - L .~ F ~ ~ ti, G f~ ~. ~ i u . ,p ~ ~ ~ ~ ~ ,. ,Pvt j.. _ ~~ ~ ff ~.~ ~~._ ~{.J ~~ "t.~ ,~~ `y~ yf .~~' ~ ~"_y`" 3~"-~ ~~ t "~_i ~"7 p j ~41 ~~ i 1.1E I '~111i~j ~y. 1C rte'' ~t~~~~ 1' t++"E ~n ~ 1 ~ i !.« I+ {~' #14i ~- ~. ~ ~ ~ w l' ~. 1 ` ~ . ~ 4 ~ t j _ i..' ~. r T `\~ r > ' ,. ~~. _'r, i ,,..mot - ~ 7~ 5.~.;.'~.J.L~ ~l ~.J f.!~ t.., _.'' _ :._- r.:~,~-t i(~ ~~ ~ 1 w ~...,,J -r~~~ AERIAL Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property 4.01 acres Size (Acres): Land Use Zoning PIN : 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R & P Atlas Page: 31 1 B S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard -City of Clearwater\Revised Maps\Revised Aerial LUZ2008-5002.doc • i --, a 93390 ~ ~ ~Sb V i. P ~ _. 's~SRM ,~S r- ~ R~..~ 93391 ~ ~- 'S~ _ WATE ~lss, 'i R/OS P r- - -7 3392 ~ 'S~ ?~~ e~ ~1 ~~ «a1At -_ .. L ~ TSB 1 12936 ~ 1 z 3 a 5 ~ o N o 1~ ~ IO t~ t& ~ O N O O .- N N N N ~~ ~ ~ nn ~t a t~ ~ to !p ~ ~p cp O n ' V R ~ V ~ h HASE 2 ~S~ e ~"9, w r- ~ O M Q N N ~ N h M 0 ~ .- .- ~ ~ Oi n A ~ ~t ~ v o L-36699 -1 TJ n 'n A ® % ~ 6+ a ~ ~ % % 5t SD 0.9 ~S9y- . WATER ,5~ ~ ,so„ ~~ 9 FUTURE LAND USE Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property 4 01 acres Size (Acres): . Land Use Zoning PIN : 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R & P Atlas Page: 31 1 B S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard -City of Clearwater\Revised Maps\Revised FLUP Map LUZ2008-05002.doc t- - ~ 93390 ,O - ~ 3 ly~~ (,~v 2 2 ~ 1 ` 93391 ~ B 'S4o P OS/R P - ~ L93392 J 8 ~`y, fy_ 'S~ _...ss.~1Pl\..>. ~. 12936 ~ HASE 2 HDR 'S~ ~sy~e ,~ Owners: City of Clearwater P ZONING Site: 1551 Gulf Boulevard Land Use Zoning From : RM & P B To: R/OS & P OS/R 8~ P Case: LUZ2008-05002 Property Size (Acres): 4.01 acres PIN : 19-29-15-00000-430-0100 Atlas Page: 31 1 B ~.i I .1 ~.I ~1", ~'SB v N a 5 5 ~ N ~ O O 1~ ~ ~ _ a OW O tp O N N N O N N ~ ~ ' t7 ~ V V a V p ~ ~s 9' ~- ~ n n a M ~n ~ a .- q ~ O 36699 ~ ^ N N N ~ ~ ^ r M h V O .- ~ ~ Ti n n A ~ ~ 9 55 $ s 51 5D C9 X5,95 S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard -City of Clearwater\Revised Maps\Revised Zoning Map LUZ2008-05002.doc ~. Aso, - ~ ,Q Multi Family ~,~ ~R~asid~tial,s ~ Zo ~ Multi F ily Reside ial ,,_~ ,5~5 , , >:- Multd Fa~ni~ 9339 ~ Resiclentral-` ~ ~~~ 7540 ~..~rs~, 7551 °~°' Intracoastal Multi Family ~ 3.55 A~,~> Waterway R sid~nt~l ~sso ~- ~._ -, 'SB, Mult' ami ~ Re dent' I 'o O~' '~~NNN NNhM'~`1 ~~~Ib~V~~~hh ~ r X58 2 w 7S9 7 _ •~ of .- .. ~ .. n 36699 ~ ~ n A ® 67 a~ R 56 '.~ 1 50 d9 s ~ b 7595 Existing Surrounding Uses Map Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property Size (Acres): 4.01 acres Land Use Zoning PIN : 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R & P Atlas Page: 31 1 B S:\Planning Departrnent\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard -City of Clearwater\Revised Maps\Existing Surrounding Uses Map.doc • ~,i !~ View looking northeast at the subject property, 1551 Gulf Blvd > i.ar~~1~h ~ ~rl View looking northeast at the property north of the subject property .\ It ~~, p _. ,y { .' ~ + ~ R~ `~ Lt ~~ - i s ~~~{.yy 14~ ~;Aw.p ! '~:, 1 a.~ e,L i di. ~~'1'_.'T' ~. .a. r__.r«.`.:'R{iE. View looking southeast at the subject property View looking southeast at the property to the south of the subject property ._. -'%'a;-. -,r~, ~ ,~-~~ '- ~ - -rye.- View looking southwest at the properties to the west of the View looking south along Gulf Boulevard from the subject subject property property LUZ2008-05002 City of Clearwater 1551 Gulf Boulevard Land Use Plan Amendment Map s Request Planner Name: Steven Everitt Case Number: LUZ2008-05002 Date Requested: May 12, 2008 Date Requested for: May 23, 2007 Maps Requested ® Location Map ® Aerial Map ® Future Land Use Map ® Zoning Map ® Existing Surrounding Uses Map ® 2" x 2" Location Map (for Newspaper) Required Documents to be submitted to Engineering ® Legal Description ® Survey ® Map with Proposed Site Highlighted Map Name Owners:. City of Clearwater Case:. LUZ2008-05002 Site: 1551 Gulf Boulevard Property Size (Acres): 3.59 acres Land Use. Zoning PIN: 19-29-15-00000-430-0100 From: RM8.P _ ~ B To: R/OS 8~ P OS/R 8~ P Atlas Page: 311 B S:\Planning Department\C D B\Iand Use AmendmentsU.UZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard -City of Clearwater\Maps\LUZ2008-05002 Map Request Form.doc ~ _. [iOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS Consent Agenda ^ Regular Agenda ^ County Administrator's Signature: Subject: • DATE: November 4, 2008 AGENDA ITEM NO. Public Hearing ^ Proposed Subthreshold Amendment to the Countywide Future Land Use Plan (FLUP) Department: Staff Member Responsible: Planning Department Brian K. Smith, Director Recommended Action: IT IS RECOMMENDED THE BOARD OF COUNTY COMMISSIONERS (BOARD), SITTING AS THE COUNTYWIDE PLANNING AUTHORITY (CPA), TAKE ACTION TOCAPPROVE- CASE CW 08-39 OFj CLEARWATER. Summary Explanation/Background: The Board has received one proposed subthreshold amendment to the FLUP that has been reviewed by the Pinellas Planning Council (PPC or Council). This is as follows: Case CW, 08-39, which is a submittal by the City of Clearwater, is a 4.0-acre proposal located at..1551 Gulf ~ :Boulevard.+The proposal is to go from Residential Medium (up to 15 units an acre) and Preservation to Recreation/ Open Space and Preservation. The subject site .consists of a recreational area with tennis courts and a parking area, as well as wetlands on the east adjacent to the Intracoastal Waterway. County staff concurs with the Council recommendation of approval. Fiscal Impact/Cost/Revenue Summary: None Exhibits/Attachments Attached: Ordinance Council Documentation Revised 07-18-03 Page 1 of 1 F '~~ NE~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better glace to call home" CHARLIE CRIST - ~~ ~'; ' ~' ~ ~ ~- Governor I -. I' ;'~-_: THOMAS-G. PELHAM -- I'~~ , ;, i ~ Secretary i ~__.- \_. _ - November 122!QOS ~av c 7 zou~ ,, Mr. Michael L. Delk, AICP, Director - - City of Clearwater ~ ~`,~ - \ Post Office Box 4748 " _ - ' " J - ~" Clearwater, Florida 33758-4748 Dear Mr. Delk: Thank you for submitting copies of the Small Scale Development Plan Amendment listed below for the City of Clearwater: Ordinance # Ado tori Date Reference 7973-08 10/2/08 08501 7945-08 10/15/08 08502 The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3187(3)(a), Florida Statutes. If you have any questions, please contact Terri Stoutamire at (850) 922-1804. Sincerely, _ GQ.~- D. Ray Eubanks Plan Review & Processing Administrator DRE/ts cc: Manny Pumariega, Executive Director Tampa Bay RPC 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850-488-8466 (p) • 850-921-0781 (f) • Website: www.dca.state.fl.us • COMMUNITY PLANNING 850-488-2356 (p) 85088-3309 (f) • FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-921-1747 (f) • HOUSING AND COMMUNITY DEVELOPMENT B50-488-7956 (p) 850-922-5623 (f) ti.. `=-- ~ .~. t i ITY O F C LEARWATER POST OFFICE BOA 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, l OO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727] 562-4567 Fnx (727) 562-4865 PLANNING DEPARITIENT November 4, 2008 Mr. Ray Eubanks, Process Planning Manager Florida Department of Community Affairs Bureau of State Planning Plan Processing Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: First Submittal of Small Scale Future Land Use Plan Amendment for 2008 Dear Mr. Eubanks: Pursuant to Chapter 163.3187(1)(c), Florida Statutes, and Rule 9J-11, Florida Administrative Code, the City of Clearwater is hereby transmitting the first small scale Future Land Use Plan amendment adopted thus far in 2008. Currently, the total acres of small scale Plan amendments approved for 2008 is 12.11 acres. The adopting ordinance, public notice, maps and small scale Plan amendment submittal form are enclosed for the following amendment: 2008: City Case # LUZ2006-08006 8.1 acres 2008: City Case # LUZ2008-05002 4.01 acres If there are any questions, please contact Sandra Herman, Planner III, via telephone at (727) 562- 4586 or facsimile at (727) 562-4865. Thank you for your assistance in processing this amendment. Sincerely, -:~~~- _ Michael e P Director Enclosures cc: Tampa Bay Regional Planning Commission ~~Fwui F...,,.,,,. ,,,,, e,..,~...~.,,~ e, .,,,., r...,..._._.. BOARD OF COUNTY IOMMIS~SI0NER5 Robert B. Stewart -Chairman Calvin D. Harris -Vice Chairman Ronnie E. Duncan Susan Latvala John Morroni Karen Williams Seel Kenneth T. Welch November 5, 2008 • • vir~e~las(~ (ounty~ The Honorable Frank Hibbard, Mayor City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Mayor Hibbard: At its November 4, 2008 meeting, the Board of County Commissioners, acting as the CPA, took action to approve Cases #CW 08-39 and #CW 08-40, which were initiated by your City. The Ordinances associated with these approval actions are attached. Sincerely, Smith, Director County Planning Department Attachments cc: Planning Director CPA\Cotresp.ck.pg 4 PLEASE ADDRESS REPLY To: 600 Cleveland Street Suite 750 Clearwater, Florida 33755 Phone: (727) 464-8200 Fax: (727) 464-8201 Website: www.pinellascounty.org ~A1~ • • 6 ., ORDINANCE NO. 08- AN ORDINANCE AMENDING THE COUNTYWIDE FUTURE LAND USE PLAN OF PINELLAS COUNTY, FLORIDA, BY ACTION ON. CASE NUMBERS CW 08-39 AND CW 08-40 INITIATED BY THE CITY OF CLEARWATER AND TRANSMITTED TO THE BOARD IN ACCORDANCE WITH THE SPECIAL ACT; PROVIDING FOR AMENDMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING OF THE ORDINANCE; PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT THE PUBLIC HEARINGS AND WITH RESPONSIBLE AUTHORITIES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, proposed amendments to the Countywide Future Land Use Plan, which is an element of the Countywide Comprehensive Plan of Pinellas County, Florida, have been presented at a public hearing to the Board of County Commissioners in their capacity as the Countywide Planning Authority; and WHEREAS, notices of public hearings have been accomplished as required by Chapter 73-594, Laws of Florida, as amended; and WHEREAS, procedures of the Special Act and County Charter have been followed concerning the Pinellas Planning Council and the Countywide Planning Authority for proposed amendment to the Countywide Future Land Use Plan; and WHEREAS, the City of Clearwater initiated proposed amendments which were considered at a public hearing by the Pinellas Planning Council on October 15, 2008, with recommendations made by the Council that are documented in the Council reports referred to as Exhibit A; and WHEREAS, the Board has conducted a public hearing and taken action that is documented by ordinance for approvals or partial approvals and partial denials and by resolution for denials, with both documents including the relevant Council reports as attached; and • • NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida, acting as the Countywide Planning Authority in regular meeting duly assembled on November 4, 2008, as follows: Section 1 - Amending the Countywide Future Land Use Plan The Countywide Future Land Use Plan for Pinellas County adopted in Section 3(a) of Ordinance 89-4 is amended to reflect the changes adopted as follows: #CW 08-39 4.0 acres located at 1551 Gulf Boulevard, frorxi Residential Medium and Preservation to Recreation/Open Space and Preservation. #CW 08-40 8.1 acres located northeast of the intersection of South Myrtle Avenue and Woodlawn Street, from Residential Urban and Institutional to Residential Low Medium. Section 2. Severability If any Section, Subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by a Court of Competent Jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Section 3. Effectiveness of Plan Action The Plan designations of this Ordinance do not go into effect until the comparable local comprehensive plan designation is approved by the local jurisdiction. Section 4. Filing of Ordinance; Effective Date A certified copy of this ordinance shall be filed with the Secretary of State with the Ordinance and Exhibit A to be filed with the Clerk of the Circuit Court. This Ordinance shall take effect upon filing with the Department of State... APPROVED AS TO FORM OFFICE OF COUNTYATTORNEY ~~~9~~. ananey • • • EXHIBIT A Case #CW 08-39 and #CW 08-40 PIl~LLAS PLANNING COUN~L , t AGENDA MEMORANDUM AGENDA ITEM: III B - 1 MEETING DATE: October 15, 2008 SUBJECT.• Proposed Subthreshold Amendment to the Countywide Future Land Use Plan Map From: Residential Medium - RM and Preservation - P To: Recreation/Open Space - R/OS and Preservation - P Area: 4.0 Acres m.o.l CASE #: CW 08-39 JURISDICTION.• Clearwater LOCATION.• 1551 Gulf Boulevard RECOMMENDATION.• Council, Based On Accompanying Findings (II.A & B), Recommend To The Countywide Planning Authority That The Proposed "Type E" Subthreshold Amendment To Recreation/Open Space and Preservation Be Approved Pursuant To The Official Acceptance Process. I. BACKGROUND This amendment has been submitted by the City of Clearwater to the Council for Official Acceptance in accordance with the Countywide Rules. The subject site consists of a recreational area with tennis courts and a parking area, as well as wetlands on the east adjacent to the Intracoastal Waterway. II. FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The ro osed amendment is consistent with Division 5.3 Section 5.3.4 of the Rules P P Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for "Type E" subthreshold amendments of the Countywide Plan Map. B. In particular, this amendment qualifies as a "Type E" subthreshold amendment, based on the amendment to R/OS and P (for which there is no limit on the size of the amendment), and is therefore eligible for approval under the official acceptance process. PINELLAS PLANNING COUNCIL ACTION.• The Council recommended ~proval of the amendment from Residential Medium and Preservation to Recreation/Open S ace and Preservation (vote 10-0). COUNTYWIDE PLANNING AUTHORITYACTION.• 1 H:\USERS\Cauntywide Ylan MapVlmendmrnts\2008000ctoberVteports\CW08-39 CL memo.doc SUBJECT.• Case CW 08-~-Clearwater In consideration of and based upon these findings, it is recommended that the proposed amendment be approved. III. SUBTHRESHOLD AMENDMENTS The amendment is a "Type E" subthreshold amendment as defined in the Countywide Rules, i.e., amendments of any size to the Water/Drainage Feature, Recreation/Open Space, and Preservation categories. These amendment types are not subject to an annual aggregation limit of thirty (30) acres. It is the policy of the Council, consistent with the purpose, procedure and threshold determinants of the Countywide Rules, that subthreshold amendments will be removed from the official acceptance procedure only for substantive reasons related to the Countywide Plan and Rules. IV. PLANNERS AD VISOR Y COMMITTEE (PAC) The PAC discussed this case at their meeting on October 6, 2008, and recommended approval (vote 10-0). The draft PAC minutes relative to this case are included as Attachment 1. T~ LIST OF MAPS & ATTACHMENTS Map 1 Location Map 2 Current Countywide Plan Map & Jurisdiction Map -Black & White Map 3 Aerial Map 4 Current Countywide Plan Map -Color Map 5 Proposed Countywide Plan Map -Color Attachment 1 Draft PAC Minutes T! SUPPORT DOCUMENTS -available only at www.pinellasplannin~counci~or~ (see October Agenda and then click on corresponding case number). Support Document 1 Disclosure of Interest Form Support Document 2 Local Government Application 2 PASCO COUNTY ~~-• ,~hF ~~\ ~iS ~~~~` ~ i. ETSTOrE . ` J~4 TARPD AV /~` Fp T /'S F ~~ ~ Z Si N RD ~ O m ~ U _ _ ~ 1' L 4 <3 v a ~ .9 ' a~ ~ ~ O [' ;^~ 4LOERUAN RD ~ ~ O . ] ~ my h ~5 ..1 ~n t-,r `~S~ _ G ~ 'D~ 9f CWLFw ~If~ ~ ,L gq SBY ,V`_] ~ ,~` ' (~l r ,yM T SA SBD ~ i ' I ~`/~ SUNSET P INi 0.0 ~~N~ ST ~r ii µ~ s '' \~~„ ~ ~ ~ ~Y cuvBE'-L P"aK"Ar ' 1'~ 7 suLr TD eAr BLro S.R. 60 ~ COJRTeEY ~~~ im SUBJECT AREA ~ ~~ `_ ~ f s ~{ky ` F`~ ~ ~ ~ Dp, ~ fP~~ / EAST BAT pA ROOSEVELT ~ .A . ~ ! 1.~~~ fT sb L` ~ a~'n ULI.ERTON ROAD 1 >/ 9 ~: y J RD :~ ~ '' y ~ BAwv gp~0~ . - ~ ~ o wALSrrcNAN P '-{ ~ ~' ~t~ '~-~ '~ 'U ~'^~ PARR alro , 2 r. F f f'v S _ PARK ~ GULF OF MEXICO a~r , `v`~/ ~ °~ ~~~ SSTN AvE N "/F~ ='~^ ~/ .~~ 1 22ND AVE N ~~ S ~~ (' /R„ ~ STN AVE N CENTRAL AVE ~~ S ~/> l~,saSN,`F A'~~ ~V--~J y~~s~ •~ ~~~ zzND AvE s T ,~ :~~ ~ ~~ ;~ ~ \~ ~ ~ TAMPA BAY ~~ PRiElL45 ~~ POiNT r ~~~ V `~ „< ~ m I _ ~; u~ ~~ ~,~ J' li MAP 1 CASE N0. CWOS-39 PINELLAS PLANNING COUNCIL CJ GRAPHICS PREPARED BY THE OFFICE OF THE PINELLAS COUNTY PROPERTY APPRAISER JIM SMITH Produced Dy MEDIT Y2.1, Copyright 1991,1992 Pinellas County, Florida Property Appraiser. Al1,Rights Reserved. a ~~ / O ?