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LUZ2009-07002
CITY OF CLEARW . - - APPLICATION FOR Q ~ ~ COMPREHENSIVE PLAN AME E~1 (INCLUDING FUTURE LAND USE MAP AM ,~ „ ~ ~~}~,~ EN PLANNING DEPARTMENT 8~ p ,~~T,/ICES DEPT '' MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE ~ ~~ ~~~ PHONE (727) 562-4567 FAX (72 EAF~Wf~TEI~ APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: City of Clearwater MAILING ADDRESS: 112 South Osceola Avenue, Clearwater, FL 33756 PHONE NUMBER: 727-562-4050 PROPERTY OWNERS: Clearwater Village LLC (List all owners) AGENT NAME: Michael Delk, Community Development Coordinator MAILING ADDRESS: 100 South Myrtle Avenue, Clearwater, FL 33756 FAX NUMBER: 727-562-4052 PHONE NUMBER: 727-562-4567 FAX NUMBER: 727-562-4865 SITE INFORMATION: LOCATION: 2.21 acres located on the west side of Kings Highway approximately 112 feet south of Woodlawn Terrace STREET ADDRESS(ES): 1980 Kings Highway LEGAL DESCRIPTION: -NE-C-BR-S@-6dT-Rl3N-W°°30~T'FQR-POB~1~1`S'205f T~ki-N-AtGW~N~SB°L°OT-~437a~~~~~~-2~8-©9F-T T0.P~ S ~. L qtr ~ t. ~ ~~ ~,~,GA L C ~ ~ 7 /3 o%q PARCEL NUMBER(S): 03-29-15-55548-000-0091 SIZE OF SITE: 2.21 acres FUTURE LAND USE CLASSIFICATION: PRESENT: Residential Medium ZONING CLASSIFICATION: PRESENT: MDR PROPOSED TEXT AMENDMENT: N/A REQUESTED: Transportation/Utility Overlay, Water/Drainage Feature Overlay with existing Residential Medium REQUESTED: MDR I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my/(our) knowledge. Sig~ re of property owner or representative Signature of property owner or representative STATE OF FLORIDA, COUNTY OF PINELLAS Sworn t d subscribed before me this y day of A. D., 20_~to me by S 2 oA ,who is personally known has produced /V/A as identification. Notary public, +~ `F """"""""""" my commission expires: q, a MY COMA9ISSION # DD52 ~~!'OF~o`Q EX?IF.ES: Ma~.6,?A10 (~0~ 39&0153 Raride NCnry S~vice.a ~~ ~~ \J \g ¢¢ J~~ /V * M THAT PORTION OF THE FLORIDA POWER CORPORATION EASEMENT AS RECORDED IN DEED BOOK 1614, PAGE 87 AND THAT PORTION OF THE DRAINAGE EASEMENT AS RECORDED IN O.R. BOOK 2940, PAGE 48 THAT LIES WITHIN THE FOLLOWING DESCRIBED TRACT. A PORTION OF LOT 9, LESS THE EAST 30 FEET THEREOF, E.A. MARSHALL SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; RUN NORTH 89°15'17" WEST ALONG THE NORTH LINE OF SAID LOT 9; 30.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00°16'06" EAST BEING 30' WEST AND PARALLEL TO THE EAST LINE OF LOT 9, 205.00 FEET: THENCE SOUTH 52°29'00" WEST, 375.75 FEET ~TO THE WEST LINE OF LOT 9; THENCE NORTH 00°15'36" WEST, ALONG SAID WEST LINE OF LOT 9, 437.72 FEET TO THE NORTHWEST CORNER OF LOT 9, THENCE SOUTH 89°15'17" EAST, ALONG THE NORTH LINE OF SAID LOT 9, 299.09 FEET TO THE POINT OF BEGINNING. CONTAINING 2.2 ACRES MOL ~L~U V l5 DEVELOPMENT SERVICES DEPT CITY OF CLE:AFiWATEEi ~'"~ •,., r , .,: f ,~_ r ~ 0. ~. .~1~~ .C YJ fHU~ iV F y 1j ' f~ ~ ~ dmt FOR AND IN CONSIDERATION of the sung of One Dollar ($l. 00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, SUNSET POINT BAPTIST CHURCH OF' CLEARWATER, FLORIDA, INC. , anon-profit' corporation, ' does.-hereby grant and convey to the CITY OF CLEARWATER,, FLORLT~~4, a.n easement over, under and across the following described wand, lying and '~ ~ ~ being situate in the County of Pinellas, State of Florida, to-wit: A drainage easement over Lots 9, 19 and 20, E. A. Marshall Es ,~ y ~ Sub. in NE- F/4 of Section 3, Township 29 South, Range 15 °' `' o ~ East as recorded in Plat Book 3, page 44 of Public Records ~ :~ ~ c~ ~ ~ ~ of Pinellas County, Florida 25 feet-each side of following ~.~ `~ .ti described line: Start ~t a point 30. 00 feet West .of NE ~. ~ o corner of said Lot 9 and run S 00°16'06" E, .205 feet to '~' Cj.a w a point in ditch for a point of beginning; thence 8 52°29' W, ~, ~ 270 feet.; thence S 34° 14'21" W, a distance of 104. 21 feet, ~ t; ~ ~ to a point 25 feet East of West line of said Lot 9; thence ~~~~. +~ U ~ ,. S 0°14'58" E parallel to and 25 feet East of said West line ~' w ~' of'Lot 9, a distance 'of 215 feet to. a point 25 feet-East of NW W d U; ~' ~ ~ corner of Lot 20 of said E. A. Marshall's Sub, ;thence N•~.v S 53°15' W, 140.00 feet; thence S 66°30'32!' W, a distance • of 150.88 feet; thence S 78°16' W, 105 feet to a point on the. West line of Lot 19 that is S 0°13'49" E, 170 feet from ~ ~~, NW corner of Lot 19 in said E. A. Marshall's Sub. ~ ° Q o~ ~ ^~-, 4r: `° DOCIJMi~P~FTf-4nY -.;.£z STAMP TAX j ~ ':a - - ~~~ - w _._.:- COtAPTF°LIER i~.r'a at' o _ P.B. - QCT30'69 ~'`~' ~ ~ ~ U. ~ i~ •~ ~ ~y-si. is ' o ~ lOE21 '~'c~~a•.e.. ~ CT9 !~; jp ~d dra'na~e This easement being for~~~cinstallation and maintenance. The. CITY OF CLEARWATER, FLORIDA,. shall have the right t° enter upon the above described premises and to. construct, install and maintain thereon any utility lines and to inspect and alter such utility lines from time to time. IN WITNESS WIiEREOF, the party hereto has caused these presents to be duly executed by its proper .officers thereunto. authorized and its seal • to be. hereunto affixed, this '~~,,. day of October ~ 19 68 " , . ~ Signed, sealed and delivered SUNSET POINT BAPTIST CHURCH: in the presence of: OF C EAR ATER, L RIDA, INC. B ' ~.,! ~ ~,,._~, ~ y Its. President 1 ~~ 4 \ ' ' _ ~ Attest: ~ s ~/ ~z;y ,, f: ~ r, . ,.. ~ Its ' retary iii___ ,- ~ (~o_porate C~~}}~_ ~bc Y ~ _ r" ~ - .. ~ J.~ .. ^. "ter .. , , ~, .. ,,~~ ..: , --,. N ,,,o.:~.,q DOCUMENTARY - ;.t.~~°`. ~Z . M .~. FLO R! A ~ C~ ~ TAX _ - ..... a~ My o.,°. ` OCL30'68 U .U. ~ ~ - P, B. ~ __ ~ 0 10825 ' ~~~~, ~. .. ~. i , - ~ ~ ~ ~~: .~ ~ -~ - _ ,. ~~~F h- ^~ , 5~ -z'F~FSct~ _ ~ _ _ u hcce5}! ~c3~ cas~Ac -_ ` `~ s __ - ~ lctres, p ,- ~ -- - - ~_--- t6Re_.`K7cFilll~l t Fasts>71i~- ~'` ~iesenL~c aK-ti0a~e7+t"~i?h over-- pgon _and-~t9st- ~ ~ a Scri::cG laed an -.- ---- - .:. - ~ ~ ..mow - '' Jtate (~: I-:'aada. CD AS(: ~., ' ..- - ~ - __ Z~~rH 9.,- ~-3- 8~"~ _~t ~`-z_-~: ~-~~~-1- -- - -~~-1-"~~-~_ ~_._i~f C~`_s~Ctl' ~_~s ~ .: _ _ ~acctar l~n~a_o.f mower g3.-ss`~o ba 3acal ~nb~t?3.a1],1! ~?_ac~flr~ 5e~_ +rit3s ~Iat ---- • ~;.- ~_atta~-cbee3_h,ar~eii? ~?a3_tr~ ra_m~a g_~~_*.~e_z~.i.- ------- --------------------- - ---- --- Grsu~.c~r_a~roea _#.hr<~ no c~:ls~in~_ ar atnzctnres a~har ~haa e~caa a~a~3 bs lr,~ate~ ,. ~'3.fh~' ~_~t]roff;~t ~~~ ~es~. df p4~z'.,~Ew ~oc~t on each ~c$dts at tlsa --- -~ni~ia~ c1-a~- _ z~hs.'.I b® li;zfil _t o _~_ (~Q fagettur -tth .he :r to' Sr entPrtr, a ter, improFr. ttpair. rebni;d or :cmovr s~fr l~vca, r.;u~prr:at S>:d acccsooriex: mdttdsay thrrigSzto u.rcasc:cr dccrcau t}xnor-_'_xr of wi;cc aad v,:irayt, tc.ycch:r xitfi a;t cityhts aodpn.ik~.s ttasoaabl~:neccaaaryarcoaves- ; itncfoethe enjayincnr ar gxtheceof for the parpCSCa above d;x:ibrd.;ucloding tlx nyhe to tr4m, cut end I[tep.dur aechtma. limb[ '' and nndtigrorcihalong shad dmcs. _rrd a3!rirty adyattt: thereto thatmaT rndangec the proper c~cratiou of tlsesartie.:and isdgdiny. ;Iit: rWSarubIc r_yhr to rntcr'rgaa ?djoiainy I1nda of the gran ton far tLe putpoat of eserrisiny tlx riyBts htreia Yranttd. Tix grantors coceeant that zheT have the right co convty the said caxrrt-nt asd chat the arantn. its raccesaon and zssiyntts shall have gaict sad pcueable gone.-sdon. asr:and iajofinent of aasd eaament IN WI'I'PIESS WHEREOF. the granters Isavc hcrcnnto affised their hands and aealt Chia _.__~~_4&S.L-________.~_ day of------- ---~ A. D. I9 ~~. . jigned, staled and-------- ia presence af: ~ 1 ^ ~o STATE OI= 'FL(O~RIDA eac:rl-r~ of ~t iz~,a-- ~ ~ 1f ~ ------ (L. 5.) i N~ I HEREBY` CLRTiri thst(oa this__V_~---day af____ ___ ~-{-~_. ~A.p,D. I9 ~~_, bcf me the aadtrsiFnefd~! ~ au'thoritr. persoaa}iy appeared _`.~a~. _~-------------~"~.'.'ta-+t~++~--~---~-Q~t---~~~--~-TITb~ to me known to ix the persons dtsctibed in..-and tahoescatt3 chi fomgciag iaatsrtmcnt ard_______ackno~vledgtd bcfott ate that _~ Ix- executed- :he samz: ~~ESS-aiy siga?ttttz sad otficul anal. in said ConnT7 sad State: :he d2Y ahd year last aforesaid. ~:, t 4 J -----------~ ~ c- -_ ~__ ~fY Coaimiaeiod trpires:_________--______-_-- - Netorv PtcDl7c, 546!t ni Flerfda at Sang My cor.:mission zYpirrs August 1, 1959: A P - n~e^A A _ -------- ------------------Cagnty, Flarida Fired chic -_-_-._._ day of --------------------. 19---- at ___--__- o'clock --__M and retarded in ________-- Book --_---_ _ _ .. Pagt -- ---_..---- sad duly verified this---___da) of______---------------• 19_____-. CLERK GiRCJIT COVRT B• ------------------------------------------- ~- ~- ~ i l' ~~~~~~ ~ ~ !`r' ~ ~k'f~9€~Sv.~~1t~~i"~1 ,=a~?~ a,w~a~r~~sn ~.~,,;~?~,A [~' ,~1~~ ,~~.r~,, a~r~"~~ u~ '~t*' '~;~i "C?i~r.~ry„ ta'„~!;1~F~'~t~',~' ,, ,, :~ } ~ `' s i ; u~ ~ ~:;i ~., ~ 1~; , ` ~ r~; ~;~ ~~. ~ ~ ~~ ~ . , ~ , ~kl , r,, ~ 9 z ~ ~~ ~~~57 s a C ~ ~ _ . N~ ~ ~ _ 1~~ sx~f~ !' ~ ~ G'~ ~ ~ i ~ ~d ~ 7 ~ r 1 } (q ~ f~a('Sb' 1~ -, ` _1-r _ '` _ _ 1Ws ~~ a .. 7 l.!' -_ '^ 3'~r ~~ . ~ . t31 ` : ~ 41 4Fa ~ ~ 1! ~ j ~ i~ , } ~ ,~j~lAr i ,f Y~+ - ~~g.. - $~ ~ Zv i'.~ + ~~I ~~~~ ~ '~' ~~ ~ ~~. ~ ~~x F ~ l;. ~ i r,. ~ I ~ ! mss' c. t la 4~ i' 4 ~ f ', ~ ' j mrsl f ^ `lR~ ~~ ~ ~ A' ,, MdM. ~ ~ V ~~a i P ~ _ ~ A ~ - - { ~ j ~-~, ,~ ppy~ ..~._ ~,p~g~ ~.:.._ _..~ _ _ ~ ~ ~ `,.ld~~~~.4.x~i ..bd.. _.. ti.G~+nf.E',3,FStdta Cl, ~ _. _. L: i. ~ ~ _ ~ ,....,.., ~~~ ~vc:.'i~ ~. ~ta'^ ',t ~/`. ORDINANCE N0.7729-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 110 FEET SOUTH FROM THE INTERSECTION OF WOODLAWN TERRACE AND KINGS HIGHWAY, CONSISTING OF A PORTION OF LOT 9, E.A. MARSHALL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1980 KINGS HIGHWAY, FROM INSTITUTIONAL TO RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Pro e See attached legal description (LUZ2006-08004) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING January 18, 2007 PASSED ON SECOND AND FINAL READING AND ADOPTED V. Hibbard Land Use Category From: Institutional To: Residential Medium August Z4, 2007 TNF Mayor ~~ Appr ed as to form: Leslie K. Dougall-Si Assistant City Attor '/. Attest: v Gt.e~•~-•~ - ynt ~ . Goudeau City lerk o,~ Ordinance No. 7729-07 ~~ • Legal Description for LUZ2006-08004 A PORTION OF LOT 9, LESS THE EAST 30 FEET THEREOF, E.A. MARSHALL SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; RUN NORTH 89°15'17" WEST ALONG THE NORTH LINE OF SAID LOT 9; 30.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00°16'06" EAST BEING 30' WEST AND PARALLEL TO THE EAST LINE OF LOT 9, 205.00 FEET: THENCE SOUTH 52°29'00" WEST, 375.75 FEET TO THE WEST LINE OF LOT 9; THENCE NORTH 00°15'36" WEST, ALONG SAID WEST LINE OF LOT 9, 437.72 FEET TO THE NORTHWEST CORNER OF LOT 9, THENCE SOUTH 89°15'17" EAST, ALONG THE NORTH LINE OF SAID LOT 9, 299.09 FEET TO THE POINT OF BEGINNING. CONTAINING 2.2 ACRES MOL Ordinance No. 7729-07 ~_- --- r _ _ - - - s 1 W 1 8 126 739 ( I 115 -L-Lf~-- 24 23 22 21 20 79 18 ¢ 2 9 125 ,~ J 2023 R 118 15 16 17 W 3 tD 18 J 4 . ~ 4 tt ~y7 141 2018 tt7 7s W 14 13 W ) 5 t2 123 142 118 ~ 2012 RU 6 W ~ g 9 1D 17 12 6 73 RH 7 ,4 $ALP/NE RD 78 ZDpS s WOODLAWN TER a ~ ~' ~ TRACT' R Q H ~ _l E.._ J 1 1 2 3 4 5 8 T 80 Tax 1999 n O O , -Jq 2W7 t3 RM 1980 ~ ~ .Q / \ W R 2DD3 ,4 12 Q 1~4 = ~ 196. , ~ 99 1988 ~ ~ 199'y O Z ~ 61 ~ 1'tl984 °+ 1Q~5 ~ ~ $, 9 ~ D 980 101976 }~1 - 88 86 85 Ot > 9T ~ °' P .~ 1897 197 ~ ry pR a M 1974 , ~ a ~ ~ QY TR 7 1972 1969 22 ,96 23 B ~ 6D 81970 , O S R ~ 5 1968 ra f- g ~ .°. 66 }9S °i 4 1964 196114 ~ a° 51 521 ~ 1956 7! S y 1962 19~ 194: 1860 t- 1957 1949 1950 1949 ~ H7 W ,; " " 25 50 ~ 53 W ~ TR G ~ r ~ 7944 Q 194: 1958 tQ'956 O 1953 ~ La. 9 J ~ Q ~ 1943 63 ~ 0 7 952 26 1933 1838 1937 1938 ~ 1931 ~ 64 , 48 55 V P r- - ~ 1931 47 1932 56 m 1931 61 1932 ~ 1931 7 ` J ~ ~ ___ 1A98 1926 1D9A Future Land Use Map Owners: New Zion Missionary Baptist Church Case: LUZ2006-08004 Site: 1980 Kings Highway Property 2,21 acres Size(Acres): Land Use Zoning PIN: 03/29/15/55548/000/0091 From : I I To: RM MDR Atlas Page: 251 B ~:7rtanntng uepartmennt. ~ v~orms ana snens~map requestJosmswuJVtrv.[, LUL, t[CL map reguestJorm.doc `' BOARD OF COUNTY COMMISSLONERS Ronnie E. Duncan -Chairman Robert B. Stewart -Vice Chairman Calvin D. Harris Susan Lariala John Morroni Karen Williams See! Kenneth T. Welch March 16, 2007 • Pinellas (~ County 1 The Honorable Frank Hibbard, Mayor City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Mayor Hibbard: At its March 13, 2007 meeting, the Board of County Commissioners, acting as the CPA, took action to approve Cases CW 07-08 and CW 07-09, which were initiated by your City. The Ordinance associated with this action is attached. In addition, the CPA approved a minor plan change to the Beach By Design Special Area Plan. Sincerely, Smith, Director County Planning Department cc: Planning Director CPA\Corresp.ck.pg 7 ~~~~~~~ MAR 2 0 200? PLANNING DEPARTAAENY CITY OF CLFARWATER PLEASE ADDRESS REPLY T0: 600 Cleveland Street Suite 750 Clearwater, Florida 33755 Phone: (727)464-8200 Fax: (727) 464-8201 ~ - Website: www.pinellascounty.org , , tl~ ORDINANCE NO.07- AN ORDINANCE AMENDING TIC COtTNTYWIDE FUTURE LAND USE PLAN OF PINELLAS COUNTY, FLORIDA, BY ACTION ON CASE NUMBERS CW 07-08 AND CW 07-09 INITIATED BY THE CITY OF CLEARWATER AND TRANSMITTED TO THE BOARD IN ACCORDANCE WITH THE SPECIAL ACT; PROVIDING FOR AMENDMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING OF THE ORDINANCE; PROVIDING FOR OTI~R MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT TIC PUBLIC HEARINGS AND WITH RESPONSIBLE AUTHORITIES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, proposed amendments to the Countywide Future Land Use Plan, which is an element of the Countywide Comprehensive Plan of Pinellas County, Florida, have been presented at a public hearing to the Board of County Commissioners in their capacity as the Countywide Planning Authority; and WHEREAS, notices of public hearings have been accomplished as required by Chapter 73-594, Laws of Florida, as amended; and WHEREAS, procedures of the Special Act and County Charter have been followed concerning the Pinellas Planning Council and the Countywide Planning Authority for proposed amendment to the Countywide Future Land Use Plan; and WHEREAS, the City of Clearwater initiated proposed amendments which were considered at a public hearing by the Pinellas Planning Council on February 21, 2007, with recommendations made by the Council that are documented in the Council reports referred to as Exhibit A; and WHEREAS, the Board has conducted a public hearing and taken action that is documented by ordinance for approvals or partial approvals and partial denials and by resolution for denials, with both documents including the relevant Council reports as attached. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida, acting as the Countywide Planning Authority in regular meeting duly assembled on March 13, 2007, as follows: Section 1 - Amending the Countywide Future Land Use Plan The Countywide Future Land Use Plan for Pinellas County adopted in Section 3(a) of Ordinance 89-4 is amended to reflect the changes adopted as follows: #CW 07-08 2.1 acres located at 2295 McMullen-Booth Road, from Residential Suburban to Institutional. #CW 07-09 2.2 acres located on the west side of Kings Highway, 130 feet south of Woodlawn Terrace, from Institutional to Residential Medium and Residential Medium with the Transportation/LTtility Overlay and the Water/Drainage Feature Overlay to recognize the existing drainage and Progress Energy easements on the site, subject to certain conditions as specified in the attached documentation in Exhibit A. Section 2. Severability If any Section, Subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by a Court of Competent Jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Section 3. Effectiveness of Plan Action The Plan designations of this Ordinance do not go into effect until the comparable local comprehensive plan designation is approved by the local jurisdiction. t ~+ i Section 4. Filing of Ordinance• Effective Date A certified copy of this ordinance shall be filed with the Secretary of State with the Ordinance and Exhibit A to be filed with Clerk of the Circuit Court. This Ordinance shall take effect upon filing with the Department of State. ~ ~ .. ., AP`P~~V~G ~;5 T~ ~~~~,~ ~F~~E C~ G~;~*~TY ~.iTf{~RNEY Attorney PINE~~S PLANNING COUNCf AGENDA MEMORANDUM AGENDA ITEM: III B-4. MEETING DATE: February 21, 2007 SUBJECT: Proposed Regular Amendment to the Countywide Future Land Use Plan Map From: Institutional - I To: Residential Medium - RM Area: 2.2 Acres m.o.l CASE #: CW 07-09 JURISDICTION: Clearwater LOCATION: On the west side of Kings Highway, 130 feet south of Woodlawn Terrace. RECOMMENDATION: Council Recommend Approval Of The Following (Refer To Attached Map 5~~ Residential Medium In Combination With Both The Transportation/LJtility And The WaterlDrainage Featwe As Overlays To Recognize The Respective Easements On Site As Per The Submitted Survey Subject To The City Amending Its Comprehensive Plan And Land Development Regulations Through The Evaluation Appraisal Report Amendment Process To Establish The Transportation/Uti]ity And Water/Drainag_e Feature Overlays As Necessary And Subsequently A~plyin~ These Categories Consistent With This Countywide Plan Map Amendment. I. BACKGROUND The subject site is undeveloped and contains both a City drainage and Progress Energy utility easement along its southern property line (as identified per the submitted survey). As per the attached Ordinance No. 7729-07 (refer to Support Document 4), which was approved by Clearwater's City Council, the request is to amend the entire site from Institutional to Residential Medium (RM). However, the proposed request does not recognize the site's existing drainage area and Progress Energy utility lines. Therefore as noted above, Council staff has recommended that the requested amendment include the Transportation/Utility and Water/Drainage Feature categories as overlays to reflect the respective easements that are on the site. PINELLAS PLANNING COUNCIL ACTION: 02/21/07: The Council recommended approval of the amendment from Institutional to Residential Medium in combination with both the Transportation/Utility and the Water/Drainage Feature as Overlays to recognize the respective easements on site, as per the submitted survey; subject to the above noted conditions (vote 11-0). COUNTYWIDE PLANNINGAUTHORITYACTION: I H::USERS\R'PDOCS\XY2 In Scrvicc Setup\Coimtywidc Plan Map\Amendmmrs\200T02Fcbrvary\Reports\CW07-09Rce.CLW.doc SUBJECT: Case C W 07-09 -Clearwater At present, the City is unable to amend their Future Land Use Map to coincide with the above recommendation (refer to attach Map 5} and will at a later date amend their Comprehensive Plan and Land Development Regulations to adopt both the Transportation/Utility and Water/Drainage Feature as overlays so as to be available to be used in conjunction with the RM category. The Countywide Rules would permit a total of 33 residential units to be developed on the 2.2 acre site utilizing the proposed RM designation, (1 S units per acre (upa} x 2.2 acres = 33 units). However, when subtracting the area under the utility line and the drainage easement the potential buildable area for the site (which is I.55 acres), would yield an effective density of 21.3 upa. City staff has indicated that the site will be developed with 30 residential units, therefore the actual effective density on the site would be 19.4 upa. The immediate area, north of the subject site, is assigned two Countywide Plan Map designations, RM and Residential High (RH, which allows up to 30 upa). The RM designated area is vacant and the RH designated area is developed with an apartment building at 29 upa. The area to the northeast, across Kings Highway is also designated RH and is developed with an apartment building at 23 upa. The area to the east (also across Kings Highway} is designated Residential Urban and Preservation, developed with asingle-family home and contains a drainage area that eventually runs through the subject area. The property to the immediate south is designated Institutional and is developed with a church. The area to the west is partially developed with a single-family attached subdivision, designated Residential Low Medium (RLM, which allows up to 10 upa). II. FINDINGS This amendment is considered a "regular amendment" because it impacts one or more of the six Relevant Countywide Considerations contained in the Countywide Rules. The impacted consideration is: • Consistency with the Countywide Plan and Rules. In summary, Council staff has concluded that the requested RM category can be considered an appropriate Countywide Plan Map designation, given the site's close proximity to Sunset Point Road (a Minor Arterial Road) and the site's adjacency to other medium/high density residential uses and RLM, RM, and RH Countywide Plan Map categories. For a detailed staff evaluation of the proposed amendment's impact on the above Relevant Countywide Considerations refer to Support Document 1: Council Staff Analysis. In consideration of and based upon a balanced legislative determination of the Relevant Countywide Considerations, as they relate to the overall purpose and integrity of the Countywide Plan, it has been determined that the proposed Residential Medium category is generally consistent. However, the requested. amendment by the City would not recognize the site's drainage easement and Progress Energy utility lines. Therefore, it is recommended that the Council approve the following (refer to attached Map S}: Residential Medium in combination with both the TransportationlUtility and the Water/Drainage Feature as ~+ 2 r SUBJECT: Case CW 07-09 -Clearwater overlays to recognize the respective easements on site, as per the submitted survey; sub)ect to the Cit~amendin~ its comprehensive plan and land development regulations through the evaluation appraisal report amendment process to establish the Transportation/Utility and Water/Drainage ,feature overlays as necessary, and subsequently applying these categories ~~~~, . consistent with~thCountywide Plan Map amendment III. PLANNERS ADVISORY COMMITTEE (PAC) At their meeting on February 12, 2007, the PAC discussed this case and recommended approval of the staff recommendation (vote 12-0). The draft PAC minutes relative to this case are included as Attachment 1. IV. FIST OF MAPS & ATTACHMENTS Map 1 Location Map 2 Current Countywide Plan Map & Jurisdictional Map -Black & White Map 3 Aerial -Black & White Map 4 Current Countywide Plan Map - Color Map 5 Proposed Countywide Plan Map -Color Attachment 1 Draft PAC Minutes V. SUPPORT DOCUMENTS - available only at www.pinellasplanningcounci~org (see February PPCAgenda and then click on corresponding case number). S~?pport Document 1 Council Staff Analysis, Support Document 2 PPC Disclosure of Interest Form Support Document 3 Local Government Application Support Document 4 City Ordinance No. 7729-07 3 MAP 1 CASE N0. ~I~II CW07-09 PINELLAS PLANNING COUNCIL .t. GRAPHICS PREPARED BY THE OFFICE OF THE PINELLAS COUNTY PROPERTY APPRAISER. JIM SMITH Produced by MED[T V2.1, Copyright 1991.1992 Pinellas County, Florida Properly Appraiser. All Rights Reserved. arc PROPOSED AMENDMENT CASE N0. C1f07-09 FRDM: Institutional (INS} T0: Residential Medium (RM) CI?Y OF CLEABI-ATER ACREAGE: 2.2 i~~ 'SCALE: 1" = 400' PINELLAS `PLANNING CUUNCIL C GRAPHICS PREPARED BY THE OFFICE OP PIIdELIAS COUNTY PROPERTY APPRAISER,7IM SMITH GRAPHICS CREATID USING MEDIT VERSION 2.1 N CASE NO. CW07-09 NOT TO SCALE MAP 3 W ~ ___ Z __~_ __~_ Z W __~_ W Z Z J ____ ____ ) ~ W W •r n v a 0 ROAD DRIVE WAY STATE W 7 z W > r Q H f W lD W ~-It B~~ W z~> W Q Q ~ o Q m J ~ K Q a v m ROAD Q K 0 J W LEG~TD ~. RESmP.ti77AL - ~ HfSIDEN77AL RURAL - IAIf HEDII7M RPSD)ENTIAL RFSIDEN7IAL ESTATE A®HRI BBSIDENTIdL SUHUIZBAN R~~ENTUL HIGH ~ ~ RESIDFNTIAL E~ LOA RES7DENTIAI. VERY HICH RESIDRNTIdL uRHAx anon usB coaaBa~. =.n -;~=Y ~_.~ -~"-~'}~~v ~. - 3::- R~sID N77,1L~ OFF7CS 1]![~1`ED conrEncue. ~ NEIGHBORBOOD RFSIDENI7AI.// `~ _. ~ OFFICE 6EN!`AAI. ~ COMMERCIAL ~"i''--- '' LAOTED RFSIDEN77AL/ OFFICE/RETAIL .`... COMMI31tCLAL RECRFdTION RESORT FACILITIES OVERLAY COMYER(9AL 6ENERAI. RESORT M6DR~IM~ INDUStRIAL RsDRr PACILI7IE.S ~ LNDUSrnu. LIMITED PUBLiC/SBI[I-PIIBIiC SPBCIAI~DBSIGNA7I8N PRESERVATION 1(A7'~/ DRA1NdGE P&ITUNE / PEN SPACE .® NS O•N-OCOMMI7tC1A1. CORRIDOR i LNSTI711170NLL ~ ACTIVITY CENTER TSANSPORTATIDN/ U'INTY x.. r .~ '~ COMMUNTfY _..4„_ `. ~ REDEVEIAPl~[~iT -:::=%?:.=~_ DISTRICT CBN17idL IDGH ~„~ MAP 4 `~ CASE N0. C1r07-09 FRO~L: TO: INS Rl~ PINEIdAS PLANNING COUNCIL LNSTITIPTIONAL RESmENnAL Alm~u~e sa:.Pmcs PR>rAR>m >Ir T~ oma or THE PRIElLS CODNTY PROPHRIT APPRI1~JJt, ]IY SIQfE ACREAGE: 2.2 scAte r• = enn• ..n.~..... a..,..e....M..........._ ........._. _ . _ STREET \ RIDGELME SUNSET POINT ~ ~ ~ ~ ~ ____ W ~ ~ ~`IL , ~ Z W ` W ~ ____ W __~_ _ ] ~ W O Q ____ W W W Z Q J ____ Q ~ > > W O ____ Q Q ____ ____ ____ ____ a 1 -- ARBELIA STREET ---- ~~ ' I ---- -- - o ---- ---- ---`---- z a ---- ~ ~ W O ~ 2 ____ ____ ____ a ____~____ {~ ~ Q Q N ____ < ____~____ p O Rt06ElANE ____ ` 1-- ` i W ~ \ CIR ____ ____ Z ____~____ Q ~ W , ____ J ~ W Z ____ - --- - a -- - - J IDLEwILD DRIVE W ¢ s __ ____ Q ^Q RIDGEIAN[ ~ ,~r ' F _ CIR Q ____ H Z ~ W W ~ Q W ~- ¢ W Z ~ J O ~ J J ~ d +~ - N r Q J~ "~ RIDGEI.AAE ROAD w00DLAwN TERRACE __ __ - y_ ~~ . t _ f. ~t ~f j ____ _ '.~~ J--~ - y- :? -~ -'~" ~ _ gY~ W ~ :' . ` __ ~. W Z ROAD war `-- .~:~ 7 W ~~ ~ _- a ~ _ .s ~- a N O J STATE STR T ~. a ~ 4 W _ ~ -: a Q U ____ UR Z ~ r ~ ~ } y J _ - Q F LY4. vX'k. _ f. ~ a r - W ~ _ 9 _ ~-~ - ~ ~ _______I ~~` ~ _.~ s ~ - _ wlLSON .ROAD ° W _____ ` ti _ W ~ Z I _ Y O a Iii 4` ~..:.... SUNSET POINT ~ ROAD _ ,~ ~ ~. >.::..-..:::.: ., ,.. .... -' _ :~.. ..=~,.-mss: _ _ _~;' ~Cr~DRESIDIENZ7 AL 1(1XED USE COII)tSBetAL PUBLIC/SEMI-PUBLIC SPECIAL DffiIGNA7I0N - RESIDENTIAL RURAL -"'~,_~y~~- RF3mENllA1 tow MEDIUd -2 r a ~., s RFSmENT1AL//_ OFFICE LIIDTED col/YERClA1 ~ NEIGHBORHOOD PRESERVAnON we7'IIt/ ~NREE _ ~ _._ ' ~ATII7TlAL I~ ~ ~ z O~~ENGIEtAL/ N}`RAL ~~~2.. CLAtITID ~L ~ OPECN~SPACE ® CoN~~LR~RCIAL ~j~ REIIDENTIAL O~FFIIDCE/RETA/D. REC~7IDION ~ TNSTPI'U770NAL ® ACTTVTTY CENTER ~ ~ ~1 't ~ x RESIDENTIAL tow RESIDENTIAL VERY HIGH ~ ~ RESORT OVERLAY S COIDJERCIAI GENERAL TRANSPORTATION/ - UTRJTY Z~< -.