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REZ2008-07007
CITY OF C APPLICATION FOR ZOl PLANNING MUNICIPAL SERVICES BUILDING, 1 PHONE (727) 562-4; 2855 GULF TO BAY BLVG REZ2008-07007 BELLA TERRA Zoning: C atlas# 3008 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: BVG Acquisition, Inc. MAILING ADDRESS: 4300 N.W. 89th Blvd., Gainesville, FL 32606 PHONE NUMBER: 352-337-8686 FAX NUMBER: 352-337-8610 PROPERTY OWNERS: BVG Acquisition, Inc. (List all owners) AGENT NAME; Katherine E. Cole, Esq., of Johnson, Pope, Bokor, Ruppel & Burns, LLP MAILING ADDRESS: 911 Chestnut Street, Clearwater, FL 33756 PHONE NUMBER: 727-461-1818 FAX NUMBER: 727-462-0365 SITE INFORMATION: LOCATION: South side of Gulf-to-Bay Blvd., in between Sky Harbor Dr & Cross Blvd. STREET ADDRESS: 2855 Gulf-to-Bay Blvd. LEGAL DESCRIPTION: See Exhibit "A" attached hereto PARCEL NUMBER: a portion Of 17-29-16-03006-000-_0.200 a~ EXISTING ZONING: MDR PROPOSED ZONING CDR ~ Cis LAND USE PLAN ~ ~ c~Y CLASSIFICATION: ~ ~i~"' SIZE OF SITE: 28.65 acres m. o. 1. REASON FOR REQUEST: See Exhibit "B" attached hereto I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. ~~~,c-ll~~Pht..l~-~ ~.Q . Signature of property owner or representative Katherine E. Cole, Esq. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this I s ~' day of J'u L y , A.D., 20~$to me and/or by Katherine E. Cole ,who is personally known has produced as identification. ~V ~s~~ otary public, my commission expires: Gina L. Canopari fission # DD492001 `Expires January gonOeCTioyFaHt IMUrance.~nc 800.385-7019 Page 1 of 2 ;~,,:... .~._ • kK °~; ~:., Sew i.7 ,~,°~ ~.` ',.°3 I~ S~«~ l CITY OF CLEARWATER ,,l- ~ PLANNING DEPARTMENT Q MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"d FLOOR 9q~A~ ~~o~ PHONE (727)-562-4567 FAX (727) 562-4576 SUPPLEMENTAL INFORMATION REQUIRED FOR APPLICATIONS FOR ZONING ATLAS AMENDMENTS -~ Please submit 15 copies of the attached Application for Zoning Atlas Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership (Only 1 copy is required). n~°I Names of all persons or corporations having a contractual interest in the property. "~~~ A copy of any existing deed restrictions to which the City is a part relating to the property. ^~°`- Any request for a rezoning which is inconsistent with the Future Land Use designation in the Comprehensive Plan must be accompanied by an application for a Future Land Use Plan Amendment. Attendance at Public Hearings The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Standard for Review All approvals of zoning atlas amendments must comply with the following standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed fio implement the Plan. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. 5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. 01~:F~~.~R~;`~ . _ ..:~ y~ ZOQB Page 2 of 2 p ~dsYOr~ ~;~~:,,~~ F~ ~p N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed -PRINT full names: BVG Acquisition, Inc., a Florida corporation 2. That (I amhve are) the owner(s) and record title holder(s) of the following described property (address or general location): 2861 (a/k/a 2855) Gurf to Bay. Boulevard, Clearwater 3. That this property constitutes the property for which a request fora: (describe request) Application for Zoning Atlas Amendment 4. That the undersigned (has/have) appointed and (does/do) appoint: ,Katherine _E. Cole, Es4.,,of Johnson., Pope, Bokor,,Ruppel & Burns, LLP as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives tovisit and photograph the property described in this application; 7. That (I/we), the undersigned authority, hereby certify that the foregoing is We and coned. BVG Acquisition Inc Pro e n Property Owner ~~~ ~ ~ P p ner Property Owner Name: q~1Q c~1~2r - `STATE OF FLORIDA ' Title: Pr es~ de~-F COUNTY OF ~-~ ~ ~ A Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this ~~~..___._...._.. day of SJI..~~~,J o~ ~g_ _ personally appeared 1~51~ ~~l'PJ!___L. , _L:?~~~ Ch`~w~o having been first duly sworn --.... _. _.. ~l- Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. ao~'nr po~^ Notary Public State of Florida _ Katherin M Self ~~t ~~~~ ~~ 9~~ ~- _ .._-.._. ,o o My Commission DD663501 Notary Public Signature Ex fires 06/14/2011 No ary ea My Commission Facpires: ~ _I.~~_o~~ I.__~...._..___ _._ _. _,_,_. _._ __ ~~e~'~ye~b~~r~,GL ~~~~4~ C:\Documents and Settings\derek.ferguson\Desktop\planningfonns_0707\Comprehensiva Infill P[oj~d1(F~ 04-24-07.doc Page 8 of 8 ~ - • • [U d~t,t'~P~~~i~~ ~b~"~Em~l~P~T ~B i ~' ~3r~ f ~~ Gd".~'d".~:a ~ ~I~ r EXHIBIT "A" TO APPLICATION FOR ZONING ATLAS AMENDMENT Legal Description DESCRIPTION: A tract of land lying within Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Northwest corner of Block 2 of "A RESUB OF BASKIN'S REPEAT", as recorded in Plat Book 24, page 42, of the Public Records of Pinellas County, Florida; thence North 89'46' 01" East .along the North line of said Block 2, 1206.41 feet; thence continue North 89'46'01" East a distance of 200.00 feet; thence leaving said line South 00'37' 03' West a distance of 150.02 feet; thence North 89'46' 01" East a distance of 60.01 feet; thence South 00' 37' 03" West a distance of 260.00 feet for a POINT OF BEGINNING; thence continue South 00' 37' 03" West a distance of 967.93 feet; thence South 69'21' 23" West a distance of 314.28 feet; thence South 52'28' 54" West a distance of 215.00 feet; thence North 39' 01' 06" West a distance of 654.81 feet; thence North 50° 58' 50' East a distance of 52.16 feet; thence North 3'4' 14' S3" West a distance of 40.00 feet; thence North 13' 41' 04" East a distance of 21.51 feet; thence North 50'45' 48" East a distance of 154.86 feet; thence North 61' 21' S3" East a distance of 4.55 feet; thence North 39' 11' 48' East a distance of 22.26 feet; thence North 42' 12' 55" West a distance of 67.34 feet; thence North 31' 09' 17" West a distance of 141.97 feet; thence North 27' 02' 41" West a distance of 181.44 feet; thence South 42'07' 22" West a distance of 113.46 feet; thence South 82' 16' 09" West a distance of 112.08 feet; thence North 27'46' 45" -West a distance of 13.51 feet; thence South 65'46' 35" West a distance of 25.55 feet; thence North 23'27'38" West a distance of 34.80 feet; thence South 62' 09' 34" West a distance of 88.09 feet; thence North 39'01'06" West a distance of 260.77 feet; thence North 00'13' 59' West a distance of 282.35 feet; thence North 89'46' 01" East a distance of 135.20 feet; thence South 41' 34' 50" East a distance of 34.65 feet; thence North 48' 24' 08" East a distance of 99.89 feet; thence North 89' 46' 01" East a distance of 771.29 feet; thence South 38' 27' 39" East a distance of 330.94 feet; thence North 89' 46' 01" East a distance of 191.21 feet to the POINT OF BEGINNING. O~'~T "n~r"~ le'~~:~~~~~ lrGYt~}S~l.~ ~..~ ~n ....... ra '~li s `~ fir. r~ ~ ~ ~ ~,. ~ . ..;d-..~...., ~it EXHIBIT "B" TO APPLICATION FOR ZONING ATLAS AMENDMENT The subject property consists of approximately 28.65 acres m.o.l. located at 2855 Gulf to Bay Boulevard ("Property") and is currently developed as an assisted living facility providing independent living and congregate care to its residents. The Property is currently zoned Medium Density Residential (MDR) with a land use designation of Residential Medium (RM). The Applicant requests a rezoning atlas amendment to Medium High Density Residential (MHDR) so that it may operate as a life care center, providing the above services, as well as skilled nursing, to its residents. Standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The MHDR zoning category allows the existing uses of the property to conform to Code and allows for the additional use of a skilled nursing center. This Property has operated as an assisted living facility since 1965. The requested MHDR zoning district is compatible with the existing land use designation of RM. The Plan provides for the Residential Medium land use designation to be paired with zoning categories of either Medium High Density Residential or Medium Density Residential (Policy 3.2.1). This proposed rezoning reflects both the actual use and the proposed use of the site and is compatible with the current land use. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. The current uses have been in existence at this location for 43 years. Simultaneous to this application, the Owner has submitted a flexible development application (FLD2008-05012) for the redevelopment of a portion of the Property. The existing and proposed use of this Property is compatible with the residential theme/uses of the area. There is an existing skilled nursing facility located in the MHDR zoning category adjacent to the Property. OS~t~a~r'~ P~C~I~~EO Y bJ"`~'1 ~1'R'1f P.lP'~ jam, ,s; -. ., ..c .. .. ,W^~ 3. The amendment does not conflict with the needs and character of the neighborhood and the City. The Property is located on the south side of Gulf to Bay Boulevard and is surrounded by commercial and residential uses. West -Clearwater Mall, Sky Harbor Estates (Mobile Home Park), and Harbour Wood Nursing Home East -private estate residence, a restaurant and retail facility South -Clearwater Bay North (across Gulf-to-Bay) -restaurant, overnight accommodations and commercial uses This amendment provides for the current uses, compatible with the neighborhood, to continue. The current use provides assisted living, independent living and congregate care to its residents, and the neighborhood will not be affected by the change in zoning which will allow skilled nursing. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. The rezoning will not have an adverse effect on any of the existing improvements or neighboring properties. 5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. The proposed zoning is consistent with the existing use of the property and the underlying land use plan. Adding skilled nursing to the facility will not increase density, nor will it affect traffic. The rezoning of this property does not impact the existing infrastructure as existing and proposed uses are consistent with the Comprehensive Plan. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. This property consists of one parcel of land, a portion of which fronts Gulf to Bay Boulevard. Adjacent to the property are other residential uses, consisting of mobile home, assisted living/skilled nursing and single family residential properties. The district boundaries are appropriate for this area as it creates a large contiguous area of MHDR zoning. Currently, there is a smaller area of MHDR adjacent to the Property where a skilled nursing center is located. 49652.115968 #442988 ~I<i+~u~li~. haloC~#l~ ~~~ ~:- ° ~ ~ zoos i lei ~,ra ..'2 ~ ~ e I#: 2006049711 BK: 14922 PG: 1724, 02/09/2006 at 11:33 AM, RECORDING 4 PAGES $35.50 D DOC STAMP COLLECTION $118300.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU04 uv '• :A`} J •~~ !" ~ 1. ~ ~g- .-~:.., ;- .~ Thie instrument prepared by =, ~`~•-~ .~ , f `, • ; 5.~ (~#e3r r ;, . f Samuel P. Queirolo . ~~ HOLLAND ~c HN1GH') LLP P. O. Box 1288 Tampa, FI, 33~d•1 `l~$8 '~ 4. 7 1?2916-03006`~OI~~4200 Property AppxBis~i's Parcel Identifica~iprt 1;+T~umber(s) ~.. , l~•~ i~ (/. ZV ~. SPECIAL WARRANTY DEED ..: ~. . --=:~Z':~e Grantor, P~orton plant Mease Lifs Ser~rices, T_nc., a Florlda not-for-profit corpo~ra~•ion (d/b/a Bayview Gardens, successor by merger to Bayview Gardens Ifiaps~g, Inc., Congregational Rouse, Inc., and Morton Plant Life Services, Inc.), ;-whose mailing address is 300 PineIIas Street, Clearwater, FL 33756, in r~'~~poi~sideration of ten dollars and other valuable considerations received from the .; ••~G-r'antee, hereby grants and conveys to the Grantee, BVG Acquisition Inc., a Florida ;'root-for-profit corporation, whose mailing address is 4300 N. W. 89th Blvd., Gainesville, FL 32606-0?49, the real property in Pinellas County, Florida, described on attached Exhibit A. As against all persons claiming by, through, or under the Grantor, the Grantor hereby covenants that the property is free of all encumbrances, subject to lien for real estate taxes not yet due and payable and to all other matters set forth on attached Exhibit B, that lawful seism of and good right to convey the property are vested in the Grantor, and that the Grantor hereby fully warrants the title to the property and will defend the same against the lawful claims of all persons claiming by, through, or under the Grantor. Dated this 3~~ day of~1~v 2006. Morton Plant Mease Life Services, Inc. ~~ a Florida not-for-profit corporation By: ~j~~ Denton W. Crockett, Jr., as its President C~l~;~^~$lVd~d. R~~~4i7 - - :. °~' = 2006 Signed in the presence of PINELLAS COUfITY FL OFF. REC. BK 1A922 PG 1725 ;~ :~ •R. ~ 3 l r~'• ~` (< ~~ STATE OF FLORIDA is ~~' ~' ~' ' ( Y ~'• i COiTNTY OF ~'`~~ s;~iosv ;, ~`,-~ ~ ~- .._._• 5 The foregoing instrument was acknowledged before me this ~f day of ~an~.