~ / 2~ WATER Rfi ~~ ~~ O~ F S' CG f-~RH 699 `RH- ~S RM ~ , _~ Q ~ .~ ~~ ' `J ~ -ATER ~~ 3~ Q V WATER -' s~ro «cr tsr~i6s o«vc ~i' ~ ~/ WATER- ~p _ - m WATER MAY G PROPOSED AMENDMENT CASE N0. CW08-3~ FROM: Residential Medium (RM) T0: Recreation/Open Space (R/OS) ACREAGE: 4.0 Preservation (P) Preservation (P) i~ SCALE: 1" = 400' PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF PIIQELLAS COUNTY PROPERTY APPRAISER, JIM SMITH GRAPHICS CREATED USliVG'MEDIT VERSION 2.1 N CASE NO. CW08-39 NOT TO SCALE MAP 3 ~~ 0~ ~ V~ }~ ~~ S' C~ r`, 699 ~~ ~~~' ~~ ~J '% 0 ~~ ~e LEGEND ' RESIDENTIAL l[IXED USE COI[MERCIAL PUBLIC/SEMI-PUBLIC SPECIAL DES[GNATiON ""~~~+ ~;,~ _ ItESIDEf717AL RURAL `K ~', RESIDENTIAL ,-~,__ ~3,~,u~ LOI/ HEDIUN ~;,~. ^k1„ }~~,~~. RESH)ENTIAL// ~~a~ ~ OFFICE IJM[tED '~,xw ~4.. CO~RCIAL ~ NEIGHBORHOOD PRESERVATION 1iATER// ®DRAINAGE FEATURE ESTATENTL4L - MRS EIM~iTIAI. / . ~'=~., y OESD)ENTEAINERAL ~,. ~€'-'• n ~ Y--._„. CLIMITEDC~ / ~ 0 EN SPTACE ®NON~-1COMMERC41L ~', CORRIDOR ~~ RESIDENTIAL SUBURBAN ~ _ RESIDENTIAL. RICH RESmENTGL/ OFFICE/RETAIL COI~RCIAL RECREATION -" INSTiTUT(ONAL ® ACTIV3TY CENTER *`F ;,.-:~^Y- ~p ~y~~ ~~: 3? ~F DENTTAL RVERY HIGH RESORT • • • FACHITIES : • COI~RCIAL GHNERAL _ TRANSPORTATION/ UTIi17'Y ::~S:es~:r«:z; CONMUNIT7 ~~~Lu~'~n~~''y~~~~'M1++;'i~~~~_a~~~~. ~ REDEVE[.OPIO:NT ' ~ ~ ~..,.;1-:: $.'~.,< : • OVERLAY n=~"':;':~,. - DISTRICT 1. RESIDENTIAL URBAN ~ RESORT ~ aED~u s INDUSTRIAL PLANNED R$DEVELOPl~ENT ~ CENTRAL DiSrBiC~1'S RESORT w _ INDUSTRLAL PACIIITIES ~ LIMTTED RESIDENTIAL ffiGH MAP 4 CASE NO. CU8-39 INDUSTRIAI. GENERAL. F RM T ~ R/OS ACREAGE: R RESIDENTIAL, MIDIU61 Q RECREATION/OPEN SPACE 4.0 O p P PRESERVATION PRESERVATION J L SCALE 1" = 400' PINELLAS PLANNING COUNCIL ceesmo pxeauaa 9r,~ ama oP m P9i®lA9 LOUNSY PYOPOUT {PiNBAt n11 ®Q[B an~vma -8~1RLD a90a0 ~n ~l•N ei ,o ~J ~s -. ~ ~o ~ ~. ~,... ~ o~ F Jv 5 < ~x2 _H%' }~' _ . ~ 699 /~ o~ ~~ ~~ ~~ . 3~ Q V LEGEND BSSIDBNTIAL lI1XED USB COMMBRCIAL PUBLIC/SEMI-PUBLIC SPECIAL DESIGNATION ~'z~ ~ ' ~' '~'"=~ ~ RESIDENTAL RURAL ~~~ ~ RESIDENTIAL ~yI'X~d~ LOR MEDIUM a $~yc ~ X - ~ ~ .,y -!: [K- RESIDENTWI,/ OFFICE LIMITED COI~RCIAL ~ NEIGHBORHOOD PRESERVATION RATER/ ®DR42NAGE FEATURE __. RESIDENTLAL ISTATE RESIDENTIAL. MEDIUM _ ~ ~7~"~-~~`~ = ~ ~ RESIDENTIAL/ OFFICE GENERAL ~ : COtA~~RCIAi. .. _ _ ~- F,+ LU~dPIED RECREATION/ ~ OPEN SPACE SCENIC/ ~ CORRIDORMERCIAI. SUBURBAN . ~ HIGH ENTIAL OFFICE/RETA/D. REC~RE TI N ~ [NSfITOTIONAL ®ACTIVl'CY CENTER «~~W*i m~~t 5.,f6~s~F j. ~ +~~ ?-~-`~~/~`.;,; RESIDENTIAL. LOW - RESIDENTIAL VERY H[GR ~ • ~ RESORT FACHSTIES OVERLAY COMMERCIAL GENERAL a-s -. TRANSPORTATION/ ~~ UTILCIY _ _ _ _. - -. COMMUNITY REDEVEIAPMENT DISTRICT RESHENTIAL URBAN „~.r,~'•'.: RESORT n- ~ FAC1IdTIES ~" ~a~y MEDIUM INDUSTRIAL RESORT INDUSTRIAL FACHdTIES ~ LIMITED MAP- 5 CASE ND. C08-39 4UGR INDUSTRIAL. GENERAL fi ~ PROPOSED FUTURE LAND USE CENTRAL -^=. BUSINESS x .;. DISTRICT SCALE I" = 400' PINELLAS PLANNING COUNCIL ceerma pner~uo m r® once or rm ramus muem vaovertn apmueeA, an moxe OR6r0C9 PBlPLL® Offi!U 1®R YBB910N GI Attachment I r~~ I~te ~ o e~ ,X06 Subthreshold Plan Amendment: Case CW 08-39: City of Clearwater - Mr. Crawford stated that this 4.0 acre site is located at 1551 Guif Boulevard, and is proposed to be amended from Residential Medium (RM) .and Preservation (P) to Recreation/Open Space (R/OS) and Preservation (P). He noted that the subject site consists of a recreational area with tennis courts and a parking area, as well as wetlands on the east adjacent to the Intracoastal Waterway. After full presentation of the report, Gordon Beardslee moved approval of staff recommendation of approval; the motion was seconded by Rick MacAulay and carried (vote 10-0). ~ PINELLAS PLANNING C OU N C I L COUNCIL MEMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Mayor Bob Hackworth, Chairman Mayor Beverley Billiris, Vice-Chairman Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplanningcouncil.org vice-Mayor Jerry Knight, Secretary Commissioner John Morroni, Treasurer Councilmember Sandra L. Bradbury Councilmember John Doran Mayor Pat Gerard Mayor Dick Holmes October 17, 2008 Councilmember Jim Kennedy School Board Member Linda S. Lerner Mayor Mary H. Maloof Mayor Jim Ronecker Mayor Frank Hibbard Mayor Andy steingold City of Clearwater P.O. Box 4748 Clearwater, FL 33756-4748 Dear Mayor Hibbard: David P. Healey, AICP Executive Director The Pinellas Planning Council considered at public hearing on October 15, 2008 two applications from the City of Clearwater for amendment of the Countywide Future Land Use Plan. The Council recommended approval of cases CW 08-39 and CW 08-40, as noted on page 1 of the accompanying agenda memoranda. These amendments, including the recommendation of the PPC, will be considered by the Board of County Commissioners; in their capacity as the Countywide Planning Authority (CPA), on November 4, 2008 at 9:30 a.rn. Thank you and your staff for your assistance in the coordination of our countywide planning process. Sincerely, I Mayor Robert Hackworth, Chairman Pinellas Planning Council Attachment: Case Reports cc: Councilmember John Doran, Pinellas Planning Council ~ eprese iv -----~,---~ William Horne, City Manager Michael Delk, Planning Director PLANNING FOR THE PINELLAS ~J f~~ ~~ ~~~. ~. ~-~ ~ LI ~.- ~ ~ ~~~ }~ 2 ~ I ,~ OCT I COQ ,.. J , .~ ~ ir... ____, COMMUNITY - _, • • ~ PINELLAS PLANNING COUNCIL COUNCIL MEMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplanningcouncil_org October 17, 2008 Mayor Bob Hackworth, Chairman Mayor Beverley Billiris, Vice-Chairman Vice-Mayor Jerry Knight, Secretary Commissioner )ohn Morroni, Treasurer Councilmember Sandra L. Bradbury Councilmember )ohn Doran Mayor Pat Gerard Mayor Dick Holmes Councilmember Jim Kennedy School Board Member Linda S. Lerner Mayor Mary H. Maloof Mayor Jim Ronecker Mayor Andy Steingold David P. Healey, AICP Executive Director City of Clearwater Cash & Investments Manager P. O. Box 4748 Clearwater, FL 33758-4748 Re: Case CW 08-3 To Whotn This May Concern: A copy of the Council's recommendation from its October 15, 2008 meeting to approve the amendment to the above referenced case is enclosed for your information and records. Pursuant to County Ordinance No. 96-23 establishing procedures for public hearing, this is to notify -you that the recommendation of the Pinellas Planning Council, to be considered by the Countywide Planning Authority on November 4, 2008, is available for your review. If you have any questions, please contact this office. Sincerely, avid P. Healey, AICP Executive Director cc: Michael Delk, Planning Director City of Clearwater PLANNING FOR THE P[NELLAS COMMUNITY PII~.LAS PLANNING COUNT AGENDA MEMORANDUM AGENDA ITEM.• III B - 1 MEETING DATE: October 15, 2008 SUBJECT.• Proposed Subthreshold Amendment to the Countywide Future Land Use Plan Map From: Residential Medium - RM and Preservation - P To: Recreation/Open Space - R/OS and Preservation - P Area: 4.0 Acres m.o.l CASE #: CW 08-39 JURISDICTION.• Clearwater LOCATION.• 1551 Gulf Boulevard RECOMMENDATION.• Council, Based On Accompanying Findings (ILA & B), Recommend To The Countywide Planning Authority That The Proposed ``Type E" Subthreshold Amendment To Recreation/Open Space and Preservation Be Approved Pursuant To The Official Acceptance Process. I. BACKGROUND This amendment has been submitted by the City of Clearwater to the Council for Official Acceptance in accordance with the Countywide Rules. The sub'ect site consists of a J recreational area with tennis courts and a parking area, as well as wetlands on the east adjacent to the Intracoastal Waterway. II. FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division ~.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for "Type E" subthreshold amendments of the Countywide Plan Map. B. In particular, this amendment qualifies as a "Type E" subthreshold amendment, based on the amendment to R/OS and P (for which there is no limit on the size of the amendment), and is therefore eligible for approval under the official acceptance process. PINELLAS PLANNING COUNCIL ACTION.• The Council recommended approval of the amendment from Residential Medium and Preservation to Recreationl0pen Space and Preservation (vote 10-0). COUNTYWIDE PLANNING A UTHORITY ACTION: 1 H:\USERS\Countywide Plan MapWmendments\2008\IOOctoberVteports\CWOB-39 CL memo.doc PINELI:AS PLANNING COUNCIL AGENDA MEMORANDUM AGENDA ITEM: III B - 1 MEETING DATE: October 15, 2008 SUBJECT: Proposed Subthreshold Amendment to the Countywide Future Land Ilse Plan Map From: Residential Medium - RM and Preservation - P To: Recreation/Open Space - R/OS and Preservation - P Area: 4.0 Acres m.o.l CASE #: CW 08-39 JURISDICTION: Clearwater LOCATION: 1551 Gulf Boulevard RECOMMENDATION: Council, Based On Accompanying Findings (II.A & B), Recommend To The Countywide Planning Authority That The Proposed "Tyye E" Subthreshold Amendment To Recreation/Open Space and Preservation Be Approved Pursuant To The Official Acceptance Process. I. BACKGROUND This amendment has been submitted by the City of Clearwater to the Council for Off cial Acceptance in accordance with the Countywide Rules. The subject site consists of a recreational area with tennis courts and a parking area, as well as wetlands on the east adjacent to the Intracoastal Waterway. II. FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for "Type E" subthreshold amendments of the Countywide Plan Map. B. In particular, this amendment qualifies as a "Type E" subthreshold amendment, based on the amendment to R/OS and P (for which there is no limit on the size of the amendment), and is therefore eligible for approval under the off cial acceptance process. PINELLAS PLANNING COUNCIL ACTION: COUNTYWIDE PLANNING AUTHORITYACTION: 1 H:\USERS\Counrywide Plan MepWneadmeme\2008\]OOctober\Reports1CW06-39 C1, memo.doc r • • SUBJECT: Case CW 08-39 -Clearwater In consideration of and based upon these findings, it is recommended that the proposed amendment be approved. III. SUBTHRESHOLD AMENDMENTS The amendment is a "Type E" subthreshold amendment as defined in the Countywide Rules, i.e., amendments of any size to the Water/Drainage Feature, Recreation/Open Space, and Preservation categories. These amendment types are not subject to an annual aggregation limit of thirty (30) acres. It is the policy of the Council, consistent with the purpose, procedure and threshold determinants of the Countywide Rules, that subthreshold amendments will be removed from the official acceptance procedure only for substantive reasons related to the Countywide Plan and Rules. IV. PLANNERS ADVISORY COMMITTEE (PAC) The PAC discussed this case at their meeting on October 6, 2008, and recommended approval (vote 10-0). The draft PAC minutes relative to this case are included as Attachment 1. V LIST OF MAPS & ATTACHMENTS Map 1 Location Map 2 Current Countywide Plan Map & Jurisdiction Map -Black & White Map 3 Aerial Map 4 Current Countywide Plan Map -Color Map 5 Proposed Countywide Plan Map -Color Attachment 1 Draft PAC Minutes V SUPPORT DOCUMENTS -available only at www.ninellasnlanninPCOUnci~or~- (see October Agenda and then click on corresponding case number). Support Document 1 Disclosure of Interest Form Support Document 2 Local Government Application 2 • PASCb caum~r 1 ~_ ___..._ _..._...~ r ,----------° , _ _ _ , _ . ....-_. W._ ~.. ~ . __ ,, -, , i ~. } i ,. o B'~ o ~' :, CI; µ~ ,i <<. ~ .z 43 O ~ t .~ ~ l~ ~~""._- '`~ ~ J Pf g ~ 1~'b~M E:'J~• 1, ~ ~ >•. t- 4 , ;~ ~ , r, ~ ~ y 1 < ~. ,~~ ~ ~ ew.r"' .,7 ~? .. ~? .,. SUBJECT AREA ,~=~~ : ~' j '~ ~~~ t~ ~ ,, ~ --, z~ f ~, ~ ~ - LL ~.~ r, d p~Q'o i ~ ~., ~ . ~ _ ~.a° e ',.,. i rywncvc ~ a ~ ~ .... ~ ; . ~~~ ~ ~" - E Y ~^•• ~ ! 3 GULF OF MEXICO ,.~ ~~' ~":.~~.,„.~„ __-. ~ ? ` .~ ~, ~ ~ ~~~~ ~. k ar+ ~~:~ 3 j rti~. ~- f ., ~ ~,- ~ .raw ~W F ,-. `. ~ ~ ' TAMPA` BAY .i ~. a~ r '~ r' -MAP i CASE N0. CW08-39 1~ ~I. "f~, PINELLAS PLANNING COUNCIL C ~~ GRAPHICS PREPARED DY THE OFFICE OF THE PINELLAS COUNTY PROPERTY APPRAISER. J1M SMITH Produced by MEDIT V2.1. Copyright 1991,IB92 Plnellee County. Florida Properly Appraiser. All Rights Reserved. ~. d ~ n yS/ jjJj W J ~ ~3 ~,~ 1~A1`ER 1 r ~~~ ~ ~ ~~ ~ I r'r ~~ f ,. "~ .~ .~` I ~~`"i 11ATgR J1 ~-- ^ ,~ f a`~ ,~ ! } r I q w `~V'`'-. '~`~ W~ fJJ ~ 4 CJ'1 ~3t t ~^' f ~ f •~ f >. ~~ ~ ,.; ,. ,, ~ , . ,, ~•~` - ........ wL~~ .......c... ...e..~....t=. ~~...t. '~L....~~ AAfiER ~ - ~~ - ~~` .,~N ~ l 4~ ~~ ~~ ~~``1` wait- :,. ,ry~~ ~ra~sR ~' y~ ~/ j ,. _._._ lA.l#P fG PROPOSED AMENDMENT CASE N0. C1108-3~ FROM: Residential Medium (Rl!) T0: Recreation/Open Space (R/OS) ACREAGE: 4.0 Preservation (P) Preservation (P} ~~' scAI.E: 1^ = 400 PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF PINELLAS COUNTY PROPERTY APPRAISER, JIM SMITH GRAPHICS CREATED USING MEDIT VIItSION 2.1 • N CASE NO. CW08-39 NOT TO SCALE MAP 3 1_ J ~° ;~Y~ v ~~ r ~,~ ~ ~ r J.-. 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PUBI2CJS'SllS_Pti$IiC 5P8L7AL 118SiC2+lATtON kti~ ~ ~ ~ NE07 M ~ OP&PI~CDBCNT~ ~ -~IGB@~{1flHimQ PPr~2YATtON ~ N ~ ~N7L,L ~ RIlEDf173i '"` ~ 9P~t~Ct -G~. ~ ilJl"t7E0`~ ~ ~ ~i pPE'lr S AO~ ~~'^,.~ ~4~O~N-T~C~HYM@fiC1A1. 6U 9E1nOtA.~ ~ RPSIDRIiTL?L _ OFPiL~fitET ~ i^..E VlvT lON ~ iti9S7TV71flNdL. / ~~_ -CTIYt9Y CENTER 'gt'.~'.iDEN17dL ~RESII7EN3G"L • • • ,,r,. ~ YENY R1GN • • • • RH50RT 9V~RCill yB$. ~ COMMP.RCfA1. CENY.RAt ~., 'fIGNSPIIR?ATiOMf U'tiIJTY ~ C~YYUfOfiY r~ IDP~R? u! c'r • RES?UfsNT7Xl. +s~}sx ~ FtP.til)}".P v~nra~ INDUST~iA#. PI.AHNBb RBtII:YB~4P1t8Ni' ~ 8[I'x51t BS'S vLrrR3cr 8ESb1~'!' CkUt%='TAIAI ~ an i.1TtES~ ~ . LNJ7RD }t~IDENTiA6 ~ ~ .. MAP 5 ~`-`° "~' iill.7S~ ~~. ~~L7 ~`~7 r.?NF~i'A4 , SCALE 1" = 400' ~~~'~' PINELLAS PLANNING COUNCII. C4)® AO~m !f 1R O/O A ~ I-'lIIUb"IfkX7~4 .Drat mnrt I.awivt uw~la a s® ~~Rf ~ml® VSO ImR ~~® GI • • Attachment 1 Orai! PAC Minules October a, 3008 Subthreshold Plan Amendment: Case CW 08-39: City of Clearwater - Mr. Crawford stated that this 4.0 acre site is located at 1551 Gulf Boulevard, and is proposed to be amended from Residential Medium (RM) and Preservation (~) to Recreation/Open Space (R/OS) and Preservation (P). He noted that the subject site consists of a recreational area with tennis courts and a parking area, as well as wetlands on the east adjacent to the Intracoastal Waterway. After full presentation of the report, Gordon Beardslee moved approval of staff recommendation of approval; the motion was seconded by Rick MacAulay and carried (vote 10-0). • Support Document I DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY. PLANNING COUNCIL CASE NUMBER *. SUBMITTING GOVERNMENT ENTITY: PPC OR CITY/TOWN CASE NUMBER: PROPERTY OWNERS:. REPRESENTATIVE:. CITY OF CLEARWATER LUZ2008-05002 CITY OF CLEARWATER, FL MICHAEL DELK COMMUNITY DEVELOPMENT. COORDINATOR CITY OF CLEARWATER, FL ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: No. Interests: Contingent: Absolute: Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: No. Contract is: Ali Parties To Contract: Name:. Contingent: Absolute:. INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: None. Name:. Name:. ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIGNED BY PLANNING COUNCIL. STAFF S:IPlanning DepartmentlCD BiLand Use AmetulmentslLi/Z 20081LUZ2008-05001-1551 Gulf Boulevard -City of GearwaterlPPC11PPCDtsclosure Statement.dac r~ Support Document 2. APPLICATION FOR COUNTYWIDE. FUTURE LAND USE PLAN AMENDMENT ,~ Please complete. all the. information below as accurately as possible to. ensure that the application for the. land use plan amendment can be processed efficiently.. Processing of the. application will not be started until this form has been completed.. If additional space is needed, please number and attach additional sheets.. I. Count 'de FLUP Map Amendment Information 1 _ Current Countywide. FLUP Designation RM 2. Proposed Countywide. FLUP Designation I2/OS II. Local Plan Man Amendment Information 1. Local Plan Map. Amendment Case Number LUZ2008-05002. . 2. Current Local Plan Designation(s). ItM/CITY 3. Current Local Zoning Designation(s). B Business District), 4. Proposed Local Plan Designation(s). R/OSCITY. 5. Proposed Local Zoning Designation(s) OS/R and P/CITY III.. Site Description 1. Parcel number(s) of area{s) proposed to be amended 19=29-15-00000-430-0100. (include Section/Twp/Rng/SubBlk/Lot) 2. Acreage 3.87. moi 3.. Location 1551. Golf Boulevard 4. Existing use. Park 5.. Existing density. 