• CO~IL(UNT17 REDEVELOPMENT DLSTR/LT ' ~ ~ RESIDENTTIAL uRHAN ~ RESORT a~vr°o>b~ INDUSTRGL ~ CENTRAL D~~' RESOxr FACH171ES ffiGH H~musrxuL LHQT® _ - IIiDUSTRiAL GENERAL ~~ s PINELLAS PLANNING COUNCIL C1r0"J-U9 GRAPHICS PREPARED BY THE OFFICE OF THE , ALTERNATIVB COMPROMISE PINRIJ~S COUNTY PROPERTY APPRALSER, JIM SMITH -- _ _ _ - -- ---- , -- --_---- _ _ _ SCALE L" = 400' ~ • ~~ Attachment 1 ~~f4 ~i-~ ~~~@~s ~~br~~ry 1!, 300 Regular Amendment: Case CW 07-09 -Clearwater Mr. Crawford stated that this 2.2-acre site is located on the west side of Kings Highway, 130 feet south of Woodlawn Terrace. The proposed Countywide Plan Map amendment is a request to change the designation from Institutional -Ito Residential Medium - RM. Mr. Crawford noted that the subject site is undeveloped and contains both a City drainage and Progress Energy utility easement along its southern property line as identified in the submitted survey. He also stated that the request is to amend the entire site from Institutional to Residential Medium; however, .Council staff is recommending approval of the Residential Medium, with the addition of Transportation/Utility (T/U) and Water/Drainage Feature (W/DF) categories used as overlays to recognize the respective easements on site, subject to the City of Clearwater advptuig a Comprehensi;~P P1,aMn ,a--man~mPnt ac riart pf t_ts FAR r --- amendment process to include the overlay feature of the T/U and W/DF Future Land Use Plan categories, as necessary, in its continuum of uses, and secondly, to apply these categories to Clearwater's map for this parcel of property. Mr. Brinson noted that the Countywide Rules would permit a total of 33 residential units to be developed on the 2.2-acre site utilizing the proposed RM designation; however, the proposal includes only 30 units and when subtracting the area under the utility line and the drainage easement, the potential buildable area for the site (1.55 acres), would yield an effective density of 19.4 upa. Mr. Brinson reported that the immediate area north of the subject site is assigned two Countywide Plan Map -designations, RM and RH (which allows up to 30 upa). He stated that the RM designated area is vacant, (which allows 15 upa), and the RH designated area is developed with an apartment building at 29 upa. The area to the northeast, across Kings Highway, is also designated RH and is developed with an apartment building at 23 upa. The area to the east (also across Kings Highway) is designated Residential Urban and Preservation, developed with a single-family residence. The property to the immediate south is designated Institutional and is developed with a church. The area to the west is partially • • Attachment 1 developed with asingle-family attached subdivision, designated Residential Low Medium, which allows up to 10 upa. Council staff has concluded that the requested RM category can be considered an appropriate Countywide Plan Map designation, given the site's close proximity to Sunset Point Road (a Minor Arterial Road} and the site's adjacency to other medium/high density residential uses and RLM, RM and RH Countywide Plan Map categories. Dean Neal moved to approve staff recommendation of Residential Medium with the respective Transportation/Utility and Water/Drainage Feature overlay, subject to the City amending its Comprehensive Plan and land development regulations through the Evaluation Appraisal Report amendment process to establish the Transportation/Utility and Water/Drainage Feature overlay, as necessary, and subsequently applying these categories consistent with this Countywide Plan Map amendment; the motion was seconded by Gina Clayton and carved (Vote 12-0). ORDINANCE NO.07- AN ORDINANCE AMENDING THE COUNTYWIDE FUTURE LAND USE PLAN OF PINELLAS COUNTY, FLORIDA, BY ACTION ON CASE NUMBERS CW 07-08 AND CW 07-09 INITIATED BY THE CITY OF CLEARWATER AND TRANSMITTED TO THE BOARD IN ACCORDANCE WITH THE SPECIAL ACT; PROVIDING FOR AMENDMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING OF THE ORDINANCE; PROVIDING FOR OTI-IER MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT THE PUBLIC HEARINGS AND WITH RESPONSIBLE AUTHORITIES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, proposed amendments to the Countywide Future Land Use Plan, which is an element of the Countywide Comprehensive Plan of Pinellas County, Florida, have been presented at a public hearing to the Board of County Commissioners in their capacity as the Countywide Planning Authority; and WHEREAS, notices of public hearings have been accomplished as required by Chapter 73-594, Laws of Florida, as amended; and WHEREAS, procedures of the Special Act and County Charter have been followed concerning the Pinellas Planning Council and the Countywide Planning Authority for proposed amendment to the Countywide Future Land Use Plan; and WHEREAS, the City of Clearwater initiated proposed amendments which were considered at a public hearing by the Pinellas Planning Council on February 21, 2007, with recommendations made by the Council that are documented in the Council reports referred to as Exhibit A; and WHEREAS, the Board has conducted a public hearing and taken action that is documented by ordinance for approvals or partial approvals and partial denials and by resolution for denials, with both documents including the relevant Council reports as attached. • ~. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida, acting as the Countywide Planning Authority in regular meeting duly assembled on March 13, 2007, as follows: Section 1 -Amending the Countywide Future Land Use Plan The Countywide Future Land Use Plan for Pinellas County adopted in Section 3(a) of Ordinance 89-4 is amended to reflect the changes adopted as follows: #CW 07-08 2.1 acres located at 2295 McMullen-Booth Road, from Residential Suburban to Institutional. #CW 07-09 2.2 acres located on the west side of Kings Highway, 130 feet south of Woodlawn Terrace, from Institutional to Residential Medium and Residential Medium with the Transportation/Utility Overlay and the WaterlDrainage Feature Overlay to recognize the existing drainage and Progress Energy easements on the site, subject to certain conditions as specified in the attached documentation in Exhibit A. Section 2. Severability If any Section, Subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by a .Court of Competent Jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Section 3. Effectiveness of Plan Action The Plan designations of this Ordinance do not go into effect until the comparable local comprehensive plan designation is approved by the local jurisdiction. ,1 c~ Section 4. Filin of Ordinance• Effective Date A certified copy of this ordinance shall be filed with the Secretary of State with the Ordinance and Exhibit A to be filed with Clerk of the Circuit Court. This Ordinance shall take effect upon filing with the Department of State. • A~P~i~V~C ~;5 T~ F~~~~~ ~~~;~ ~ G~;~NTY ~.T'f4R1~EY Attorney Pinellas County Public GIS ViP~ er Property Report: ~ apse window 03/29/15/55548/000/0091 ` , -~ 3~_ ~ 6 ~ fi ~ ~~r, Properly Appraiser Tax Collector Page 1 of 1 General Municipality: CLEARWATER Subdivison: MARSHALL'S, E.A. Tax District: CW Census Block: 1000 Census Tract: 026300 Zipcode: 33755 Acreage: 2.21 Public Safet Fire District: 05 -Clearwater Evacuation Level: C Political Voter Precinct: 528 At-Large District: District 2 Calvin D. Harris Single Member District: District 5 Karen Williams Seel Environmental within 330ft. of Eagles Nest: No within 660ft. of Eagles Nest: No Rec clip b Ci Curbside: YES Dropoff: YES Pickup: YES http://gis.pinellascounty.org/public%SFgis/web/parcel_report2. cfm?TYPE=ADDRESS& ST... 7/2/2009 • • a Z W 5 a ~ W ~ 0 x ~ .~ N T ALPINE RD 1 WOODLAWNTE RR ti ~ i _.. ~ -`~ ~ Z x l a F Bv~MO B~~pR BYRAM DR x Y ~ D O m m STATE ST - - - - Property Appraiser General Ination: 03/29/15/55548/000/0091 Car Page 1 of 2 Interactive Map of this Back to Search New Tax Collector Question/Comment about this parcel Results Search Information arcel 03/29/15/55548/000/0091 Data Current as of June 21, 2009 ,~,,;,,,, [8:34 am Thursday July 2] ' ~ ~ ~ Vacant Property Owner, Address, and Sales Print - ~ ~ , Property Use: 0 _ t ~~ ~.~'~ MARSHALL'S, E.A. PART LOT 9 DESC FR NE COR SD LOT RUN W ~ 30FT FOR POB TH S 205FT TH S52D29'W 375.75FT TH N ALG W LN SD LOT 437.72FT THE 299.09FT TO POB * * Click here for short le ag 1 ~ 2008 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2008 Value 2008 Tax Information Comparable Sales Value:: $0 Tax District: CW Just/Market Value: $304,200 Millage: 20.3578 Assessed Value/ SOH Cap: $304,200 Non Ad Valorem Assessments: $.00 History Taxable Value: $304,200 Taxes: $6,192.83 A significant change in taxable value may Taxes without Save-Our-Homes cap: $6,192.83 occur when sold due to changes in the Taxes without any exemptions: $6,192.83 market or the removal of exemptions. Click here for more information. Owner/Mailin~ Property Address Sale Date Book/Page Price ~ V/I Address 12/2006 15554 / 852 $275,000 Q V CLEARWATER 12/1999 10765 / 1250 $125,000 U V VILLAGE LLC 1988 FREEDOM DR Plat Year Plat Book/Page(s) CLEARWATER FL 1914 003/ 044 33755-1293 Parcel Information Book/Page: Land Use: Vacant 15554/0852 Commercial (10) Census Tract:.00 Land Information Seawall: Frontage: None View: Land Use Land Size Unit Value Units Method Vacant Commercial(10) 175,000.00 2.20 A http://www.pcpao.org/general_vadet.php?pn=1529035554800000910 7/2/2009 Property Appraiser General Indnation: 03/29/15/55548/000/0091 Car Page 2 of 2 Vacant Extra Features_ Description Dimensions Value/[Jnit Units Total NewValue Depreciated Value Year No Extra Features on Record Radius 1311 erials: 2007 Color ransparency: 0.5 Update Map f ( eet): If you do not see a m~ the_ SVG viewer has not been installed. Click here for_information and installation._ How to copy and paste a static map using Internet Explorer: Right-click on the map; Select "Copy SVG"; Open a Word document; Select "Paste Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Morilla Firefox: Right-click on the map; Select "This Frame"; Select "Open (+ran1C in ~~~~~ 41'in~l~»~"_ Print fi~uitii th~~ nc~i° evindo~~~. 4• ., ,t F ~ y~., M~ ~ ~ ~ r r' ` ~ ~ ' ~~~ . _ ~~` ~ T~, , ' r~~~~~~~~ ~ ~~ ~` Y . ~P'.. 1. ~ y`~++ ~ • ~ „~ ~„y~ ,i ~' " ~ ~~ ' ~f r ~ + , ~ ~~ ~ ~ ~~ 1 JJ7 ... = . _ n - C. ~ • j1 . ~ ' ( ' ~ ~ r. ,. ~ ~ ~~~~ ~ ~ rr ~ ~ ~ i ~ ~ ~ \IA ` ~ ~ • If~i~i - ~ "' S ~ j1 ~ ~~~rt 7~ . 'ir .- ~ I~ree~•~ i ~ A - ~ ~ r~ T, • ~,~f~ F~ ~ ~ ~ ~ 7,77?dlr~~rt~, - " t i~"'~ i/ ~ ~ -' ~" ~ .~ t ~ F ~ C 1 y ~ ~ ~~ p ~ K '~1 ~__"_~ ~ ~ ~ f~, S ~ ~ ~~ t~ ~,~ ~ ~~ K ~~. '~:,,,~.~i Off" ~ ~,.~. ~~ ,~ ` T r Interactive Map_of this Back to Search New Tax Collector parcel Results Search Information http://www.pcpao.org/general_vadet.php?pn=1529035554800000910 Question/Comment about this_ pale 7/2/2009 i:l ~~ t ~A ~ .. ~~ ~ , 68O~3~~J~ ,: o.~. 2~~o Pace 4~ z •~ ~" ~~ X11 ~ a 1 Aas ~7,-- ;;;* FOR AND IN CONSIDERATION of the sum of One Dollar ($1. 00} cash in hand paid to it, the receipt of which is hereb}r acknowledged, and the benefits to be derived therefrom, SUNSET POINT BAPTIST CHURCH OF CLEARWATER, FLORIDA, INC. , anon-profit corporation, does hereby grant and convey to the CITY OF CLEAR WATER, FLORIDA, a.n easement over, under and across. the following described :land, lying a.nd ~ ~ being situate in the County of Pinellas, State of Florida, to wit: '~, ~, ~ A drainage easement over Lots 9, 19 and 20, E. A. Marshall?s ~~~r ,~„ ~ Sub. in NE-1/4 of Section 3, Township 29 South, Range 15 ~ `' o ~ E.ast as recorded in Plat Book 3; page 44 of Public Records ~ >, L1 c~ a~~ ~ of Pinellas County, Florida 25 feet each side of following ,~~.v `~ .~ described line: Start .a.t a point 30, 00 feet West .of NE ~ ~`' o corner of said Lot 9 and run S 00°16'06" E, .205 feet to ~j.a~i ~+ a poirit'in ditch for a point of beginning; thence 5 52°29' W, :~ ~'" > ~ 270 feet.; thence S 34°14'21'' W, a distance of 104. 21 feet, i~ t; ~ ~ to a point 25 feet East of West line of said Lot 9;. thence n ~: G r. .~ E, U ~ 5 0° 14'58" E parallel to and 25 feet East of said West line w-, -°~ of Lot 9, a distance of 215 feet to. a point 25 feet East of NW ' W d Ca. corno r of Lot 20 of said E. A. Marshoall's Sub. ;thence c-+•W..U S 53 15' W, 140.00 feet; thence S 66 30'32!' W, a distance .~ of 150. 88 feet; thence 5 78°16' W, i05 feet to a point.on the. West line of Lot 19 that is. S 0°13'49" E, 170 feet from ~ ~.ro NW corner of Lot 19 in said E. A. Nla~shall's Sub. ~ O °~' n ~ ~7 - ~ ~-; _ ~~ `D bOCtJh°IENTA2Y .~-;t~.STAr~1P 7AX_ j ~ ~ '~ :_-; ~ !! W~ - - CO7hPTFOIIFR ~~ ~;~~`~ ~ t,:l -: `- v ~ ~ ~ ~. 3 i.I ,I 4" o _ P.B. - QC13D'69 ~~~ ~ ~ -. ~s:. ~~s 4 o `~~~ °- C.'T7 ~ jD GJO dra`ra~e This easement being foreinstallation and ,maintenance.. The CITY OF CLEARWA`TER, FLORIDA,. shall have the right to enter upon the above described premises and to. construct, ins-tall and mainfiain thereon any utility lines and to inspect and alter such utility lines from time to time. IN WITNESS WIiEREOF, the party hereto has caused these presents to be duly executed by its proper .officers thereunto authorized and its seal to be. hereunto affixed, this ~~,~, day of October ~ 19 68' Signed, sealed and delivered . in the presence of: ~,~ " -~ ~' . . G _. s~ ~" ;,., ~ .. - "r~. ~. ~ •? 1 ~ ~ J ;' . . ,~; ~ . ;: S ....., .. ~t',t`` SUNSET POINT BAPTIST CHURCH: OF C EAR ATER, L RIDA, INC. By ,. Its. President ~,. ~•~: Attest: ~ s G'/• ,• .c~:~~_ ~~ Its ' retary • , . a`~~ ' 7` . . .i N N ,.•~-~; DOCllMENT~RY ~Z M ~ ~.~ FLO.R1 A ~~~ r~X `0 ~ M '''for r:~~ n ' ac., ~: ~ OC1.30'G8 ~ 'U .Q. ~ ~ I. P. B: I . o Ib825 ~ ~} .