~..+ 21}©fi~~by Denton W. Crockett, Jr., as President of Morton Plant Mease Life Ser~rie~s;~'` Inc., a Florida not-for-profit corporation, d/b/a Bayview Gardens, succes~o_ •~liy merger to Bayview Gardens Housing, Inc., Congregational House, Inc., :~,cl Dorton Plant Life Services, Inc., on behalf of the not-for-profit corprporation ~}`'~~=~'ie or she is personally known to melbas produced .Li~.d ~frtks''_•PP_pc~+tt 7t as identification. i \, ~' ~ ~ ~ (~i ',, `~'` (SEAL) i `~` • Printed/Typed ame: ;'• Notary Public-State of ~•, Commission Number ~^ - My Commission Expires• ~ i_ + ;1 . .. ~ ~r y h#3524970 vl y~ ~:~ My~~ ~~'Nt RED a~~: MQ !ON# DDf1418p Bavo¢an~~~r ae~~Eg t2~ :~~~~ ~ • PINELLAS COUNR'Y FL OFF. REC. I3K 14922 PG 1?26 i`~, ,k i `% i .~..~,` ~t"'z 1 ~~ EXEIIBIT A ~- ~ry' s- Parcel No. l: A tract of land lying within Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly,~esen~bed as follows: Commence at the Nortliwest~ comer of Block 2 of "A RESUB OF BASKIN'S REPEAT", as recorded in Plat Book 24, page ~2;of the Public Records of Pinellas County, Florida; thence North 89° 46' O 1" East along the North lijne.~f skid Block 2, 1206.41 feet for a POINT OF BEGINNING; thence continue North 89 ° 46' Ol" Eastatli~t~ice of 200.00 feet; thence Ieaving said line South 00° 37' 03" West a distance of 150.02 feet; thenee;T~jortb 89° 46' O1" East a distance of 60.01 feet; thence South 00° 37' 03" West a distance of ~6Q~O~fieet; thence South 89° 46' Ol" West a distance of 191.21 feet; thence North 38° 27' 3.9" West a dist8riee a#~330.94 feet thence North 89° 46' Ol" East a distance of 139.84 feet; thence North 00° 3T 03" F2sf•'~'di'stance of 150.02 feet to the POINT' OF BEGINNING. A trxcti~£~~nd lying within Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, and bung mote particularly described as follows: Coinmepbe at the Northwest corner of Block 2 of "A RESUB OF BASKIN'S REPEAT", as recorded in ;-Flat Bgok 24, page 42, of the Public Records of Pinellas County, Florida; thence North 89° 46' O1" East -' al"dng'the North line of said Block 2, 1206.41 feet; thence continue North 84° 46' O1" East a distance of `,, ~2t14-:00 feet; thence leaving said line South 00° 37` 03" West a distance of 150.02 feet; thence North 89° { ~ -`' •..14f' Ol" East a distance of 60.01 feet; thence South 00° 37' 03" West a distance of 260.00 feet for a '~- --POINT OF BEGINNING; thence continue South 00° 37' 03" West a distance of 967.93 feet; thence South 69° 21' 23" West a distance of 314.28 feet; thence South 52° 28' S4" West a distance of 215.00 feet; thence North 39° Ol' 06" West a distance of 654.81 feel; thence North 50° 58' S0" East a distance of 52.16 feet; thence North 34° 14' S3" West a distance of 40.00 feet; thence North 13° 41' 04" East a distance of 21.51 feet; thence North 50° 45' 48" East a distance of 154.86 feet; thence North 61° 21' S3" East a distance of 4.55 feet; thence North 39° 11' 48" East a distance of 22.2d feet; thence North 42° 12' S5" West a distance of 67.34 feet; thence North 31° 09' 17" West a distance of 141.97 feet; thence North 27° 02' 41" West a distance of 181.44 feet; thence South 42° 07' 22" West a distance of 113.46 feet; thence South 82° 16' 09" West a distance of 112.08 feet; thence North 27° 46' 45" West a distance of 13.5 l feet; thence South 65° 46' 35" West a distance of 25.55 feet; thence North 23° 27' 38" West a distance of 34.80 feet; thence South 62° 09' 34" West a distance of 88.09 feet; thence North 39° O1' 06" West a distance of 260.77 feet; thence North 00° 13' S9" West a distance of 282.35 feet; thence North 89° 46' 01" East a distance of 135.20 feet; thence South 41° 34' S0" East a distance of 34.65 feet; thence North 48° 24' 08" East a distance of 99.89 feet; thence North 89° 46' Ol" East a distance of 771.29 feet; thence South 38° 27' 39" East a distance of 330.94 feet; thence North 89° 46' O1" East a distance of 191.21 feet to the POINT OF BEGINNING. Parcel No. 3: Non-Exclusive perpetual easement{sj for ingress, egress, and utilities as set forth in Declaration of Non- Exclusive Easements and Maintenance Agreement, recorded in Official Records Book 11602, Page 1568, of the Public Records of Pinellas County, Florida. 4~ Dl' R~ ~ ...... ~p+~ 2~r0~Q8 - PINELLAS COUNTY FL OFF. REC. BK 14922 PG 1727 ;.S ;, i ``. - `~:,y ;`•~ ! i ~~' ~ ~ EXHIBIT B ~,. ~:,;' r .: r~' ~ ~ 3 t 1. Easement{s) granlecl-f;o-the City of Clearwater recorded July 2, 1963, in Official Records Book 1712, Page 34~,•8f the Public Records of Pinellas County, Florida. 2. Easement{s) =~ted to the City of Clearwater recorded June 36, 1965, in Official Records Book.,~174; Page 498, of the Public Records of Pinellas. County, Florida. 3. Easements} granted to the City of Clearwater recorded September 9, 1965, in Official Records ~ob1~,3224, Page 664, of the Public Records of Pinellas County, Florida. 1, _, \Y 4. Easenaeit(~~granted to Florida Power and Light Company recorded October 22, 1965, in Offic1~l,Rtecbrds Book 2252, Page 636, of the Public Records of Pinellas County, Florida. 5. E 'as~ine~(s) granted to Florida Power Corporation recorded July 12, 1966, in Official R@Cords ook 2419, Page 280, of the Public Records of Pinellas County, Florida. 6. ~' ~asetnent(s) granted to Florida Power Corporation recorded November 14, 1973, in - ;Official Records Book 4103, Page 53, of the. Public Records of Pinellas County, r lorida. .. .„ 7. +~ ~.~ basement{s) granted to the City of Clearwater recorded July 15, 1975 in Official Records ,~'~•`~...Book 4309, Page 63, of the Public Records of Pinellas County, Florida. . ~~ 8: ~.`•• - ~ ~ Terms, covenants, conditions and other matters contained in the Cable Lease Agreement `' ~`~`'~ "` recorded January 6, 19$4, in Official Records Book 5677, Page 101, of the Public Records `; of Pinellas County, Florida. ~``8.. Easement{s) granted to Florida Power Corporation recorded December 1, 1995 in Official Records Book 9180, Page 511, of the Public Records of Pinellas County, Florida. 10. Easements} granted to the City of Clearwater recorded December 14, 1985, in Official Records Book 9192, Page 2174, of the Public Records of Pinellas County, Florida. 11. Easement(s) granted to the City of Clearwater recorded August 21, 1996 in Official Records Book 9440, Page 506, of the Public Records of Pinellas County, Florida. 12. Terms, covenants, conditions, easement(s) and other matters contained in the Declaration of Non-Exclusive Easements and Maintenance Agreement recorded October 1, 2001, in Official Records Baok 11602; Page 1568, of the Public Records of Pinellas County, Florida. 13. Terms, covenants, conditions, easement{s) and other matters contained in the Declaration of Non-Exclusive Cross Access Easements and Maintenance Agreement recorded February 8, 2002, in Official Records Book 11831, Page 868, of the Public Records of Pinellas County, Florida. 14. Terms, covenants, conditions and other matters contained in the Easement Agreement recorded May 28, 2002, in Official Records Book 12023, Page 1386, of the Public Records of Pinellas County, Florida. 15. Easement(s) as disclosed by document recorded December 27, 1967, in Official Records Book 2741, Page 742, of the Public Records of Pinellas County, Florida. F:~~:~t - - •- '~ < 2000 LEGAL DESCRIPTION DESCRIPTION: A tract of land tying within Section 17, Township 29 South, Range: 16 Eost, PineiFas County, Florida, and being more particularly described as' follows: Comrrience at the Northwest corner of Block 2 of "A RESUB OF i~ASKIN'S REPEAT", as recorded in Plaf Book 24, page 42, of the Public Records of Pinellas County, Florida; thence North 89'46' 01" East along the North line of said Block 2, 1206:41 .feet; thence continue North ,89'46'01" East a distance of 200.00 feet; thence leaving said line South 00'37' 03.' West a distance of. 15p.02 feet; thence North 89'46' 01" Eost a distance of 60.01 feet; thence' South -00' 37' 03" West a distance of 260.00 feet for a POINT OF BEGINNING; thence continue South t)0' 37' 03" West, o distance of 967:93 feet; thence South 69'21' 23" West a distance of 314.28 feet; thence South 52'28' S4" West a- distance of 215.00 feet; thence North 39' 01' 06" West a. distance of 654.81 feet; thence Northi 50° 58' S0' East a distance of 52.16 feet; thence -North 34' 14' S3" West a distance of 40:00 feet; thence North 13' 41' 04" East a distance of 21.51 feet; thence North 50'45' 48" East. a distance of 154.86 feet; thence North 61' 21' S3" East a -distance of 4.55 feet;. thence North 39' 11' 48' East a distance of 22.26- feet; thence North 4.2' 12' 55" West a distance of 67.34 feet; thence North 31' 09' 17" West a distance of 141.97 feet; thence North 27' 02': 41" West.. a distance of 181:44 feet; thence South 42'07' 22" West a distance of 113.46 feet; thence South 82' 16' 09" West a distance of 1.12.08 feet; thence North- 2746' 45": -West a distance of 1.3.51 feet; thence South 65'46' 35" West o distance of25.55 feet; thence :North 23'27'38" West a distance of 34.84. feet; thence South: 62' 09' 34" West' a distance of 88:09 feet;` thence North 39'01'06" West d distances: of 26.0.77 feet; thence North 00"13' b9' West a distance ofi 282:35 feet; thence North 89'46' 01" East a distance of 135.20 feet; th nce South 41' 34' S0" East a distance of 34.65 feet;. thence. North 48' 24' 08" East a distance of 99.89 feet; thence North 89' 46' 01" East o distance of 771.29 feet; thence South 38' 2T 39" Eas# a distance of 330.94 feet; thence North 89' 46' 01" East a distance of 191.21 feet to the POINT OF BEGINNING. LESS AND EXCEPT: 1lxit certain port;lori,;~'~a.! 3, Ba>:kin' ~ Rrplat, acop~i><ig t4 the • map ~ plat thereof ; _ recozded 3~n play -° ~; :.page 42, Public Reoor~ds of .Pinellas oowtty. ~Tlarida, lyit>tg fn Section 17; ~t~ip; 29~ I~t1z, ..Range 16- Fast, Pii><ellas~ Oountp, Florida, deaccibed• as follows: . • - • - ~`rom the norte~y mccaer of said 7,At 2 of p resubdivisicai of BA.SRIN' S , ; ae' wed itt a"'~"~blt 2~1, page 42; Ptabl.ic R~eoo~>rise of Pirsellas Go~ty,• ~Flvae:id~; aind ruh t$~;N:'•~9 .46 Ol'--. L., 60.0© feet along the >zori:therly line•=of saf,d Lot •2i •thence 3.. 00 3Y3~"~E., 190:A4: feet. fcr s ZFaint cf Begiinltlirrg; ttksna cont~ave S.. 00°,13-'59" •-• r ' 163,::~I•.f q`~.t..=;'. Menge N. ~ 4825',10" • E. ~ 11Q.73 feati e • N. 41 34'50" W. i 34.82 st~e>~-' S.'~Q9 46' 03" 'w: , 113.20 feet to ` ttlw Feint of eegi.nninq. I~ECE~VE~ AI~G 4 G 200 PLANNING DEPARTMENT C(iY OF ClEARWATElP Pinellas County Public GIS Viewer Property Report: ~ Close Window 2861. GULF TO BAY BLVD 17/29/16/03006/000/0200 fibs lA #T.' ~ ~.. +i , i o .+s c Pro~e~y Ao~r iffier Tax Collector Page 1 of 1 General Municipality: CLEARWATER Subdivison: BASKIN'S REPEAT RESUB Tax District: CW Census Block: 1024 Census Tract: 025405 Zipcode: .33759 Acreage: 31.396 Public Safet Fire District: OS -Clearwater Evacuation Level: C Political Voter Precinct: 606 District 1 At-Large District: Ronnie E. Duncan 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&5... 7/17/2008 zeae la O I efl:a J ,af s.ss ~ E ~ ~ r ~ e E Z R A S ~ P e 6. P.60 eEw Dmr.rO ~e Ar . i .iii,: o Y ~C i ' '~ ~ : i i e~ Q C r ~ j R i ii. L err, J . ~ I C m _._ ....., .,....._.._.. ' .._... ,eeN ~ j j ~ C ':MDR ~. i bxa I , l T / i P L._°_ J s ~ .. ~Q ~~ ~ , ` .::: I ~ ~:.. , I j ~ .e f ~ .. ~ ~ ~ \~a ~`~~ ~ woo ! L i K , I ~. v ~ P .. - 'A . .~ I Y ~ 8 :e ~ ` , ~ ~ O uv I E ~ 4 . I ~' m . ,\` `` E ~ ~ ` i ~~ \ n i. > Y, , j ~ } f .f 1 7i ~ ... ~a,b •M S' ~, ..... ,I `~ •~ • r- ~ EEV4LE BLVD. v ,v,f. 1 lPPNATEI ~ e .. 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Myrtle Ave., Clearwater, FL 33756 Ph.: (727)5623750, Fax: (727)526-4755 www.MyC learwater.com we~efDec FV68P hlmmeEM deb Is IivKShod by Pe Gry of Cbe,xebr IM use aMxuso AN WQ p E Peal 1~~YYY•,//J xov tw o S PESioENruL bsmrcrs lDP 'tOA'DanaM PwtleMH fMDP .