15 dwelline units/acre 6. Name of project (if applicable) iyone at this time IV. Verification of Local Action 1. Verification of local action to approve. amendment to. local plan and transmittal of amendment to Countywide Plan Map; and/or copy of local ordinance proposing/approvingphn amendment authorizing request for amendment of Countywide. Plan Map.. V. Other Pertinent Information 1. Submittal letter. from the local jurisdiction to. the Executive. Duector requesting X amendment to the. Countywide. FLLTP. 2. Disclosure. of Interest Statement with names and addresses of the application/ . X representative. and property owner.. 3.. Proposed local ordinance number and status.- X 4.. Staff report and local action to date. X 5. Attach local plan and zoning maps.. X 6. Include proposed demarcation line. for environmentally sensitive areas. (if applicable). X 7. Legal description.. X 8. Map clearly indicating amendment Ication. X 9. Plan Amendment Application. X S:IPlanningDepartmentlCDBlLand UseAmendmentslLUZ20081LUZ2008-05002-1551 Gulf Boulevard-Ciryof ClearwaterlPPC11FLUP Applicanon.doc V~ • • ~ +^ad;*s _ ~ - _,- _, -. ~, 8~,~.~ ~; ::. ~, ~~ CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 PLANNING DEPARTMENT September 17, 2008 Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600. Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2008-05002- Application to Amend the Countywide Future Land Use Plan Dear Mr. Healey: The City of Clearwater requests the following: An amendment to the Countywide Future Land Use Plan to change Residential Medium (RM) (City) future land use to. ResidentiaUOpen Space (R/OS) (City) future land use for parcels of land totaling 3.87 acres (more or less) for property located at 1551 Gulf Boulevard. Please note that the City Engineering staff has just revised the legal description for this property. Subsequently, the accompanying mapping will need to be corrected with accurate acreage. The correct updated information will be forwarded to you as soon as it is complete. This amendment is anticipated to be passed on first reading at the September 18, 2008 City Council meeting. Attached please find all of the required information for this request. If you need any additional information, please contact me at 727-562-4836. Sincerely, ~l ~~~-cal !/~ Michael H. Reynolds, AICP Planner III Attachments: Disclosure Statement Application Staff Zoning Atlas with Designated Area Staff Report with Maps Ordinance Nos. 7945-08 and 7946-08 S: (Planning DepartmentlCD BlLnnd Use AmendmentslLUZ 200~UZ2006-08006; 802, 826, and 830 Woodlawn Street -Woodlawn Church of God Bd. of Trustee CIPPC Transmittal Letter.doc ~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER~~ ~~PPLICATION FOR C~TYWID'E FUTURE LAND U~ PLAN AMENDMENT lease complete all the information below as accurately as possible. to ensure that the application for the land use plan amendment can be processed efficiently. Processing of the application will not be started until this. form has. been completed. If additional space. is needed,. please number and attach additional sheets. I. Countywide FLUP Map Amendment Information 1. Current Countywide. FLUP. Designation 2. Proposed Countywide. FLUP Designation II. Local Plan Map Amendment Information 1. Local Plan Map. Amendment Case. Number 2. Current Local Plan Designation(s) 3. Current Local Zoning Designation(s). 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s).. RM IZ/OS LUZ2008-05002 RM/CITY B_(Business District) lt/OSCITY OS/R and P/CITY III. .Site Description 1. Parcel number(s) of area(s). proposed to be amended (include Section/Twp/Rng/SubBlk/Lot) 19-29-15-00000-430-0100 2. Acreage 3.87 mol 3. Location 1551 Gulf Boulevard 4. Existing use. Park 5. Existing density 15 dwelling units/acre 6. Name of project (if applicable) None at this time IV. Verification of Local Action 1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map;. and/or copy of local ordinance proposing/approving plan amendment authorizing request for amendment of Countywide. Plan Map. V. Other Pertinent Information 1. Submittal letter from the local jurisdiction to the Executive Director requesting . X amendment to the Countywide FLUP.. 2. Disclosure of Interest Statement with names and addresses of the application/ X representative and property owner. 3. Proposed local ordinance number and status... X 4. Staff report and local action to date. X 5. Attach local plan and zoning maps. X 6. Include. proposed demarcation line for environmentally sensitive areas (if applicable). X 7. Legal description.. X 8. Map clearly indicating amendment location. X 9. Plan Amendment Application. X S: (Planning Department) C D BlLand Use AmendmentslLUZ 20081LUZ2008-05002 -1551 Gulf Boulevard - City of ClearwaterlPPCIIFLUP Application.doc • DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER SUBMITTING GOVERNMENT ENTITY: PPC OR CITY/TOWN CASE NUMBER: PROPERTY OWNERS:. REPRESENTATIVE:. CITY OF CLEARWATER LUZ2008-05002 CITY OF CLEARWATER, FL MICHAEL DELK COMMUNITY DEVELOPMENT COORDINATOR CITY OF CLEARWATER, FL ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: No. Interests: Contingent: Absolute: Name: Specific Interest Held:. INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: No. Contract is: Contingent: All Parties To Contract: Name: Absolute:. INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: None. Name: Name:. ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIGNED. BY PLANNING COUNCIL STAFF S:IPlanningDepartmentlCDBlLandUseAmendmentslLUZ20081GUZ2008-05001-1551 GulfBoulevard-CityofClearwaterlPPCIIPPCDisclosure Statement.doc 3030 -,~ D ~ Clearwater r--~ i `nrsa J ~'" T- - 1 °' PREPARED BY i ' . ,,} ~ ~ J PUBLIC WORKS ADMINISTRATION i ENGINEERING / GIS I.. _.._.. _.. _.._.._. _. _. _. _. _. _ .~ 100 S. 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LAND HOOK (COMMON OWNERS i i ! F' I _~ PLATTED SUBDNISION BOUNDARY i . ~ i i ^' -a, i u.+_ J i r 1 '~~ mna I ''.., L ~H , . , , ~ . ,. . .~.. .. ! + COUNTY HIGHWAY I 1 ` _ t. e O STATE HIGHWAY n i 1r U.S. HIGHWAY se i r--i i3 s. - __ _r a _ r. ^_ ;P ., 3 &: _ S -a ;: A i i .yam J _ i ,~ ~ Outside City of Clearwater i Zoning Atlas I Mar 21, 2005 uu a , .1 . . . a 1g a >. ~ i i SE 1/4 0/ 19-29-15 '- ~ n ~ ' s i; ~ ~ ± -__ r ttl . `ss+_ J 3118 I 3198 ~• (:1'1' Y OF CLEARW ER APPLICATION F~ COMPREHENSIVE PLAN AMENDMENT i;INCLUDLVG FUTURE LAND USE MAP AMENDMENT) PLANNING DF" A r~T1~iiTi NT MUNICIPAL SERVICES BUILDING, 100 1551 GULF B LV D PHONE (727) 562- LUZZOOH-OrJ002 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: City of Clearwater _ (List all owners) AGENT NAME: Michael Delk, Community Development Coordinator_ BAY PARK ON SAND KEY Zoning: B" atlas# 31 1 B FAX NUMBER: 727 MAILING ADDRESS: 100 South Myrtle Avenue, Clearwater, FL 33756 PHONE NUMBER: 727-562-4567 FAX NUMBER: 727-562-4865 SITE INFORMATION: LOCATION: East side of Gulf Boulevard approximately 7,410 feet south of Clearwater Pass Bridge STREET ADDRESS(ES): 1551 Gulf Boulevard LEGAL DESCRIPTION: See Attachment "A" PARCEL NUMBER(S): 19-29-15-00000-430-0100 SIZE OF SITE: 3.59 acres FUTURE LAND USE CLASSIFICATION: PRESENT: RM and P ZONING CLASSIFICATION: PRESENT: B PROPOSED TEXT AMENDMENT: N/A (use additional paper if necessary) REQUESTED: R/OS and P REQUESTED: OS/R and P I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my/(our) knowledge. ,'lam,-., ~~/-`ii, .1~<<, .fir r~7 Signatu',re of Qroperty owner or~epresenta~1~ ve Signa#ure of property owner or representative STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this day of A.D., 20 to me by ,who is personally known has produced as identification. Notary public, my commission expires: ci ri This Future Land Use Map amendment and rezoning application involves one property developed as ~ parks and recreation use. The subject property is located on the east side of Gulf Boulevard approximately 7,410 feet south of Clearwater Pass Bridge. The property has a Future Land Use Plan (FLUP) category of Residential Medium (RM) and Preservation (P) and has been governed by a Settlement Stipulation. The property has a zoning designation of Business (B) District. The City of Clearwater is requesting to amend the FLUP category of Residential Medium to Recreation/Open Space (R/OS) and rezone the portion of the property that has the RM designation to Open Space/Recreation (OS/R) District and the rezone the portion of the property with the P designation to the Preservation District.. The R/OS category permits recreation facilities and open space with Floor Area Ratio (FAR) of 0.25 and a maximum Impervious Surface Ratio (ISR) of 0.60. The P category primarily protects environmental areas from development. The P category permits an FAR of 0.10 and an ISR of 0.20. The City dissolved the B District ii: Y972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (case no. 78-4765-7) in the Circuit Court for Pinellas County). The resulting Settlement Stipulation restored the dissolved B District for the subject properties and three other locations on Sand Key for a period of twenty years. The Settlement Stipulation governed ,the intensities and densities on the subject property. The subject property is a portion of "Parcel I," as listed in the Settlement Stipulation. Section 10 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop an additional 80 residential dwelling units. on Parcel I, or a total of one hundred forty-four (144) residential dwelling units. The developlllent of Para.ei i Sjiaii be ii-1 siibstautiai accordance with any of the alternative schematic site plans prepared by Community Design Corp. and dated August 28, 1986, which are attached hereto as Exhibits "A-1" through "A-3" and hereby incorporated by reference. Plaintiffs shall not be restricted to utilizing the existing foundation for the construction of the additional eighty (80) units permitted pursuant to this Settlement Stipulation. Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. The City is obligated assign consistent future land use and zoning designations to be consistent with the. Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code shall be consistent with S:1Planning DepartmentlC D B1Land Use AmendmentslLUZ 20081LUZ2008-05002 -1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 2 of 9 ~ ~~ the City's Future Land Use l~iap and Comprehensive Plan. The B District is not listed in the City's FLUP of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP. The OS/R District is listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the R/OS FLUP designation and the Preservation District is consistent with the P FLUP category. The subject properties are larger than the minimum required lot area and lot width for the existing uses in the OS/R and Preservation District. The existing uses on the property are permitted uses in the OS/R and Preservation District. Standards for Review 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan= Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.1 Policy -Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR -floor area ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. 27.4 Objective -Preserve natural open space areas which constitute aesthetic and/or ecological community assets. 27.4.3 Policy -Continue to designate appropriate land "Preservation" -and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. The Open Space/Recreation (OS/R) District is consistent with the City's FLUP for Recreation/Open Space (R/OS) and is consistent with the City's Comprehensive Plan. The Preservation District is consistent with the City's FLUP for Preservation (P) and is consistent with the City's Comprehensive Plan.. The previous designation of "Business District" does not exist, therefore, cannot be consistent. The proposed zoning atlas amendment is not 'in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The Plan is consistent with all applicable provisions of the Comprehensive Plan. S:\Planning DepartmentlC D 61Land Use AmendmentslLUZ 2008\LUZ2008-05002 -1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 3 of 9 ~~ c~ 3. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. Immediately to the north of the subject property is 1501 Gulf Boulevard, an attached dwelling use. The property has zoning designations of Business (B) with an underlying Future Land Use Plan (FLUP) designation of Residential Medium (RM) and Preservation (P). The RM FLUP permits 15 dwelling units per acre and the P FLUP protects natural features with a Floor Area Ratio of 0.10. The City is in the process of rezoning this property to Medium Density Residential (MDR) and Preservation: To the east is the Intracoastal Waterway. To the south of the subject property is 1581 Gulf Boulevard, an attached dwelling use. The property has FLUP of Residential High (RH) and has a zoning designation of High Density Residential (HDR). To the west, the Ultimar I, II and III are attached dwelling uses with zoning designations of Business (B) and Open Space/Recreation (OS/R) and FLUP designations of Residential High (RH) and P. The City is in the process of rezoning the B portion of these properties to High Density Residential (HDR). The historic use on the property is compatible with the uses permitted in the OS/R District and Preservation District and R/OS and P FLUP categories. The permitted uses in the OSlR and P Districts are compatible with the surrounding uses. Section 2-1401 of the Community Development Code, titled "Intent and purpose" states: "The intent and purpose of the Open- Space/Recreation District is to establish areas where public and private organizations can establish and operate passive and active open space and recreation facilities which are important to the quality of life and economic vitality of the Ciry of Clearwater without adversely .impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater." Section 2-1501 of the Community Development Code, titled "Intent and purpose" states: "It is the intent and purpose of the Preservation District to protect the waters, waterways and coastal wetlands of the Gulf of Mexico and Tampa Bay and noncoastal wetlands, environmentally, sensitive palustrine, lacustrine and riverine areas, natural and artificially made interior bodies. of water and other submerged lands. through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations." The OS/R and Preservation Districts are consistent with adjacent districts and the historic use of the property is permitted in the OS/R and Preservation Districts.. . S:1Planning DepartmentlC D B1Land Use AmendmentslLUZ 20081LUZ2008-05002 -1551 Gulf Boulevard -City of ClearwateHLUZ2008- 05002 Application.doc Page4of9 ~~ ~ ~ 4. Sufficient public facilities are available to serve the property. The underlying future land use category of the property is Residential Medium (RM). The RM category permits 15 dwelling units per acre. The proposed R/OS and P Districts permit no residential uses. This will amendment will reduce the amount of infrastructure capacity needed to serve this property. The City has adequate infrastructure capacity to serve this property. The City has adequate water, wastewater, solid waste and recreation and open space capacity to serve this property. The mass transit level of service will not be affected by this request. S:IPlanning DepartmentlC D 61Land Use AmendmentslLU2 20081LU22008-05002 -1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 5 of 9 Roadways ~ ~. Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 7`h Edition. The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South Gulfview Boulevard an LOS of A. The traffic analysis above compares the uses permitted by the Settlement Stipulation; the existing uses of the subject property, and the. maximum development potential allowed by the proposed OS/R and Preservation Districts and R/OS and P FLUP categories. Based on the ITE Trip Generation Manual, a parks and recreation use developed at the absolute maximum intensity in the OS/R and Preservation Districts and R/OS and P FLUP categories (3.59 acres) would not change the number of daily trips to Gulf Boulevard. Mass Transit The Citywide LOS for mass transit will not be negatively affected by the proposed future land use map amendment. The total miles of fixed route service will not change;. the subject site is located along an existing transit route and headways are less than or equal to one. hour. Pinellas Suncoast Transit Authority's Suncoast Beach Trolley service is available. along Gulf Boulevard. S:1Planning DepartmentlC D B1Land Use AmendmentslLUZ 20081LUZ2008-05002 -1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application:doc Page 6 of 9 2 =This property is only a portion of Parcel I as listed in the Settlement Stipulation '2 = Institute of Tra.,Sp.^,::at;.