` Y:~, OR®INANCE NO. 8116-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF KINGS HIGHWAY APPROXIMATELY 112 FEET SOUTH OF WOODLAWN TERRACE, CONSISTING OF A PORTION OF THE FLORIDA POWER CORPORATION EASEMENT, A PORTION OF THE DRAINAGE EASEMENT AND A PORTION OF LOT 9, LESS THE EAST THIRTY FEET IN E.A. MARSHALL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1980 KINGS HIGHWAY, FROM RESIDENTIAL MEDIUM (RM) TO TRANSPORATION UTILITY OVERLAY AND DRAINAGE FEATURE OVERLAY WITH EXISTING RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Proaerty See attached legal description LUZ2009-07002 Land Use Category From: Residential Medium (RM) To: Transportation Utility Overlay and Drainage Feature Overlay with Existing Residential Medium Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING November 17, 2009 Ordinance No. 8116-09 r PASSED ON SECOND AND FINAL READING AND ADOPTED App oved as to form: Leslie K. Dou a ides Assistant City A mey u December 3, 2009 ~~~ ~ Frank V. Hibbard Mayor Cy 2 E. Goudeau ~i \~ A \~ '~+ ~ ~r ~ f i ~ ~~~~~ ~e~ .•G T Ordinance No. 8116-09 ' ~ • THAT PORTION OF THE FLORIDA POWER CORPORATION EASEMENT AS RECORDED IN DEED BOOK 1614 PAGE 87 AND THAT PORTION OF THE DRAINAGE EASEMENT AS RECORDED IN O.R. BOOK 2940, PAGE 48 THAT LIES WITHIN THE FOLLOWING DESCRIBED TRACT. A PORTION OF LOT 9, LESS THE EAST 30 FEET THEREOF, E.A. MARSHALL SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; RUN NORTH 89°15'17" WEST ALONG THE NORTH LINE OF SAID LOT 9; 30.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00°16'06" EAST BEING 30' WEST AND PARALLEL TO THE EAST LINE OF LOT 9, 205.00 FEET: THENCE SOUTH 52°29'00" WEST, 375.75 FEET TO THE WEST LINE OF LOT 9; THENCE NORTH 00°15'36" WEST, ALONG SAID WEST LINE OF LOT 9, 437.72 FEET TO THE NORTHWEST CORNER OF LOT 9, THENCE SOUTH 89°15'17" EAST, ALONG THE NORTH LINE OF SAID LOT 9, 299.09 FEET TO THE POINT OF BEGINNING. CONTAINING 2.2 ACRES MOL _.. _ __ ._ RH L- ALP/NE RD WOODLAWN TER a 0 a RH RL 2~7 2003 1999 1988 1993 of 1984 a 1985 1978 1981 1977 1973 1974 1872 1989 1970 1985 1986 1964 1961 82 1957 1958 1956 1954 1953 1952 1950 1999 1980 RU RM 1965 0 v BYRAM DR T/U rn\ ~ I Drainage - Feature overlay 1 z Y ~~v '~~ RH A 0 a v 1956 1949 1850 1943 1944 1937 1938 FUTURE LAND USE MAP 1949 Q m 1943 m 1937 N v Owners: Clearwater Village LLC Case: LUZ2009-07002 Site: A portion of 1980 Kings Highway Property Size(Acres): 2 21 Land Use Zoning RM MDR PIN: 03-29-15-55548-000-0091 From Transportation Utility Overla MDR y To: And Drainage Feature Overla with existin RM Atlas Page: 251 B S:\Planning Department\C D BU.and Use AmendmentsU.U7.2009U.UZ2009-07002 -1980 Kings highway -City of Clearw'ater\Maps\LUZ2009-07002 FUTURE LAND USE MAP.doc ORDINANCE N0. 8116-09 .a ,+' i~AtM~ l v ,.~I~ a .~ ~_ c -9,~~ATEA~~`~~ SUBJECT/RECOMMENDATION: • Clearwater City Council Agenda Cover Memorandum V~session Item #: Final Agenda Item # Meeting Date: 11-17-09 APPROVE a Future Land Use Plan Amendment from the Residential Medium (RM) Classification to the Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) Classification for a portion of the property located at 1980 Kings Highway (consisting of a portion of the Florida Power Corporation easement, a portion of the drainage easement and a portion of lot 9, less the east thirty feet in E.A. Marshall subdivision), and PASS Ordinance #8116-09 on first reading. (LUZ2009-07002) ® and that the appropriate officials be authorized to execute same. SUMMARY: This future land use plan (FLUP) amendment application is related to a previous land use and zoning amendment known as 1980 Kings Highway (LUZ2006-08004), which was. requested by the previous owner, New Zion Missionary Baptist Church. The request was to change from the Institutional (INS) land use category to the Residential High (RH) category and to change the zoning from the Institutional (I) District to High Density Residential (HDR) District. The request was not approved as proposed, but a change to the Residential Medium (RM) future land use plan category and Medium Density Residential (MDR) zoning designation was granted. The Pinellas Planning Council recommended approval of the change, with the condition that the Transportation/Utility Overlay and Drainage Feature Overlay categories be added to the southern portion of the property to reflect the existing utility (Progress Energy) and drainage (City) easements. The Board of County Commissioners acting as the Countywide Planning Authority approved this recommendation on March 13, 2007. At the time of approval, the City's Comprehensive Plan did not include the two overlays; therefore, a Comprehensive Plan amendment was necessary in order for the condition to be met. The amendment which added the two overlays was part of the Evaluation and Appraisal Report-based amendments to the Comprehensive Plan which were adopted by the City Council in December, 2008 and approved by the Department of Community Affairs in February, 2009. The current amendment involves the southerly portion of the property, comprising approximately 0.65 acres in area. This amendment is to add the Transportation/Utility Overlay and Drainage Feature Overlay, along with the existing Residential Medium (RM) classification in order to meet the condition of the previous future land use plan amendment as described above. The Planning Department has determined that the proposed future land use plan amendment, as recommended, is consistent with the following standards specified in the Community Development Code: • The proposed land use plan amendment is consistent with the Comprehensive Plan, and the Countywide Plan Rules • The proposed use is compatible with the surrounding area.: Reviewed by: Originating Dept.: Costs Legal ~ Info Srvc N/A PLANNING DEPARTMENT Total Cate Lee Budget N/A Public Works N/A User Dept.: Funding Source: Purchasing NIA DCM/ACM Planning Current FY CI Risk Mgmt N/A Other Attachments: Ordinance No. OP 8116-09 STAFF REPORTS Other Submitted by: Appropriation Code: Ci Mana er ^ None :~ ~' .~ M • Sufficient public facilities are available to serve the property. • The application will not have an adverse impact on the natural environment. Please refer to the attached land use plan amendment (LUZ2009-07002) staff report for the complete analysis. In accordance with the Countywide Plan Rules, this future land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed this application at its public hearing on October 20, 2009 and unanimously recommended approval of the Future Land Use Plan amendment. S. (Planning DepartmentlC D BlLand Use AmendmentslLUZ 20091LUZ2009-07002 - 1980 Kings Highway -City of ClearwaterlLUZ2009-07002 CC Cover Memo.doc Comprehensive Plan Citizen Courtesy Information List Local Planning Agency: City of Clearwater Hearing Date: October 20, 2009 Type Hearing: Transmittal (Proposed): LUZ2009-07002; A portion of 1980 Kings Highway DCA Amendment Number: (DCAOfficial Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. Citizen Name Address, City, State, Check Appropriate Box Identify Amendment Over for more spaces CDB Meeting Date: October 20, 2009 Case Number: LUZ2009-07002 Owner/Applicant: Clearwater Village LLC/City of Clearwater Address: A Portion of 1980 Kings Hig_hway Agenda Item: EES CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: Future land use plan amendment from the Residential Medium (RM) Classification to the Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) Classification. SITE INFORMATION PROPERTY SIZE: 96,268 square feet or 2.21 acres PORTION OF PROPERTY SUBJECT TO AMENDMENT: Transportation/Utility Overlay: 26,136 square feet or 0.60 acres mol Drainage Feature Overlay: 7,840 square feet or 0.18 acres mol Combined Transportation/Utility Overlay and Drainage Feature Overlay, a portion of which is included in both: 28,314 square feet or 0.65 acres mol PROPERTY USE: Current Use: Vacant Proposed Use: Vacant PLAN CATEGORY: Current Category: Residential Medium (RM) Proposed Category: Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) ZONING DISTRICT: Current District: Medium Density Residential (MDR) Proposed District: Medium Density Residential (MDR) Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 1 of 7 S:U'lanning Department\C D B\I,and Use Amendments\L,UZ 2009\I,UZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report doc • EXISTING North: Vacant Residential, and Multi Family Residential SURROUNDING USES: West: Multi Family Residential South: Place of Worship East: Multi Family Residential, Single Family Residential, and Vacant ANALYSIS: This future land use plan (FLUP) amendment application is related to a previous land use and zoning amendment known as 1980 Kings Highway (LUZ2006-08004), which was requested by the previous owner, New Zion Missionary Baptist Church. The request was to change from the Institutional (INS) land use category to the Residential High (RH) category and to change the zoning from the Institutional (I) District to High Density Residential (HDR} District. The request was not approved as proposed, but a change to the Residential Medium (RM) future land use plan category and Medium Density Residential (MDR) zoning designation was granted. The Pinellas Planning Council recommended approval of the change, with the condition that the Transportation/Utility Overlay and Drainage Feature Overlay categories be added to the southern portion of the property to reflect the existing utility (Progress Energy) and drainage (City) easements. The Board of County Commissioners acting as the Countywide Planning Authority approved this recommendation on March 13, 2007. At the time of approval, the City's Comprehensive Plan did not include the two overlays; therefore, a Comprehensive Plan amendment was necessary in order for the condition to be met. The amendment which added the two overlays was part of the Evaluation and Appraisal Report-based Comprehensive Plan amendments to the Comprehensive Plan which were adopted by the City Council in December, 2008 and approved by the Department of Community Affairs in February, 2009. The current amendment involves the southerly portion of the property, comprising approximately 0.65 acres in area. This amendment is to add the Transportation/Utility Overlay and Drainage Feature Overlay, along with the existing Residential Medium (RM) classification in order to meet the condition of the previous future land use plan amendment as described above. In accordance with the Countywide Plan Rules, this future land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN (Section 4- 603.F.1 and 2] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 2 of 7 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009U.UZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report.doc • A.1.1 Objective - On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. A.2.2.8Policy -All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and Iocational characteristics, map delineation, other standards, and special rules. F.1.2 Objective -The City shall continue to protect floodplains, drainage ways, and all other natural areas having functional hydrological characteristics. Recommended Conclusions of Law The Drainage Feature Overlay designation allows for the protection of a natural resource, thereby meeting Objective A.1.1. In addition, these amendments are consistent with Iocational characteristics, map delineation and special rules per Policy A.2.2.8. In particular, the Transportation/Utility Overlay designation recognizes a significant powerline easement consistent with the criteria in Policy A.2.2.8. Also, in accordance with Objective F.1.2 this amendment provides additional protection of a functional hydrological characteristic through the proposed Drainage Feature designation. II. CONSISTENCY WITH COUNTYWIDE PLAN RULES Recommended Findings of Fact The purpose of the proposed Drainage Feature Overlay special designation, as specified in Section 2.3.3.9.1 of the Countywide Rules, is to depict those water bodies and drainage features, now committed to, or proposed to be recognized for, these respective functions based on their physical characteristics and use. The purpose of the proposed Transportation/Utility designation, as specified in Section 2.3.3.7.4 of the Countywide Rules, is to depict those areas of the county that are now used, or appropriate to be used, for transport and public/private utility services. Other standards given in Section 2.3.3.7.4 of the Countywide Rules, state that where a utility transmission line otherwise included in the Transportation/Utility category is located in an easement as distinct from aright-of--way, the category shall be shown as an overlay, superimposed over, and applicable in addition to, the otherwise applicable underlying category. This amendment ensures that this condition is met. The requested Drainage Feature Overlay is appropriate due to the location of the existing drainage easement. The requested Transportation/Utility Overlay is appropriate due to the fact that utility transmission line is in an easement distinct from aright-of--way. The use of the parcel Community Development Boazd -October 20, 2009 -Case LUZ2009-07002 -Page 3 of 7 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report.doc • is consistent with the purpose of the Drainage Feature Overlay special designation and Transportation/Utility Overlay category. Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan; therefore, the proposed amendment is consistent with the Countywide PIan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-603.F.3] Recommended Findings of Fact The subject property is located on the west side of Kings Highway, between Woodlawn Terrace and Sunset Point Road. The character of the neighborhood is primarily residential, although there are also church and water/drainage feature uses in the area. To the north is multi-family residential with future land use plan classifications of Residential High (RH) and Residential Medium (RM) as well as High Density Residential (HDR) and Medium Density Residential (MDR) zoning designations. The Residential High (RH} classification permits 30 dwelling units per acre and the Residential Medium (RM) classification permits 15 dwelling units per acre. The High Density Residential (HDR} and Medium Density Residential (MDR) designations primarily permit residential uses. To the south is a church with a future land use plan classification of Institutional (I) and an Institutional (I) zoning designation. The Institutional (I) classification permits 12.5 dwelling units per acre and a floor area ratio of 0.65. The Institutional (I) zoning designation primarily permits hospitals, nursing homes, schools and places of worship. To the east are single family residential and retention pond uses with future land use plan classifications of Residential Urban (RU), Water/Drainage Feature, and Preservation (P) and a Low Medium Density Residential (LMDR) zoning designation. The Residential Urban (RU) classification permits 7.5 dwelling units per acre, the Water/Drainage Feature classification permits no density, and the Preservation (P) classification permits no density and a floor area ratio of 0.10. The Low Medium Density Residential (LMDR) zoning designation primarily permits residential uses. To the west is amulti-family use with a future land use plan classification of Residential Low Medium (RLM) and a Medium Density Residential (MDR} zoning designation. The Medium Density Residential (MDR) designation permits 10 dwelling units per acre and primarily permits residential uses. The Transportation/Utility (T/U) Overlay and the Drainage Feature Overlay are located on the southern portion of the property known as 1980 Kings Highway and are described so as to be congruent with the Progress Energy utility easement and with the City drainage easement as recorded. Therefore, the overlays as proposed are appropriately located. This request is Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 4 of 7 S:U'lanning Department\C D BU.and Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Reportdoc • compatible with the surrounding area and will not unreasonably affect the use of the property in the area. Recommended Conclusions of Law The proposed future land use plan classification and zoning designation are in character with the overall future land use plan categories in the area. The amendment is compatible with surrounding uses and is consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-643.F.4] Recommended Findings of Fact The overall site is 2.21 acres and undeveloped, while the portion subject to this amendment is approximately 0.65 acres (28,314 square feet) in area and is undeveloped vacant land. The Residential Medium (RM) future land use designation permits 15 dwelling units per acre for residential uses. The proposed TransportationlUtility (T/t1) Overlay and the Drainage Feature Overlay classifications da not alter the allowable densities. Along with the current easements, the proposed overlays preclude development within the designated areas. The current Medium Density Residential (MDR) zoning designation primarily permits residential use. No zoning change is proposed. Recommended Conclusions of Law Based upon the findings of fact, it has been determined no additional traffic will be generated by this plan amendment therefore there will be no degradation of the existing LOS to the adjacent roads beyond the requirements of the City's Comprehensive Plan. Further, there will be no impact to water, wastewater, and solid waste service since there is no change in use or increase in development potential. Should the parcel be developed, it will be subject at that time to public facility concurrency requirements and open space and recreation facilities impact fees. Mass transit will not be affected by the proposed future land use overlay designations. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact This property is currently vacant. The portion of the property subject to the proposed Drainage Feature Overlay designation is an integral part of the City's Spring Branch Conveyance Enhancements Project. This drainage easement connects the upstream water flow to the planned retention pond to the south, allowing for improved flood prevention up and down stream and improved water quality downstream. The proposed Drainage Feature Overlay is an integral part in improving flood prevention and water quality in the Stevenson Creek Watershed. Community Development Boazd -October 20, 2009 -Case LUZ2009-07002 -Page 5 of 7 S:\Planning Depaztment\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report. doc • Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject site. The intent of applying the two overlay designations is to recognize the two easements that exist on the property. The site is currently undeveloped. Any development would require compliance with the City's tree preservation and storm water management requirements. SUMMARY AND RECOMMENDATIONS An amendment of the future land use plan from the Residential Medium (RM) classification to the Transportation/LJtility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) classification for the subject site is requested. The proposed site is undeveloped. The request will meet the condition of the Pinellas Planning Council that the Transportation/LTtility (T/IJ) Overlay and Drainage Feature Overlay designations be added to the portion of the property known as 1980 Kings Highway which contains the Progress Energy utility easement and the City drainage easement. Residential uses primarily characterize the surrounding area, although a place of worship is the use of one of the adjoining parcels. The proposed future land use plan amendment is compatible with the existing area. The proposed Transportation/Utility (T/U) Overlay and Drainage Feature Overlay with existing Residential Medium (RM) future land use plan designations more closely reflect the actual use of the parcel, since they contain existing utility and drainage easements. In addition, these designations are consistent with the City and the Countywide Comprehensive Plans, Countywide Plan Rules, are compatible with the surrounding area, do not degrade public services below acceptable levels, are compatible with the natural environment and are consistent with the development regulations of the City. Approval of this land use plan amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Based on the above analysis, the Planning Department recommends the following actions on the request: ACTION: Recommend APPROVAL of the future land use plan amendment from the Residential Medium (RM) Classification to the Transportation Utility Overlay and Drainage Feature Overlay with existing Residential Mediu (RM) Classifications; Prepared by Planning Department staff: Cate Lee, Planner II Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 6 of 7 S:\Planning Department\C D B\I,and Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff ReporLdoc Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Future Land Use Plan Map Zoning Map Existing Surrounding Use Map Site Photographs Community Development Board -October 20, 2009 -Case LUZ2009-07002 -Page 7 of 7 S:\Planning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\LUZ2009-07002 Staff Report.doc • .~, -~vrn~' iiMfr:.ir:~~.+t.ar.nf%h~::vrv~.w.r~.rt.~.~..~. r.. .•iii: a ~. - '. xa,- .~I Q' ~ W . ~.. ~ ~~ ~~ y ~.:.•.': Bowmore R= z -: ~.:• ~„~ :,•..,: ~ - '~'' PROJECT = ~ ¢ Rfd9~ ~ a - ~ CUMBERLAND W ~ ; • SITE RD ~ a r,.,. _ HUNTINGTON =~•:r~ ..:E.~::. ~':.tVt:c~~~~~~..•,.ih:.`.:~~ DR BXR~ SO : :\ ~ G4- . ::.:::::.::.:..: RD o ~! n ~ K RUSE -+- O r--~ps..,., ~; i ~:;'• ~ ~ O : :;;~ : . (7 ~ Q LL Him land a .... ~ WILSON RD ~ ap ~<~";~''~ ~:;;~~:~•.': ~": ..: ~::.~ ::.::.::.. ..: ~::.•:, ERIN LA i = SU NSET POINT RD / rrr. , ' ': SPRING LA F`"`: ,:~ ~' ` ::: •:-'~ o'~ •- is::. a Q j,..',S~TH ~ T4iAMES ~ LA p ~. J .~ ~ • m ¢ ~ o JOEL LA •r ! ~ %: = • w ~ a U BENTLEY LOCATION MAP Clearwater Village LLC Owners: Case: LUZ2009-07002 Property Site: A portion of 1980 Kings Highw ay 0.65 Size(Acres): Land Use Zoning R M MDR PIN : 03-29-15-55548-000-0091 From T rt ti ti t ranspo on U y Overlay a li MDR To: And Drainage Feature Atlas Page: 251 B Overla with existin RM S:\Planning Departrnent\C D B\I,and Use AmendmentsU,UZ 2009\LUZ2009-07002 - 1980 Kings Highway - City of Clearwater\MapsU.UZ2009-07002 LOCATION MAP.doc • ~ - ~ ~ ~ +~C. ~!~ ~ µ ~ c~~~+~ ~?;i~,~ ~ ~• ter. f ~ ~ i.,~ 1 ~ BOO ...JXXc•" - "-~ `" ~}Ls - C`:'n,1, ~i.'." ~ ' 'i'l'lJ~? ~ '~l'I'l~' 1'Ll~ ~, ~. ~- -~Q~' r - .. \f ~~y~ 1' ~~ - ~ 1 . ~ `i ` t 4~ ~"^~.~f~.i.~' may. ., :~. ~ ~ .~ •~/Y~ • - M~ , ~~',, mow--.. ~~. : ~J~1 1• a(' ~ 1 ~ ~ rt+ ~1.. '~ ~ ~~. ~ ~' ~ ' ~~ ~ d, lr~ . ; . ..t~ ,~, ~~ J., v ~+~ - ~ ~ ' ir ,~ ~!{ ,~ , , , . + , . , r~ry ~ k ' s ~h _ ,~ x ' J ~ ' t ~.~ l `~L'l: , ~ f i~ ~i1 A. r ~. '9~r ~/ ~JF ~-~ `7. 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AERIAL PHOTOGRAPH Owners: Clearwater Village LLC Case: LUZ2009-07002 Site: A portion of 1980 Kings Highway Property 0.65 Size(Acres): Land Use Zoning R M MDR PIN : 03-29-15-55548-000-0091 From T rt ti tilit O l ranspo a on U y ver ay MDR To: And Drainage Feature Atlas Pace: ~~ I R Overla with existinc RM S:\Planning Department\C D Q\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\Maps\LU7,2009-07002 AERIAI, PHOTOGRAPH.doc • • RH L- ALPINE RD WOODLAWN TER o RH p0o RL 2007 2003 1999 1988 1993 a 1984 a 1985 1976 1981 1977 1973 1974 1972 1969 lsss 1970 1968 1964 1961 62 1957 1956 1954 1953 1952 1950 1999 1980 RU RM 1965 0 a BYRAM DR u~ ~o RH N ^ ~U m` ~ I Drainage - Feature Overlay 1 y C7 2 Y A 0 a 1956 1949 1950 1943 1944 1937 1938 FUTURE LAND USE MAP ~ 1949 Q m 1943 Q m 1937 N a Clearwater Village LLC Owners: Case: LUZ2009-07002 Site: A portion of 1980 Kings Highway Property 0.65 Size(Acres): Land Use Zoning RM MDR PIN: 03-29-15-55548-000-0091 From: T ransportation Utility Overlay MDR To: And Drainage Feature Atlas Page: 251 B Overla with existin RM S:\Planning Departrnent\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\Maps\LUZ2009-07002 FUTURE LAND USE MAP.doc • • ~. ALPINE RD `~ ~o~ < z MDR ODLAWN TER a 2000 0 1999 N 2007 7 1980 MDR l 2003 1999 1965 1993 q m 1985 ~,SEN` 1981 W~~CpRP. p0 P ` 1x77 FLpR\p w 1973 0 ~ N ~ 4 vo °v- ,989 72 lses 0 BYRAM DR 68 v ~ 1961 v 1956 1956 1950 1957 W 1949 1949 1950 Q 1944 Q 1943 1953 ~' I 1943 1944 m 1938 1937 1938 1937 1931 1932 1931 1932 ZONING MAP Owners: Clearwater Village LLC Case: LUZ2009-07002 Site: A portion of 1980 Kings Highway Property Size(Acres): 0.65 Land Use Zoning RM MDR PIN: 03-29-15-55548-000-0091 From T rt ti tilit l ranspo on U y Over a ay MDR To: And Drainage Feature Atlas Page: 251 B Overla with existin RM S:\Planning Department\C D B\I,and Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway -City of Clearwater\Maps\LUZ2009-07002 ZONING MAP.doc • LJ - - - 1VI~Ilti I 13 I I 9 10 11 12 ~~~~ R~id~ntial o ALPINE RD ~ y so 1 z 0 o~ WOODLAWN TER ~ Mult>~ Fam y Residential Va an Re id ti 1 1 ~ 00683 J ~ 30160 7 000 I~y1 ~ gg 1 2 3 4 5 6 CSIdCRtI 1 R "H" 1999 ~ 0 ' Q Vaunt ` 1980 2003 14 198501 ,F~9 o 199$] 1 82 83 ~ 5 ~ ~` ~ 1 EM s E FA sa ~1 S e P PpW~RGOR pF~\~P 88 87 86 85 O $ > m F~ w 197321 g Sing e~Fa ilk si n '°' a A 4889 22 72 60 0 188923 BYRAM DR GA tO 1 88 TR "F" g N `r ~ 66 60 84 196124 c ~ 51 52 65 1958 1956 i1 y ~ ~`1~50 1957 U ~ 1949 50 1950 53 ' j ~ v, 25 Church y ~ ~ Q 1944 Z L ~ C 1943 63 ~ 1953 Y 49 ~ r 26 1943 1944 m 1938 J - - - - - _ - - _ _ 1937 1938 Q m 1937 62 69 48 55 1931 1932 1931 61 1932 70 EXISTING SURROUNDING USES MAP Owners: Clearwater Village LLC Case: LUZ2009-07002 Site: A portion of 1980 Kings Highway Property Size (Acres) 0.65 Land Use Zoning RM MDR PIN: 03-29-15-55548-000-0091 From T rt ti Utilit O l ranspo a on y ver ay MDR To: And Drainage Feature Atlas Page: 2516 Overla with existin RM S:\Planning Department\C D B\Land Use Amendments\LUZ 2009U.UZ2009-07002 - 1980 Kings Highway -City of Clearwater\MapsU.UZ2009-07002 EXISTING SURROUNDING USES MAP.doc -~~~;~~, „~.,~, , ~ ~:'~c ;. ., s„a~_: View looking cast from the subject parcel View looking north along Kings Highway View looking south along Kings Highway LUZ2009-07002 r: Clearwater Village, LLC A Portion of 1980 Kings Highway View looking north from the subject property View looking south ti•om the subject property A" Land Use Plan Amendment Map Request Planner Name: Cate Lee Case Number: LUZ2009-07002 Date Requested: July 30, 2009 Date Requested for: August 12, 2009 Maps Requested ® Location Map ® Aerial Map ® Future Land Use Map ® Zoning Map ® Existing Surrounding Uses Map ® 2" x 2" Location Map (for Newspaper) Required Documents to be submitted to Engineering ® Legal Description ~~ `P ~ ~ °~ ® Survey ® Map with Proposed Site Highlighted IN ADDITION TO THE REQUESTED MAPS, PLEASE PROVIDE VERIFICATION THAT THE LEGAL DESCRIPTION WE HAVE PROVIDED IS CORRECT ND ACCURATE. Thomas Mahony, PSM,Geographic Technology Manager D Map Name Clearwater Village LLC Owners: ~ Case: ~ LUZ2009-07002 Site: 1980 Kings Highway Property Size(Acres): Land Use Zoning , RM MDR PIN: ~ 03-29-15-55548-000-0091 From Transportation Utility Overlay MDR ; To: And Water Drainage Feature Atlas Page: 251 B Overla with existin RM C:\Documents and Settings\catherine.lee\I,ocal Settings\Temporary Internet Files\Content.Outlook\80116WMA\LUZ2009-07002 Map Request Form.doc .r Tom Mahony is working on creating~the legal description, based on the Progress Energy easement and the drainage easement. So, I didn't enter a property size above. C:\Documents and Settings\catherine.lee\I,ocal Settings\Temporary Internet Files\Content.Outlook\8O116WMA\LUZ2009-07002 Map Request Form.doc ~r ~~ THAT PORTION OF THE FLORIDA POWER CORPORATION EASEMENT AS RECORDED IN DEED BOOK 1614, PAGE 87 AND THAT PORTION OF THE DRAINAGE EASEMENT AS RECORDED IN O.R. BOOK 2940, PAGE 48 THAT LIES WITHIN THE FOLLOWING DESCRIBED TRACT. A PORTION OF LOT 9, LESS THE EAST 30 FEET THEREOF, E.A. MARSHALL SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; RUN NORTH 89°15'17" WEST ALONG THE NORTH LINE OF SAID LOT 9; 30.