~MeMen Deruty Ptltlen4l W~iP - DeNNPeatlmNd OR -,.bdunlp: 0.:eby PmMeMtl NDP -afEb MOaP/Pntle~lY MR .MOM. HOnePn GPNWD • DacNnen Pike Nagbbvbme CwgeneWn Ove,IN MMd IENMD 'Ovebf D'nbiN~M1eedieoe Dauwamn . mMA¢xdAL DUmicrs srerau usE~Dismicm o.0m.e iPr.im„wi,Nete.~.m r«neeavs r.reW,m i.iKiNmN, e.eemn.rdM OS'P.OPe SOeulPevee6mal O ~DOxnewm P. Reauveeen Me ~ City Owned Property Agreement to Annex D Annexation o Deannexation Correction c Retuning C»e_ ] SUB NUMBER (' - Raler to Plaq BLOCK NUMBER O SUB PARCEL NUMBER Dxrox PARCEL NUMBER (M88) LAND HOOK(COMMON OWNERSHIP) PLATTED SUSONISION BOUNDARY j~ COUNTY HIGHWAY O STATE HIGHWAY to U.S. HIGHWAY Outside City of Clearwater Zoning Atlas Mar 21, 2005 SW 1/4 0l 17-29-16 300A 29,A 2910 282A ~~~ .eD - Loa E [ , - R y ~ rv t s ~ E ~un J .:~?. 6 Clearwater - r, e ~ v cuLS ro aAr EwD ~~^~ ------------------ s.aw ---------------~---~--°------'-------------------- ------•------------------ E.z w PREPARED BY i I 9 <~ ~c x ~; ~ ~'q ~~rN ' ~ ~ o PUBLIC WORKS ADMINISTRATION ENGINEERING/GIS ~~ , 4 ~ ~ _,~ ' ~ ; a ~ ~ ~~ J ~ ~~°' 100 S. Myrtle Ave., Clearwater, FL 33756 ~ I ~! ~ ~~° :P 727)56 0, Fax: (727)526 wWw learwatercom • . ~ .o . ` . ............. ..........:.......hr.... rr , ~ `. , .~, : s ~ L A °. . ,. ; I r „ ~ ue Gpaeberwero. 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' aNrrr •ro P rw ey , GOMMERGK OR11XC1S SPEGN V9E OiSTXICTS ~ , r' ~ y i l 1 P O .OR¢e Xi. trduaiNL reertD Vd Terhrabpr 4 ~``\ 1 - e.cu:.~^.:ar aSX.aw s~peaX.ei.eaJ¢I D.pownron P~PeLeneean Me ~ ~ % • c ~ Clry Owned Property o ,.. ,:. ,,, :. , r ~ •. , _ ,,..• g ement to Annez A re ~~ ~- ~ ,r n '~ o Annexation q Deannexatlon •~ »' r~ ~ Correction D Rezgning ,,,, ~, . . j s \ ~ SUB NUMBER (' • Refar tD Plal) Ca~ / _ \ O BLOCK NUMBER \ r - 1 / \ O SUB PARCEL NUMBER t axc_ ~ %. ~ / t / ~ / \ \ \ avDe PARCEL NUMBER (M80( r ( J ~~ LAND HOOK (COMMON OWNERSHIP) / ~~ PLATTED SUBDNISION BOUNDARY f ~ / ~ COUNTY HIGHWAY ~' l W STATE HIGHWAY O .n / ~ to U.S. HIGHWAY / P r Outside City of Clearwater Zoning Atlas '- - - ~ -~~-~~ - ~- -. -: -- _. _ _.. .. _- _. -- - :. _.._ _.: Mar 21, 2005 I I SE 1/4 of 17-29-16 i 300B 310A • r _. S~ptu 7/2/2008 ~`l~• ~ Receipt #: 1200800000000005462 Io:3o:39AM ~y == `' Date: 07/02/2008 r Line Items: Case No Tran Code Description Revenue Account No Amount Paid REZ2008-07007 Rezoning-Atlas Amendment 001000000341263000 775.00 Line Item Total: Payments: $775.00 Method Payer Initials Check No Confirm No How Received Amount Paid Check SANTEFE HEALTHCARE 11VC R_D ap002547 In Person 775.00 Payment Total: $775.00 THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cReceipt.rpt Page 1 of 1 v • ORDINANCE NO. 7994-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED APPROXIMATELY 370 FEET SOUTHWEST OF THE INTERSECTION OF GULF-TO-BAY BOULEVARD AND CROSS BOULEVARD, CONSIST{NG OF A PORTION OF PROPERTY LOCATED IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2855 GULF-TO-BAY BOULEVARD, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR); 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: Medium Density Residential (MDR) (REZ2008-07007) To: Medium High Density Residential (MHDR) 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. `~ PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED November 6, 2008 November 18, 2008 Frank V. Hibbard Mayor Approved as to form: .~ Leslie K. Dougall- i s Assistant City Attorn Attest: • LEGAL DESCRlPTIDN DESCRIPTION: - A tract of (and lying. within Section 17, Township 29 South, Range: 16- East. Pineltas County; Florida, and being more particularly described as follows: ' Comrrience at .the Northwest corner of Block 2 of "A RESUB~ ~OF 13ASKIN'S' REPEAT". as .recorded ' in Plaf Book 24, page 42, of the Public Records of Pinellas County, Florida; thence North 89'46' '01" East.along the North line. of said Blocli'2.. 1205:41 .feet; thence continue North .89'46'01" East a distance of 200.00 feet; thence leaving said line South 00'37' 03' West a distance of. 154.02. feet; ~ tfience North 89'46' 01" Edst a distance of 60.01 feet; thence' Soutfi ~'QO' 37' 03" West a distance of 260.b0 feet for a' POINT• OF~ BEGINNING; thence continue South 00' 37' 03°~ West, a distance of 967:93- feet; thence South 69'21' 23" Nlest~• a. distance of .314.28- feet; thence South 52'28'54" West a- dlsfance of 2i 5:00 feet;' thence North ~39'~01' 06" West a. distance of 654.81 feet; ~ thence North 50° 58' S0' ~E6st a distance of 52.16 -feet; -thence North 34' 14' S3" West a distance of 40.1)0 feet; thence North 13' 41' 04" ~ Eost o distonce of 21.51 feet; thence North 50'45' 48" Eost. a distance of 154.86 feet; thence North' 61' 21'' S3" East a 'distonce of: 4.55 feet;, thence North 39' 11' 4$' East a distance of 2226 feet; thence North 42' 12'- 55" West a distance of 67.34 feet; thence North 31' 09' 17" West a distance of 141.97 feet; thence North 27' 02': 41" West. a• distance of 181:44 feet;- thence South 42'07' 22" 1~fest a distance of 113.46 feet; thence South 82' 16' 09" West- a distance of 11208 feet; thence North-~ 2T46' 45°:West a distance of 13.51 feet; thence South 65'46' 35"'West a distance of 25:55 feet; -thence ~lorth 23'27'38" West a distance of 34.80. feet; thence South: 62' 09' 34" West' a ~dlstance bf 88:09 feet;` the-tice North 39'01'06" West ddistance-: of 260.77 feet; thence North 00'13' 59' West.a distance of 282:35 feet; thence North 89'46' 01". East a rJistance of i35.2Q feet; thence South 41' 34' 50" East a distonce of 34.65 feet;..thence North 48'24' 0$" East a distance of 99.89-feet; thence North 89' 46' 01" East a distance df 771.29 feet; thence South 38' 27' 39°' East o distance of 330.94- feet; thence North 89' 46' 01" East a distance of 191.21 feet to the ~PO1NT ~OF BEGINNING. LESS AND EXCEI?T: 'I1xit oer~in portlbn;'io~:it 2, Bazkaui' a xeRiat, iric~ to the map or plat l~ereaf~; rewor=ded in~ Plat; ` ~; :-pac,~. 42, ]Public Reoo~c3s a~# _Pinellas oo~mt3r, •Elo~3da, lying f nl Se~cti.OC1 ly i t~f~% 29~ SOSlfh, Ratx;~e 16' East • Pine31.a8' Ebiimty, >:*learf da r dca~C3r.~ as fQ~lcws:, .. .. - . c~Y+om •the no~'a~.y ao~>aer crf acid 3,~ot 2 of a reaubdi~isiO:n oif BRS~tIN' S ~; :aa wed ia- #~ra~'-Bo6k Z~l. page 42; FUbl.ic R~eoa~Ia of Piriella~s Goia~ty,• 'Fla~i+~a-, ind ruh t~~;N: •~i .46`141!. L., 60.00 fret; altx~q true nartt>~'ly 13ne~af said Lot •Z= •then~ s.. 00 33`39":. E., -140:A0: feet. ofor a lPofr><t c~ ~egiiiaictq; ooiat~au~e 9.. 00°,13.' 59" . , 163: ~.fe~t s;, ~r~fpe N. ~ ~!8 23 ~ ~0" • E. ; 1?.O.y3 feet; it~erx~ • d: 41 34' S0" W. ; 34.8Y _ ~-'s."`ag 46*o~M -N:. ~~.zo feet to` tt~ >s ct 9egicros~sq. . ' ` 'GULF-T0-6AY'BLVD .I, .I,I. ~~I ~ O ~ O O ,- - -~ L '0~ J ~~ A ~ ' a I MDR "' .. H I~ J MHP ~ e ~: ,., ~° ~ I I "i'' " TI ~ II '~J I I , I ,T.I,I ' ~ II i ' _ HDR ~ I I I .... i ZONING Owner: BVG Acquisition, Inc. Case: REZ2008-07007 Site: 2855 Gulf to Bay Boulevard Property Size(Acres): 28.35 Land Use Zoning 17/29/16/03006/000/0200 PIN: From : (a portion of) RM MDR To: RM MHDR Atlas Page: 300A and 3008 Ordinance No. 7994-08 C:\Documents and Settings\gwen.hollanderlLocal Settings\Temporary Internet Files\OLK75\ZONINGS.doc ~ • • CDB Meeting Date: September 16, 2008 Case Number: REZ2008-07007 Addresses: 2855 Gulf to BayBoulevard Agenda Item: FF=2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER/APPLICANT: BVG Acquisition, Inc. REPRESENTATIVE: Katherine E. Cole, Esq.; Johnson, Pope, Bokor, Ruppel & Burns, LLP (911 Chestnut Street, Clearwater, FL 33756) LOCATION: 28.35 acres more or less, located approximately 150 feet south of Gulf to Bay Boulevard between Cross Street (east) and Sky Harbor Drive (west). REQUEST: Rezoning from the Medium Density Residential (MDR) District to the Medium High Density Residential (MHDR) SITE INFORMATION PROPERTY SIZE: 1,234,926 sq ft or 28.35 acres mol DIMENSIONS OF THE PROPERTY: Irregular (approximately 1,250 feet deep) PROPERTY USES: Current Uses: Detached Dwellings (Independent Living Units) and Assisted Living Facility Proposed Uses: Detached Dwellings (Independent Living Units), Assisted Living Facility and Nursing Home [Life Care Center] PLAN CATEGORY: Current Category: Residential Medium (RM) Proposed Category: Residential Medium (RM) ZONING DISTRICT: Current District: Medium Density Residential (MDR) Proposed District: Medium High Density Residential (MHDR) Community Development Board -September 16, 2008 REZ2008-07007 -Page 1 of 7 ~, • • EXISTING SURROUNDING USES: North: Restaurants and Retail Sales South: Mobile Home Park and Old Tampa Bay East: Detached dwellings West: Mobile Home Park and Clearwater Mall ANALYSIS: This rezoning application involves 28.35 acres of property owned by BVG Acquisition, Inc. The subject property is located approximately 150 feet south of Gulf to Bay Boulevard between Cross Street (east) and Sky Harbor Drive (west). It is occupied by Bayview Gardens, which includes 229 attached dwellings (independent living units) and 94 assisted living facility beds. The property has a Future Land Use Plan (FLUP) category of Residential Medium (RM) and is zoned Medium Density Residential (MDR). The applicant is requesting to rezone the property to the Medium High Density Residential (MHDR) District in order to redevelop the site into a life care center consisting of 229 attached dwellings (independent living units), 170 assisted living facility beds and 40 skilled nursing beds (see companion case FLD2008-05012). Nursing homes are not permitted in the current Medium Density Residential (MDR) zoning district. The underlying Residential Medium (RM) future land plan use category allows 15 units per acre. Independent living units are considered dwellings for the purposes of density calculations. Assisted living facilities and nursing homes are considered residential equivalent uses and for the purposes of calculating density, 3.0 beds are equal to one dwelling unit. Since the land use designation of the property is not changing, the maximum allowable density of the site is not changing (425 dwelling units or 1275 beds or some combination thereof). The proposed redevelopment of the site will result in a total of 299 units [229 dwelling units (independent units) and 210 assisted living and nursing beds (which is equal to 70 units)]. The maps attached to the staff report illustrate the site boundaries with a red outline, which is based on the property survey. The City's base maps show the existence of some upland to the south of the outlined property. The base maps are inconsistent with the property survey and the Engineering Department will correct the discrepancies. 