^.n ~ ns'u^ieer'S Tiip viii2raiivii 7 ~ ~diildrt iarld V Je `F 1 1 (~~ Water l~ This future land use map amendment reduces the density and intensity permitted on the subject property. The City has adequate water capacity to serve the subject property. Wastewater This future land use map amendment reduces the density and intensity permitted on the subject property. The City has adequate wastewater capacity to serve the subject property. Solid Waste This future land use map amendment reduces the density and intensity permitted on the subject property. The City has adequate solid waste capacity to serve the subject property. Recreation and Open Space The subject property is a parks and recreation use. This future land use map amendment will protect the subject property from being redeveloped as residential uses. 5. The amendment will not adversely affect the natural environment. Habitats In addition to the developed areas, which include tennis courts, playground, walking trail, parking lots, and maintained landscaping, two natural habitat types also occur within the project limits. These natural habitat types are Mangrove Forest and Exotic Forest Wetland and are described below. iviangrove Forest: This habitat type is a dense forested swamp that occurs along low-energy shorelines and in protected tidally influenced bodies of water. This swamp community is usually dominated by red, black, or white mangroves, with openings and transitional areas vegetated salt marsh species. Within the project area, Mangrove Forest occupies 0.59 acres or 10% of the site. This habitat type is located on the east side of the project limits, bordering Clearwater Bay. The Mangrove Forest becomes inundated with saltwater during high tides. The forest is composed of black mangroves and the edges are vegetated with saltwort, glasswort, and salt grass. Several walking paths are located in the Mangrove Forest and are used by fisherman. Exotic Forest Wetland: This habitat type is a wetland dominated by non-native trees and other vegetation that were planted or escaped and invaded native plant communities. Within the project area, Exotic Forest Wetland occupies 0.39 acres or 7% of the site. This wetland is a narrow strip of vegetation located between developed areas and the Mangrove Forest. Plant species observed during field reviews include Australian pine and Brazilian pepper. S:IPlanning DepartmentlC D B1Land Use AmendmentslLUZ 20081LUZ2008-05002 -1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 7 of 9 ~• ~ ~ Listed Species Based on field observations and agency database reviews, it was determined that a total of nine state and federal listed plants and thirty-two state and federal listed animal species occur or have historically occurred in Pinellas County. Of these species, it has been determined that ten animal species have the potential to occur within the project area. These species are presented in Table A and are discussed below. A white ibis (Eudocimus albus) and brown pelican (Pelecanus occidentalis) were observed during field reviews. In addition to these two bird species, nine other species have the potential to occur within the project area. Eastern indigo snake (Drymarchon couperi), limpkin (Aramus guarauna), little blue heron (Egretta caerulea), reddish egret (Egretta rufescens), snowy egret (Egretta thula), tricolored heron (Egretta tricolor), bald eagle (Haliaeetus leucocephalus), and roseate spoonbill (Platalea ajaja) have the potential to nest or forage within the mangrove forest or exotic forest wetland. Impacts After review of the project area, the City of Clearwater does not anticipate any environmental impacts to occur because of changes in land use from Residential Medium to Recreation/Open Space and Preservation. The future land use amendment is not anticipated to affect coastal habitats, water quality, water quantity, or threatened and endangered species. The City of Clearwater does riot anticipate any environmental impacts to occur because of rezoning from Business to Open Space/Recreation and Preservation. The rezoning is not anticipated to affect coastal habitats, water quality, water quantity, or threatened and endangered species. S:1Planning Department\C D B\Land Use AmendmentslLUZ 20081LU22008-05002 -1551 Gulf Boulevard -City of ClearvvaterlLUZ2008- 05002 Application.doc Page 8 of 9 '1'A13L1~. A LISTED SPECIES'$/1~NTIALLX OCCURRING WITHIN~;~ PROJECT AREA •. • Reptiles Eastern indigo snake Drymarchon couperi Threatened Threatened Low Birds Limpkin Aramus guarauna Special Concern NL Medium Little blue heron Egretta caerulea Special Concern NL High Reddish egret Egretta rufescens Special Concern NL Medium Snowy egret Egretta thuta Special Concern NL High Tricolored heron Egretta tricolor Special Concern NL High White ibis Eudocimus albus Special Concern NL High Bald eagle Ha/iaeetus /eucocepha/us Threatened NL Medium Brown pelican Pelecanus occidenta/is Special Concern NL Hi h g Roseate spoonbill Platalea ajaja Special Concern NL High ~ As reported by the Florida Natural Areas Inventory "Species and Natural Community Summary for Pinellas County." http:iiwww.fnai.org. 2008. Z Animal species listed by the Florida Fish and Wildlife Conservation Commission pursuant to Rules 39-27.003, 39-27.004, and 39-27.005 F.A.C. ''As listed by the U.S. Fish and Wildlife Service in 50 CFR 17. NL=Not listed. 4' Ratings are low, medium, and high based on field observations and FNAI elemental occurrences. Ratings based on presence of suitable habitat as follows: Low - Suitable habitat present in project study area but no record of occurrence within one mile of project study area and species not observed on site, Medium -Suitable habitat present in project study area and historical record of occurrences within one mile of project study area, and High -Suitable habitat present in project study area and species observed on site or known to currently exist within one mile of project study area. 6. The amendment will not adversely impact the use of property in the immediate area. The historic uses on the property are permitted uses within the OS/R and Preservation Districts and compatible with the area. There is a restaurant and many high-rise, high-density condominium developments in the vicinity. The uses permitted in the OS/R and Preservation Districts will not adversely or unreasonable affect the use of other property in the area. S:1Planning DepartmentlC D B1Land Use AmendmentslLUZ 20081LUZ2008-05002 -1551 Gulf Boulevard -City of ClearwaterlLUZ2008- 05002 Application.doc Page 9 of 9 § 2-1304 COMMiJNITY DEVELOPMENT CODE 3. The design and construction of the tele- communication tower complies with the standards in Article 3 Division 21. (Ord. No. 6417-99, § 7, 8-19-99; Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6680-01, § 6, 4-5-01; Ord. No. 7106-03, § 6, 9-18-03; Ord. No. 7413-05, § 13 5-5-05; Ord. No. 7605-06, §§ 15, 16, 4-20-06) DIVISION 14. OPEN SPACE/R.ECREATION DISTRICT ("OSR") Section 2-1401. Intent and purpose. The intent and purpose of the Open Space/ Recreation District is to establish areas where public and private organizations can establish and operate passive and active open space and recreation facilities which are important to the quality of life and economic vitality of the City of Clearwater without adversely impacting the in- tegrity of adjacent residential neighborhoods, di- minishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Section 2-1401.1. Maffimnm development po- tential. The Open Space/Recreation District ("OSR") may be located in more than one land use cate- gory. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the OSR. District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Desig- nation of the property. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Land Use Units per Acre Area Ratio/Imper- Designation of Land uious Surface Ratio Recreation/Open N/A FAR .25/ISR .60 Space Section 2-1402. Minimum standard development. The following uses are Level One permitted uses in the OSR District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1402. "OSR" District Minimum Development Standards Min. Lot Area Min. Lot Max Height Min. Of j` Street Use (sq. ft.) Width (/~.) Min. Setbacks (ft.) (f l.) Parking Front Side Rear Open Space n/a n/a n/a n/a n/a n/a 1 per 40,000 SF land area 1 per 20,000 SF land area or as determined by the community Pazks and Recreation Facilities n/a n/a 25 20 25 30 development coordinator based on ITE _ 1Vlanual stan- dazde (Ord. No. 6526-00, § 1, 6=15-00) Section 2-1403. Fle~ble standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Errata CD2:118 ~~ § 2-1404 f~ COMMUNITY DEVELOPMENT CODE c. The design, scale and intensity of the proposed development supports the established or emerging charac- ter of an area; d. In order to form a cohesive, visually interesting and attractive appear- ance, the proposed development in- corporates asubstantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, rail- ings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. coastal wetlands of the Gulf of Mexico and Tampa Bay and noncoastal wetlands, environmentally sensitive palustrine, lacustrine and riverine ar- eas, natural and artificially made interior bodies of water and other submerged lands through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations. Section 2-1501.1. Ma~mum development po- tential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential aof a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Fu- ture Land Use Designations that apply to the P District are as follows: e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate dis- tances between buildings. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 7106-03, § 7, 9-18-03; Ord. No. 7413-05, § 14; 5-5-05; Ord. No. 7605-06, §§ 17, 18, 4-20-06) DIVISION 15. PRESERVATION DISTRICT ("P°) Section 2-1501. Intent and purpose. It is the intent and purpose of the Preservation District to protect the waters, waterways and Countywide Future Maximum Dwelling Maximum Floor Land Use Units per Acre Area Ratio /Imper- Designation of Land vious Surface Ratio Preservation N/A PAR .10/ISR .20 Section 2-1502. Fle~ble standard develop- ment. -The following uses are Level One permitted uses in the Preservation District subject to the minims standards set out in this section and other applicable provisions of Article 3. Table 2-1503. °P.' District Flexible Standard Development Standards Use 'Min. Lot Size (sq. f ~.) Min. Lot 4Vadth (/I.) Min. Setbacks (f t.) Max Height (ft.) Min. OfjStreet Parking Front .Side Rear Marinas 10,000 100 25 10 15 30 1/slip Outdoor Recreation/Entertainment 10,000 100 25 10 15 30 5/50,000 sq. ft. Land Errata ~ CD2:118.4 e- :, ,- - ,off I ~e ~_r _ ~~ ~orpor~te 1Yarrallty Heed 71t1s Indenture, made this 22nd day of March , A.D. 19 9 6 Between CLEARWATER KEY SOUTH-BAY 1501 CONDO ASSOCIATION, A/R/A CLEARWATER KEY ASSOCIATION - SOUTH BAY, INC. whose post office address is: 1501 GULF BLVD. , SUITE 306 CLEARWATER, FL 34630 a corporation e:dsiittg under the laws of the State of Florida Grantor and CITY OF CLEARWATER, FLORIDA A Municipal Corporation of the State of Florida whose post office addreu is: p. O. BOX 4748 CLEARWATER, FL 34618-4748 C/0 CITY ATTORNEY PINELLAS COUNTY FLA. OFF.REC.BK 9288 PG 1893 Witnesseth, that the said Grantor, for and in consideration of the sum of ( $10.00 ~ Dollars, to it in band paid by the said Grantee, the receipt whereof is hereby acknowledged, bas granted, bargained and sold to the said Grantee forever, the following described land, situate, Eying and being in the County of Pinellas ,State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF Doeumennry Tax Pd. t ^ O ~ Intangible Tax Pd. Karlsen F. De 8laker, Clerk, Pinellas County gym Deputy Clerk SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD AND GENERAL TAXES FOR THE CURRENT YEAR AND THEREAFTER. Parcel X19/29/15/78643/000/0000 And the said Grantor does hereby fully warrant the title to said land, and will defead the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said Grantor bas caused this instrument to be executed is its name by its duly authorized officer and caused its corporate seal to be affuced the day and year first above written. Sign~ed~and~~Sealed in Our Presence: "'m` Marie LaBarbera -~~ CLEARWATER REY SOUTH-BAY 1501 CONDO ASSOCIATION. A/K/A C~LEjAfRWA~T~ER KEY~(A~SS~OCIATION - SOUTH. BAY, IT; BY-- SL~iv iY ~E~~~E.9~~ - U JOHN SCHAFFER/~ ~ ftt VICE-PRESIDENT **a/k/a JOHN W. SCRAPPER },,~: (Corporate Scal) Audrey ochester State of FLORIDA County of PINELLAS The foregoing instrument was acknowledged before me this 22nd day of March 19 9 6 , b;• JOHN SCHAFFER, VICE-PRESIDENT of CLEARWATER KEY SOUTH-BAY 1501 CONDO ASSOCIATION, A/K/A CLEARWATER KEY ASSOCIATION, SOUTH BAY, INC. a corporation existing under the laws o[ the State of Florida , on behalf of the corporation. He/She is personally kaowv to me or has produced drivers license as identification. ,O- / This instrument prepared by: pnN, - >" ~• ~• PINELLAS COUNTY FLA. OFF.REC.BK 9288 PG 1894 EXHIBIT "A" From the Southeast corner of Section 19, Township 2~ South, Range 15 East for a point of reference; thence N.89 04'07"W. along the south boundary of said section 2,293.45 feet to a point on the centerline.of.Gulf Boulevard (a 50.00 foot half right of way) thence along said line by the following three courses: N.31°58'20"E. 826.95 feet to a point of curve; along the arc of a curve to the left radius 1,909.86 feet, arc 304.27 feet, chord bearing N.27 24'30"E. 303.95 feet, delta angle of 09°07'41" to a point of tangency; N.22°50'39"E. 71.06 feet; thence leaving said line.S.67°09'21"E. 146.52 feet; thence S.18 09'21"E. 36.77 feet to the POINT OF BEGINNING; thence S.67°09'21"E. 72.99 feet to the face of a concrete seawall; thence along said seawall 5.23°18'17"W. 83.19 feet; thence N.18°09'21"ii. 110.23 feet to the POINT OF BEGINNING. 9C?55126 IYK 03-26-19% IOt21~17 REOD~I16~f ~~R _. ,. IOC ST1MP -1821! 3 0241.30 TOTII.t 0252.00 OECi( WIi.1D®fRE/s f252.Q0 C~YIf0~: 0.00 File No: 96-17438 i ~ ~• ~~ PAZ ~~~~~ ~~~-0>~ ;#`ram the 9o~heaet. corgi of ~btat~vh ~, ~i South, Rase <is saes >1'ar 'a point cf rbferett~ ther~!ll~~~~'Q7•rN; along *,~ eoutla baamdafury of said eeCtiCaf ~; ~~g3 . ~- lCa4eE t~ a point aa- thll ~elnteritae q! aul~ 8t-ti>;lava~d Cn SO.OO fcyot f right of Kay} '~hesaoe al~plg Bald line by ,the Ita11 three comsesl ~t.31°~8'=0~$. e¢f.9J Beet to a po~iit of cut<v+m= a~ the arc of eurre~ ~ bhe lett radius 1, 969.86 feet, ac'Q ~ . S~'Y feet, chozd az'ing.P,s7•Z4'l4~.~ 303.95 feert, Qe~gt ~ A!•07'41• to a izlt di ~~ P.21"50'39"$.. ?i.0'~ l~-1..los leaving said itle e..6?~48'• 21'8.. 146.52 feet ~ ~e>xaa $. ~. ~ . 77 feet to the ..POTla'P 0'~ ~II~ZIQt~s thence sti89.08' Si+~. 'R3. !`Aet to the face of a aancz~ete eeawallJ thenee.dle~g grit seaMall.e.s3°18'17"x. 83`.19. >*ee41 thence IQ. 18°0'9' 2'i"19. 110.23 !'eai to the POINT OF $Ef~1ZQI0'IfQG.. !Ccntnsning o . a7 acres, more or lees . NOTES CONTINUED: 3. 3l~JEC?.70 A 11Y.FLORIDA POWER DISTRIBUTIONEA~~NT var. s FeCy SIpE OF THE FACRJTIES AS RECORDED IN O.R. BOOK 5531, PAGE 1031 OF 1'HE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 4. SUBJECT TO TRUSTEE OF THE INTERNAL IMPROVEMENT FUND DEED RECORDED IN DEED BOOK 1 PAGE 351, PUBLK: RECORDS OF PINELLAS COUNTY, FLORR)A. 5. LEGAL DESCRIPT WAS PREPARED BY CUMBEY d, FAIR, INC. 8. EASEMENTS DEPICTED HEREON REFLECT NATIONS TITLE INSURANCE OF NEW YORK, INC. COMMITMENT NO. 1E-008419 DATED 131-96 AS PREPARED BY COASTAL BONDED TITLE COMPANY OF CLEARWATER. 7. ALL DISTANCES ARE RECORD AND MEASURED UNLESS OTHERWISE NOTED. ..... __ ,.. _._ ,. CON>SULT1~1 ~` _ 1~. iE:~1E~ l1~L'$ 2469 ENTERPRISE ROAD, CLE~RN-Ai'ER, FLOpIpA 34623 80ALE 1'~= ~ BATE 2~ I ~~~(p D~.$ CNk .~08 No.{)ep~ ~F :~ ' ~~ ~ • 1~ T~Ipi z°~ S. Rng. 15 E. D6LT4 ~ 07=p7',M" Rbi~ilJ~ - 19f~1.6/e' AizG = 3aut.27' Z Be~• 3o~S.%S' Bea fb£:11tLNJu•u27'L4~J~o'E ew~e~.t.lr= o ~ my6tr _ se.,._wacv. Job No. 011~'7°~ Sfi'T=o%2~ ti ~ f4(o.52' ~1 '~~ 'S S18'e~j Zi"+G ZO o to m P.ol~ ,~ ~~ 56~, ~ 2j.. - vp 0~. ~ "''~ Ns ~"~ ~~a~ if36TMaw 1,. ~!TMdkST aolNf:Y eF ~~CT~eN ~, i ~N~_ Ft~ aef~~ Flo~aa Wrr}I R Bur fN o ~caw-u- SHEET I ot= ! LEGEND: Notes: '~~ iCM - Found Contrcfe Mbnumenf 4'r4" LS 2607 (P) = Plotted 1. BoaAnQs an Dosed on the.South Boundary of F7R -Found iron Rad (M = Meoaured SoCtlon 18 Tbwnah 29 a Ra FC/R - Found Copped /ion Rod I/2' LB 2ffi8 (F/ -Field ~jd UM ~n N.~~~h' ~ 1S oast, SCIR -Sat Copped /ron Rod f/?