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00°16'06" EAST BEING 30' WEST AND PARALLEL TO THE EAST LINE OF LOT 9, 205.00 FEET: THENCE SOUTH 52°29'00" WEST, 375.75 FEET TO THE WEST LINE OF LOT 9; THENCE NORTH 00°15'36" WEST, ALONG SAID WEST LINE OF LOT 9, 437.72 FEET TO THE NORTHWEST CORNER OF LOT 9, THENCE SOUTH 89°15'17" EAST, ALONG THE NORTH LINE OF SAID LOT 9, 299.09 FEET TO THE POINT OF BEGINNING. CONTAINING 2.2 ACRES MOL ~r (? '' ". ,x ~M ~. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G. PELHAM Governor December 28 9 ~~~ ~~ DEC ~ ~] 2009 ~ ~, '-~ Mr. Michael L. Delk, AICP ~--~ ~_ _._._.._~~ Director, Planning Department i pt n.NNll•; ~ ~ C;='~r^ C'G„;.'FNT City of Clearwater °aa ~ ,= n Post Office Box 4748 ~~~~,- ,, ;~._ ~',~~ _ _-- -- Clearwater, Florida 33758-4748 RE: Acknowledgement Letter for the City of Clearwater Small Scale Amendment, Ordinance No. 8116-09, Case No. LUZ2009-07002; DCA No. 09S01 Dear Mr. Delk: Thank you for submitting copies of the City of Clearwater Small Scale Development Plan Amendment, adopted by Ordinance No. 8116-09 on December 18, 2009, for our records. The reference number for this amendment package is DCA No. 09501. In the future please include the following: • Per Rule 9J-11.015(1), Florida Administrative Code (F.A.C.), be sure your cover letter includes all the required statements as outlined in the enclosed form 9J-11 Transmittal Requirements for the Submission of Adopted Small-Scale Comprehensive Plan Amendments (April 2006). The Department uses this form when reviewing small scale amendments. A copy of the form used for your review is enclosed as well as a copy of Rule 9J--11.01 S Submittal Requirements for Adopted Amendments that Are Exempt from State and Regional Review. Please note, statements three through eight were not included in your cover letter. • A copy of the published public hearing notice the newspaper sends attached to the affidavit of adoption hearing (Rule 9J-11.OI5(1)(b)3, F.A.C.). The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3187(3)(a), Florida Statutes. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850-488-8466 (p) • 850-921-0781 (f) • Website: ~NVV~N.dca.star.e.fl.us • COMMUNITY PLANNING 850-488-2356 (p) F3,5p~,g8_33pg (f) • FLORIDA COMMUNITIES TRUST 850-922-2207 (p) A50-921-7747 (1? • MOUSING ANO COMMUNITY DEVELOPMENT 850-488-i956 (p) 850_g22_;f32g (f) • • tilr. Michael L. De.Ik. AICP December 28, 2009 Page If you have any questions, please contact me for the DRI and Plan Processing Section at (850) 92?-1767. Sincerely, ~~ D. Ray Eubanks Plan Review and Processing Administrator DRE\jm cc: Cate Lee, Planner II, City of Clearwater Planning Department Mr. Manny L. Pumariega, Executive Director, Tampa Bay Regional Planning Council Ms. Jessica Lundsford, Principal Planner, Tampa Bay .Regional Planning Council ! • 9J-11 TRANSMITTAL REQUIREMENTS FOR THE SUBMISSION OF ADOPTED SMALL- SCALE COMPREHENSIVE PLAN AMENDMENTS APRIL 2006 NUMBER OF COPIES TO BE SUBMITTED: Please submit within ten working days after adoption, one copy of all plan amendment materials, which may be on CD ROM in Portable Document Format (PDF); including graphic and textual materials and support documents directly to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team and one copy each to the appropriate Regional Planning Council and any other local government or governmental agency in the state of Florida that has filed a written request with the local government. ' SUBMITTAL LETTER REGIUIREMENTS: Please include the following information in the iransmittai cover letter transmitting the adopted small-scale amendment (SJ-19.015(1 }, F.A.C.): 1. A statement indicating that the local government is submitting the adopted small-scale amendment ih accordance with Section 163.3187(1)(c), F.S.; 2. A statement identifying the number of acres of the small-scale amendment; 3. A statement identifying the cumulative total number of acres for small-scale amendments the local government has approved for the calendar year; 4. A statement identifying whether the amendment involves the same property that was granted another change within the prior 12 months; 5. A statement identifying whether the amendment involves the same owner's property within 200 feet that was granted a change with the prior 12 months; 6. A statement identifying whether the proposed amendment involves a text change; 7. A statement identifying whether the amendment is within an area of critical state concern; 8. A statement indicating the residential land use density laefore and after the adopted change if the land use change contained a residential land use category; 9. A statement indicating that the amendment has been submitted to the appropriate Regional Planning Council, the Office of Tourism, Trade and Economic Development (if amendment is being adopted pursuant to Section 163.3187(1)(c)4, F.S.) and any other local government or governmental agency in the state of Florida that has filed a written request with the local government; and 10. The name, title, address, telephone and fax number of the local contact person. OVER • . ADOPTION: The amendment package must include the following (see 9J-i 1.015(1), (2), F.S.): 1. One copy of the executed ordinance(s) adopting the small-scale development amendment (Rule 9J-11.015(1)(b)2, F.A.C.); 2. A Future Land Use Map depicting the newly adopted designation and boundaries and location of the subject property in relationship to the surrounding street and thoroughfare network (Rule 9J-11.015(1)(b)1, F.A.C.); 3. Copy of the public hearing notice of adoption hearing (Rule 9J-11.015(1)(b)3, F.A.C.); 4. Other supporting information relative to the amendment (Rule 9J-11.015(1)(b), F.A.C.); 5. If amendment is a small scale development amendment within a rural area of critical economic concern (RACEC) and adopted pursuant to Section 163.3187(1)(c)4, F.S., a copy of the letter to Office of Tourism, Trade, and Economic Development certifying and explaining how the plan amendment meets the objectives of the executive order issued under Section 288.0656(7),F.S.; and 6. Form RPM-BSP-EXEMPT REVIEW (Rule 9J-11.015(1)(b)5, F.A.C.). `~Y ,1:~ l ~,'tJ' ~-`- ._. ~~ • 4 ~ 1 •.~ ~ ~,; ..., S r y. C l (: 9J-11 TRANSNIITTAL REQUIREMENTS FOR THE SUBMISSION OF ADOPTED SMALL- SCALE COMPREHENSIVE PLAN AMENDMENTS APRIL 2006 jca ~ ORS~~ NUMBER OF COPIES TO BE SUBMITTED: Please submit within ten working days after adoption, one copy of all plan amendment materials, which may be on CD ROM in Portable Document Format (PDF), including graphic and textual materials and support documents directly to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team and one copy each to the appropriate Regional Planning Council and any other local government or governmental agency in the state of Florida that has filed a written request with the local government. SUBMITTAL LETTER REQUIREMENTS: Please include the following information in the transmittal cover fetter transmitting the adopted small-scale amendment (9J-11.015(1), F.A.C.): +/ 1. A statement indicating that the local government is submitting the adopted small-scale amendment in accordance with Section 163.3187(1)(c), F.S.; ord. ~' $Ilb- 09 la) ~.~-3-0~ / 2. A statement identifying the number of acres of the small-scale amendment; O . ~v ~ 3. A statement identifying the cumulative total number of acres for small-scale amendments the local government has approved for the calendar year; 4 • i!O ~ ~_ 4. A statement identifying whether the amendment involves the same property that was granted another change within the prior 12 months; cam- 5. A statement identifying whether the amendment involves the same owner's property within 200 feet that was granted a change with the prior 12 months; _~_ 6. A statement identifying whether the proposed amendment involves a text change; ~l 7. A statement identifying whether the amendment is within an area of critical state concern; 8: A statement indicating the residential land use density before and after the adopted change if the land use change contained a residential land use category; 9. A statement indicating that the amendment has been submitted to the appropriate -~ ~ ~ p~ Regional Planning Council, the Office of Tourism, Trade and Economic Development (if amendment is being adopted pursuant to Section 163.3187(1)(c)4, F.S.) and any other local government or governmental agency in the state of Florida that has filed a written request with the local government; and i 10. The name, title, address, telephone and fax number of the local contact person. To '. T~+a~~~ ~ ~>~; t; ~~ ~~ ~,,(a~ ~-- OVER ~,,~, t-k~y ~~. • • !al7~iPT!O~,t: T!-re amendment ~J~ck3Ce ritE7st tn4iude the following (see 9.1-11.t~15(i), (2), F.S.): - t. One ccoy ;f e xecufe~f ordinar:ceis adopting the sma!!-..~a!e deve!apmcr~' arnendrnent it~.ule 9J-11.Ot5(`!){b12, F.A.C.); _`"__~__ 2. A Future Land Use P:1ap depicting the ne4v!y adopted designation and boundaries and location of the subject property in relationship to the surrounding street and thoroughfare net'fvor!s (!~~!!° 9J-1?.015(11(b)1, F.A.C.}; - ~ 3. Copy of tt-~e public hearing notice of adootion hearing (Rule 9J-11.015(1)(b)3, F.A.C.); __-_,___ 4. Other supporting information rc!ative to the amendment (Rule °J-1 ~.015..(1)(b), F:A.C.); _"~_;~_t~' _ 5. If amen.ument is a small scale development amendmont ~rrithin a rural area of critical economic concern fRACEC} and adopted pursuant to Section 163.3i87(1)(~:)4, F.S., a copy of the letter to O#fice of Tourism, Trade, and Economic Development certifying and explaining how the plan amendment meets the objectives of the executive order issued under Section 288.0656(,7}, F.S.; and /~ 6. Form F?Pi:4-BSP-EXEMPT l~iE'JIE`N ;:Rafe °J-1i.G15(1?(bi5. F.A.C.j. 9J-.11.0(5 Submittal Requirements for Adopted Amendments that Are Exempt from State and Regional Review. (1) l-he local government shall submit, within ten working days after adoption, one copy of all plan amendment materials, which may be on CD ROM in Portable Document Format (PDF), or on caper, including ;*raphic and textual materials and suQport documents directly to the Florida Department of Community Affairs, Division of Community Planning, Ptan Processing Team. (a) The chief elected official or designee shall sign a letter transmitting the adopted amendment to the Department. The transmittal letter shalt specify the followine: I . Whether the adopted amendment is exempt from State and Regional Review, and the facts and circumstances that cause the amendment to be considered as one of the following: ~ • a. A map amendment directly related to proposed small scale development activities that meet the criteria of Section 163.3187(1)(c), F.S.; b. A map amendment solely to property within a!i urban service boundary which meets the criteria of Section 163.3184(17), F.S.: c. A map amendment solely to property within a designated urban infill and redevelopment area pursuant to Section 163.3184(18), F.S.; and d. A plan amendment within an area certified pursuant to Section 163.3246. F.S. 2. The date the adoption public hearing was held; 3. The name, title, address, telephone number, facsimile number, and a-mail address, if any, of the person for the local eovernment who is familiar with the adopted amendment(s) and is responsible for ensurine that the materials transmitted are complete. 4. For small scale development amendments adopted pursuant to Section 163.3187(1)(c), F.S., include the following information: a. The number of acres for the submitted amendment and the cumulative total number of acres for small scale development amendments for the calendar year that the local government has approved; b. Whether the amendment involves the same property that was granted another change within the prior 12 months; c. Whether the amendment involves the same owner's property within 200 feet that was granted a change with the prior 12 months; d. Whether the proposed amendment involves a text change; e, WFIP.ther the a~mnr~rlmnnt i~ ::'i*~'ua are urv°u vfa.iiticai JtatG 1.VnCelll;cL-id f. The residential land use density before and after the adopted change. (b) The adopted amendment package shall include: 1. One copy of the future land use map depicting the newly adopted land use designation and the boundaries and location of the subject property in relationship to the surrounding street and thoroughfare network; 2. A copy of the executed ordinance(s) adopting the amendment that has been signed by the chief elected official; 3. A copy of the public hearing notice; 4. If amendment is a small scale development amendment within a rural area of critical economic concern and adopted pursuant to Section 163.3187(1)(c)<t., F.S., a copy of the letter to Office of Tourism, Trade, and Economic Development certifying and explaining how the plan amendment meets the objectives of the executive order issued under Section 288.0656(7), F.S.; 5. A completed copy of Form RPM-BSP-Exempt Review, effective 4-17-06, incorporated by reference with the amendment. Copies of Form RPM-BSP-Exempt Review may be obtained from the Department of Community Affairs, Division of Community Planning, Plan Processing Team and from the Department's web site. (2) The local governing body shall transmit a copy of the adopted amendment to the appropriate regional planning council, the Office of Tourism, Trade, and Economic Development (if the amendment is related to an area of rural critical economic concern pursuant to Section 163.3187(1)(ck1., F.S.) and other local government or governmental agencies in the state that have filed a written request with the governing body for a copy of the adopted amendment concurrently with the transmittal to the Department. Speciftc Authority 163.3177{9) FS Law Implemented 163.3184(17), (18), 163.3187, 163.32~t6(9)(a) FS history-:Vew 11-10-93, .