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 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 Community Development Board -September 16, 2008 REZ2008-07007 -Page 2 of 7 • • maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. Excerpt from Table MAX. DENSITY/ PRIMARY CONSISTENT PLAN INTENSITY PER USES PER PLAN ZONING CLASSIFICATION CATEGORY PLAN DISTRICTS CATEGORY Medium Density Residential Residential Medium Medium Density 15 Dwelling (MDR); Medium High Density (RM) Residential Units Per Acre Residential MHDR ; 16.1.1 Policy -Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. Recommended Conclusions of Law As stated earlier, the property has a future land use plan designation of Residential Medium (RM). The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed Medium High Density Residential (MHDR) zoning district is consistent with the Residential Medium (RM) category. The Medium High Density Residential (MHDR) District provides a wider range of residential equivalent uses to be accommodated on this property and enables a continuum of care to be provided in the proposed redevelopment. The Medium High Density Residential (MHDR) District is located adjacent to the west of the site and is consistent with the commercial and residential categories found to the north and east. The proposed rezoning is therefore consistent with the Clearwater Comprehensive Plan. II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4] Recommended Findings of Fact Gulf Boulevard Corridor Gulf to Bay Boulevard is a six-lane roadway with a center turn lane, which carries vehicular traffic between Tampa and Clearwater Beach. The surrounding area is characterized by commercial and residential uses. The area has a mixture of commercial and residential plan categories that allow for 15 (Residential Medium) to 30 (Residential High) dwelling units- per acre. Immediately to the north of the subject property is retail sales and service, restaurants, a nursing home and a church. The property has zoning designations of Commercial (C) and Institutional (I) with underlying future land use plan designations of Commercial General (CG) and Institutional (I). Community Development Board -September 16, 2008 REZ2008-07007 -Page 3 of 7 • • To the east are detached dwellings, Medium Density Residential (MDR) zoning and a Residential Medium (RM) future land use plan category. To the south of the subject property is Old Tampa Bay. To the west is a nursing home, fire station, Clearwater Mall and a mobile home park. There are zoning designations of Institutional (I), Office (O), and Mobile Home Park (MHP) and future land use plan categories of Institutional (I) Commercial General (CG), Residential Office General (R/OG), and Residential Low Medium (RLM). Section 2-401 of the Community Development Code, titled "Intent and purpose" states: The intent and purpose of the Medium High Density Residential District ("MHDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium high 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. Recommended Conclusions of Law The proposed rezoning is compatible with the surrounding residential, commercial, and institutional uses. The proposed MHDR zoning district will be in character with the surrounding properties and is consistent with the surrounding zoning. Furthermore, the existing use of the site is consistent with the requirements of the proposed MHDR District and will enable the revitalization of this site. III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5] Recommended Findings of Fact As stated earlier, this rezoning application involves 28.35 acres of property. Based on a maximum allowable density of 15 dwelling units per acre in the existing Residential Medium (RM) category and proposed Medium High Density Residential (MHDR) zoning district, the property could support 425 dwellings units/1,275 beds. The proposed redevelopment of the site will result in a total of 299 units [229 dwelling units (independent living units) and 210 assisted living and nursing beds (which is equivalent to 70 units)]. 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 Manual, as well as the specific proposal submitted in the companion case FLD2008-05012 (see agenda item F.1). Community Development Board -September 16, 2008 REZ2008-07007 -Page 4 of 7 • 1:1.5 Ll7a4~ ~ ~ • . "F . ~ 1 1 ~~s~" L!~! ~~~~'_ sSl~! ~ 131~1,i3 lR1lJ ~7 Existing MDR District As Currentl Develo ed Continuing Care Retirement 3231iving Community(1) accommodations (2.91 trips/ (229 units + 94 accommodation beds 940 N/A 0.29 94 N/A Existing MDR District Maximum Develo ment Potential Residential Units(2) (5.86 tri s/unit 425 units(3) 2,490 N/A 0.52 221 127 Assisted Living Facility(4) (2.74 tri s/bed) 1,275(5) 3,493 N/A 0.38 484 390 Proposed MHDR District Pro osed Develo ment Continuing Care Retirement 4391iving Community(1) accommodations (2.91 trips/ (229 units + 170 accommodation beds + 40 beds 1277 N/A 0.29 127 33 Proposed MHDR District Maximum Develo ment Potential Residential Units(2) (5.86 tri s/unit 425 units(3) 2,490 0 0.52 221 127 Assisted Living Facility(4) 2.74 tri s/bed 1,275(5) 3,493 N/A 0.38 484 390 (1) Institute of Transportation Engineer's Trip Generation 7"' Edition Land Use 255, Continuing Care Retirement Community -traffic generation is based on the total living units (units, rooms and beds) -not based on units as determined by the City's method for calculating density for residential equivalent uses. (2) Institute of Transportation Engineer's Trip Generation 7`h Edition Land Use 230, Res. Condo/Townhouse (3) Total dwelling units per acre permitted by the underlying Residential Medium (RM) future land use category of 15 units per acre - 15 x 28.35 acres = 425 units. (4) Institute of Transportation Engineer's Trip Generation 7`h Edition Land Use 254, Assisted Living -traffic generation is based on the number of occupied beds -not based on units as determined by the City's method for calculating density for residential equivalent uses. (5) Total beds permitted by the underlying Residential Medium (RM) future land use category - 425 maximum allowable units x 3 beds = 1275 beds. Community Development Board -September 16, 2008 REZ2008-07007 -Page 5 of 7 • The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf to Bay Boulevard segment between Sky Harbor Drive and Hampton Road a LOS of F. This proposed rezoning does not alter the maximum development potential of the site, however, it does expand the available allowable uses to include nursing homes and residential shelters. The site is currently developed with independent and assisted living units and is not developed to the maximum allowed. The proposed redevelopment will expand the number of assisted living facility units and add nursing beds as well but will not approach the maximum allowed by the current future land use category. Based on the ITE Trip Generation Manual the proposed redevelopment of the site will result in an increase of 33 PM Peak trips compared to the existing development. This increase is minor and will not negatively impact the LOS for Gulf-to-Bay Boulevard. In the event the site is redeveloped with either residential uses or a development with more residential equivalent uses than proposed, a traffic study would need to .be submitted at the time of site plan review to ensure that transportation concurrency requirements are met. Mass Transit The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas 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. Water As no change is proposed to the underlying future land use designation, the proposed rezoning will not impact the City's current LOS for water. Although redevelopment may generate a greater demand for water, the City has adequate capacity to serve any increases. Wastewater As no change is proposed to the underlying future land use designation, the proposed rezoning will not impact the City's current LOS for wastewater. Although redevelopment may create more wastewater the City has adequate capacity to serve any increases. Solid Waste As no change is proposed to the underlying future land use designation, the proposed rezoning will not impact the City's current LOS for solid waste disposal. Although redevelopment may create additional solid waste, the City has adequate capacity to serve any increases. Recreation and Open Space Impact fees may be required. This fee is addressed through the site plan process and any required payment would be due prior to the issuance of building permits. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this rezoning will not negatively impact the existing LOS to the surrounding road network. Further, there is a minimal impact to water, wastewater and solid waste service. Open space and recreation facilities and mass transit will not be affected by the proposed zoning atlas amendment. Community Development Board -September 16, 2008 REZ2008-07007 -Page 6 of 7 IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact The location of the proposed Medium High Density Residential (MHDR) District boundaries is logical. It is compatible with the adjacent zoning districts located to the immediate north, east, and west and to the south is Old Tampa Bay. 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. SUMMARY AND RECOMMENDATION: An amendment of the. zoning atlas from the Medium Density Residential (MDR) District to the Medium High Density Residential (MHDR) District for the subject property is requested. The property exceeds the minimum lot area and lot width requirements for attached dwellings, an assisted living facility and a nursing home. The proposed rezoning is compatible with the existing neighborhood and is compatible with the existing future land use category and reflects the current use of the property. The proposed Medium High Density Residential (MHDR) 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 of the following action on the request: Amend the zoning atlas designation of 2855 Gulf to Bay Boulevard from the Medium Density Residential (MDR) District to the Medium High Density Residential (MHDR) District. Prepared by Planning Department staff: ~ Michael H. Reynold , IC lanner III Attachments: Application Location Map Aerial Photograph Future Land Use Map Zoning Map Existing Surrounding Uses Map Site Photographs Community Development Board -September 16, 2008 REZ2008-07007 -Page 7 of 7 • i ~..U GIUI ~ r° PROJECT SITE Y Od ~L_r~ruuuu~ y v y eves~Z- -~-rsses-as `° ~~~ ~ ~i" m wY~ I II .I ~~ g1~6D a ®', CUUFFb-:Pi+.Y m° o a .a aooooan a: 0 Location Map Owner: BVG Acquisition, Inc. Case: REZ2008-07007 Site: 2855 Gulf to Bay Boulevard Property Size(Acres): 28.35 Land Use Zoning 17/29/16/03006/000/0200 PIN: From : (a portion of) RM MDR RM MHDR To: Atlas Page: 300A and 3006 S:\I'lanning Departrnent\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard -BVG Acquisition, Inc\Maps\LOCATION4.doc ~I • I... M~ •i. ~~M l.n/~ ~ ~~ M'rw•~ ~ ]N r xY16 h _ ~` iJ ~ ~ , w n I ~ ~ ~~,i ~ c1~1~7 ;ice "4 S ~arM ~51~/~' ~ Y3 ~ ~ ~ .~ ~ r - . t $ M ~~~~ ttT•nr~ ,~ - ~ . ..~ .~ yypp((~~-11 ~1a ~~'~~. ~L'~'~' ~~-~'ry "n~rv~ ~ ~ .l`, yam , h •1~~.~7 f - - `~1.~ .• ~{~~ ,~7 ~' 3i 1T` - LUL(=-7"C-L'!,1" L-'LP'L [ 41~~~~4[ r ,~. i~a u~. r .p_w,-r rF~~-~-~kj ~ , ~~, ~ FJ ~ a ~ ~ f ,t ~ ~ ` b '~~r ~~ ~ ~ _ . r ~ ~~ ~ juA awl . _ ~ •^~~ ~ ~ ~" '+' • ~. . ,.` r. `• ~ ~ -ti_ ° k . 1::, tj i ~ ~ ~ ~ ~~ ~ a ~ ; Y _ ~ ' Syr'+~y .n ~ i r ~,~~+.`~c ~ . • - ,, • + , ~r~- ~' ~ - 1 - /' [~ ~~ ~ `~~{~ '~ 1~'~ ~ ~r. 596 Aerial Photo Owner: BVG Acquisition, Inc. Case: REZ2008-07007 Site: 2855 Gulf to Bay Boulevard Property Size(Acres): 28.35 Land Use Zoning 17/29/16/03006/000/0200 PIN: From : (a portion of) RM MDR To: RM MHDR Atlas Page: 300A and 300[? S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REL2008-07007 - 2855 Gulf to Bay Boulevard -BVG Acquisition, Inc\Maps\AERIAL6.doc • • R/O/R 3 n ~RC 9 O ~C - °' I ~~ E ~ O ,,o - I O = zB1 iJ 1.59 Acm Q 165 Acv < 16] Acid I a f0] A~ P lrv ' ~ ~ ~ GULF-TO-BAY BLVD II ~ ~ © CG o ~n ir. o ,- L 3 J 'R n 565 ~ CG OG o RM r - --i A • z86f Loxlos J I I ~ I b o;~ - w ee 5 :: {~~yi::.~/, RL.114 y z CG 4 ~° ~1J6 Acra 8 I~ _~, I I I bl ~ J I I 1x I u ~ ,o I' =~ ~ I;I I /l~A!~I. I II ---I- i - R I I RM~--~-°- I RH ~ I I :::._ h _ ~~: S ~m~ ~ ~ .6. ®]r9 ms A. J A Future Land Use Map Owner: BVG Acquisition, Inc. Case: REZ2008-07007 Site: 2855 Gulf to Bay Boulevard Property Size(Acres): 28.35 Land Use Zoning 17/29/16/03006/000/0200 From : RM MDR PIN: (a portion of) To: RM MHDR Atlas Page: 300A and 300B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard -BVG Acquisition, Inc\Maps\FUTURE LAND USE6.doc • Z13 L~~<s J ~~~ . '2fa, ~ e a ~n 8 2 n ~. 375 O $ 2 • . s /9TT~ ~ MHP $~ E _ ~ - - 28 a a. . .^ ~O n O, R N N Oi N 'O N n L ~~~ 793 N +~ I~ u1~ M~1 N u$ V ro rn N N rn qq C.~p~ N N w N~ nle~ " ~~ ' 1 ?° p~ Nl ,~ I T- ~ ~ ~. i 1 I 1 ~ --~ , - ~ _ _. -,_ I~DR ~ ~ ~ ~2=' -~ -~_ 1~D - i 1 ~ ,. ~ ,. P ~ .:f N: :;i o0 ~5 ""' MHDR I o n ~ .. 2861 L ms 1 Proposed Zoning Owner: BVG Acquisition, Inc. Case: REZ2008-07007 Site: 2855 Gulf to Bay Boulevard Property Size(Acres): 31.4 Land Use Zoning 17/29/16/03006/000/0200 PIN: From : (a portion of) RM MDR RM MHDR To: Atlas Page: 300A and 3008 S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard -BVG Acquisition, Inc\Maps\Proposed ZoningRevised.doc • • 0 6 v O --• -- - ~+ 1Ji~s~. ~E 281 Ut t66 c Q i66 Ac~~ Q ~'6~ Acm 1 103 xServ 8 A~ exv ce ° a ° ° GULF-TO-BAY BLVD ~~~~'r "'~ ~t~ur nt ~~ .o., ~ ,. ~ o,~~ r-~ L50-J ~R Retail dales 565 & Service ° ~ ^. Congregate Care and Attached Dwellings 0 1661 L 66 J . . tail y I ~~f ~ ~~ , ~hur 1 ~w .3 ~_ n j 1 T6~~- ~ , ~I: 3le~v e P1.1!~IA,1F ~~~ ~~.~ - i i i i ate§~dent~al ° .