- LB. ~fti8 (R) = Rodio/ 2. Elevotiona ore Dosed on N.G.V.D. Datum of 1 1/C -Air Condif/oner and Contrcfe Poe (C) - Co/eu/ofed PCP = Permonenf Control Point f700. =Found Mean Seo Level = 0.00. PC = Point o1 Currofurc x 2J.4f fleroflon CB =Chord Beoring R T1ow Une TC =Top o/ Curb =Contrcfe ' CERTFR~ TO: CRy of Clearwater, Florldf' T MINIMUM Natfona TNIe hnurance Company of New Yor14 Inc TECHNICAL STANDARD AS SET FORTH BY THE FLORIDA' BOAT Coaa1N Bonded TRIe If~au-anee Company of OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPT Clearwater ff1GT7.0, FLORR)A ADMINISTRATIVE CODE, PURSUANT TO SECTN 4'72.027, FLORIDA STATUTES THS 8URYEY NOT YAlO UllES8 BPRRIiEp BATH AN,E16088FD BEAT NUD/FIA F.I.R.M. COMMUNITY PANEL N0. 12'r . 00 TYPE pF, SURVEY __ , . , .D_ATE ...; ~~.TYFE ,OF $URVf PROP. HOUSE IOC. FpI~L HOUSE STAKEOUT Uf+I)~TE - VACANT oY,.,.,-...~_, DATEo- Jw.l~ l I°.~8'J zof~ A-i t (sue I l) ..DATE.. ,-'CUIIy1BEY`.:.,$.:. FAIR~`_= INC. -: _.:~._ .. ENGiNEERfNG ® LAND SURVEYING 2163 ENTERPRISE ROAD 13J91e CLEARWAIER, (=LORIDA 34623 CLWR.7f17-8982 TPA. 223-4333 t~ ~~ ~~ C~~p~ Made this ~02~ day of _ , A.D. 1996 by the . .. ., .. " ' ~ '•: _- '. CITY OF CLEARWATER, FLORIDA, .~ _ a Municipal Corporation of the state of Florida -• - .•.-. •• ~ .. -.-... _.... .. hereinafter called the Grantor, to CLEARWATER REY ASSOCIATION - SOUTH BAY, INC., `` a Florida Corporation whose Post Office address is: 1501 Gulf Boulevard, Unit 804, . .-• - - Clearwater, Florida 34630, hereinafter called the Grantee: . ~ (M3mcvu u,cd lc.cm h wn '~nww' .d'tno~rc' ocluee .u me p.niu b mu mswnml .n2 do 1cin, iqJ rtpicsrnt.ti.e ,ne ...fin. d menieu.L, aoe A[ arwwn and nujna d Witnessetn, that the grantor, for and in consideration of $10.00 . _ and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain parcel of real property situate in Pinellas County, Florida, viz: A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO. Together with all the tenements, hereditaments and appurtenances .. thereto belonging or in anywise appertaining. IN COMPLIANCE PITH SEC. 2.665, CODE OF ORDINANCES OF THE CITY OF- .. .. - CLEARWATER, FLORIDX, THE PARTZ_ES ESPRESSLY COVENANT AND AGREE AS FOLLOWS: A. Neither Grantee nor any successor grantee in title or interest shall use the property described herein for any purpose or purposes for which ad valorem property tax exemption would be available. a. Application by the Grantee, or any successor grantee in title or interest, to the property appraiser of Pinellas County, Florida, for ad valorem tax exemption shall cause title to the property described herein to revert to the City of Clearwater automatically as of the date the application is filed and regardless of whether the application is ultimately granted or denied. C. This restriction and reverter shall run with the land and reverter hereunder shall be to the City absolutely and not to any intervening owner of the property. D. All subsequent deeds or other instrument of conveyance _ shal:],...contai,n th~.,,xea~r~.ctaon, _;:.~;~hs :restrct~on..,and. reverter,:~.._.._.. ,.e,,..: _,.F, ~~ ~ shall run with the~land in perpetuity. .. _ ~ To Have and to Hold, the same in fee simple forever. Fage 1 of 2 .. ~ ~~ Subject to nondelinquent ad valorem taxes and current installments - of special assessments not yet due and payable, to highways, rights-of-way, mineral reservations, licenses, easements and restrictions of record gEnerally, zoning ordinances and other governmental limitations, or others which might be disclosed by an '~ ~~ accurate inspection and architectural survey. ••. _ And the said Grantor does specifically warrant the title to said • land and will defend the same against the lawful claim of all persons claiming by, through or under Grantor except taxes for the ~~, year 1995 and subsequent, and subject to the matters hereinabove mentioned. t. .. -'~ In Nitness whereof, the grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto • affixed, by its proper officers thereunto duly authorized, the day . '. and year first above written. - Countersigned: CITY OF CLEARWATER, FLORIDA By: y ita Garvey Eli et M. Deptula Mayor-Commissione City Manager Atte t: c G . Cy hia E. Goudeau, City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this~day of , 1996. . _ DEMSE A Y17L$ON otary Publ c r-rcotier~ss~r+~a:ouaeo~-~s PrintJtype name: '':,,~~.~~ ,~,TM~~ ~„~,~ ~ STATE OF FIARIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this~day of , 1996. ~,r.~. OENISE A WHSON otary Pub i ~~'caun ~i~a~wso~s Print/type name' ~" r ` eo~omnaumn~rar.auw¢~a Approved as to form and legal sufficiency: J n Carassas, Assistant City Attorney Page 2 of 2 f~ ~~ ~~. -~~ ~ ::~ =F;.--: ;~.+< Sec. t 9 . Twp. 29 S Rnp. t 5 E - - N 31'58.2. ' a7iI~3IT nAtl 926.95 t. CENTER rNf ~ N 2750'J9'C CUCF BOUI[yq~ )1,06' . _ : _ R = 1909.86' a . .. .. e ~ o9'or,r . ~~ Z C ~ 303.95' ~o `'; ~~ C.B. ~ N 272.'30 E GULF BLVD. °o,N . mo ' ~' CON p'39" E ----.__ ... ~ oy0 0~ 27.75• w~LK ~~ F.c.I.R. 1/2" P.o.e. o,~ ~ LB. 2168 F.LR. /2" N ~ n V: '~ - i0 _. !n Di SOUTHEAST CORNER y Or SECTION t9-29-t5 ~• UCHT ~ ~ POLE ~ ;` ~ ..- N -J N O ~ j U O ~ 0 N 'i 2 ' ' .. _- ~ ~ A Z A n C - ^Q~ ~ m . ~ ~~ ! Z F.I.R. ter 20 10 0 20 ~ o (wITNESs _~ .~~ CORNER) o SCALE IN FEET N 1 ;~ .. .. .... o s ~ro191 ~~ 1 STORY ~ 1JASONRY ~~ r ~' S BUIlD1NG -- ~ C' ~jP o,~ y. ." y~s- !. ~ ~~ .m '~ ~~~~ e~ LEGAL DESCRIPTION , CITY OF CLEARWATER TRANSFER TO ' SAND KEY CONDOMINIUM SOUTH BAY - 1501 GULF BOULEVARD From the Southeast corner of Section 19. Township 29 South. Range 15 Eost. for o point of reference; thence N.89'04'07"W., along the South boundary of soid Section 19. 2293.45 feel to o point on the centerline of Gulf Boulevard (a 50.00 foot half right of way); thence along soid fine by the following three (3~ courses: (1) N.31'S8'20f'E.~ 826.95 feet to o point of curve; (2) along the arc of soid curve to the left. having o radius of 1909.86 feet. on arc of 304.27 feet, o chord bearing and d~stonce of. N.2T24'30"E.~ 303.95 feet and o Bello angle of 09'07'41" to a point of ton~ency; {3) N.2750'39"E.. 71.06 feet; thence ::~. - ~;_~ . :,-a, .~.leoving soid.:fine,.~,S.6T0,9',21 E.; .50:00.-:, feei.- o.=:o,: point on ihe,-Eost.eriy :cighi : of ~ - -- way Gne of soid Gulf Boulevord and the POINT Of BEGINNING; thence continue S.6T09'21"E.. o distance of 96.52 feet; thence S.18'09'21`E. 36.77 feet; thence N.6T09'21'W,. 120.64 feet to soid right of way line; thence obng soid right of way" Gne~ N.2750'39"E.. 27.75 feet to the POINT OF BEGINNING. ' rnnlnin:nw A !-7 nnraa. ..nnr~ nr Ince ., t • T,`Vi77T?iii` il~)II 7 j I/~~ -\\ cEL ~1 ~q ~~ O:. L~ ' ~ .... ._ ~ _ "°z~ _ . ~~ ~~ .... ~ .~ • CDB Meeting Date: September 16, 2008 Case Number: LUZ2008-05002 Applicant: City of Clearwater Address: 1551 Gulf Boulevard Agenda Item: D4 CITY OF CLEARWATER PLANNING DEPARTMENT REVISED STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Residential Medium (RM) Classification to the Recreation/Open Space (R/OS) Classification; and (b) Rezoning from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts. SITE INFORMATION PROPERTY SIZE: 3.87 acres mot PROPERTY USE: Current Use: Park Proposed Use: Park PLAN CATEGORY: Current Category: Residential Medium (RM) and Preservation (P) Proposed Category: Recreation/Open Space (R/OS) and Preservation (P) ZONING DISTRICT: Current District: Business (B) Proposed District: Open Space/Recreation (OSlR) and Preservation (P) EXISTING SURROUNDING USES: North: Multifamily residential (attached dwellings) South: Multifamily residential (attached dwellings) East: Intercoastal Waterway West: Multifamily residential (attached dwellings) Community Development Board -June 17, 2008 LUZ2008-05002 -Page 1 of 8 Revised Staff Report ANALYSIS: This future land use plan amendment and rezoning application involves property comprising approximately 3.87 acres in area and is known as Bay Park on Sand Key. It is located on the east side of Gulf Boulevard, approximately 200 feet north of Marina Del Rey Court. This property has future land use plan classifications of Residential Medium (RM) and Preservation (P) and a zoning designation of Business (B). The City is requesting to amend the future land use plan designation of the portion of the site designated Residential Medium (RM) (2.47 acres) to the Recreation/Open Space (R/OS) classification. It is also requesting to rezone the 2.47 acres to the Open Space/Recreation (OS/R) District and to rezone the remaining 1.4 acres of the site to the Preservation (P) District to correspond with the existing underlying Preservation (P) future land use plan category boundaries. This property, along with several others on Sand Key, was the subject of a lawsuit filed against the City of Clearwater by the United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (Case No. 78-4765-7) in the Circuit Court for Pinellas County) after the City dissolved the Business (B) District in 1972. The resulting Settlement Stipulation has governed allowable uses and development potential on the properties; however, the property has been designated as Business (B) on the zoning atlas. The Settlement Stipulation identified the subject site as a portion of Parcel I. The property adjacent to the north, the South Bay Condominiums (1501 Gulf Boulevard) comprised the remainder of Parcel I (see Case REZ2008-05005). Section 10 of the Stipulation specified that an additional 80 residential dwelling units could be developed on the Parcel I, or a total of 144 residential dwelling units. The Settlement Stipulation expired on October 17, 2006 and at that time the City became free to regulate the use of all properties involved in the lawsuit. The City is currently proposing to assign valid zoning designations to all four parcels governed by the Stipulation as the Business (B) District is not a specific zoning district identified in the Future Land Use Element of the Comprehensive Plan or in the Community Development Code. Pursuant to Florida Statutes Chapter 163, the City must bring consistency between the future land use plan and zoning atlas. In accordance with the Countywide Plan Rules, the 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 and the proposed future land use plan classification, review and approval by the Florida Department of Community Affairs is not required. Community Development Board -June 17, 2008 LUZ2008-05002 -Page 2 of 8 Revised Staff Report • I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4- 602.F.1 ] 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: 3.2.1 Policy -Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR -floor area ratio; ISR -impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. .Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. 27 Goal -The develop a system of open spaces, parks and recreation facilities which are designed for the maximum satisfaction of the recreational needs of Clearwater's residents and tourists. 27.4 Objective -Preserve natural open space areas which constitute aesthetic and/or ecological community assets. 27.4.3 Policy - Continue to designate appropriate land "Preservation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. Recommended Conclusions of Law The proposed future land use plan designation of Recreation/Open Space (R/OS) reflects the current use of the property and provides more protection for the park than the existing designation of Residential Medium (RM), which allows for residential development at 15 units per acre. The Recreation/Open Space (R/OS) designation furthers the City's policy of continuing to designate land for recreation/open space uses. The proposed plan amendment is therefore not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Recreation/Open Space (R/OS) category, as specified in Section 2.3.3.7.2 of the Countywide Rules, is to depict those areas of the County that are Community Development Board -June 17, 2008 LUZ2008-05002 -Page 3 of 8 Revised Staff Report • now used, or appropriate to be used, for open space and/or recreational purposes; and to recognize the significance of providing open space and recreational areas as part of the overall land use plan. The Recreation/Open Space (R/OS) category is generally appropriate to those public and private open spaces and recreational facilities dispersed throughout the County; and in recognition of the natural and man-made conditions which contribute to the active and passive open space character and recreation use of such locations. The property's prime waterfront location provides the public with access to man-made and natural amenities that provide active and passive recreational opportunities to the public. 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 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact Sand Key is a barrier island developed with a variety of residential and overnight accommodation uses. Large lush landscaped properties, high-rise condominiums towers, townhouses and. resort hotels characterize this area of the City. A large County park is located on the northerly tip of the island, which provides a significant open space and public beach. Sand Key is generally characterized by four future land use plan categories. They include Resort Facilities High (RFH), Residential High (RH), Residential Medium (RM) and Recreation/Open Space (R/OS). The corresponding zoning districts are Tourist (T), High Density Residential (HDR), Medium Density Residential (MDR) and Open Space/Recreation (OS/R). The subject site is surrounded to the north, south and west by attached dwellings and planned for medium and high density residential uses. Recommended Conclusions of Law The proposed future land use plan and zoning designations are in character with the overall future land use plan and zoning designations found in the area. They are compatible with surrounding uses and complimentary with the character of the immediate surrounding area and neighborhood. Community Development Board -June 17, 2008 LUZ2008-05002 -Page 4 of 8 Revised Staff Report IV. SUFFICIENCY OF PUBLIC FACILITIES ~~ Recommended Findings of Fact As stated earlier, the overall subject site is approximately 3.87 acres in area and is occupied by a City park. The purpose of the proposed application is to protect and maintain the park and reflect its intended long-term use. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed future land use plan categories and are included in the following table. MAXI1VIiT1VI POTENTIAL TRAFFIC Gulf Boulevard: Belleair Causeway to Current Existing Proposed Net New Gulfview Boulevard Situation. Planl Plane Tri s Maximum Daily Added Potential Trips N/A 237 10 -227 Maximum PM Peak Hour Added Potential N/A 29 1 -28 Tri s3 Volume of Gulf Boulevard from Belleair 12,214 12,214. 11,987 -227 Causeway to Gulfview Boulevard LOS of McMullen Booth Road from S.R. A A A A 590/Coachman to Drew Street N/A =Not Applicable LOS =Level-of-Service 1 =Based on PPC calculations of 96 trips per acre per day for the Resid ential Medium Future Land Use Category and 0.3 tri ps per day per acre for Preservation Future Land Use Category. 2 =Based on PPC calculations of 4 trips per acre per day for the Recreation Open Space F uture Land Use Category and 0.3 trips per day for the Preservation Future Land Use Category. 3 =City Calculation of 12.5% Source: "The Rules" o the Coun wide Future Land Use Plan Based on the 2007 Pinellas County Metropolitan Planning Organization (MPO) Level of Service .Report, the segment of Gulf Boulevard from the Belleair Causeway to South Gulfview Boulevard has a LOS of A. The PM Peak trips generated by the proposed amendment would be substantially less than the trips generated by the current plan category. However, since the property is currently occupied by a park and will continue to operate as a park, there should be no change with regard to the traffic generated by the site and the current LOS will be maintained. Mass Transit The subject site is located along the Pinellas Suncoast Transit Authority's Beach Trolley route and headways are less than or equal to one hour. Water This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the property. The only water demand Community Development Board -June 17, 2008 LUZ2008-05002 -Page 5 of 8 Revised Staff Report • • associated with the park use is generated by the drinking fountain and this is not proposed to change. In the event additional water is needed in the future, there is adequate water capacity to serve the property. Wastewater This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the property. At present the site does not receive any wastewater service and that is not anticipated to change. In the event there is a need to provide service to the site in the future, there is sufficient wastewater capacity. Solid Waste This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the subject property. The City has adequate solid waste capacity to serve the subject property. Recreation and Open Space The subject property is a parks and recreation use. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment reduces the amount of potential traffic; however, since the property's use is not changing, the plan amendment will have no real impact on current traffic conditions on Gulf Boulevard. Further, there is no impact to water, wastewater, solid waste or mass transit service and open space will continue to be provided as a result of the amendment. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact The subject property is situated on Clearwater Harbor. The proposed land use plan amendment will recognize the recreational use of the property. The proposed zoning atlas amendment will further protect the environmentally sensitive land (Mangrove Forest and Exotic Forest Wetland) located on the east side of the property adjacent to the waterfront. Recommended Conclusions of Law Based upon the findings of fact, the proposed land use plan amendment and rezoning will greatly limit the uses allowed on this property and further protect the natural habitats located on the site. The proposed amendment and rezoning will not negatively impact coastal habitats, water quality, water quantity, or threaten any endangered species. Community Development Board -June 17, 2008 LUZ2008-05002 -Page 6 of 8 Revised Staff Report VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact The location of the proposed Open Space/Recreation District (OSR) and Preservation (P) District boundaries are consistent with the proposed underlying future land use plan boundaries of the subject site. The proposed zoning is compatible with the surrounding land uses and is consistent with the current use of the property. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1002 & 4-602.F.1. and .2.] _, Recommended Findings of Fact As indicated earlier, the subject site is 3.87 acres and is occupied by a public park. The Open Space/Recreation (OS/R) zoning district does not require a minimum lot area or lot width for parks and recreation facilities. The Preservation (P) District requires a minimum lot area of 1.0,000 and a lot width of 100 feet. The portion of the property proposed as Preservation (P) exceeds these minimum requirements. Recommended Conclusions of Law The .proposed use of the subject site is consistent with the uses allowed in the Open Space/Recreation (OS/R) and Preservation (P) zoning districts and the site meets all applicable minimum requirements of the Code. Approval of this land use plan amendment and zoning district designation 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. SUMMARY AND RECOMMENDATIONS An amendment of the Future Land Use Plan from the Residential Medium (RM) category to the Recreation/Open Space (R/OS) category and a rezoning from the Business (B) District to the Open Space/Recreation (OSlR) and Preservation (P) Districts is requested. The subject site is 3.87 acres and is surrounded by residential uses to the north, south, west and the Intracoastal Waterway to the east. The proposed future land use plan Community Development Board -June 17, 2008 LUZ2008-05002 -Page 7 of 8 Revised Staff Report ` ~ • amendment and rezoning is compatible with the existing surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The proposed land use plan amendment and rezoning is consistent with the Countywide Plan and the City's Comprehensive Plan Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: ACTIONS: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential Medium (RM) Classification to the Recreation/Open Space (R/OS) Classification; and b) Recommend APPROVAL of the rezoning from the Business (B) District to the Recreation/Open Space (R/OS) and Pre ervation (P) Districts. Prepared by Planning Department staff: ~`" ~ Gina L. Clayton, Assist t Planning Director Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs \\ms5a\pds\Planning Department\C D B\Land Use Amendments\I,UZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\FINAL REVISED Staff Report LUZ2008-05002 09-14-08.doc Community Development Board -June 17, 2008 LUZ2008-05002 -Page 8 of 8 Revised Staff Report Exhibit A LUZ2008-05002 CITY PARK, M & B 43/01 BOUNDARY DESCRIPTION Commence at the intersection of the East right-of--way line of Gulf Boulevard and the North boundary line of an acreage tract CITY PARK, M & B 43/01 also being the POINT OF BEGINNING #2; thence rain southerly along said East right-of--way S 23° OS' 02" W, 43.31 feet to a point of curvature of a curve concave to the Northwest, thence continue southerly along said curve having a radius of 1959.86 feet, a central angle of 09° 07' 40", an arc length of 312.23 feet, a chord bearing S 27° 15' S4" W ,for 311.90 feet; thence continue along saidright-of--way S 31 ° 49' 44" W, 243.62 feet to a point on the East right-of-way of Gulf Boulevard; thence leaving said right-of--way, run Easterly along the South boundary of said CITY PARK, M&B 43/01, S 89° 18' 06" E, 233.61 feet to a point on the cap of a concrete seawall; thence northerly along the cap of said seawall the following five calls (1) N 29° 46' S3" E, 209.12 feet; (2) N 23° OS' 44" E, 42.38 feet; (3) N 27° 13' 14" E; 174.67 feet; (4) N 24° 07' 21" E, 79.61 feet; (5) N 22° 49' 03" E, 3.59 feet; thence leaving said seawall, run northwesterly along the North boundary line of said CITY PARK, M&B 43/01; N 67° OS' S9" W, 74.01 feet; thence N 67° 24' S5" W, 120.64 feet to the POINT OF BEGINNING. Containing 107,678.85 square feet or 2.47 acres M.O.L Together with the 1.54 acres more or less acres lying easterly the seawall. L h s 2 ~ ~' PROJECT ~"~ SITE ~~~ P~~iCaRIt~A DELf~EY ser,~m~r ~!®R Ca'p` ~~ ~a~~ Location Map Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property 4 01 acres Size (Acres): . Land Use Zoning P f N : 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R 8~ P Atlas Page: 31 1 B S:\Planning Deparhnent\C D BU.and Use Amendments\L.UZ 2008U.UZ2008-05002 - 1551 Gulf Boulevard -City of Clearwater\Maps\Location Map.doc • • , y F ~ ~ ~~y yq ,fir ~ ~/ ~~ r.i ' F/ f y1 ' ' ~ ~r.. rJ ~ ~t•~~' ~ t. / '~ T 1 ~ ~ :~~ i -~V •~~ 1 ' ~' k . ~ ~~ '~ '~, ~ i ~•'s. ~, 4 ~ a ~~, f • ~. a ~ ~ ~ ~ ~4 . - ~ ~ ~~ -} b ~ ~ .JL.JE.i~` s . ~. is _. , ~ ar r ~, r ~. ~ '~ ~ ~„' ` ~~ ~~1~I' I ~ `r ~ ~ ~ ! ~ 1 '1 t~ ~' • ti 1 ~ /V.Y Aerial Photograph Owners: City of Clearwater Case: ~ LUZ2008-05002 Site: 1551 Gulf Boulevard Sizer (Acrtes): 4.01 acres Land Use Zoning ~ I PIN : 19-29-15-00000-430-0100 From : RM & P B To: R/OS 8~ P OS/R 8~ P Atlas Page: 31 1 B S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard -City of Clearwater\Maps\Acrial Photograph.docS:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clcanvater\Maps\Acrial Photograph.doc 4 • ~5~~ L h WATER ~a n my I 93390 ~ ' 5~ ~Jv " Rol >S ?5 P , r- - ~ R~9339, ~ P ~5~ WATER 'S5j R/OS ~~~ r ~ 3.55 Ao~o, L3392 ~ °5~ P ~ °SB, 7 O 2 O N O 5 tp 6 A 7 N 6 N 9 ~ ~ r ~ N t~ ^ ~~ M ~~ ~`1 760 ~ ~ ? ~p ? Q ~ a ~ D N h ~ 158 R 759 , 36699 ~ O ~ O ~ tti O ~ n ~ W ^ N ,. N .- ^ of ~.~j ~ ' ^ Oi ~ Y M ;* n ~ q ,~ M ^ h ,~ n ~ ~ T A 68 67 ~ & ~ ~ 90 9 56 S ^ ^ WATE s 7 W qg 7 ~ ,5~ Future Land Use Map Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property 4 01 acres Size (Acres): . Land Use Zoning PIN : 19 -29-15-00000-430-0100 From : RM 8~ P B To: R/OS & P OS/R & P Atlas Page: 31 1 B S:\Planning Department\C D BU.and Use AmendmentsU.UZ 2008U,UZ2008-05002 - 1551 Gulf Boulevard -City of Clearwater\Maps\Futurc Land Use Map.doc ` h HDR ~SO1 e 2 y E z z ~V ~~ ~ S~ ~Jv r 7s2s ~ ~ ~ ~ 93391 ~ D D 'sue nS~ >S5j P avm ~ ---I 3.55 Ac~c> 93392 ~ ~s~ P ~s~y, R 01 20 3 A 5 ~ O N Q 1~ ffi ~ ~ 14 '~ 160 ~] y~ 0 27 2B N O O ^ N N N ~ ^ M^ ~ R? Q O v ^ b h 0 O 0 ~Sq~ 7~y'97 r~ 36699 O O O O ^ t7 h ^ ^ Oi N N N N N 0 ~ .. ^ ^ ^ ^ ^ p^j A^ lh h ~ O~ ^ q v1 ~ A ^ ~ ~ v ° ~ ° ~ r ~ ~o 1 I- J 73 n ® 68 Be & fl ® 9> 56 ^ ~ 9 51 50 GB B 7 ® A4 G1 ~S~ P ZONING MAP Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property 4 01 acres Size (Acres: . Land Use Zoning PIN : 19-29-15-00000-430-0100 From : RM & P B To: R/OS 8~ P OS/R & P Atlas Page: 311 B S:\Planning Department\C ll B\Land Use Amendmenis\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevazd -City of Cleanvater\Maps\ZONING MAP.doc • ~so~ a ~ h - N 0 VO ~ Z Multi Family ~~ ~ R~side hal ~ . w 10 Multi F ily ~- - 'S ~, Reside ial ~~_~,~ ,515 ~ ` Multi-F~mi~ ssss1 Resic~entral-` 1s40 755, "~°' Intracoastal Multi Family R sidgenh~l 3.55 A~,~, Waterway 'SSo -, °SB, Mult' Fami ~ Re dent' 1 • 2 3 4 5 6 7 6 94 ~ 8b ~ '~i! ~! ~ ~~+D ~ ~ iD D O^ ~ ~ ~. ry^ ^ N ~ ~ ~ ~ ~ r ~. ~ ~ ~ ~ ~ w w w TSB 1 ~. 759 O w w w N N N N M N N N O b 0 V w w w w w www w w ~ww w ~ ~'~~ 36699 _~ ~ T A ~ 67 & e; @ BI ® 9 56 56 ~ 1 $° 49 w 6 ,595 Existing Surrounding Uses Map Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property Size (Acres): 4.01 acres Land Use Zoning PIN: 19-29-15-00000-430-0 l 00 From : RM & P B To: R/OS & P OS/R 8~ P Atlas Page: 311 B S:\Planning Department\C D B\Land Use AmendmentsU,UZ 2008U,UZ2008-05002 - 1551 Gulf Boulevazd - City of Clearwater\Maps\Existing Surrounding Uses Map.doc ~~ k;^,!`_.~~ ~`~, -x.,.~!~.~'~'Y iii. .1.y. ._ ~?_?:..m ...k ~ i<-'." View looking northeast at the subject property, 1551 Gulf Blvd ~,. f View looking northeast at the property north of the subject property ~~~:r.i i ~.~ ~ /~~ View looking southeast at the property to the south of the subject property View looking southwest at the properties to the west of the View looking south along Gulf Boulevard from the subject subject property property LUZ2008-05002 City of Clearwater 1551 Gulf Boulevard `'4 • ORDINANCE NO. 7973-08 AN ORDINANCE OF THIE 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 EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM RESIDENTIAL MEDIUM (RM) AND PRESERVATION (P) TO RECREATION/OPEN SPACE (R/OS) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City asset 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 attached legal description From: Residential Medium (RM) Preservation (P) (LUZ2008-05002) To: Recreation/Open Space (R/OS) Preservation (P) 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7973-08 ~o ORDINANCE NO. 7974-08 • AN ORDINANCE. OF THE CITY OF CLEARWATER, FLORIDA,. AMENDING THE. ZONING. ATLAS. OF THE CITY BY REZONING. CERTAIN. PROPERTY LOCATED ON THE EAST SIDE. OF GULF. BOULEVARD. APPROXIMATELY. 200 FEET. NORTH. OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP. 29 SOUTH,. RANGE 15 EAST. IN METES. AND BOUNDS. 43/01,. WHOSE POST OFFICE. ADDRESS IS 1551 GULF BOULEVARD, FROM BUSINESS. (B) TO OPEN SPACE/RECREATION. (OS/R) AND PRESERVATION. (P); PROVIDING. AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas 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. following described property. in Clearwater, Florida, is hereby rezoned, and the zoning. atlas. of the City is amended. as follows: Property. Zoning. District See. attached legal. description.. From:. Business (B) (LUZ2008-05002) To: Open Space/Recreation. (OS/R) Preservation. (P) Section 2. The City Engineer is directed to revise the. zoning atlas of the City in accordance with the. foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to. the approval of the land use designation set forth in Ordinance 7973-08 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... PASSED ON FIRST READING PASSED ON SECOND. AND FINAL READING. AND. ADOPTED Approved as to form: Leslie K. Dougall-Sides. Assistant City Attorney Frank V. Hibbard Mayor Attest:. Cynthia E. Goudeau City Clerk Ordinance No. 7974-08 • ~ Reynolds, Mike From: Crawford, Michael C [mcrawford@co.pinellas.fl.us] Sent: Thursday, September 25; 2008 10:35 AM To: Reynolds, Mike Subject: RE: Another Question It is and thank you. Now I have another!!! For the amendment out on the beach for the tennis courts - parcel part of the transfer of density plan that eventually north to the condo project just south of the Sand Pearl? Michael C. Crawford, AICP Planning Manager Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 ph: 727.464.8250 fax: 727.464.8212 www.PinellasPlanningCouncil.org -----Original Message----- From: Mike.Reynolds@myClearwater.com [mailto:Mike.Reynolds@myClearwater.com] Sent: Thursday, September 25, 2008 10:27 AM To: Crawford, Michael C Cc: Gina.Claytonc~myClearwater.com Subject: RE: Another Question Michael, was this sent density Parcel 22/29/15/00000/320/0800, also known as 832 Woodlawn Street, is part of the original site plan for the church. The property is used for church parking. You asked for the percentage of the Area-Wide Median Income that the workforce housing would meet. There was a proposed site plan which was recently withdrawn. As such, there is no workforce housing formally proposed at this time. I hope this information is helpful. Mike Michael H. Reynolds, AICP Planner III, Planning Department City of Clearwater -----Original Message----- From: Crawford, Michael C (mailto:mcrawford@co.pinellas.fl.us] Sent: Wednesday, September 24, 2008 2:51 PM To: Reynolds, Mike Cc: Clayton, Gina Subject: Another Question Looking back on the case for this property in 2001 it involved a different acreage and parcel area than the current application. The former application included 22/29/15/00000/320/0800 where the new one does not. Further, the new one includes a parcel that is RU (22/29/15/00000/320/0300) that was not part of the older application. 2'm sure this is correct, but can you tell me what they plan on using U' %'/~ ,'~ 'i2/29/15/00000/320/0800 for?• • Also, back to the last email on RLM vs. RM - the staff report says they could build 121 units (at 18 upa, when RM allows a max. of 15), but only want 112 for attached workforce housing units. The requested RLM would allow 81. Lastly, could you provide me with the percentage of the Area-Wide Median Income that the workforce housing would meet? Michael C. Crawford, AICP Planning Manager Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 ph: 727.464.8250 fax: 727.464.8212 www.PinellasPlanningCouncil.org <http://www.pinellasplanningcouncil.org> 2 • • Reynolds, Mike From: Clayton, Gina Sent: Wednesday, September 17, 2008 2:34 PM To: Dougall-Sides, Leslie; Hollander, Gwen Cc: Porter, Catherine; Reynolds, Mike Subject: Revised Legal Descriptions Attached please find the two revised legal descriptions for the City's Park and the South Bay Condos. We have to also fix the maps. I'll get those to you tomorrow. Leslie -the staff report had an acreage at the beginning of the report and then different ones on the maps and in the traffic. There are some discrepancies between the maps and the staff report figures. I really hate to issue a new staff report provided the ordinances are correct. Is that okay or do I need to give Council a 3rd staff report? Revised. South Bay Revised City Park Boundary Des... Boundary Des... ~ ~ Exhibit A LUZ2008-05002 CITY PARK, M & B 43/01 BOUNDARY DESCRIPTION Commence at the intersection of the East right-of--way line of Gulf Boulevard and the North boundary line of an acreage tract CITY PARK, M & B 43/01 also being the POINT OF BEGINNING #2; thence run southerly along said East right-of--way S 23° OS' 02" W, 43.31 feet to a point of curvature of a curve concave to the Northwest, thence continue southerly along said curve having a radius of 1959.86 feet, a central angle of 09° 07' 40", an arc length of 312.23 feet, a chord bearing S 27° 15' S4" W ,for 311.90 feet; thence continue along said right-of--way S 31 ° 49' 44" W, 243.62 feet to a point on the East right-of--way of Gulf Boulevard; thence leaving said right-of--way, run Easterly along the South boundary of said CITY PARK, M&B 43/01, S 89° 18' 06" E, 233.61 feet to a point on the cap of a concrete seawall; thence northerly along the cap of said seawall the following five calls (1) N 29° 46' S3" E, 209.12 feet; (2) N 23° OS' 44" E, 42.38 feet; (3) N 27° 13' 14" E; 174.67 feet; (4) N 24° 07' 21" E, 79.61 feet; (5) N 22° 49' 03" E, 3.59 feet; thence leaving said seawall, run northwesterly along the North boundary line of said CITY PARK, M&B 43/01; N 67° OS' S9" W, 74.01 feet; thence N 67° 24' S5" W, 120.64 feet to the POINT OF BEGINNING. Containing 107,678.85 square feet or 2.47 acres M.O.L Together with the 1.54 acres more or less acres lying easterly the seawall. Exhibit A LUZ2008-05002 CITY PARK, M & B 43/01 BOUNDARY DESCRIPTION Commence at the intersection of the East right-of--way line of Gulf Boulevard and the North boundary line of an acreage tract CITY PARK, M & B 43/01 also being the POINT OF BEGINNING #2; thence run southerly along said East right-of--way S 23° OS' 02" W, 43.31 feet to a point of curvature of a curve concave to the Northwest, thence continue southerly along said curve having a radius of 1959.86 feet, a central angle of 09° 07' 40", an arc length of 312.23 feet, a chord bearing S 27° 15' S4" W ,for 311.90 feet; thence continue along said. right-of--way S 31 ° 49' 44" W, 243.62 feet to a point on the East right-of--way of Gulf Boulevard; thence leaving said right-of--way, run Easterly along the South boundary of said CITY PARK, M&B 43/01, S 89° 18' 06" E, 233.61 feet to a point on the cap of a concrete seawall; thence northerly along the cap of said seawall the following five calls (1) N 29° 46' S3" E, 209.12 feet; (2) N 23° OS' 44" E, 42.38 feet; (3) N 27° 13' 14" E; 174.67 feet; (4) N 24° 07' 21" E, 79.61 feet; (5) N 22° 49' 03" E, 3.59 feet; thence leaving said seawall, run northwesterly along the North boundary line of said CITY PARK, M&B 43/01; N 67° OS' S9" W, 74.01 feet; thence N 67° 24' S5" W, 120.64 feet to the POINT OF BEGINNING. Containing 107,678.85 square feet or 2.47 acres M.O.L Together with the 1.54 acres more or less acres lying easterly the seawall. i • Case #: LUZ2008-05002 CDB Sign Posting Acknowledgement I hereby acknowledge receiving a notification sign to post on the property I own and/or represent that is undergoing a land use plan amendment and/or rezoning, and will post the sign on the subject property so that it is readable from the most significant adjacent road a minimum of 15 days before the Public Hearing. S ~-Gv~c~ Evec~ Print Name .. Sign Name o t~1~3 I ~~/~~ Date 8. r m M R .n o _~ 4 N ;~ ~. ~ .