-(mended 11-6-9G, -1-8-99, 6-30-05, =1-17-06.. I BOARD OF COUNTY COMMISSIONERS Nancy Rostock Neil Brickfield Calvin D. Harris Susan Latvala John Morroni Karen Williams Seel Kenneth T. Welch December 16, 2009 ~ ~ Pinellas County PLANNING The Honorable Frank Hibbard Mayor City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Mayor Hibbard: At its December 15, 2009 meeting, the Board of County Commissioners, acting as the CPA, took action to approve Case #CW 09-27, which was initiated by your City. The Ordinances associated ' L L],. t as t_`. .7 T~ ~~]i t n w t t witu tui~ appruvat a%tiuii iS auacucu. iii auuiu0ii, tiie ~.Pt-i tOGK actluri t0 aCcelit the progress assessment for the Clearwater Downtown Redevelopment Plan. Sincerely, "'~ $rian ~ .Smith, Director las County Planning Department Attachments cc: Planning Director CPA\Corresp.ck.pg 6 - M ~~~ ll D ~ DEC 18 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER PLEASE ADDRESS REPLY TO: 600 Cleveland Street Suite 750 Clearwater, Florida 33755 Phone: (727)464-8200 Fax: (727) 464-8201 Website: www.pinellascounty.org ~J ORDINANCE NO.09- AN ORDINANCE AMENDING THE COUNTYWIDE FUTURE LAND USE PLAN OF PINELLAS COUNTY, FLORIDA, BY ACTION ON CASE NUMBER CW 09-27 INITIATED BY THE CITY OF CLEARWATER AND TRANSMITTED TO THE BOARD IN ACCORDANCE WITH THE SPECIAL ACT; PROVIDING FOR AMENDMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING OF THE ORDINANCE; PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT THE PUBLIC HEARINGS AND WITH RESPONSIBLE AUTHORITIES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, a proposed amendment to the Countywide Future Land Use Plan, which is an element of the Countywide Comprehensive Plan of Pinellas County, Florida, has -been presented at a public hearing to the Board of County Commissioners in their capacity as the Countywide Planning Authority; and WHEREAS, notices of public hearings have been accomplished as required by Chapter 73-594, Laws of Florida, as amended; and WHEREAS, procedures of the Special Act and County Charter have been followed concerning the Pinellas Planning Council and the Countywide Planning Authority for proposed amendment to the Countywide Future Land Use Plan; and WHEREAS, the City of Clearwater initiated a proposed amendment which was considered at a public hearing by the Pinellas Planning Council on November 18, 2009, with recommendations made by the Council that aze documented in the Council reports referred to as Exhibit A; and WHEREAS, the Board has conducted a public hearing and taken action that is documented by ordinance for approvals or partial approvals and partial denials and by resolution for denials, with both documents including the relevant Council reports as attached; and • • NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida, acting as the Countywide Planning Authority in regular meeting duly assembled on December 15, 2009, as follows: Section 1 - Amending the Countywide Future Land Use Plan The Countywide Future Land Use Plan for Pinellas County adopted in Section 3(a) of Ordinance 89-4 is amended to reflect the changes adopted as follows: #CW 09-27 0.7 acre located on the west side of Kings Highway, approximately 175 feet north of Byram Drive, from Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature Overlay to Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature Overlay. Section 2. Severability If any Section, Subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by a Court of n T__ L L 1.7:..... 1....11 4 1.n n~na4r.inrl 4n ranr~Pr t}~e Tem tnlnQ rnyicinnc l.Ompetent JurlsdlCtloll, sUcll llolulllg J11cui nvt vv ~.vaiouuvu w ...-...... .a....-.p p--- of this Ordinance invalid or unconstitutional. Section 3. Filing of Ordinance; Effective Date A certified copy of this ordinance shall be filed with the Secretary of State with the Ordinance and Exhibit A to be filed with the Clerk of the Circuit Court. This Ordinance shall take effect upon filing with the Department of State. 2 • APPROVED AS TO FORM OFFICE OF COUNTY ATTORNEY By.~~~ Attorney PIN~LAS PLANNING COUNC~I. AGENDA MEMORANDUM AGENDA ITEM.• III B-7. MEETING DATE: November 18, 2009 SUBJECT: Amendment to the Countywide Future Land Use Plan Map From: Residential Medium (RM) with Transportation/LTtility (T/U) Overlay and Water/Drainage Feature (W/DF) Overlay To: Residential Medium (RM) with Transportation/LTtility (T/LJ) Overlay and Water/Drainage Feature (W/DF) Overlay Area: 0.7 Acres m.o.l. CASE #: CW 09-27 JURISDICTION: City of Clearwater LOCATION: West side of Kings Highway, approximately 175 feet north of Byram Drive RECOMMENDATION: Council Recommend to The Countywide Planning Authority That The Proposed Map Amendment to Residential Medium with Transportation/Utility Overlay and Water/Draina~e Feature Overlay Be Approved. I. BACKGROUND This proposed subthreshold amendment is submitted by the City of Clearwater and seeks to reclassify a part of a larger parcel in order to recognize drainage features/easements on site, as well ~s establ_ished Progress Bnergy utility easements for an existing power transmission line. These amendments are in follow-up to conditions placed on a previous amendment for Clearwater (CW 07-09). This previous amendment was conditioned upon the City establishing the two overlay categories (T/LJ and W/DF) in their comprehensive plan and then applying them to the subject area as appropriate. II. FINDINGS Staff snbynits the following findings in support of t)ae r~ecanmendation for approval: A. The proposed amendment is a subthreshold amendment (Type A). B. The proposed adjustments to the T/LT and W/DF Overlays recognize the current and proposed features and use of the site, and are consistent with the criteria for utilization of this category. , PINELLAS PLANNING COUNCIL ACTION: The Council recommended ap rp oval of the amendment from Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature Overlay to Residential Medium with Transportation/LTtility Overlay and Water/Drainage Feature Overlay (vote 13-0). COUNTYWIDE PLANNING A UTHORITY ACTION: H:\USERS\Countywide Plan Map\Amendments\2009\l l NovemberUtepotts\CW 09-27 -Clearwater (Subthreshold).doc 1 SUBJECT: Case CW 09-27 -City of Clearwater Please see accompanying attachments and documents in explanation and support of the findings. III. PLANNERS ADVISORYCOMMITTEE (PAC) The PAC members discussed this case at their November 9, 2009 meeting and recommended approval of the staff recommendation (vote 12-0). IV. LIST OFMAPS & ATTACHMENTS Map 1 Location Map 2 Countywide Plan Map & Jurisdiction Map -Black & White Map 3 Aerial -Black & White Map 4 Current Countywide Plan Map -Color Map 5 Proposed Countywide Plan Map -Color Attachment 1 PAC Summary Actions Sheet V. SUPPORT DOCUMENTS -available only at www.pinellasplannin~council.or~ (see November PPCAgenda and then click on corresponding case number). Support Document 1 Disclosure of Interest Form Support Document Z Local Government Application 2 1 ~ • ~ w Pasco County ~ ~-B f1 9 y t 1NIY ~D ~ s KEYST ONE RD ~ m ° „< `" h U $ ~ m °i m t F J O 3 0` a N o ~ s a ¢ ' ~ ~ ~ 3: u e • e u ~ y ~ R RD SUBJECT AREA ~ T~p"R° sq e a 0 o ma ~ IAIN S SR SBD p 4 ~ m w 5 e ~ UNS POINT RD U DREW ST DAMPBELL GSWY ' T URT 0 GULF OBA BLVD ~pU MEy - J BELL IR RD m m P o YgTS O V2 ST BAY D FAS BAY D ROOSE VF O~ K t- O w ~~ SI GHAM UL AE TON RD z ~ W z Cq1~ ~ G NOY gLJ 1 2ND AVEN ~- m 2 O F FT ~ Z h ~ Z Gulf of Mexico ~ ° ARK BLVD i[ Z r Z Np AVE J = Z ~ Z z SUTRA N F ~ y o 38TH VE N = ¢ - O y HF. ~ G ~ 72ND VE N '~ a ,~ a1 H ST AUE N -3 /STAVE N FT )~ VLFp O RT O L A 61'OS ?2ND AVES R 0 c Tampa Bay ~ ~~ t "°F g~.P Map 1 -Location Residential Medium with Transportation/Utility Overlay - FROM: and Water/Drainage Feature Overlay NORTH Residential Medium with Transportation/Utility Overlay , TO: and Water/Drainage Feature Overlay 1 = 26,000 AREA: 0.65 _ ~ / ~ PINELLAS PLANNING CASE #: CW09 27 JURISDICTION: Clearwater ~ COUNCI L Map 2 -Current Countywide Plan Map & Jurisdictional Map - Residential Medium with Transportation/Utility Overlay Jurtsd~ctions NORTH FROM: and Water/Drainage Feature Overlay CLEARWATER 1 " = 400 ' TO: Residential Medium with Transportation/Utility Overlay ~ UNINCORPORATED and Water/Drainage Feature Overlay AREA: 0.65 CASE #: CW09-27 JURISDICTION: Clearwater ~ PINELLAS PLMINING COUNCIL Map 3 -Aerial Residential Medium with Transportation/Utility Overlay FROM - : and Water/Drainage Feature Overlay NORTH Residential Medium with Transportation/Utility Overlay TO: 1 " = 400 ' and Water/Drainage Feature Overlay AREA: 0.65 ® ~ PINELLAS PLANNING CASE #: CW09-27 JURISDICTION: Clearwater ~ COUNCIL Legend Residential Residential High Institutional Special Designations Residential Urban public !Semi-Public Transportation / Utility ~ Water Residential Low Medium Preservation ~!'~` °=_~ `= Drainage Feature Overlay Residential Medium ~ Recreation /Open Space ®Transportation/Utility Overlay Map 4 -Current Countywide Plan Map - Residential Medium with Transportation/Utility Overlay FROM: and Water/Drainage Feature Overlay NORTH TO: Residential Medium with Transportation/Utility Overlay 1 " = 150 ' and Water/Drainage Feature Overlay / ~ Pin~r~~ns Ptwhinc CASE #: CW09-27 AREA: 0.65 JURISDICTION: Clearwater ~. Cou~c~L Legend Residential Residential High Institutional Special Designations t Residential Urban public /Semi-Public ~ Water Transportation/Utility '_ ~°'. ` Residential Low Medium - ~ Preservation :-. _~_.- Drainage Features Residential Medium Recreation/Open Space ®Transportation Utility Map 5 -Proposed Countywide Plan Map - Residential Msdium with Transportation/Utility Overlay NORTH FROM: and Water/Drainage Feature Overlay 1 "=150' TO: Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature Overlay ('INELLAS PLANNING; CASE #: CW09-27 AREA: 0.65 JURISDICTION: Clearwater ~ CouNCn. Attachment 1. PAC AGENDA -SUMMARY AGENDA ACTIONS SHEET DATE: NOVEMBER 9, 2009 5. Case CW 09-25: Pinellas County Approved Motion: Dean Neal 12-0 Second: Marie Dauphinais 6. Case CW 09-26: Pinellas County Approved ' Motion: Marie Dauphinais 12-0 Second: Fred Metcalf 7. Case CW 09-27: City of Clearwater Approved Motion: Rick MacAulay 12-0 Second: Bob Klute D. Progress Assessment CW 94-55 - Approved for Receipt, Acceptance and Clearwater Downtown Redevelopment Plan Transmittal 12-0 Motion: Fred Metcalf Second: Gordon Beardslee '' E. Determinations of Consistency - Approved Largo, Dunedin, Gulfport and Kenneth City Motion: Fred Metcalf 12-0 Second: Lauren Matzke F. Copy of Preliminary Agenda No Action Taken G. Annexation Report -October 2009 Requested reports continue to be placed on Consensus PAC agenda for information only I. MINUTES OF REGULAR PAC MEETING Approved OF OCTOBER 12, 2009 Motion: Rick MacAnlay; Second: Gordon Beardslee 12-0 II. OLD BUSINESS Fred Metcalf moved to place the minutes at A. Revised PAC Meeting Format and Bylaws the beginning of the agenda; seconded by (continued from October) Gordon Beardslee. 12-0 PAC provided direction for future agenda set-up to include a new item entitled, "PPC Discussion -Upcoming Items"; change to "Other PAC Business" to include: "lPAC Discussion.and Upcoming Agenda"; provided direction to Assistant County Attorney Jewel Cole regarding revisions to PAC Bylaws for PAC consideration on their December agenda with Mr. MacAulay noting that St. Petersburg's assistant city attorney would like an opportunity to review them; and discussed need for additional time to review items, i.e., earlier posting of PAC agenda and two full- months agenda lead time for discussion relative to proposed Rule changes and other items such as the Scenic/Noncommercial Corridor Study PINELLAS PLANNING COUNCIL ~,~~n~ P ~ COUNCIL MEMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Telephone 727.464.8250 Fax 727.464.8212 • www.pinellasplanningcouncil.org November 20, 1009 Michael Delk, Planning Director City of Clearwater 100 So. Myrtle Avenue Clearwater, FL 33756 Re: Case CW 09-27 Dear Mr. Delk: David P. Healey, AICP Executive Director A copy of the Council's recommendation from its November 18, 2009 meeting, to approve the amendment to the above referenced case is enclosed for your information and records. Pursuant to County Ordinance No. 96-23 establishing procedures for public hearing, this is to notify you that the recommendation of the Pinellas Planning Council, to be considered by the Countywide Planning Authority on December 15, 2009, is available for your review. If you have any questions, please contact this office. Sincerely, David P. Healey, AICP Executive Director Encl. Mayor Beverley Billiris, Chairman Vice-Mayor Jerry Knight, Vice-Chairman Mayor Pat Gerard, Secretary Commissioner John Morroni, Treasurer Vice-Mayor Nina Bandoni Councilmember Sandra L. Bradbury Commissioner Dave Carson Councilmember John Doran Councilmember Jim Kennedy School Board Member Linda S. Lerner Commissioner Stephanie Oddo Mayor Jim Ronecker Mayor Patricia ). Shontz ~~~~~~ ~ NOV 3 Q 20Q9 ;, ~~ .