~',: :~ S:\Planning Departrnent\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevazd - BVG Acquisition, Inc\Maps\EXISTING6.doc ~ t a ~~~ m4.,,. I~ 2X2 Owner: BVG Acquisition, Inc. Case: REZ2008-07007 Site: 2855 Gulf to Bay Boulevard Property Size(Acres): 28.35 Land Use Zoning 17/29/16/03006/000/0200 PIN: From : RM and R/OG MDR and O (a portion of) To: RM MHDR Atlas Page: 300A and 3006 V:\GIS\Planning\Planning Requests\Itezoning\REZ2008-07007\2X2.doc View looking southeast within site Gulf to Bay Boulevard, looking northwest from property REZ2008-07007 BVG Acquisition, Inc. 2855 Gulf to Bay Boulevard View looking southeast at property View looking north at Sky Harbor Drive Typical assisted living unit, looking east within site ~* ~~ ~ :a < ~- ~ ,~ ~'~.=: - ; f ` Interior roadway and residential units, looking northeast ~ ~ • FAX CODER MEiVIO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 FAX: ~v2 ~~ Phone: ~~ 2 `~ ~~~ FROM: ~ KO ~~ ~ti DATE: ~' ~ -- (> ~ SUBJECT:~J' ~/~~ 7-Cx~ ~~ a'I ~ ~ 3 ,~,F~ Zeo~' ' !>~7007 1VIESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) ,; tr r CITY OF CLEARWATER -ENGINEERING DEPARTMENT PO BOX 4748, CLEAR WATER FL 33756 REQUEST FOR ANNEXATION PHONE: (727)562-4750 FAX: (727) 562-4755 Annex #: 2008-07013 Name: Floyd M. and Ruby M. McKenzie Street: 1202 Keene Road Atlas Page: 308A City: Clearwater Section-Township-Range: 23-29-15 State: Florida .Property Acreage:. 023 Parcel ID: 23-29-15-61866-002-0070 Zip: ROW Acreage: 0.34 Legal: See attached. Total Acreage 0.57 Engineering Comments: 1 1. GIS House and Zoning Atlas Update (JH) 12. Street and Subdivision Directory (pp) 13. CAD Area Map Update (BVD) 14. Prints Distributed (JHH) 15. Recorded Ordinance legal verified (pp) 16. Annexation Log Completed (SF) Date Initial: 1. Initial Log Entry Cover Page ,-r, (ems Q D (SF) 2. Legal Description Verification -l~Z~ 4~. (TM) 3. Address Verification -.~~ 2z ~ ~~ ~ ~ I'7 (DM) 4. Location Maps - ~r~o~ y~- (SF) 5. Engineering Comments ~~~~~ r./ ''? iJ (MQ) 6. Map QC/QA (attach 'Proposed Annexation Map') ~ /,~,~~~0 (PD) 7. Final QC/QA ~s-"";q,~ ~ P ~ (TM) 8. Email Maps to Planner 7 /Z3/O g 1 I . Q ~ Jam"() (SF) ANNEXATION ORDINANCE DA TE: 9. Ordinance Number Logged (SF) 10. Email Notification of Atlas Update (JH) =~ LEGAL DESCRIPTION DESCRIPTION: A tract of land lying within Section 17, Township 29 South, Range: 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at .the Northwest corner of Block 2 of "A RESUB OF 13ASKIN'S REPEAT"', as recorded in Plaf Book 24. page 42, of the Public Records of Pinellas County, Florida; thence North 89'46' 01" East.. along the North line- of said Block 2, 1206:41 feet; thence continue Nortfi 89'46'01" Eost a distance of 200.00 feet; thence leaving said line South 00'37' 03' West a distance of 150.02_ feet; thence North 89'46' O1" East a distance of 60.01 feet; thence' South ~00' 37' 03" West a distance of 260.00 feet for a POINT OF BEGINNING; tfience continue South .00' 37' 03"~ West, v distance of 967.93 feet; thence South 69'21' 23" West • a distance of 314.28 feet; thence South 52'28' S4" West a- distance of 215:Q0 feet; thence North 39' 01' 06" West a. distance of 654.81 feet; thence North 50° 58' S0' East a distance of 52.16 feet; thence North 34' 14' S3" West u distance of 40:00 feet; thence North 13' 41' 04" East a distance of 21.51 feet; thence North 50'45' 48" East. a distance of 154.86 feet; thence North 61' 21' S3" East a -distance of: 4.55 feet;. thence North 39' 11' 48' East a distance of 22.26 feet; thence North 42' 12' 55" West a distance of 67.34 feet; thence North 31' 09` 17" West a distance of 141.97 feet; thence North 27' 02': 41" West.. a distance of 181:44 feet; thence South 42'07' 22" West a distance of 113.46 feet; thence South 82' 16' 09" West a distance of 1 i 2.08 feet; thence North., 2746' 45":.West a distance of 1,3.51 #eet; thence South 65'46' 35" West a distance of 25.55 feet;: thence :North 23'27'38". West a distonce of 34.80. feet; thence South 62' 09' 34" West' a distance of 88:09 feet;` thertice Nortt- 39'01'06" West d distance : of 260.77 feet; thence North 00'13' 59' West a distance ofi 282:35 feet; thence North 89'46' 01" East a :distance of 135.20 feet; thence South 41' 34! 50" East a distance of 34.65 feet; thence. North 48' 24' 08" East a distance of 99.89 feet; thence North 89' 46' 01" East a distance of 771.29 feet; thence Soutii 38' 27' 39" Eost o distance of 330.94 feet; thence North 89' 46'' 01" East a distance of 191.21 feet to the POINT OF BEGINNING. LES5 AND EXCEPT: Thtit certain port~cn,'io~.`aLo!t 3, Backic>r' ~ Replat, acop~tiii+~ to the • map of plat thereolf: - reoorded in Play l-° ~; :page 42, Public >iteoosacds cf .Pinellas Dow'tty, ~Flar3r3a, lying fn S~ctioci 17; fiaa~ir~t~ip; 29~ south, Range 16- ~,`ast, Piiiel}.as~ Oaiinty, Floarida, described as follows: - - . - . ~`rdn the r;ro~#~ste~~y cornaer of said 3rot 2 0! a reavbdivisieai of Bih.SiiIN' S T, ; as ~iooerded 3a a~''~bk 2d, page 42; Public Reoo~cls of Pinellas oaazty,• ~Flv~i+~a; iilnd ruh t~enoe;N:'•'8f .46 Ol'-. L., 60.00 feet alc~q the rtost~,erly line•~of safa I~ •2F •thenc,~ 3.. 00 33'3"~ ~., I40:A0: feet, fcr a Point of Be~{iiuticig; theno~ oont~ue S.. 00°,13-' S9". '~.,- • i6~'~..f=;-• ~,g,~ ri. ~ ~a°~s~io'~ . ic.; uo.~3 f~; •~. ~i ~~'so„ w.: ~.ar ~ ~~ s . ~`a9. 46' Ol" N: , 333.20 feet to ` r~ Pei>At of i9egi.t3t><iriQ. RECEOVEC~ AI~G 0 ~ 200 PIAIVNING nEi'AR'fWiENx CI1X OF CLEARWATER •.. • ~. ~~w..r,+.o w:cwr r~-.ea...a q+ar.d •^~+fwl ~ ~ ~ ~ ~~~ . ~ . ~: ww~wwrrr bcco ~ ~ ~ ~ ~.. . 'rwtiniro.~. ro rwmvro.. rra..r Thu instrttmentwas prepared bri ' _ CF.AftURY]il't~ANDABSfitACT.INC. ~ - ~ ~ ~ ~ . -....a,.. BY. Nlitrt}ta s..Weat!ps INST # 93.-262046' 325SektieraoatiN. ;~ YSPT 10, 1993 2:56PM Gleanvater.FT;JAO$i i whlehaW~utncrttwos r ~ ' This hntruttxnt Raparee by: P epatttdineltlenlW ~. ~ ~ ~ ~ . to the wnbrg of a sae lruuranee Pefky Ash«.::.. (p28,809) ' - ....~ `Jr ,~ ,` PINELLAS COUNTY FLA. Propenr aoorttinrt Parca temtificetipn, iiotiol Nwrtberiol: OFF'. REC. BK. 8399 PG $88 ' 17/29/16/03006/OOZ%0001 ' ~ ~`'=~-• • - .~ Granteebl S.S..flal:. .. ~ ~ ~ ~~' "~ ~;..~. .. ` VALE ABOVE Tay UNE Raf r'ra7LYigNbOATA ~ VALE ABOYe Trod 1)re fan gE00ApN0 DATA r e~l~I~ .~~rrarila ~eEit "Mt~Be,tlie~q~' day. of SepttaZlber, . A.D. 19 93 ..: by James D. Harrison ~l '! . hercingllcr tailed lhc,grnn[or. to `.' ;• • ' t+lar<toit Plapt. Life, SeriTices; Inc: •~..,~ - .whose post o,Qicc address is p,0. Hoot 210, C1taaXwater,. FL 34617 .,~ . hereinafter called. the grantee.' ;~ `~~- ,' ' tW-n.w. rJ.il:nie N...em. Siw./ ud ~t•.~' I.ehe. v ar P••d~ b W. i..uwvt rd 4r ' dn, Ny 'ryafft}u.~.,,u¢'udaa, .! Iae.Mwl,..ed ri, .roman ..d ..dEu. d,.ry.rWadf ~~tlltBBit~(: 77161 the'~rttgtor, Jgr dnd in t;oitsideration of the.asinl of 1 10.00-= and other . vnhablc coreaidcrations, receipt:lo/itttiof is hereby tlgknowiedged, here grants, bargains, sells, aliens, remises, rcleaaes, conveys and cm~'/i»a~ antD.the grantee all. that eertatn'lan situate in. Pinellas County, State of Flar :viz: That CtstaiA - - ,"~~~ ".j portion 2. Haslin's Replat, according to the map ar Plat thereof, _ ~' ~~5. recorded its Plat;` Boo)'` ~:•: page 42, Public RecOO:ds Of Pinellas Cotutty, 'Florida, lying . lit Sectifxt 17r.2!own6~#'1Pi 29 South, Range 16' East:, Pirtellas't]oiintyr Florida, described' ~ ~.k ' ~/ ~rA as follows:. j "-L;,• -` ;- 'l ydr r~ril.::?2~n'the nostpxlyltrnner oaf said IAt 2 of a resubdivis~t of BASKIN'S REP[AT..att - \~ ~( ~~ RF.C ~ 1R~ F~e~'~tik 29. Pa4e 42, Public Recox+ds of Pinellas C:otatty, Florida, aad ~ `1 p ~./ p;,;: ~ c ~zvn ttdtatce:N. %89 46 Ol', E., 60.00 feet along the northerly lini: of said Lot 2; 'thence ` ~ - a )v OS 8.. 00 33!''55":.E:;, 190.00. feet, far a Point of .9eginningl thence txe S. 00°13'59!'. V t; l _; _ - • E., 165:3~at~t-: a N. ~ A8°25'.10" E. ; 210.73 feet; tttertcs ~ N~41~34' S0" w.: 34.8T ~~ Pf,y. _ - ~- feett t~iet~o~'S:"'69 46'01"'W:, 135.20 feet to'the Point of Beginning. c ::: _ -- ~,O~f(}tC: with art the_ tenements, hereditamenta and appurtenances. thereto belonging or in anywise :~ .. ---aPPi7`t4ultngl8iibject to easeaents and i+eetrictions of raoord. ~..;" -- t~~'' '•~ ' - ~~ ~8l~t aria tII 3H0[~. the aante ix jce simple joremr: ;;;;,'tr _ _ _ ~: '~3ta the grantor hereby cosenants with said grantee that the grantor is Iawjully eeized 4J said land tin jca 11M1 Cr,;IhSI tht grantor has good right and lawful authority toaell and convey said land, and ~~l tvarranta iht . 7C:7:':'.. -- ,~°to aa>{d land and will defend the snore against the lawful etairne of nI! peratms whm+tsoever: ana that said land •• ts~c.,q/all trncuTnbrances, except cases aterxing subsequent to Deetmber Jt, 19 92. - G.... ~~`..~;i ~ItlftBB ~{~tCtOf. thtsaidgrnntorhassignedatulscaled;Itcaepreaentefhedayandytnrftratobove v7KittCn. 'A~~lE aQDtNAN1t7RS F-IRRA~N1!'T~1T~HIS IS NOT EJO[4E5'LFAD PRO A3 STATFD Bi ~,~ ` .,;.Si :'se/a~le3 attd.Se t e tNit ins pnse>rc.' OF .,..~~ ~Utxo ~ ® ' >~~~~I..etyE R.NNF i'l)ilR l,ptJ . James D. Harrison ~x~.n~ a rr,uRR/tt_ 9c05ni~.cos ~y-~~-~~ iar~i:~; - . _ 11 3010 - GOOJOU~S n u rang ® . - ~ ~ a ~ Intr..+plblo Tns Pd ~ Il l.~f~~INSi ~ ~ ~ '1 Sb: Ltd" . a.Mw. Kartgen F. ae', I r, ~ ~- J ~+J,A W. W ... ~ In , a A wa I .. ~olt7 ~ l1L ~ ~ ~ ..~. r ;,) ~.. ~ C~!4RuE A?",OUN? ScUi..,,, . a •• sTnT'Fi oP io , ~ ~ - cotraTY oe t/DELRW RftE .Q 111ERERYCERTTPYthuonlhtadAy,heforomo,snot(ccrdutyaNthor4cdlntha9tatcafotctoldandlnthcCountyator6enhftotake ... .-7 Q odnowllYigmenta, porronally appt:ercd "Jafites D. Harrison ~~' W tW-+ ~. ; t ~ ~ ~ . ; , '.. ~ to me known to 1>c rho ~paffon daocP~ed In and G H' who caseated the fgrc~0irig tnflrument Andy- he ocknowladgad bet ITC that he c: red the fame: - a7 W17:VESS myh~mlmnd ditieipJ,iMa1 in the County and State loft fo fakl thke f 1v'!r yet A:D. '19 93. -, . R.uy w a SEAL ~~ X n ~1K1.1-::1.14• ~-11Jir~ iYl dot' L.p N a w .-• ~aa..,-s~.J x .a ter c .vd.d.. I:~M tWKEME Al1YE YOFtiAN * tatty is personally. katown to me MI CalwY~l ~ ~ $ tY96 . ~ ~ EXHIBIT "A" TO APPLICATION FOR ZONING ATLAS AMENDMENT Legal Description DESCRIPTION: A tract of land lying within Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, •and being more particularly described as follows: Commence at the Northwest corner of Block 2 of "A RESUB OF BASKIN'S REPEAT", as recorded in Plat Book ` 24, page 42, of the Public Records of Pinellas County, Florida; thence North 89'46' 01" East along the North line of said Block 2, 1206.41 feet; thence continue North 89'46'01" East a distance of 200.00 feet; .thence leaving said ,line South 00'37' 03' West a distance of 150.02 feet; thence North 89'46' 01" East a distance of 60,01 feet; thence South 00' 37'~ 03" West a distance of 260.00 .feet for a ~P~OINT OF BEGINNING; thence continue South 00' 37' 03" West a distance of 967.93 feet; thence South 69'21' 23" West a distance of 314.28 feet; thence South 52'28' 54" West a distance'ofi,21~'5:00 feet; .thence 'North 39' 01' 06" West a distance of 654.81 feet; thence North 50° 58' S0' East a distance of 52.16 feet; thence North 34' 14'.53" West a distance of 40.00. feet; 'thence North 13' 41' 04" East a distance of 21.51 feet; thence North 50'45' 48~'`` East a distance of 154.86 feet; thence North 61' 21' S3" East a distance of 4.55 feet; thence North 39' 11' 48' East a distance of 22.26 feet; thence North 42' 12' 55" West a distance of 67.34 feet; thence North 31' 09' 17" West a distance of 141.97feet; thence North 27' 02' 41" West a distance of 181.44 feet;. ..thence South 42'07' 22° West a distance of 113.46 feet; thence South 82' 16' 09" West a distance of '~'~ 112:08 feet;,,,, thence-North 27'46' 45" West a distance of 13.51 feet; thence South 65'46' 35" West a " distahce of 25.55 ;feet; thence North 23'27'38" West a distance of 34.80 feet; thence South 62' 09' 34" ., West a distance of 88.09 feet; thence North 39'01'06" West a distance of 260.77 feet; thence North 00'13' 59' West a distance of 282.35 feet;. thence ,North 89'46' 01" East a distance of 135.20 fee±; thence South 41'34: 50" East adistance of 34:65• feet; thence North 48' 24' 08" East a distance of 99.89 feet; thence North 89' 46' 01" East a distance of 771.29; feet; thence South 38' 27' 39" East a distance of 330.94 feet; thence North 89' 46' 01" East a distance of 191.21 feet to the POINT OF BEGINNING. S`~~ ~_ ~. ',:.. r, F:', ': ~: R ~r r~ ~f°~ty C~~ d S y , a go oa U ~ o~ Ur Y t v \' V W N ~ .1 w ~~ 3~' ~ c7 C =~a. ~ a"~' o a'a m jv € ~s a °uo~ n,o ill ~ q`°, V/1 ~ a, O,~n p E~ ~c ~,rioe ~~ Io E _\ pr ~,. ..