~ ~~ - '. 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Vf aAi ...~ . 1r w .r w r w . ~ • ~'SS~y ° ~ 3~A~w ''.. L ~" dry .~~+wNw~~ ..~ RV 8 ,Q y M sY ~ ~ G~ Q~~111 ~ M ~ M ~ 4 Iw~ •{.~r W~N ~ ~~ ~~r ~ ^a1~A ~p~ ~~ Yg ~/~ ~. . ~ ~ X32°0p' 2~ ,~W °J°J 22' '°~~ 34 44',5.., t ~ FC~F S ~lG7.79, 53'1° 31~ 3o'"LV ~ f_i`3~Co~ Attachment "A" Q ~~~sz Cp PoiNT (~ oN ~~NE Point B LEGAL DESCRIPTION OVERALL CITY OF CLEARWATER PARCEL Fro-n the Southeast corner of Section 19, Township 29 South, Range 15 East, Pinellas County, Florida for a point of reference; thence N.89°04'07"W. along the South boundary of said section 2 , 2 9 3 . 4 5, r eet to a point on the centerline of Gtil. f ~:~ a evard ( a 50.00 foot half right of way); thence along said line by the following three courses: N.31°58'20"E. 826.95 feet to a point of curve; along the arc of a curve to the left, radius 1,909.86 feet, arc 304.27 feet, chord bearing N.27°24'30"E, 303.95 feet, delta angle of 09°07'41" to a point of tangency; N.22°50'39"E. 71.06 feet; thence leaving said line 5.67°09'21"E. 50.00 feet to a point on the Easterly right of way of Gulf Boulevard; thence along said right of way S.22°50'39"W. 27.75 feet to the POINT OF BEGINNING; thence S.67°09'21"E. 193.63 feet to the face of a concrete seawall; thence along said seawall S.23°18'17"W. 83.19 feet; thence 5.67°09'21"E. 157.77 feet to a point on the mean high water line of Clearwater Bay as surveyed on December 12, 1992; thence along said line the following five courses: 5.37°31'30"W. 119.61 feet; thence S.34°44.'55"W. 61.79 feet; thence 5.32°00'29"W. 99.22 feet; thence S.65°05'55"W. 89.66 feet; thence 5.74°14'14"W. .91.03 feet; thence S.37°59'58"W. 28.15 feet to a concrete seawall; thence N.89°04'07"W: 233.42 feet to the Easterly right of way of Gulf Boulevard; thence along said right of way N.31°58'20"E. 243.62 feet to a point of curvature; thence along the arc of curve to the left a radius of 1, 959.86' feet, an arc of 312.23 feet, . a delta of y 09°07'41", a chord. of 311.90 feet, bearing N.27°24'30"~. to a point of tangency; thence N.22°50'39"E. 43.31 feet to the POINT OF BEGINNING. Containing 3.52 acres, more or less. ~/ FoR: • • SAND KEY TRANSFER TO THE CITY OF CLEARWATER LEGAL DESCRIPTION FROM THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST FOR A POINT OF REFERENCE; THENCE N89°04'07"W, ALONG THE SOUTH BOUNDARY OF SAID SECTION 2293.45 FEET TO A POINT ON THE CENTER LINE OF GULF BOULEVARD (A 50 FOOT HALF RIGHT-OF-WAY ); THENCE ALONG SAID LINE BY THE FOLLOWING THREE COURSES; N31 °58'20"E, 826.95 FEET TO A POINT ON A CURVE; ALONG THE ARC OF A CURVE TO THE LEFT RADIUS 1909.86 FEET, ARC OF 304.27 FEET, CHORD BEARING N27°24'30"E, 303.95 FEET, DELTA ANGLE OF 09°07'41" TO A POINT OF TANGENCY; N22°50'39"E, 71.06 FEET; THENCE LEAVING SAID LINE S67°09'21"E, 146.52 FEET; THENCE S18°09'21"E, 36.77 FEET TO THE POINT OF BEGINNING; THENCE S67°09'21"E, 72.99 FEET TO THE FACE OF A CONCRETE SEAWALL; THENCE ALONG SAID SEAWALL S23° 18' 17"W, 83.19 FEET; THENCE N18°09'21"W, 110.23 FEET TO THE POINT OF BEGINNING. CONTAINING 0.07 ACRES, MORE OR LESS. ~~ ~J • • CITY OF CLEARWATER TRANSFER TO SAND KEY CONDOMINIUM SOUTH BAY-1501 GULF BLVD. LEGAL DESCRIPTION FROM THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST FOR A POINT OF REFERENCE; THENCE N89°04'07"W, ALONG THE SOUTH BOUNDARY OF SAID SECTION 2293.45 FEET TO A POINT ON THE CENTER LINE OF GULF BOULEVARD (A 50 FOOT HALF RIGHT-OF-WAY ); THENCE ALONG SAID LINE BY THE FOLLOWING THREE COURSES; N31 °58'20"E, 826.95 FEET TO A POINT ON A CURVE; ALONG THE ARC OF A CURVE TO THE LEFT RADIUS 1909.86 FEET, ARC OF 304.27 FEET, CHORD BEARING N27°24'30"E, 303.95 FEET, DELTA ANGLE OF 09°07'41" TO A POINT OF TANGENCY; N22°50'39"E, 71.06 FEET; THENCE LEAVING SAID LINE S67°09'21"E, 50 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID GULF BOULEVARD AND THE POINT OF BEGINNING; THENCE CONTINUE S67°09'21"E, 96.52 FEET; THENCE S18°09'21"E, 36.77 FEET; THENCE N67°09'21"W, 120.64 FEET TO SAID RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE, N22°50'39"E, 27.75 FEET TO THE POINT OF BEGINNING. CONTAINING 0.07 ACRES, MORE OR LESS. ~~T~ ~~ ~~,~n s-~, - 5 P Cl~G~~S (~,ll GfXPS v 9~t z. ~~ ~~~~~~,~~ ./ a 77 ~ ~avlL a uq l 3 ~' 3,`67 D52 ~ sca~~ q. /,~ '~r ~_ ~~. ~.~~ ~ ~ • • CITY OF CLEARWATER PUBLIC HEARING NOTICE LAND USE PLAN AND ZONING ATLAS AMENDMENTS NOTE• All persons wishing to address an item need to be present at the BEGINNING of the Community Development Board meeting. Those cases that are not contested by the applicant, staff, nei_ghboring property owners etc will be placed on a consent agenda and approved bV a sin_ple vote at the be_ginnin_g of the meefin_g. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7973-08 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 EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM RESIDENTIAL MEDIUM (RIVI) AND PRESERVATION (P) TO RECREATION/OPEN SPACE (R/OS) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7974-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM BUSINESS (B) TO OPEN SPACE/RECREATION (OS/R) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. The proposed ordinances will affect the land area shown on the map in this advertisement: (INSERT MAP HERE) Schedule of Public Hearings: Tuesday, June 17, 2008 before (he Community Development Board, at 1:00 p.m. Thursday, July 17, 2008 before the City Council (1St Reading), at 6:00 p.m. Thursday, August 7, 2008 before the City Council (2"d Reading), at 6:00 p.m. All public hearings on the ordinances will be held in Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave, Clearwater, Florida. (City of Clearwater) LUZ2008-05002 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Council for final disposition. ~ ~ • Five days prior to the CDB meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the Planning Department 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal. Michael Delk Planning Director City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 Cynthia E. Goudeau, CMC City Clerk A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. To learn more about presenting to Clearwater boards and City Council, go to http://Clearwater.granicus.comNiewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. 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3711 Pd BbX 429'f CLEARWATER FL 33767 - 2987 LOUISVILLE KY 40204 - 0291 PSYHOGIOS TELEMAHOS PUGH, RICHARD F PRUSAN, WENDY , PSYHOGIOS CRYSTALIA PUGH, CLAUDIA B 1580 GULF BLVD # 1602 , 1980 BERRY LN 5 WARREN WAY CLEARWATER FL 33787 - 2984 DES PLAINES IL 80018 -1648 DIGSWELL, HERTFOSHIRE AL6 ODQ 00003 - GREAT BRITAIN QUINN, PATRICK, J R J D INVESTMENT HOLINGS LLC RACLAW, RUTH ANN QUINN, PATRICIA 1814 SHERWOOD CIR RACLAW, ROBERT 4 SYLVIA LN CLEARWATER FL 33784 -8412 1560 GULF BLVD # 1504 NEW HYDE PARK NY 11040 -1922 CLEARWATER FL 33767 - 2684 RANDALL, JOHN R RECEL, KENAN REMPE, JOSEPH R RANDALL, ANN L RECEL, SUKRAN 724 EVENING STAR DR 1480 GULF BLVD # 810 1560 GULF BLVD # 1003 CASTLE ROCK CO 80148 - 8346 CLEARWATER FL 337&7 - 2852 CLEARWATER FL 33787 - 2982 REPKA, BEVERLY A RICE, LORI A RIECKELMAN, PEGGY L 1520 GULF BLVD # 503 46 DANELLA WAY 142 MARINA DEL REY CT CLEARWATER FL 33787 - 2954 HOWELL NJ 07731 - 8918 CLEARWATER FL 33787 - 2945 • MUCHOWSKI, PATRICE M 17 MONTECLAIR DR WORCESTER MA 01609 - 1510 MURPHY, RUFUS W 1580 GULF BLVD # 1007 CLEARWATER FL 33767 - 2982 MURPHY, DIANE C 1540 GULF BLVD # 804 CLEARWATER FL 33767 - 2961 MURTAUGH, EDWARD V 1520 GULF BLVD # 1907 CLEARWATER FL 33767 - 2968 MURPHY, JOSEPH P MURPHY, LEO J JR PO BOX 66 CUBA NY 14727 - 0066 NANULA, SAVINO P 2094 BUSH RD GRAND ISLAND NY 14072 - 2521 NASH, ANTHONY A NATALE, SALVATORE NAPOLITANO, MARY ANNE BENTLEY-NASH, BARBARA J NATALE, NUNZIATO 1501 GULF BLVD # 808 32 FAIRWAY PL 275 CLARENCE ST CLEARWATER FL 33767 - 2903 COLD SPRING HARBOR NY 11724 - BRAMPTON ON L6W 3R3 00001 - 1620 CANADA NEELY, LESLIE D NEELY, LUZ E 1480 GULF BLVD # 601 CLEARWATER FL 33767 - 2851 NORTHERN TRUST BANK WHITE, PAULINE A THE 4001 TAMIAMI TRL N NAPLES FL 34103 - 8700 NEWSY, EDITH M 1520 GULF BLVD # 301 CLEARWATER FL 33787 - 2954 THE NORTON, DAVID G NORTON, CARMELA 1560 GULF BLVD # 1205 CLEARWATER EL 33767 - 2983 OLIVEIRA, PAULINE BARROQUElRO, JUDY 1540 GULF BLVD # 405 ~iLCARYYATER 1~--L 3370! - L90V O'RfORDAN, JEREMI14H O'RIORDAN, ANNE JOSEPHINE 34 MELBAURN RD BiSHOPSTOWN CORK 00003 - 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2985 y~y-{ITESTONE NY i i 357 - 321 S CLEARWATER FL 33767 - 2957 • MASLOWE, HARVEY MASSEY, MARY A THE MAXWELL, JACK E THE MASLOWE, MARILYN 138 MARINA DEL REY CT 1000 S OLD WOODWARD AYE 1501 GULF BLVD # 105 CLEARWATER FL 33787 - 2945 BIRMINGHAM MI 48009 - 6723 CLEARWATER FL 33767 - 2902 MAYNARD, CORDON E MC CAULEY, RITA M THE MC COMB, WALTER A MAYNARD, CONSTANCE F 3396 PARKWAY CENTER CT MC COMB, JEAN L 119 MARINA DEL REY CT ORLANDO FL 32808 -1038 2626 LINCROFT DR CLEARWATER FL 33767 - 2941 FORT WAYNE IN 46845 -1918 MC GRATH, EDMUND R MC MENAMY, LOUIS M MC CONICAL, PATRICIA R MORGAN, KELLY J MC MENAMY LINDA A 1501 GULF BLVD # 508 2889 lVY HILL DR , PO BOX 292W CLEARWATER FL 33767 - 2903 COMMERCE TOWNSHIP MI 48382 - WAQUOIT MA 02536 - 5126 MC PIKE, JOHN A THE MEYER, EL)ZABETH P MICHAIL AM1R S MC PIKE, MARGARET O THE 1520 GULF BLVD # 1004 , 1480 GULF BLVD # 906 381 INDIAN PDINT RD LAKE BARRINGTON IL 60010 - 7309 CLEARWATER FL 33787 - 2958 CLEARWATER FL 33787 - 2853 MIGHEL, DAVID S MICHELS, STANLEY MIDKIFF, MARTHA L MIGHEL, ANN C MICHELS, IDA A MIDKIFF, LARRY M 102 CIRCLE RD 1560 GULF BLVD # 1401 1480 GULF BLVD # 911 SYRACUSE NY 13210 - 3046 CLEARWATER FL 33767 - 2983 CLEARWATER FL 33767 - 2853 MIGLIORE, ANTHONY JOYCE MIGLaORE MILLER, MARCIA S TRUST MILNE, OLGA , 1270 PARK PL 1849 LONG 80W LN 1480 GULF BLVD # 1107 oEAVE R PA i ~^u^v9 - 23i 9 CLEARWATER FL 33764 - 6463 CLEARWATER FL 3767 - 2853 MINA, BETTY MINNICH, MAGDALENA MITCHELL, JANET M 1540 GULF BLVD # 704 1501 GULF BLVD # 808 2840 WEST BAY DR # 114 CLEARWATER FL 33767 - 2961 CLEARWATER FL 33767 - 2903 LARGO FL 33770 - 2620 MITTON, WILLIAM H MOELLER, ROBERT L MOEN, KENNETH P 1208 ASPEN CT MOELLER, CONNIE J MOEN, HELEN L DELAFIELD WI 53018 - 1300 1580 GULF BLVD # 803 1204 OXBRIDGE DR CLEARWATER FL 33767 - 2967 LUTZ FL 33549 - 9318 MOORE, RYAN T MORGAN, BEN W MOSS SUSAN DEBORAH MOORE, LINDSAY D MORGAN, CAROL A , 1520 GULF BLVD # 1507 4298 WINDSWEPT WAY 122 MARINA DEL REY CT CLEARWATER FL 33767 - 2957 LOVES PARK IL 61111 - CLEARWATER FL 33787 - 2940 MOUCHI SAADE, LINO A MOUNTZURIS THEODORE M MOUCHI SAADE, RAFAEL A , MOUNTZURIS ANNA M MOUSER, JAMES EDWARD CASA GRANDES 53 , 5 KNDBB HILL 4854 MAPLEWOOD RD DF-COL-NARVATE 03020 00002 - 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2982 CLEARWATER FL 33767 - 2957 CLEARWATER FL 33767 - 2957 KESISOGLU, GARBIS KHAZENDAR, OSAMA KILBANE, JOHN T KESISOGLU, MARI KHAZENDAR, DANAM KILBANE, MARY ELLEN 1520 GULF BLVD #1007 1560 GULF BLVD # 804 9120 TIFFANY DR ^vLEARw~{ATER <L u37v7 - 2a5e, CLEAR:"YATGR EL 337V7 - 29V7 N ROYAI_TI vi~~ vH tt1 vv - c12v K1M, DAVID J THE KISER, WILLIAM W KIM, DEBORAH Y THE KINTONIS, JOHN LIVING TRUST KISER, TATIANA F 535 HARBOR DR N 7807 SILVER DT 1520 GULF BLVD # 202 INDIAN ROCKS BEACH FL 33785 - ORLAND PARK IL 60462 - 2949 CLEARWATER FL 33767 - 2954 3116 KtSTNER, JOAN A TRUST KIZILKAYA, SERPIL KNAUS, RONALD L KISTNER, JOAN A THE KNAUS, YVONNE M 1460 GULF BLVD # 703 1540 GULF BLVD # 1801 CLEARWATER FL 33767 - 2852 1520 GULF BLVD # 1602 CLEARWATER FL 33786 - CLEARWATER FL 33767 - 2957 KNIGHT, RAMONA M THE KOGH, THEODORE R JR KOENIG, ALYCE L 4989 ELMGATE DR KOCH, BETTY R KOENIG, GERALD L ORCHARD LAKE MI 48324 - 3012 5200 SW 25TH BLVD # 4212 1580 GULF BLVD # 1603 GAINESVILLE FL 32608 - 3984 CLEARWATER FL 33767 - 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1027 JAMAICA EST NY 11432 - BELLEAIR SHORE FL 33786 - 3352 ROBERT N THE HAGEMEYER HAKIM, GILBERT PHILIP HAKIM , 125 MARINA DEL REY CT HAKIM ELHAM E , 3975 EXECUTIVE DR CLEARWATER FL 33787 - 2&42 1560 GULF BLVD # PH-1 CLEARWATER FL 33767 - 2985 PALM HARBOR FL 345$5 - 1026 HAKIM, YVETTE HAKIM, YVETTE HAKIM, YVETTE 1520 GULF BLVD # 401 3875 EXECUTIVE DR HAKIM, JEAN F 3975 EXECUTIVE DR CLEARWATER FL 33767 - 2954 PALM HARBOR FL 34685 - 1026 PALM HARBOR FL 34885 - 1028 HALE, WILLIAM S REVOCABLE LIVI HALIM, JAMAL ABDEL HAMINA, KARL G JR HALE, WILLIAM S THE 2287 STOTESBURY WAY HAMINA, DEBORAH A 116 MARINA DEL REY CT WEST PALM BEACH FL 33414 -8443 9080 LAKE DOMINION DR ~I CAP~AIATCP CL 33767 = 2940 a~~ RR71r`uTnl~l MI dl211d _ G1Ad ~.... , , .... ,.,. -T....-. HAMMOND, ROBERT J THE HANDLEY, ROBERT M HARDIN LYNN HAMMOND, LOUISE W THE HANDLEY, MELANIE BOUCHARD , 13471 E COLUM6lC0 DR 2379 LAKE MARIE DR 1501 GULF BLVD # 604 SCOTTSDALE AZ 85259 - 2219 SANTA MARIA CA 93455 - 5709 CLEARWATER FL 33767 - 2903 HARRIS, GERALD D HARRISON DONALD V HARVEY, MARY C REVOCABLE HARRIS, DIANE K , 1051 BAY AVE TRUST 1480 GULF BLVD # 112 CLEARWATER FL 33756 - 3847 2 SEASIDE LANE # 102 CLEARWATER FL 33767 - 2850 BELLEAIR FL 33758 - 1989 HAUF, KARL HAYWARD, BRIAN J HEASLIP DAVID HAUF, TIMO HAYWARD, SYLVIA M , HEASLIP LINDA NIKOLATWEG 34 PO BOX 349 , 115 MARINA DEL REY CT 64287 DRAM8TADT 04003 - CLAIREMONT 6910 04044 - CLEARWATER FL 33767 - 2941 GERMANY AUSTRALIA HEATH, LYNN M HELPPIE, RICHARD D HELTON JUDY A 1540 GULF BLVD # 505 HELPPIE, LESLIE S P O BOX 807 , 1524 GULF BLVD # 1406 CLEARWATER FL 33767 - 2964 BLOOMFIELD HILLS MI 48303 - 0607 CLEARWATER FL 33767 - 3901 FRIAS, SOMA BARNETCHE FREEMAN, CONNIE GALLART, ROBERTO DELGADO FRY, STEPHEN P BOSQUE DE QUlRAGO # 29 1520 GULF BLVD # 405 COL BOSQUE DE LA HERRADURA 1320 GULF BLVD # 1705 CLEARWATER FL 33767 - 2954 HUIXQUILUCAN ESTADO 52783 00002 - CLEARWATER FL 33767 - 2957 MEXICO FUCHS,SCOTT 1501 GULF BLVD # 4D4 CLEARWATER FL 33767 - 2902 CAIRO INV CARRERA 78A #127C-40 # 102 BOGOTA 00005 - COLUM8IA CARTE, GLENN M CARTE, MARILYN D 1520 GULF BLVD # 708 CLEARWATER FL 33767 - 2955 GIAMMUGNANI, ANALIA GIAMMUGNANf, ARTURO 1 fi306 ROCKY POND PL ODESSA FL 33556 -2314 GABRIEL, HOSNY S GABRIEL, AIDA A 1540 GULF BLVD # 1407 CLEARWATER FL 33767 - 3904 GALL-HANDLER LAND TRUST # 1006 20x4 WEST LAKE HALL RD TALLAHASSEE FL 32309 - 2516 GEON, KENNETH M GEON, SCOTT D 1480 GULF BLVD # 701 CLEARWATER FL 33767 - 2852 GIANAS, JAAIIES GIANAS, FRANCINE L 1520 GULF BLVD # 1506 CLEARWATER FL 33767 - 2957 GABRIEL, SAID S GABRIEL, ESMAT A 1560 GULF BLVD # 1506 CLEARWATER FL 33787 - 2984 GANJ LLC 2814 W WATERS AVE TAMPA FL 33614 - 1853 GEORGARAS, KOSTA GEORGARAS, DIMITRA 14$0 GULF BLVD # 1001 CLEARWATER FL 33767 - 2853 GIANNAKOPOULOS, EMILIA GIANNAKOPOULOS, GEORGE D 2115 ALEXIS CT TARPON SPRINGS FL 34689 - GILBERT, NANCY C GILGORE, ALFRED THE GLANZER, KEITH A 1480 GULF BLVD # 312 GILGORE, JUDITH L THE GLANZER, ANNMARIE H CLEARWATER FL 33767 - 8903 CEDAR LN 5397E 270TH ST SHe;n;n;EE M!SS!ON KS 56207.2217 ELtcO nn~i 550Ln _ 0520 GLISSON, HENRY T GLISSON, SHARON G 1480 GULF BLVD # 1002 CLEARWATER FL 33767 - 2853 GONZALEZ, JOSE GONZALEZ, ANA C 17348 LOCKWOOD RIDGE DR TAMPA FL 33647 - 2248 GRECO, MARIO GRECO, LENA 155 WINGS RD #7 WOODBRIDGE ON CANADA L4L fiC7 00001 - GOLIASH, THOMAS J GOLIASH, CATHERINE S 1580 GULF BLVD # PH3 CLEARWATER FL 33767 - 2985 GOTTARDI LAND TRUST NO 1540111 PO BOX 13392 TALLAHASSEE FL 32317 GREEN, HARLAN THE GREEN, CAROLINE THE 1480 GULF BLVD # 203 CLEARWATER FL 33767 - 2850 GOMORY, GEORGE M REVOCABLE LIV 485 S HARBOR DR INDIAN RACKS BEACH FL 33785 - 3118 GRAVES, JEAN F SADLER, PAULA C 15710 RIVERSIDE DR W #11 U NEW YORK NY 10032 - 7045 GREEN, W SCOTT JR GREEN, CAROLYN A 120 MARINA DEL REY CT CLEARWATER FL 33767 - 2940 GREGORY, HERBERT T JR GRIFFITHS, MORGAN R JR GRINSTEAD, STEVE GREGORY, PATRICIA A GRIFFITHS, SHARON K GRINSTEAD, LYNNE 3813 HILLAIRY ROAD 130 PEPPERIDGE DR 2700 ANDERS LN OXFORD NC 27585 - 8080 GENEVA OH 44041 - 7106 PLANO TX 75093 - 5823 i ~ i DIMITRION, JAMES J THE DOERING, MARK W DIETRICH, SARAH DIMITRION, FRANCES THE DOERING, GERTRUDE 1520 GULF BLVD # 1404 12 LONGPORT CT 343 WINDSOR LN CLEARWATER FL 33767 - 3901 WARETOWN NJ 08758 - 2639 WINCHESTER VA 22602 - 2332 DONAHUE PHYLLIS B DONNAN, RICHARD C THE DONNELLY, VINCENT J , 11 GREGORY CT 10~ MARINA DEL REY CT DONNELLY, JOAN S 1520 GULF BLVD # 603 FARMINGVILLE NY 11738 - 4202 CLEARWATER FL 33767 - 2936 CLEARWATER FL 33767 - 2955 DOUGLAS, BRUCE C DRALLIOS, DEMETRIOS DROGARIS, STEVEN DOUGLAS, LINDA R DRALLIOS, ANASTASIA DROGARIS, BESSIE 1544 GULF BLVD # 407 16 CYCAMQR DR 18 aRCHARD LN CLEARWATER FL 33767 - 2960 ROSLYN NY 11576 - COLTS NECK NJ 07722 - DUFFY, PATRICIA M THE DURHAM, THOMAS B E (~ S PROPERTIES 1501 GULF BLVD # 707 DURHAM, KAREN M 9741 LIBERTY RD CLEARWATER FL 33787 - 2903 1520 GULF BLVD # 1101 CLEARWATER FL 33767 - CHELSEA M! 48118 -8630 EICHLER, FRED ELLIOTT, JASON C THE ELLIS, JOHN S EICHLER, JUDY SPONGER TRUST 8122/00 ELLIS, LINDA M 158 MARINA DEL REY CT 1540 GULF BLVD # 904 1580 GULF BLVD # 701 CLEARWATER FL 33767 - 2947 CLEARWATER FL 33787 - 2961 CLEARWATER FL 33767 - 2967 ELLSON, TODD ENGLERT NORMAN ENGLISH, GREGORY ELLSON, KERRYN , 140 MARINA DEL REY CT ENGLISH, MARY 1501 GULF BLVD # 301 CLEARWATER FL 33767 - 2945 1480 GULF BLVD # 1012 r+i ~ R~nr TCD CL 33787 - 2c02 ..