~saa ,... a :~ i °o m OOL h V Nt FII u~ u) a C `c U ~I 3 =i coR, Of 9M'~ev sEC.lr•29.10 2 ENGINEERS CEES,TIFICATE I kaeby car6jY mat an Ihis 21'yday oQ July,1948 A•p. iMs properly was swrayad and stoked and rnvnwnenis were sel as iaJicahcd andMoi angles and diinenrions era ceaeci, ~d'~ti~1 ap~ arvnyar No 7& @¢g.FxlAinea. No 140'~.'~~~4 1'.. s fS ` "• r ` t ~~ ~. - ~; 1 ;" ~ , .,~~ IfS" 4' Say. yts -,,.° DEDICATION .; .I ~1 I i „i .n Th¢ und¢raiynad,d.D,BasMn and ILH.9 shw Pn¢sldani '' and Seer¢tay,+aspeellvnly, of 9mgln Properli s In 4c p}alien aki~ l 1h 4;1 ` rd h ~ y y a, p ny ; o era~ sndar 4h¢ laws of the $iaia o~ i i m ar¢ iha awnars of Ih¢ above oueribod prof rl$Md'#Flpiih¢y Mi.'L_ h¢rob~ dodiaaie k Iha public'm grner \ 41C 9hcek9 6Adi ~, r 1 •~ BaulaVard9 a9 Shawn On~18 plgi ~1 rI , ~. IP ~~; .o I A , ` ' av .f ~--- sk.aat __ Wilneas -~~ Preei an ~~~ VIr• ~f Vrr~ "Cal I~MNMV4 s$ $¢crelary pCKN01VlE06EMENT ~ $Iale of Flaidn Coan4~ of Pirollas 'i Ihareby a¢rhfy, ihak on MIsR^'~dey of Au~ua}1944 A.D. bagor¢ me personally appaarnd dD.eaekln and d.N. , ~. ~~ m Baskln~rrpealFaly Pras:dani and $¢crdary of Baak;n Oropq~)i$~pl., _ . Ina. a eorpora6on ondnr 1hn lawn of the SinF¢ of Fnon~d,2a ~ 3 . e known io be the p¢rsoas described.n and who oxeghkH,~{he - ~ a t 1 ainy c¢rli~feale and dedieahan and aoknowl¢drye A1~ fareo ' r .og, }hw ax¢wNon IherteY b ba Mrir own {'raa ac{ and de@d } us¢9 and purposes lil¢r¢in mentianed•, and Thal ihe~ a~ixeH 14wrelo Me Offictnl seal of sold corpao6an,and iFyQ Sad'' Inebummi s Me oei and deed o,~5aid cocporaBon; 1, ,;,;~i;'~..,, ~, d ate atoresid, `, ~" ~' ~ ; .~ Wi{ness my hand cmd sPSicial seal lh¢ ' )y Qvf! /~( itB9~ 1 fmy Po 10 t yraa My wmmies~on expires. IYIYC7 a4Q, /se APPROVAL ~~ Approued by the 8oord of Cily tomminbgera of the CiVyY 1 P , d"y °S A~os of Cl¢arwaler, Pinellas Cognly, Florida, Mis 14 / 194E AD. ~IIII~ mP a y a rp¢r P FQ it APPROVAL ~ Approved ~'or the Bogn1 of Caun4 Comm.sslonv5 0~ ~ 0. 0° fC~.194d.A,P, PiReyas Caanly,Flodda,ihis~' dog o} 1~~~~~~~~~'' aunyEny,nee ' '.rli+ 0 ~`1F1~~' 'n14\ , I .,'4r» .,. .. ,-y"k`~ .'z• .,a.~ , a. ... ... ,. +. .,. ,.'.,~'K r u.., z..,, _ x..''.~:',r,.,r _ •sE may, •.:.~.' ,. ~ IN~,ws..,.~ ... 0 r S:f iN `r [' ud W 3w °o ~,:I o y b l° z f0.e A RESUg OF BASKIN S REPLAY cLEARWATER> FLORIDA AND P1NELlAS coUNTY, FLORIDA, AS RECORDED IN PLAT 8001(24 PAGE 41 of THE PUBLIC RECOYi;05 OF PINELLAS COUNTY,FIORiDA, AND OTHER LANDS ADJACENT 1'-IEi(ETO ON THE EAST. DESCRIPTION p bapin ob ihatlW canar el Iha NE)< of Ihn 9WAof Se<.ITvT293,R16E ondrvn Ihnnen NB9°48'ol"E, along ihn Easiand Welk ceniu•line og Sea,It•g8-18a 415.Oft„ }hones 30'21' 20° W 50,0d l.; for p.0,6., lFrenoe N d9°~4p6'01" E W6" 40 f 1., lhenco SI°10 Sl"E IS0,0,~1., ihane¢ N89°4B' of"E 1500 f 1,, ih¢nee N I° 10'SP of 130.0 ~ty {hanoa N 8y°46' 01" E, parenak to #ha Eos} and W¢sF EanVer- line of 9tid Sao. 14,1391.82 f i., +o the MW con `$ Bay N¢iyhis 8abdwislan a¢ reeerdad in Plok Beek II Pgpa 115 of lho pobkc racorda of Rnellaz CouniS, Floridgiher>ce 90:3T'03"W 1181.95 fl., alon,,9T Oho. Wes4 fine o~' saki said $ubdwlsion }° o paint on ih¢ &WM• o! 11ta Old Tampa gay, 8lnnnn 9w111reslerly alo ~ the sold NW.M, whesa chard boots 332°39'42"W c42.8Y fk, {hanc¢ N39°ol'Oq"W 6430,08 fi., lhanc¢ 363°41'48'w 411.45 Pl., IMencm NO°21'26"E 589.81 fk, a P.a.e. 4U~F TO BAY BLVD. _ _~_ _ ____ NB9"4@01"e 1591$2 a o° R ,n ae ¢ wm° / roe warm^e n" ~ ~ ev h ~~a y ~ / I N i. Y e /~ f N'a/ 0 a /r $rnlc 1 ~! a Qp00 ~. rs a ~ ~+ a `d~Q~l ~NINOZ 3~b'~S OOZ 96/9Z/L 31"a ~•;, ~` rk ~._ / ,~ v l ` / ~ r 1~ ~ ~ ter-- ~ ~ ~ 1 `l, V~ 6# -, ' ; ~, %~ / d - ~ - j~ '.: 1 __~- r , ' ~' '~ ' - --- ~ _ `.. ~ `` ~/\'~~~ \\ ` 0 \` / ~~~ ,~, , I r~ ~ --~.~ I %c, ~ ~i ai LOb `\ ~~`Z0~ - i~0~ ' I ~ r-TT`~ L 66 .' 00~ ~Ob` .L.~ t ~ ~ Z0 soy 1 ~ ` ,. 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DESCRIPTION. SIGN-OFF REQUEST CASE # REZ2008-07007; 2855 Gulf-to-Bay Blvd. PLANNER: Michael H. Reynolds, AICP ENGINEERING COMMENTS REGARDING ATACHED LEGAL DESCRIPTION: INITIALS BY REVIEWER: TO LEGAL: ~ ~ ® j DATE City of learw er Engineering Department ~"~C~ ,/" • ~ Map Request Planner Name: Mike Reynolds Case Number: REZ2008-07002 Date Requested: July 17, 2008 Date Requested for: August 4, 2008 Maps Needed ® Color Aerial ® Existing Surrounding Uses Basemap ® Location Map ® Zoning/Flexible Development Map ® 2" x 2" Location Map for Newspaper ® Future Land Use Required Documents ® Legal Description ® Survey ® Map with Proposed Site Highlighted Map Name Owner: BVG Acquisition, Inc. Case: REZ2008-07007 Site: 2855 Gulf to Bay Boulevard Property Size(Acres): 31.4 Land Use Zoning 17/29/16/03006/000/0200 PIN: From : RM and R/OG MDR and O (a portion of) To: RM MHDR Atlas Page: 300A and 3008 S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard -BVG Acquisition, lnc\Maps\REZ2008-07007 2855 Gulf to Bay BoulevardMap Request Form.doc ~i J~I Lee, Catherine From: Herman, Jason Sent: Thursday, March 26, 2009 2:44 PM To: Lee, Catherine Subject: RE: REZ2008-07007 (2855 Gulf to Bay) pdf atlases and GIS have been updated! -----Original Message----- From: Lee, Catherine Sent: Thursday, March 26, 2009 2:26 PM To: Herman, Jason Subject: RE: REZ2008-07007 (2855 Gulf to Bay) I do get paid by the acronym. I appreciate your help--thanks! -----Original Message----- From: Herman, Jason Sent: Thursday, March 26, 2009 2:23 PM To: Lee, Catherine Subject: RE: REZ2008-07007 (2855 Gulf to Bay) Not at all! But we'll make the change! -----Original Message----- From: Lee, Catherine Sent: Thursday, March 26, 2009 2:21 PM To: Herman, Jason Subject: RE: REZ2008-07007 (2855 Gulf to Bay) LUZs go to the State, then come back for Second Reading. This particular case was just an REZ, it didn't require a LUZ, so no State approval was necessary. In either case, it wouldn't have been passed on CC Second Reading unless DCA approved it first. This may have been a miscommunication since Mike Reynolds was processing the case around the time he left the City, so ya'll probably never got notification that it passed. I hope what I just blabbed makes sense, if not let me know. Thanks! -----Original Message----- From: Herman, Jason Sent: Thursday, March 26, 2009 2:16 PM To: Lee, Catherine Subject: RE: REZ2008-07007 (2855 Gulf to Bay) we dont change REZ cases until Planning informs us of the change being passed by the State -----Original Message----- From: Lee, Catherine Sent: Thursday, March 26, 2009 2:04 PM To: Herman, Jason Cc: Porter, Catherine Subject: REZ2008-07007 (2855 Gulf to Bay) Hi Jason, I'm cleaning up another case--this time REZ2008-07007 (2855 Gulf to Bay; Ordinance 7994-08) and need the Notice of Zoning Atlas Map Change a-mail. I actually looked this property up (Atlas page 3006) and the atlas hasn't changed. It passed Second Reading 11/18/2008 (pdf of Ordinance is attached). Thanks again for your help! Cate Lee I'I.ar~x~c~r II t'Iaa7:~i:~~I; I.~€~~art:me:nt C.'itC- cif C:'Ic=a~•~vater f'': ~27.a~'i~.4~6;i « File: Signed Ordinance 7994-08.pdf» ~ ~ B~~ Reynolds, Mike From: Clayton,. Gina Sent: Thursday,. September 11, 2008 12:52 PM To: Vaughan,. Karen; Gilmore, Stephanie; Watkins, Sherry; Dougall-Sides,. Leslie; Hollander, Gwen Cc: Reynolds, Mike;. Porter, Catherine Subject: REZ2008-07007 This rezoning case will. be continued at the Sept. CDB meeting to the Oct CDB meeting. This was scheduled for the Oct. 15th City Council meeting.. This. will need to be rescheduled to the Nov. 6th and Nov. 18th City Council meetings (it is not following the usual. scheduling. of the 2nd Council meeting. of the month. as the delay was caused by a staff error on the companion site plan case.) Please make. the necessary changes. on agenda tracking. Unfortunately we will have to re- notice the City Council. meeting if the original. Council dates. were. included in the CDB. notice. If you. have any questions, please. let me know. Thanks. Gina 08/22/2008 16:53 7275624021 CLEARWATER CITY ATTY AUG-13-2fd08 li:e7 AM ~ ~ • LEGAL DESCRIPTIGN ~~~N-Ol~'F REQt)ES~' CASE # REZZOQ$-O7U07; 2855 t~ul~-to-Bay Blvd. FL~ANNER: Ntit;~ael H. R,~yriOids, AICF PAGE 01/02 P.®i ~`e~iv~ AWG 18 2DOD C~Y~torn~y rnzz~tALS By REVZ~w~a~: ~~TE: ~ ; ~ City o Eng~t~etring Depar4~rtCnt TO LEGAL: .~ 1 }mil s, c.~„f~k , d`~~ Post-Its F&x iVOte 7$71 oatel~ ~~„~ Pa~- c~ to ~ from ib~s4 CoJDept Co. ~ ~ Phone p Phone p ~ Fex 8 ~ ~.~~' Fex q ENGINE$RING GpNBV1F,NTS REGARDING AT.~-C~E~ T,EGAL IrtBSC1~IP'i'IC}N: 0S/22/2005 16:53 7275624021 CLEARWATER CITY ATTY PAGE 02/02 - ~` t` ~.~~~u.. aESC~~~T~o~ [~1=SCRIP'iifJN:~ A tract tsf land lymg~ within Sec#ia~n i7. township 29 S«tt[i, Range ~6- Eat, Ftnethts Cout~ty;~Flor6da, and t~etng more particularly descrl6ed a$ 'foltovrs; ' Gomrtience dt .the Northwest corner of 81ock 2 of "A RESUB• AP >3ASKtF!-'S' ~EPLA1", as • recorded - In Piet' Boob 24•, page 42, of the Pubtic Record$ of Pinelivs County, Florida; thence Atarth t39'4S' t?1" East. along the . North tine of said Bfock'2,. 1206-.41~,fee#: thence continue Nafth-.89'46'01° East a distance cif 2t~O:Oa feet: . thence leaving sali3 Line South ~0'~7' a,~` West a distance of 151~.a2• fee#; • thence Nor#ti 89'46.' 01" Edst o distnnCe of 60.01 feet; ~ thence' Soutfi ~•t}0' 3~' 03" Wes# a distdr+ce• of 260.ba feet for a ~ t~OtNT• QF • BEGINNING; thence continue South .q0' 37' 03"' Wes#• Q disfiar+ce of 96.7.-93• feet; #hence Sou#h• 69'21' 23" Vlrest'•e. distance of 314.28• #eet; thence South 62'28':5,4" West •a- dlsf4noe cf 215.Oa feet;' th.enae iVorth • 3J"Qt' 06" West a. distance of 654.81 feet; • thence hloctti 50a 58' Sty 'East a distgt~ce of 5.18 •feet; 'thence North 34' 14' S3" Wit a dis#ance~ of 41~r,1~• feet; thence Nar#h 13' 41' 04" • East is dis#ance of 21.51 feet; ifiehi:e~ North 50'48' 4$" East. a distance of tS4.86 feet; thence North' 81' 21'' 5,3" East q 'distonoe of: +~.SS feet:. tfiencie ~ North 39' 11' 48' iost a distance of 22.26 feet; thence North 42' 1.2'' 55" best' a distance of 67.34 feet; ttiance North 31' 09' 17" West a distance of 144.97 feet; t~ience North 2T a2': 41"• West„ a• distance of 181.~i4• feet;- thence South 42'x7' 22u Vilest a distance of 113.46 feat; thence South i32'• 16' 09" West- a dtstarace of 19.2.08 feet: thence North X7`46' 4~".West a distance of 13.81 feet; hence South 85'48'• 35"• Went a ' distance of 25:5 feed •thentx3 :Noah 23'2'38" ViiesE a distance of 34~$Q. feet; thence South: 62' 09' 34b West' a distance bf t38.~9 'fee~~ •thetcce N~irt>7 ~9'O7'a6" West Q di'stanc~,:of 2SA.77 feet; thence Nertll OQ'13' 59' Hest ,a distance of:• x.35 feet: thence North 89'48' 01", i~ast a distance of -135.2Q feet; • ~+~'+ce. SQGth 4Z' 34' 50" ias# a distaance of 34.G5 feet;..the»Ge. North 4$'~24''OS" East a distance 4f 99.f#t9•feet; thahc8 North 89' 46' 01" East a distant~g of 771.29 feet; thence South 38' '2'7' 39" East o distance- of '530.94•• feet; thence Nartl~ 88' 46' qt" East a' distance of 151.21 feet tc the PdII~iT ~OF' F3Ef31NNIN~. - ' 'LESS AND EXCEPT:'' 'fit t~r~ifst po~~tjp~ ~. ~'~ Repent, ~~ iso ~e ~P 4rt p3.a~ l~er~f; ~C ~• Ply ~~i : pa~;~ 9~• PgbLiLC ltd ~~'' ~~ -~ ~• 1Y~ f~ salon 17, '~i~,p~~ ~9• Scar :•Ra~e a.6• >, Pii:el~s' r t t~eac>r~~ as fo~3.crss: ~ _ `~ rimy ao~er [~ siiid 3Gal~ 2 of a d4.n~,aiaan a~' ffi49R~A's Ii~l~', `~' r,,~'~+v~~ 3~r ~ *-~6k 2~1r p~a~g~ 4~; pt>blfo R~eoo~e off Pic~ell,as pot~.y,- ~lor'i~tM a~ ?~ ~ ' ~.' ~l~~6 81' • >~. , 6t~.a» #e a1C tie :lryar~y 2 ~ ,d Lr~ -Z~ s. • t~*~ "~~~'~$y~., ~r ~.94.Db ° fee,~r Qat`CiC' i P~>~ ~G~` ~e~gt~9: S.. 0~ 59+" ~i~~~«+P~iifi. ~~ • ~ ~r~~,1~V•" • ~~ / I.I.Q~~ii if " ~ •~r ~~ ~SQ~ w~ 1 d7.~J. MEMORANDUM TO: Community Development Board FROM: ~ Michael H. Reynolds, AICP ~' Planning III RE: Request for Continuance REZ2008-07007 - 2855 Gulf to Bay Boulevard DATE: September 15, 2008 The applicant is requesting a continuance of the above referenced application to the Community Development Board meeting on October 21, 2008 (see attached letter). S.•IPlnnning DepartmentlCD BlZoning Atlas AmendrnentslREZ 20081REZ2008-07007 - 2855 Gulf to Bay Boulevnrd - BVG Acquisition, InclGulf to Bny 2855 Memo -Request for Continuance on 9.16.08 CDB.doc .10HNSON,~OPE, B~OKOR, RUPPEL & BV~NS, LLP ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG I11 BRUCE H. BOKOR JOHN R BONNER, SR." CHARLES A. BUFORD GUY M BURNS KATHERINE E COLE JONATHAN S. COLEMAN MCHAELT. CRONIN BRIAN R CUNNINGS ELIZABETH J. DANIELS COLLEEN M FLYNN JOSEPH W.GAYNOR* RYAN C. GRI FFI N MARION HALE REBECCA L. HEIST SCOTT C. I LGENFRITZ FRANK R. JAKES 1~lMdTlY'P"':fOHNSON, JR.* SIiARON E. KRICK ROGER A CARSON ANGELINA E. LIM MCHAEL G. LITTLE MCHAEL C. MARKHAM ZACHARY D. NESSA A R. "CHARLIE" NEAL F. WALLACE POPE, JR ROBERT V. POTTER, JR. JENNIFERA REH DARRYL R. RICHARDS PEf1=R A. RIVELLINI DENNIS G. RUPPEL CHARLES A SAMARKOS SARAA SCHIFINO SCOTrE SCHILTZ" KIMBERLY L SHARPE MJRRAY B. SILVERSTEIN JOAN M VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WBSSMAN STEVEN A WILLIAMSON "OF COUNSEL 911 CHESTNUT ST. • CLEARWATER, FLORIDA 33756 POST OFFICE BOX 1368 • CLEARWATER, FLORIDA 33757-1368 TELEPHONE: (727) 461-1818 • TELECOPIER: (727) 462-0365 FILE NO. 'I 'I 596$ September 11, 2008 ViA t-MAIL & U.5. MAIL Gina Clayton City of Clearwater Planning Department P.O. Box 4748 Clearwater, FL 33758-4748 Re: Case REZ2008-07007 Requests for Rezoning for 2855 Gulf-to-Bay Boulevard Dear Ms. CI ~E~EIVEE~ s~r~ ~ v zoos k~LPUVIVIPV(~ DEPARTMENt Clf[Y OF CIFARWATER On behalf of the applicant, BVG Acquisition, Inc., we hereby request that the referenced application be continued from the September 16, 2008 Community Development Board (CDB) hearing to the October 21, 2008 CDB hearing. I would appreciate your confirmation that this matter has been continued to the October CDB agenda. If you have any questions or need additional information, please do not hesitate to contact me. Respectfully submitted, JOHNSON, POPE,BOKOR, RUPPEL & BURNS, LLP ~-~ ~ Katherine E. Cole, Esq. cc: Sherry Watkins, City of Clearwater Troy Hart, BVG Acquisition Chris Foley, MacFarlane Ferguson McMullen TAMPA • CLEARWATER • ST. PETERSBURG • 1.,.0 r ~~ ~ - __` -~ ~ ~ ' t ;? ; Jj ~'i2~8 `~~ ~~1 ,~ , P NIVtNC ...a. ~ ~ ,,~~..> ~ DEl!E~Gprv;~;,.T i SERVICE;, ~~T1' OF CLEARWATER Case # REZ2008-07007 Sign Posting Acknowledgement I hereby acknowledge receiving a notification sign to post on the property I own and/or represent that is undergoing either an annexation, land use plan amendment and/or rezoning, and will post the sign (provided by Staff) on the subject property so that it is readable from the most significant adjacent road a minimum of 15 days before the Public Hearing. C-~i na ~ _ L~a.r~ ~~~ ~ i Print Name . ~_ Sign Name Public Hearing Date - CDB: 09-16-2008 CC 1: 10-15-2008 /~~~Q~ Date Posting Date - No Later Than: 09-0 l -2008 CC2: 11-OS-2008 Message Page 1 of 1 Reynolds,. Mike From:. Katie Cole [Katiec@jpfirm.com] Sent: Wednesday, July 23,.2008.5:18. PM To: Reynolds,. Mike Cc: Gina L. Canopari; 'Marc Mariano';. Clayton, Gina Subject: Bayview Gardens. rezoning Hi Mike- I was. wondering if you found any research indicating why the ROG land use is on the corner. of the property at Bayview Gardens? I am anxious. to. get the. surveyor working. on a new. legal. description if that is necessary. It is my understanding. that the. legal. would. need to be updated. prior to the. advertising. deadline. on Sept. 1. Please confirm that is correct. Thanks! Katie Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut St. Clearwater, FL 33756 Tel: 727-461-1818 Fax: 727-462-0365 7/24/2008 • Regy~olds, Mike From: Katie Cole [Katiec@jpfirm.comj Sent: Monday, July 14, 2008 11:08 AM To: Reynolds, Mike Cc: Gina L. Canopari; Ed Armstrong; 'Troy Hart ; Steve DeMontmollin Subject: Bayview Gardens Rezoning ~ ~ ~ ~- ~ ~/ 13ayview Gardens ~ , . /;"~ ____~/fud ~~ ~L , ~ ~'' i~ land use maps.... l ~`'~v~~ Mike- Per our discussion this morning, attached are some visuals regarding the odd section of R/O/G land use and O zoning in the northwest corner of the Bayview Gardens property. As you are aware, the applicant has submitted an application for a zoning atlas amendment to change the MDR zoning to MHDR to accommodate skilled nursing care on site. There is a companion site plan application also pending with the city. It is the intent of the applicant to have all the property zoned MHDR. R/O/G land use category does not allow MHDR zoning. That being said, rather than hold up the process, the applicant can less out that portion from the legal we previously provided. The rezoning application stated "a portion of" the parcel, so I believe legally we are fine with our request. I'd like to find out if there is a chance to administratively change the land use/zoning that is inconsistent with the rest of the parcel. In speaking with the PPC, they felt if a portion of a parcel inadvertently was labeled inconsistently, there was this option. Of course, it will depend if there is an ordinance specifically implementing the R/O/G land use or if the portion of this parcel was intentionally carved out of the RM land use category that exists on the rest of the property. Thanks for taking the time to research this. If we need to change the legal description of our request, I'd like to ask the surveyor to do that immediately as to not delay the public hearing process. Please let me know if you have any questions. Katie Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut St. Clearwater, FL 33756 Tel: 727-461-1818 Fax: 727-462-0365 .r 1 • ~ ,/ • ~ ,. ~~ 2855 Gul~to Bav Blvd. (Bavview~ardensl / East lake Palm Harbor Olda ma Dv ned in i • ~ ^ + Satity Harbo • ~DR -- ~ • Clearvvaiar ~ ~ ~ © i9elkwair z < _ ~ largo FeatherSTwn z O ~ ~'';a ~ Harbor BIut1Y Qa . . ,.- , ~ .._ ,_,. .. _. _, ..v. _• 0 D m _ ~ Lomond ~~~:~~ ?v ens BLV:: a Parcel Infarrf-atian r~~ ilU FTO$AYBlVO _ ~ Strats N _~ ~ _ ,p _ ~ Parcels ~. s ~~.~ ~,, ' ~ Zoning ~ -/ CROSS CIR ~, _ ~ t~oR pAp ~., ,.. ~~~ ~ MDR 70 ~ ® MN(1R ^ H01t f.. J • D MNT ~ ~ ~ T ' MHDR . •` ~ MDR ~ • 1 O ,~p'P'• t 4 '~s ' ~ ~ ~ Ae rlal Photo 2008 • • Q Z. ~ I o ~ ~ ~ ~ ~ c ~~ ~ ~~ ~ ~ ~ ~ 1~ ~~ ~ ~ ~ Y ~- ~ , :~ SK ~ RBOR DR{VE ~ ~ o ¢ ,, m 4 d,om imk ren~ ~ ~~ ~~ .'~:`~` :~a a ~~ .°~ ~~~ ~L ~~ 1 ~~ ~ ~s I I I I I I I >~ I ~ I ~s I ~~ N I ~ 1 ~~ • 1 I ~ ^ s P~ r '~ r m ° ~~ ~ • Nroperty tzeport: ~! close wlr,dow 2861 GULF TO BAY BLVD 17/29/16/03006/000/0200 ~ K ~~°~ Property~ppra iser Tax Collector General Municipality: CLEARWATER Subdivison: BASKIN'S REPEAT RESUB Tax District: CW Census Block: 1024 Census Tract: 025405 Zipcode: 33759 -f-0-}-~ Si~ Acreage: 31.396 ' Public Safet Fire District: 05 -Clearwater Evacuation Level: C Political ' Voter Precinct: 606 At-Large District: District 1 Ronnle E. Duncan Single Member District: District 5 Karen Williams Seel Environmental within 330ft. of Eagles Nest: No within 660ft. of Eagles Nest: No Re Nin b Cit Curbside: Y~ Dropoff: YES Pickup: YES • s j ~_.____..__ r i ~ 1 ' I _~. r- ---~ l ,, ~~ , ., .,~ ~~~ - , ~~ ~ ~ ~ ~ ,~, `~ t 1 NZG A~ D ." t~{ w. ~ _~ ~ .. . . -~.. ;, ,~ ,~~ ,_ ~, ~~ ~`" _~.»b.~ - ._ . ri f ~, ~~ Ij ~~ ~ a ~~ ~; .r .~i ~r-ryraw. .... , ~' ~~ ,~!" ~ ( Z) f E' ~~4.. ~,; Si ~- . -~ mar ' ;.:. 4 :~.p; {' ~: •. _ 1. t * " t • f 4 1 i 1 •~• ..1y i r r .. ~.~ ~1-yy~ f~ ~~~ f ~ ` C M~~~ s r. ~~ ..: ~ wl~~,, ~,. -~,.~,.j ~; (1 ~ ( 7~ .,~~. l ~. ~~. A~R,~t~ii,~~w „, ,~ : ,' ~'' „s: r;; @~ PLM'NING DEPARTMENT July 11, 2008 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 Katherine E. Cole Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 RE: Letter of Completeness for a Zoning Atlas Amendment (REZ2008-07007), located at 2855 Gulf to Bay Boulevard, to change the Zoning Atlas designation of Medium Density Residential (MDR) to Medium High Density Residential (MHDR) Ms. Cole: The Planning Department reviewed your application for a Zoning Atlas Amendment (REZ2008- 07007) for one property located at 2855 Gulf to Bay Boulevard. After review it is determined that your application is complete. The following schedule has been tentatively established for the review of your application by vaiiouS ~.,ity uOaru~. ~~I;c~c ~~~GG«~~~~ are iiecessa~y iii uruci w Frocess your request appropriaieiy. Attendance by you or the applicant shall be required at the Development Review Committee meeting and Community Development Board meeting. Should the following meeting times and/or locations change or if you will not be required to attend the Development Review Committee meeting you will be contacted iminediately. 08-07-2008 Development Review Committee, meeting time to be determined (Please call Sherry Watkins at 727.562.4582 no earlier than one week prior to the meeting date~for the approximate time that your case will be reviewed.); in the Planning Department conference room -Room 216 - on the second floor of the Municipal Services Building, 100 South Myrtle Avenue in Clearwater. 09-16-2008 Community Development Board, meeting starts at 1:00 p.m. in the City Council Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue. 10-15-2008 City Council (first reading), meeting starts at 6:00 p.m. in the City Council Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue. S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard - BVG Acquisition, Inc\REZ2008-02001 Letter of Completeness.doc ~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER ^~atherine E. Cole,. Esq. ,, ~ July 11, 2008. - Letter of Completeness. ~ Page 2 11-OS-2008 City Council (second reading), meeting starts at 6:00 p.m. in the City Council Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue. You will be contacted immediately when the date of second reading of City Council has been determined. If you have any questions, please. do not hesitate to contact me at 727-562-4836 or mike.reynolds@myclearwater.com. Sincerely, Michael H. Reynolds, AICP Planner III S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard - BVG Acquisition, Inc\REZ2008-02001 Letter of Completeness.doc `6 • e FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 T O • K G~e ~ r~ ~ - ~ l,~t FAX: ~~ Z ~ 0.~~ `f" Phone: FROM: ~~~~ / <~/Lt ~Gl/' Phone: ~~~"' S~~~'~ DATE: ~ -' I'7"`~~~ SUBJECT: /' ,q~' Z~o/~~ ~~ ~Q ~ ~ MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) ~i,,s,~.,e.r~~ t~`~~.~~'`~"r off; , ~1,,~,~~,~r : T ~, a,~" , ~ ~4 ; ~g p ~~~~ ` ~~~~'~~ ..t ~ ; rok: A PENNING DEPARTMENT July 11, 2008 ~ • CITY OF C LEARWATE~R POST OFFICE BOX 4748, CLEARVi/ATER~ FLORIDA 33758-4748 MUNICIPAL. SERVICES BUILDING, LOO SOUTH MYRTLE AVENUE, CEEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 Katherine E. Cole Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 RE: Letter of Completeness for a Zoning Atlas Amendment (REZ2008-07007), located at 2855 Gulf to Bay Boulevard, to change the Zoning Atlas designation of Medium Density Residential (MDR) to Medium High Density Residential (MHDR) Ms. Cole: The Planning Department reviewed your application for a Zoning Atlas Amendment (REZ2008- 07007) for one property located at 2855 Gulf to Bay Boulevard. After review it is determined that your application is complete. The following schedule has been tentatively established for the review of your application by various City boards. These meetings are necessary in order to process your request appropriately. Attendance by you or the applicant shall be required at the Development Review Committee meeting and Community Development Board meeting. Should the following meeting times and/or locations change or if you will not be required to attend the Development Review Committee meeting you will be contacted immediately. 08-07-2008 Development Review Committee, meeting time to be determined (Please call Sherry Watkins at 727.562.4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed.); in the Planning Department conference room -Room 216 - on the second floor of the Municipal Services Building, 100 South Myrtle Avenue in Clearwater. 09-16-2008 Community Development Board, meeting starts at 1:00 p.m. in the City Council Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue. 10-15-2008 City Council (first reading), meeting starts at 6:00 p.m. in the City Council Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue. S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard - BVG Acquisition, IncU2EZ2008-02001 Letter of Completeness.doc °EQUAL EMPLOYMENT ND AFFIRMATIVE ACTION EMPLOYER ` Katherine E. Cole,. Esq. July 11, 2008 - Letter of Completeness Page 2 11-OS-2008 City Council (second reading), meeting starts at 6:00 p.m. in the City Council Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue. You will be contacted immediately when the date of second reading of City Council has been determined. If you have any questions, please do not hesitate to contact me at 727-562-4836 or mike.reynolds@myclearwater.com. !!Sincerely, , Michael H. Reynolds, AICP Planner III S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-07007 - 2855 Gulf to Bay Boulevard - BVG Acquisition, Inc\REZ2008-02001 Letter of Completeness.doc .