~~A A.~.., rl CA{71AlAT A CI 33787 _ 7flF4 ~~~..,......E,.. ~.,, EPSTEIN, JOEL J ERICKSON, RONALD E THE ESTAFANOUS, NABIL E 1480 GULF BLVD # 502 ERICKSON, MARSHA W THE ESTAFANOUS, TRAIZ CLEARWATER FL 33767 - 2851 543 SHEPHERD AVE 1480 GULF BLVD # 1208 WINTER PARK FL 32789 - 3972 CLEARWATER FL 33767 - 2853 FAHMY, MOHAMED H FARAH, ZOUHEIR I FARANDA, MICHAEL A FAHMY, RAMEZ FARAH, MARIA C R FARANDA, LINDA M 1501 GULF BLVD #801 1540 GULF BLVD # 1804 1480 GULF 9LVD # 107 CLEARWATER FL 33767 - 2903 CLEARWATER FL 33767 - 2963 CLEARWATER FL 33767 - 2850 FELIX, THOMAS H II TRUST FICARA, ANTHONY J LIVING TRUST FITZGIBBONS, DONALD J 48 TURNBRIDGE RD FICARA, ANTHONY J THE FITZGIBBONS, MARSHA J HAVERFORD PA 19041 - 1520 GULF BLVD # PH-1 821 LEON DR CLEARWATER FL 33767 - 3902 POWERS LAKE IL 8001 0 -1203 FLEITES, AGUSTIN J FRAGOYANNIS, STAMATIS FREEDMAN, ARNOLD FLEITES, MYLENE FRAGOYANNIS, CATHERINE FREEDMAN, KAREN 5 SAYLES RD 9403 BLACKWELL RD #402 1480 GULF BLVD # 509 HINGHAM MA 02043 - 2678 ROCKVILLE MD 208$0 - 3675 CLEARWATER FL 33767 - 2851 • f COY, JUDITH A CRAFT, JEFFREY T CRAWFORD, ANDREW J 1540 GULF BLVD # 1701 1520 GULF BLVD # 1605 CRAWFORD, DAWN L CLEARWATER FL 33767 - 2963 CLEARWATER FL 33767 - 2957 1400 GULF BLVD # 705 CLEARWATER FL 33767 - 2830 CUCUZ, RONKO CUCUZ, VELINKA 5502 ARBOR BAY DR BRIGHTON MI 481 16 - 7779 CUMMINGS, FRANCIS J 1501 GULF BLVD # 408 CLEARWATER PL 33767 - 2902 CUMMINGS, PAUL 21 CHEQUESSETT READING PA 01867 - 1833 CUNZOLO, PETER R CUNZOLO, RHONDA S 2980 WENTWORTH WAY TARPON SPRINGS FL 34688 - 8428 DA COSTA, KEITH B DA COSTA, SUSAN C 200 CLEARWATER LARGO RD S LARGO FL 33770 - 3235 DAKE, RICHARD L DAKE, CELIA L 1501 GULF BLVD # 108 CLEARWATER FL 33767 - 2902 DAVIS, PATRICIA M TRUST DAVIS, PATRICIA M THE 141 MARINA DEL REY CT ni CAOIAIATC~ GL 44TQ7 _'tl~AA v~~r-L~wr~~u~~ v.rr yr v~T DE LONG, SCOTT H DE LONG, PAMELA 4602 CHANTREY CT MINNETONKA MN 55345 - 3544 DEIMEL, THOMAS J DEIMEL, LARRAINE B 1501 GULF BLVD # 402 CLEARWATER FL 33767 - 2902 DEMBINSKI, ROBERT A DEMBINSKI, DIANE M 10100 W MEADOW DR GREENFIELD WI 53228 - 3209 CURLEY, THOMAS J TRUST CURRENT OWNER CURLEY, MARITZA E C TRUST 2964 WENTWORTH WAY 2049 PATRICIA ST TARPON SPRINGS FL 34688 - 8428 MENDOTA HEIGHTS MN 55120 -1325 DAEHLER, ROBERT W DAEHLER, BARBARA A 1540 GULF BLVD # 2401 CLEARWATER FL 33767 - DAIGLE, ERNEST L REVOCABLE LIV DAIGLE, LINDA T REVOCABLE LIVI 18 KENT RD SCARSDALE NY 10583 - 2304 DANOS, PEGGY TRUST 12 BROADLEYS CT BANNOCKBURN IL 60015 - 1511 DE CANDIDO, PATRICIA H THE 12521 FRANK DR N SEMINOLE FL 33778 - 1717 DEDES,THEODbRE THE DEDES, PANAYOTA THE 243 MARINEAU LAVAL QC H7X 3V7 00001 - CANADA DEL CARRO, RtNO DEL CARRO, ANNA M 2135 73RD ST EAST ELMHURST NY 11370 -1011 DERBES, FREDERICK J DERBES, JUDITH D 1520 GULF BLVD # 1003 CLEARWATER FL 33767 - 2956 DAVIDOVE, ERIC A DAVIDOVE, MARIAN E 12404 SEABROOK DR TAMPA FL 33628 - 2431 DE GIRONEM4, WILLIAM A DE GIRONEMO, MICHELLE M 1321 TOWER RD SCHAUMBURG IL 60173 - 4384 DEIMEL, HOWARD J THE 15D1 GULF BLVD # SD1 CLEARWATER FL 33767 - 2903 DELWICHE, LYLE D DELWICHE, JOHANNA 1584 GULF BLVD # 401 CLEARWATER FL 33767 - 2965 DERBES, FREDERICK J DERBES, JUDITH D 8805 CHREITIEN POINT PL RIVER RIDGE LA 70123 - DESSENT, TERRY DEUTSCHE BANK NATL TRUST CO DIDON N V NETHERLANDS DESSENT, KATHLEEN N T ANTILLES 1560 GULF BLVD # 801 PO BOX 25018 1253 PARK ST CLEARWATER FL 33767 - 2987 TAMPA FL 33833 - CLEARWATER Fl 33756 - 5827 I • CHAYKA, CATHERINE L M CHAYKA, MARK F 14$0 GULF BLVD # 907 CLEARWATER FL 33767 - 2853 CHAYKA, MARK F CHAYKA, CATHERINE L 1480 GULF BLVD # 907 CLEARWATER f=L 33767 - 2853 CHERNEK,HARRY 1540 GULF BLVD # 503 CLEARWATER FL 33787 - 2960 CHERNOFF, BETH E 1540 GULF BLVD CLEARWATER FL 33767 - 2969 CHIOLIS, STEPHEN CHOE LLC CHIOLIS, ROSELLE 3112 HIGHRIDGE DR # A 18 VIOLA TER LEXINGTON KY 40517 - 4052 WASHINGTON TOWNSHIP NJ 07676 - 4754 CIOCCA, ITALO A CIOCCA, RITA G 1560 GULF BLVD # PH-2 CLEARWATER FL 33767 - 2985 CLARK, THOMAS E CLARK, MARGARET R 1560 GULF BLVD # 1606 CLEARWATER FL 33787 - 2984 CLARKE, ROBERT M CLARKE, BEVERLY A 8304 RUNNING RIVER PL TAMPA FL 33617 - 1377 COATS, JAMES F COATS, CATHIE L 146 MARINA DEL REY CT C:LEAh(V1lAI Eh( FL 337f57 - 2945 CONNELLY, SHARON R 7213 HANSFORD CT SPRINGFIELD VA 221 b1 - 3000 COOGAN, KEVIN 1540 GULF BLVD # 202 CLEARWATER FL 33767 - 3903 COPPAGE,DANNY GOPPAGE, PATTY 1217 FARRIER PL OWENSBORO KY 42301 - 5302 CLEARWATER KEY SOUTH-BAY 1501 1501 GULF BLVD CLEARWATER FL 33767 - 2853 CHENOUDA, MICHEL S CHENOUDA, AIDA A 665 VANDAM ST NORTH WOODMERE NY 11581 - 3521 CHERRY, CAROLE S 1992 TRUST 4402 BROOKWOOD DR TAMPA FL 33629.4245 CHRiSTY, VIRGINIA LORRAiNE REV CHRISTY, VIRGINIA LORRAINE TR 134 MARINA DEL REY GT CLEARWATER FL 33767 - 2943 CLARK, WILLIAM R THE CLARK, SHIRLEY A THE 1540 GULF BLVD # 1102 CLEARWATER FL 33767 - 2962 CLEARY, A BRUCE CLEARY, MAR(LYN M 1501 GULF BLVD # 803 CLEARWATER FL 33767 - 29Q3 CONNELL, PETER W IRREVOCABLE CONNELLY, CATHERINE A T 1520 GULF BLVD # 1707 440 S GULFVIEW BLVD # 1802 CLEARWATER.FL 33787 - 2957 CLEARWAI th( FL 381x57 - CONTESTABLE, CLEMENT CONTESTABLE, MAGGIE P 1501 GULF BLVD # 803 CLEARWATER FL 33767 - 2903 CONTOS, EVANGELIA 1480 GULF BLVD # 507 CLEARWATER FL 33767 - 2851 COOPER, LEONARD A 1501 GULF BLVD # 308 CLEARWATER FL 33767 - 2902 CORCORAN, TIMOTHY J CORCORAN, JANET K 1480 GULF BLVD # 103 CLEARWATER FL 33767 - 2850 COOPER, LEONARD A PO BOX 38177 CANTON OH 44735 - CORONADO, MIGUEL SOLIS CDA TEHUIXTLE #30-1 COL ESDONDIDO 14800 00002 - MEXICO CORREIA, JOSEPH J SR THE CORTORREAL, PROSPERO CORREIA, HELEN THE CORTORREAL, ANGELA COTE, KATHYA 152 HITCHING POST LN 2268 HIGHLAND WOOD DR 501 N VICTORIA PARK RD BEDFORD NH D3110 - 4929 DUNEDIN FL 34698 - 9448 FT LAUDERDALE FL 33301 - 3749 ~ • ~ BOYD, HUGH R REV TRUST - BOYD, R081N BRADY, HENRY G BOYD, HUGH R THE 18 HILLSBORO DR 1520 GULF BLVD # 407 1501 GULF BLVD # 505 ORCHARD PARK NY 14127 - 341 1 CLEARWATER FL 33767 - 2954 CLEARWATER FL 33767 - 2903 BRANDENBURG, WILLIAM BRANDONISIO, VITO THE BRAYAN, PETER S BRANDENBURG, DAWN 1112 SNOW DR BRAYAN, MARY A 6999 N RAINBC3W DR ELBURN IL 60119 - 9170 1480 GULF BLVD # 901 ST GERMAIN WI 54558 - 9412 CLEARWATER FL 33767 - 2852 BRAZEL, ROBERT E BREAKIRON, MARY T THE BRICE, THOMAS R GRANAHAN-TARR, JENNIE BRICE, JULIE A 1520 GULF BLVD # 1502 421 ROYAL POINGIANA DR CLEARWATER FL 33767 - 2957 1988 GULF TO BAY BLVD TAMPA FL 33609 - 3635 CLEARWATER FL 33765 - 3550 BRIDGES, CHARLIE J BRIDGES, WILLIAM G BRINKLEY, JESSE A BRIDGES, JEAN A BRIDGES, DEBORAH L BRINKLEY, KAYE F 3107 STONEWATER DR 3422 ARROWWOOD DR 1520 GULF BLVD # 704 LAKELAND FL 33803 - 5901 LAKELAND FL 33811 -1927 CLEARWATER FL 33767 - 2955 BRODIE, ALAN S BROWN, JAMES .1 BRUNDAGE, JOHN H 1480 GULF BLVD # 811 BROWN, ROBINS BRUNDAGE, BARBARA B CLEARWATER FL 33767 - 2852 1501 GULF BLVD # 708 1501 GULF BLVD # 704 CLEARWATER FL 33767 - 2903 CLEARWATER FL 33767 - 2903 BRUNST, VICTOR D BRYANT, WILLIAM BUJDUD, CHRISTIAN W 109 MARINA DEL REY CT BRYANT, MARLENE BUJDUD, MAUREEN PATRICIA CLEARWATER FL 33767.2939 121 SGHOOL HOUSE LN 192 BARCLAY DR BOXBORO MA 01719 - 1033 S I AIVIFOh(D Li 1 Ut39US - 431 `I BURCHFIEL, JOSEPHINE T BUTLER, STEPHEN M CALDWELL, CHARLES L THE BUTLER, JOYCE E 330 MIDDLE CREEK RD 9540 GULF BLVD # PH8 SEVIERVILLE TN 37862 - 5007 12630 TRADITION DR CLEARWATER FL 33767 - 3905 DADE CITY FL 33525 - 8275 CAMISCIOLI, THEODORE CAPOTE, GEORGE CASHMAN, CHARLES A CAMISCIOLI, ELIZABETH CAPOTE, LUCY 103 MARINA DEL REY CT 1480 GULF BLVD # 1201 1480 GULF BLVD # 202 CLEARWATER FL 33767 - 2939 CLEARWATER FL 33767 - 2853 CLEARWATER FL 33767 - 2850 CASTILLO, ORLANDO J CATY, J CHARLES CETERA, WALTER J CATY SALLIE A CASTILLO, CECILIA C CETERA, SHARON L 10 ENNISCLARE DR 4801 CULBREATH ISLES RD 1580 GULF BLVD # 505 TAMPA FL 33629 - 4826 OAKVILLE ON L6J 4N2 04401 - CLEARWATER FL 33767 - 2965 CANADA CHAMPOUX, MAURICE R CHANDARANA, HIMANSHU CHASE, PHILIP CHAMPOUX, PAULINE M CHANDARANA, SUREKHA DOW-CHASE, DEIRDRE 229 PINE ST 7848 LEATHER FERN CT 1480 GULF BLVD # 1103 LEWISTON ME 04240 - 8307 PINELLAS PARK FL 33782 - 4318 CLEARWATER FL 33767 - 2$53 i ~ I BANOOB, SAMIR N BANOOB, SAMIR N BARRATT, DEE LIVING TRUST BANOOB, NARGIS R BANOOB, NARGIS R 5294 BEECHMONT DR 1540 GULF BLVD # 2103 4303 AVE CANNES GREENSBORO NC 2741 0 - 9556 CLEARWATER FL 33767 - 2964 LUTZ FL 33558 - 5334 BARRON, DAVID R BARTHOLOMEW, VICTORJA L BEASLEY, GIZELLA 5170 ROLLMAN ESTATE DR 156 MARINA DEL REY CT 1480 GULF BLVD # 208 CINCINNATI OH 45236 - 1465 CLEARWATER FL 33769 - 0001 CLEARWATER FL 33767 - 2850 BEAUCHAMP, PHILIP K BEHMAN, RONALD JR BELLEW, DELANO E 1580 GULF BLVD # 1403 BEHMAN, LEE N BELLEW, LINDA S CLEARWATER FL 33767 - 2983 1484 GULP 6LVD'# 309 1540 GULF BLVD # PH 1 CLEARWATER FL 33767 - 2850 CLEARWATER FL 33767 - 3905 BENITEZ, ORLANDO BENNER, PATRICIA A BENOS, JUDY DIAZ-ALBERTINI, ANAMARIA 1480 GULF BLVD # 409 BENOS, CONSTANTINE C 8266 TIBET BUTLER DR CLEARWATER FL 33767 - 2851 8019 WATKINS DR WINDERMERE FL 34786 - 5815 CLAYTON MO 63105 - 2516 BENTLEY, ERIC T BENWARE, JOANN BERRYMAN, DWIGHT 780 BROAD WAY #4-G 148 MARINA DEL REY GT BERRYMAN, NANCY LONG BEACH NY 11561 - 2863 CLEARWATER FL 33767 - 2945 9418 UTE DR GOLDEN CO 80403 - 8316 SEVER, PATRICIA D . BILLEB, HANS DIETER BINDER, KARL G BILLEB, LIGIA C 1540 GULF 6LVD # 308 1520 GULF BLVD # 801 1520 GULF BLVD # 304 CL~AFIWATER FL 33767 - 3903 CLEARWATER FL 33767 - 2955 r/LEAhCV1lATER FL 3376'r - 2954 BIRBILIS, GEORGE J THE BISHAY, ADEL A BISSETTA, RONALD THE 1540 GULF 6LVD # 404 BISHAY, SAWSAN G BISSETTA, NORMA THE CLEARWATER FL 33767 - 2960 $158 NEW OSPREY PT 282-08 80TH AVE WEEKI WACHEE FL 34607 - 4040 FLORAL PARK FL 11004 - 1555 BLACK, TONI M 81-ACKMAN, BR1CE E SOCCHINO, EDWARD D 1480 GULF BLVD # 41Z BLACKMAN, FERNE L THE HITE-BOCCHINO, PAMELA CLEARWATER FL 33767 - 2851 PO BOX 813 1540 GULF BLVD # 2105 VERMILION OH 44089 - 0613 CLEARWATER FL 33767 - 2964 BOETTLE, VICTOR R BOONE, JOHN J BORACHI, NAZIMUDDIN BOETTLE, SUSAN S 1520 GULF BLVD # 1703 BORACHI, SHAMIMARA PO BOX 4808 CLEARWATER FL 33767 - 2857 2787 POST ROCK DR SEMINOLE FL 33775 - 4608 TARPON SPRINGS FL 34688 - 7356 BORELL, MARTIN H THE BOURQUE, NORMAND R BOUTROS, W R APT 1006 BOURQUE, MANON B BOUTROS, MARIE J 10 RUE SOUILLY 1560 GULF BLVD 83 JOHN VALLEY DR CLEARWATER FL 33787 - 2982 LORRAINE PQ J8Z 3Y5 00001 - FISHERSVILLE VA 22939 - 2049 CANADA ..~ t1' ~~, t} ~! CITY OF CLEARWATER PUBLIC HEARING NOTICE LAND USE PLAN AND ZONING ATLAS AMENDMENTS NOTE: All persons wishing to address an item need fo be present at the BEGINNING of the Community Development Board meeting. Those cases that are not contested by the applicant, staff, nei_ghborin_p property owners etc. will be placed on a consent agenda and approved by a sin_p/e vote at the be_ginnin_p of the meetin_p. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7973-08 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 EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM RESIDENTIAL MEDIUM (RM) AND PRESERVATION (P) TO RECREATION/OPEN SPACE (R/OS) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7974-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM BUSINESS (B) TO OPEN SPACE/RECREATION (OS/R) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearings: Tuesday, September 16, 2008 before the Community Development Board, at 1:00 p.m. Thursday, September 18, 2008 before the City Council (1S` Reading), at 6:00 p.m. Thursday, October 2, 2008 before the City Council (2~d Reading), at 6:00 p.m. All public hearings on the ordinances will be held in Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave, Clearwater, Florida. (City of Clearwater) LUZ2008-05802 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Council for final disposition. Five days prior to the CDB meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the Planning Department 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal. Michael Delk Cynthia E. Goudeau, CMC ` • w Planring Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT OF THE SUBJECT PROPERTY A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. To learn more about presenting to Clearwater boards and City Council, go to http://Clearwater.granicus.comNiewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. _')/} of c -~ ____ : ~- ~1-~1~..~- 4..~-~.~,.-~- ~-~-~1 -~ r!..~.,I~_ ~~ i~ ~~~r.SI ! ~f t,.,l-c...~~ ~ 0 ~~fi~ . 2. `7 - ~ f ~ ~ ~ Asa 3 ~_.~-:z,:..~-~'- __~...., c;,~, ~.: % _ „~,, t /li-~`°~-~.--- ~ f%'~'~',J- ,~ ~~")-~/.~' fem.: ~ .~•~~I _ a __// E ~ ~> `~..1 / / V ~ ~ J FF, ' ~~~ t~ ~ ~~~ Official Records 727-562-4 ~ • 2121 r ~CUt1~E08-05tb02~ 585 148D GWLF BLVD LLC 125 PHARR RD NW ATLANTA GA 30305 - 2154 ABOURJAILY, SHEILA M 15@0 GULF BLVD # 904 CLEARWATER FL 33767 - 2982 ADAMS, MICHAEL D MC CONNELL-ADAMS, SARA J 4116 ASHMORE RD COLUMBUS OH 43220 - 4610 AKALIN, MUSTAFA T AKALIN, YURDANUR 1480 GULF BLVD # 904 CLEARWATER FL 33767 - 2852 705823 ONTARIO ING 10 INGLEWIEW DR INGLEWOOD ON LON 1K0 CANADA ABADIR, FAROUK H ABADIR, FATEN 00001 - 9412 CR 107 PROCTORVILLE OH 456fi9 - 8776 ACKERMAN, FREDERICK W ACKERMAN, RENEE C 1591 OLD JACKSONVILLE RD WARMINSTER PA 18974 -1221 ADDABBO, FRANK M ADDABBO, JUDITH B 6102 CHES CT ORLANDO FL 32819 - 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2960 117 MARINA DEL REY CT CLEARWATER FL 33767 - 2963 CLEARWATER FL 33767 - 2941 WAHL, FERENC WALCK, CLARENCE E WALL, CAROLYN J WAHL, VALERIE WALCK, CHARLOTTE P 1600 S OCEAN BLVD # 1201 1560 GULF BLVD # 906 1480 GULF BLVD # 303 LAUDERDALE-BY-THE-SEA FL 33062 CLEARWATER FL 33767 - 2982 CLEARWATER FL 33767 - 2850 - 7709 WALTON, NANCY TRUST WAN, LEE WATSON, BARRY A 528 WESTOVER PASS WAN, LISA BEGLEY, JAMES S GRAND BLANC MI 48439 - 1017 1560 GULF BLVD # PH5 1540 GULF BLVD # 1601 CLEARWATER FL 33767 - 2985 CLEARWATER FL 33767 - 2963 WEG, KARL FAMILY TRUST WEIMER LINDA L WEINTRAUB, ALAN M , WEG, MARIA FAMILY TRUST 1540 GULF BLVD # 701 ZAREMBA, SHARON L 1501 GULF BLVD # 807 CLEARWATER FL 33767 - 1520 GULF BLVD # 1607 CLEARWATER FL 33767 - CLEARWATER FL 33767 - 2957 WEISEMILLER, JOHN WEISSMAN, MARILYN WELESKI, ANTHONY L WEISEMILLER, GWYN 1540 GULF BLVD # 1902 WELESKI, FAY N 1501 GULF BLVD # 305 CLEARWATER FL 33767 - 2963 611E 1ST AVE CLEARWATER FL 33767 - 2902 TARENTUM PA 15084 - 2005 WHARTON, JOHN W WHARTON, JOHN W WHEELER, ROBERT R WHARTON, JOANNE B WHARTON, JOANNE B WHEELER, MARTHA 1540 GULF BLVD # 1706 212 GEORGETOWNE HOUSE 189 ELM ST CLEARWATER FL 33767 - 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2902 ZOGBY, SYLVIA M 104 BIRCH KNOLL RD WILMINGTON DE 19810 - 1304 ~ • S:\Sweeps\Gateway 08\SweepSummaryStats_InspectorRpt.rpt