~ ,,~ ~ ~ CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER November 6, 2008 Present: Frank Hibbard George N. Cretekos John Doran Carlen Petersen Paul Gibson Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Rosemarie Call Mayor Vice-Mayor Councilmember Councilmember Councilmember 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 Willy Rice of Calvary Baptist 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: 4.1. Key to the City Presented to Lillian Trickel 4.2. Letter of Recognition -Fred McCool -Humane Society of Pinellas 4.3. Proclamation: Big East Champion USF Bulls Softball Team Weekend: Nov. 14 -16, 2008 4.4. Clearwater Housing Authority -Update to Mayor and City Council (Robert Aude, Chair) 4.5. Ironman Presentation Parks and Recreation Director Kevin Dunbar reviewed route information. 4.6. Bimonthly Team Award -November/December 2008 Presented to Police House Fire Rescue Team, Officers Davis Marshall, Christopher Lyons, Douglas Bailey and Nicholas Giordano. 5 -Approval of Minutes 5.1 Aoorove the minutes of the October 15. 2008 Citv Council Meetino. as submitted in written summation by the City Clerk. Council 2008-11-06 p~i~y2 ~ MiSSvnq ~n ~~i9~~la l J _~ x • ~ November 6, 2008. Second reading of the ordinance is scheduled for November 18, 2008 to meet the December 1, 2008 state deadline. The statutory requirements call for each local government to adopt amendments to its comprehensive plan, making corrections and modifications pursuant to the updated schedule of the annual adoption to the (minimum five- year) capital improvement program budget by December 1st of each year. This amendment is exempt from the twice a year limitation for large-scale amendments. Councilmember Cretekos moved to approve amendments to the Clearwater Comprehensive Plan to update the Capital Improvements Element, making corrections and modifications pursuant to the updated schedule of the City's Capital Improvement Program Budget adopted on September 18, 2008, and updating the reference to the School District's Five-Year Work Program as adopted by the School Board on September 9, 2008. The motion was duly seconded and carried unanimously. Ordinance 8016-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 8016-08 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 -Quasi judicial Public Hearings 8.1. Approve a Zoning Atlas Amendment from Medium Density Residential District (MDR) to the Medium High Density Residential (MHDR) District for property located at 2855 Gulf to Bay Boulevard (consisting of a portion of Sec. 17-29-16) and Pass Ordinance 7994-08 on first readin . (REZ2008-07007) This Zoning Atlas Amendment application involves one property of approximately 28.35 acres in area located approximately 370 feet southwest of the intersection of Gulf-to-Bay and Cross boulevards. This property has a Future Land Use Plan (FLUP) classification of Residential Medium (RM) and a zoning designation of Medium Density Residential (MDR). The applicant is requesting to amend the Zoning Atlas from the MDR designation to the Medium High Density Residential (MHDR) 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 October 21, 2008, and recommended approval. In response to a question it was confirmed the density allowed would not be changed. Council 2008-11-06 3 ^ ^ ~' Councilmember Petersen moved to approve a Zoning Atlas Amendment from Medium Density Residential District (MDR) to the Medium High Density Residential (MHDR) District for property located at 2855 Gulf-to-Bay Boulevard (consisting of a portion of Sec. 17-29-16). The motion was duly seconded and carried unanimously. Ordinance 7994-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7994-08 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 7890-07 on second reading, annexing certain real property whose post office address is 2000 Calumet Street, together with the abutting right-of-way of North Hercules Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 7890-07 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7890-07 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 7891-07 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2000 Calumet Street, together with the abutting right-of-way of North Hercules Avenue, upon annexation into the City of Clearwater, as Industrial Limited (IL). Ordinance 7891-07 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7891-07 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 7892-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2000 Calumet Street, together with the abutting right-of-way of North Hercules Avenue, upon annexation into the City of Clearwater, as Industrial, Research and Technology (IRT). Ordinance 7892-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7892-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2008-11-06 4 ,~ • City Council Agenda Location: Council Chambers -City Hall Date: 11 /6/2008- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Key to the City Presented to Lillian Trickel L~ Attachments 4.2 Letter of Recognition -Fred McCool -Humane Society of Pinellas L~ Attachments 4.3 Proclamation: Big East Champion USF Bulls Softball Team Weekend Attachments 4.4 Clearwater Housing Authority -Update to Mayor and City Council (Robert Aude, Chairperson) Attachments 4.5 Ironman Presentation -Kevin Dunbar Attachments 4.6 Service Award /Team Award L~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the October 15, 2008 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings -Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff ~~ -Statement of case by ap~ant or representative (5 min.) • - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve amendments to the Clearwater Comprehensive Plan to update the Capital Improvements Element, making corrections and modifications pursuant to the updated schedule of the City's Capital Improvement Program Budget adopted on September 18, 2008, and updating the reference to the School District's Five-Year Work Program as adopted by the School Board on September 9, 2008 and pass Ordinance 8016-08 on first reading. I~ Attachments 8. Quasi judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 Approve a Zoning Atlas Amendment from Medium Density Residential District (MDR) to the Medium High Density Residential (MHDR) District for property located at 2855 Gulf to Bay Boulevard (consisting of a portion of Section 17, Township 29 South, Range 16 East) and Pass Ordinance 7994-08 on first reading. (REZ2008-07007) Attachments 9. Second Readings -Public Hearing 9.1 Adopt Ordinance 7890-08 on second reading, annexing certain real property whose post office address is 2000 Calumet Street, together with the abutting right-of-way of North Hercules Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 9.2 Adopt Ordinance 7891-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2000 Calumet Street, together with the abutting right-of-way of North Hercules Avenue, upon annexation into the City of Clearwater, as Industrial Limited (IL). L~ Attachments 9.3 Adopt Ordinance 7892-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2000 Calumet Street, together with the abutting right-of-way of North Hercules Avenue, upon annexation into the City of Clearwater, as Industrial, Research and Technology (IRT). Attachments 9.4 Adopt Ordinance 7998-08 on second reading, amending the Code of Ordinances, Appendix A, Schedule of Fees, Rates and Charges, Section XXVI, Clearwater Gas System Fees, Rates and Charges, to revise rates for Clearwater Gas System customers. Attachments 9.5 Adopt Ordinance 8000-08 on second reading, annexing certain real property whose post office address is 1202 Keene Road, together with the abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. i i ~'l/ City Council Agenda r Council Chambers -City Hall • . . SUBJECT /RECOMMENDATION: Meeting Date:l l/6/2008 Approve a Zoning Atlas Amendment from Medium Density Residential District (MDR) to the Medium High Density Residential (MHDR) District for property located at 2855 Gulf to Bay Boulevard (consisting of a portion of Section 17, Township 29 South, Range 16 East) and Pass Ordinance 7994-08 on first reading. (REZ2008-07007) SUMMARY: This Zoning Atlas Amendment application involves one property of approximately 28.35 acres in area located approximately 370 feet southwest of the intersection of Gulf to Bay Boulevard and Cross Boulevard. This property has a Future Land Use Plan (FLUP) classification of Residential Medium (RM) and a zoning designation of Medium Density Residential (MDR). The applicant is requesting to amend the Zoning Atlas from the MDR designation to the Medium High Density Residential (MHDR) designation. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: • The proposed rezoning application is 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; and . The district boundaries are appropriately drawn. Please refer to the staff report for the complete analysis. The Community Development Board will review this application at its public hearing on October 21, 2008. The Planning Department will report the recommnedation at November 3rd City Council meeting. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6} Clerk Cover Memo Item # 9 Case Number: REZ2008-07~-- 2855 GULF TO BAY BLVD • Owner(s): Bvg Acquisition Inc Dba Bayview Gardens Clearwater, Fl 33759 TELEPHONE: No Phone, .FAX: No Fax, E-MAIL: No Email Location: SOUTH SIDE OF GULF TO BAY BOULEVARD Atlas Page: 300B Zoning District: C, Commercial Request: Application to rezone from MDR to MHDR. Proposed Use: Nursing homes Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133763 1821 Springwood Cir S TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Sand Key Civic Association Association(s): Clearwater, F134667 1180. Gulf Blvd Unit 102 TELEPHONE: 727-593-1462,. FAX: No Fax, E-MAIL: No Email Presenter: Mike Reynolds, Planner III Attendees Included: SCOTT RICE, MIKE REYNOLDS, OTHERS The DRC reviewed this application with the following comments: General Engineering: No Comments Environmental: No Comments Fire: 1.. No Issues. Harbor Master: No Comments ~ Legal: No Comments Land Resources: No Comments Landscaping: No Comments Parks and Recreation: No Comments Stormwater: 1 . No Issues. Solid Waste: No Comments Traffic Engineering: 1 , No issues. Planning: No Comments Other: $1 , No issues. $2 . No issues. $3 . No Issues Notes: Development Review Agenda -Thursday, August 7, 2008 -Page 30 DRC Action Agrnda 1.1 ~~ ~ • City of Clearwater ~,Qj Community Development Board ~F~ ~~k c/o Planning Department ., 100 S. Myrtle Avenue ~'Gq `~ , -~ Clearwater, FL 33756 ~~F~a~a~r Re: Application of James P. & Joyce P. Gills, ~~~q ~~~ Flexible Development as a Residential Infill Redevelopment Project, Property located at 1160 Mandalay Point Road, Case No. FLD2008-08025 To the Chairman and Members of the Community Development Board: I own the home immediately north of the above-referenced property. I was asked to consent or approve to rebuilding on the Gills' lot. I did so based upon plans submitted. As you are aware, I had some concern when I received the mailed notice, since it seemed to be more intrusive than the plans I had seen. Although we would prefer that no variances be granted, we want to cooperate with our neighbors. Upon reviewing the actual site plan and elevations submitted, prepared by Behar Design & Associates dated September 15, 2008 incident to this application, we will not object. This is with the understanding that no future .deviations from the Codes for this project will be authorized or approved without a further hearing and notice to us. To make sure we are talking about the same plans, forwarded herewith you will find plans prepared by the above referenced architect, Sheet A2.0. -- - -- - ~.- . - -Any-~quest-ions, -please ~~feelfree to..contact• our attorney, .Harry -S: Cline, at 441- 8966. Sincerely, ~~ ~ ~' a~ ~~ ~~ Cecilia Odio HSC/sc cc: James P. & Joyce P. Gills Katerine E. Cole, Esq. +i~i ~.~ u ~~ d '~ ~~~ ~~~. ~~a ~~, ~ ~~