~._._._1~.: PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWRTER .,a„ PLANNING FOR THE PINELLAS COMMUNITY - ~ PII~~LAS PLANNING COUN~L. AGENDA MEMORANDUM AGENDA ITEM.• III B-7. MEETING DATE: November 18, 2009 SUBJECT: Amendment to the Countywide Future Land Use Plan Map From: Residential Medium (RM) with Transportation/Utility (T/LJ) Overlay and Water/Drainage Feature (W/DF) Overlay To: Residential Medium (RM) with Transportation/L7tility (T/U) Overlay and Water/Drainage Feature (W/DF) Overlay Area: 0.7 Acres m.o.l. CASE #: CW 09-27 JURISDICTION: City of Clearwater LOCATION.• West side of Kings Highway, approximately 175 feet north of Byram Drive RECOMMENDATION: Council Recommend to The Countywide Planning Authority That The Proposed Map Amendment to Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature Overla~e Approved. I. BACKGROUND This proposed subthreshold amendment is submitted by the City of Clearwater and seeks to reclassify a part of a larger parcel in order to recognize drainage features/easements on site, as well as established Progress Energy utility easements for an existing power transmission line. These amendments are in follow-up to conditions placed on a previous amendment for Clearwater (CW 07-09). This previous amendment was conditioned upon the City establishing the two overlay categories (T/LJ and W/DF) in their comprehensive plan and then applying them to the subject area as appropriate. II. FINDINGS Staff submits the following findings in support of the recommendation for approval: A. The proposed amendment is a subthreshold amendment (Type A). B. The proposed adjustments to the TILJ and W/DF Overlays recognize the current and proposed features and use of the site, and are consistent with the criteria for utilization of this category. PINELLAS PLANNING COUNCIL ACTION.• The Council recommended approval of the amendment from Residential Medium with Transportation/LTtility Overlay and Water/Drainage Feature Overlay to Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature Overlay (vote 13-0). COUNTYWIDE PLANNINGAUTHORITYACTION.• H:\USERS\Countywide Plan Map\Amendments\2009\I I NovemberUtepons\CW 09-27 -Clearwater (Subthreshold).doc 1 ;1/ .q ~~ ~ PINELLAS C~ / , PLANNING COUNCIL COUNCIL MEMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Mayor Beverley Billiris, Chairman Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplanningcouncil.org Vice-Mayor Jerry Knight, Vice-Chairman Mayor Pat Gerard, Secretary Commissioner John Morroni, Treasurer Vice-Mayor Nina Bandoni Councilmember Sandra L. Bradbury Commissioner Dave Carson Councilmember John Doran November 20, 2009 Councilmember Jim Kennedy School Board Member Linda S. Lerner Commissioner Stephanie Oddo Mayor Jim Ronecker Mayor Patricia J. Shontz David P. Healey, AICP Mayor Frank Hibbard ~ Executive Director City of Clearwater P.O. Box 4748 Clearwater, FL 33756-4748 Dear Mayor Hibbard: The Pinellas Planning Council considered at public hearing on November 18, 2009 one application from the City of Clearwater for amendment of the Countywide Future Land Use Plan. The Council recommended approval of case CW 09-27, as noted on page 1 of the accompanying agenda memoranda. This amendment, including the recommendation of the PPC, will be considered by the Board of County Commissioners, in their capacity as the Countywide Planning Authority (CPA), on December 15, 2009 at 6:30 P.M. Thank you and your staff for your assistance in the coordination of our countywide planning process. Sincerely, ~~ Beverley Billiris, Chairman Pinellas Planning Council v Encl. ! NOV 3 O 2x09 cc: Councilmember John Doran, Pinellas Planning Council Repre _ - tative William Horne, City Manager PLANNING & DEVELOPfVfENT Michael Delk, Planning Director SERVICES CITY OF CLEARWATER _ PLANNING FOR THE PINELLAS COIvtMUNITY ~ PINELLAS PLANNING COUNCIL Clearwater Village LLC 1988 Freedom Drive Clearwater, FL 33755-1293 C~,,y~a~N~i 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplanningcouncil.org November 20, 2009 ~. Re: Case CW 09-27 To Whom This May Concern: COUNCIL MEMBERS Mayor Beverley Billiris, Chairman Vice-Mayor Jerry Knight, Vice-Chairman Mayor Pat Gerard, Secretary Commissioner John Morroni, Treasurer Vice-Mayor Nina Bandoni Councilmember Sandra L. Bradbury Commissioner Dave Carson Councilmember John Doran Councilmember Jim Kennedy School Board Member Linda S. Lerner Commissioner Stephanie Oddo Mayor Jim Ronecker Mayor Patricia J. Shontz David P. Healey, AICP Executive Director A copy of the Council's recommendation from its November 18, 2009 meeting; to approve the amendment to the above referenced case is enclosed for your information and records. Pursuant to County Ordinance No. 96-23 establishing procedures for public hearing, this is to notify you that the recommendation of the Pinellas Planning Council, to be considered by the Countywide Planning Authority on December 1 S, 2009, is available for your review. If you have any questions, please contact this office. Sincerely, David P. Healey, AICP Executive Director Encl. cc: Michael Delk, Planning Director City of Clearwater PLANN[NG FOR THE PINELLAS ~~~~~~ i~OV ~ Q Z PLANNING ~ ~E~~[.OPMENT ~Ef1~1~~5 _ ~I11' ~F CL~r1~i~VF~T~R COMMUN[TY • • Comprehensive Plan Citizen Courtesy Information List Local Planning Agency: City of Clearwater Hearing Date: November 17, 2009 Type Hearing: Transmittal (Proposed): LUZ2009-07002; A portion of 1980 Kings Highway DCA Amendment Number: Please Print Clearly (DCA Official Use) By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. Check Appropriate Address, City, State, Citizen Name °; Zip Code Box Written Spoken Comment Comment Identify Amendment which is of Interest Over for more spaces • • ,~ ~~~ a~° ~~ ~~ Q~ ~~ ~.~ PLANNING DEPARTMENT October 21, 2009 CITY OF CLEARWATER Posr OFFICE Box 4748, CLEARWA"I'ER, FLORroA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AvENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2009-07002 -Application to Amend the Countywide Future Land Use Plan Dear Mr. Healey: The City of Clearwater requests the following: An amendment to the Countywide Future Land Use Plan to change Residential Medium (RM) Future Land Use designation (City) to Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) Future Land Use designation (City) for parcels of land totaling 0.65 acres for a portion of properly located at 1980 Kings Highway (parcel identification number 03-29-15-55548-000-0091). The Community Development Board unanimously approved this amendment on October 20, 2009. The amendment is scheduled for the November 17, 2009 City Council meeting for first reading. I will contact you after the City Council first reading with the outcome of the City Council meeting. Please find all of the required information for this request attached. If you need any additional information, please contact me at 727-562-4557. Sincerely, Cate Lee Planner II Attachments: Disclosure Statement Application Staff Report with Maps Ordinance No. 8116-09 S: IP/nnning DepnrtmentlCD BlLnnd Use AmendmentslLU 20091LUZ2009-07002 - /980 Kings Highway -City Oj ClennvnterlPPCILUZ2009-07 ~ C Transmittal Letter.Doc ~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER • • DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER SUBMITTING GOVERNMENT ENTITY: PPC OR CITY/TOWN CASE NUMBER: PROPERTY OWNERS: REPRESENTATIVE: CITY OF CLEARWATER LUZ2009-07002 CLEARWATER VILLAGE, LLC MICHAEL DELK, CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: No. Interests: Contingent: Absolute: Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: No. Contract is: All Parties To Contract: Name Contingent: Absoiute: INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: None. Name: Name: ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIGNED BY PLANNING COUNCIL STAFF S: (Planning DepartmentlC D BlLand Use AmendmentslLUZ 20091LUZ2009-07002 -1980 Kings Highway - City Of ClearwaterlPPCILUZ2009-07002 PPC Disclosure Statement.Doc APPLICATION FOR COUNTYWIDE FUTURE LAND USE PLAN AMENDMENT Please include all information below to ensure the application for Countywide Plan Map amendment can be processed. If additional space is needed, please number and attach additional sheets. Countywide Plan Map Information 1. Current Countywide FLUP Designation(s) -Residential Medium (RM) 2. Proposed Countywide FLUP Designation(s) Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium~RM) Local Plan Map Information 1. Local Map Amendment Case Number LUZ2009-07002 2. Current Local Plan Designation(s) Current Local Zoning Designation(s) Residential Medium (RM) -Medium Density Residential (MDR) 4. Proposed Local Plan Designation(s) Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM) Proposed Local Zoning Designation(s) N/A Site and Parcel Information 1. Parcel number(s) of area(s) proposed to be amended -Sec/TwplRng/SubBlk/Lot (and/or legal description, as necessary) 03-29-15-55548-000-0091 2. Location A portion of 1980 Kings Highway 3. Acreage 4. Existing use(s) Existing density and/or floor area ratio 6. Name of project (if applicable) 0.65 acres Vacant FAR 0.50 None at this time Local Action 1. Date local ordinance was considered at public hearing and authorized by an affirmative vote of the governing body for transmittal of, and concurrence with, the local government future land use plan map amendment. November 17 2009 2. If the local government chooses to submit a development agreement in support of this application, the date the agreement was approved at public hearing by the legislative body. Any development agreement submitted as part of an application for Countywide Plan Map amendment may become a condition of approval of the amendment and will be subject to the provisions of Section 5.1.4 of the Countywide Rules. N/A Other Items to Include 1. Cover letter or email to the Executive Director indicating the request for Countywide Plan Map amendment, including ordinance number, ordinance status, and local action to date. 2. Copy of local ordinance. 3. If applicable, a copy of the development agreement approved by the legislative body and executed by the applicant property owner and other private party(ies) to the agreement. 4. Disclosure of Interest Statement. 5. Staff report. 6. Local plan and zoning maps showing amendment area. 7. If applicable, proposed demarcation line for environmentally sensitive areas. Forms available online at www.pinellasplanningcouncil.ors/amendment.htm ~ ~ Lee, Catherine From: Lee, Catherine Sent: Tuesday, October 20, 2009 9:1.8 AM To: 'Nick Fri' Cc: Porter, Catherine; Clayton, Gina Subject: RE: Review and LUZ ammendments Hi Chairman Fritsch, To our knowledge there aren't any other properties in the City that the PPC has placed similar conditions on. In addition, seeking and initiating such properties are not part of our work program for the year. However, if such properties are brought to our attention that would be benefited by such overlays we will process those cases as needed. Feel free to contact me if you have further questions. Regards, Cate Lee Planner II Pia~lnin€>, tk Dc>c-elo~mc~nt L)cx}~a.rtmetat <:'i.tg- <>f Ciea.rcva.tc~r 'T': i 27.562.557 }~: 727.562.865 From: Nick Fri [mailto:nfritsch@tampabay.rr.com] Sent: Monday, October 19, 2009 11:05 AM To: Lee, Catherine Cc: Watkins, Sherry Subject: Review and LUZ ammendments Hi Catherine, does this mean that now that these new provisions are available in the code, a review of other existing properties with the same conditions is necessary and LUZ's will be initiated? Thanks, Nick CITY CAF CLEAR~ATER Pcrr Orr=rcr: Box 4; 48, Crr•~~rzu,~~~.x, Fr.o~;~:~ 33'~~-~;'48 ~~t~rrrr,t€. Sr>.revrcrs T3r;r.n.~c, 100 Sot;;~r ;~1Yx;~r.r: Avr•,;are; Cz.':rt~;r~:~~~=rt, r.orur:a 3376 July 29, 2009 MICHAEL CRAWFORD PINELLAS PLANNING COUNCIL 600 CLEVELAND STREET, SUITE 850 CLEARWATER, FL 33755-4160 RE: Map Adjustments Clearwater Atlas Page 251 Deaz Mike: It was a pleasure meeting with you and Willie Brown and Mike Schoderbock today. Following aze the procedures to which we agreed with regazd to transportation utility overlay, water drainage feature and water drainage overlay with regard to this area of the City of Clearwater. The City will proceed with the Land Use Amendment for both overlays on the 1980 Kings Highway parcel as shown on the enclosed map. The actual location and dimensions will be as mapped by the City pursuant to legal descriptions of the easements. The PPC will make a map adjustment to the water drainage overlays on the church parcels and the residential parcels known as 1953, 1957 and 1961 Freedom Drive according to the map produced by the City pursuant to legal descriptions of the easements. The PPC will make a map adjustment to the City-owned parcel now being developed for stormwater purposes, known as the Spring Branch Project, which will be designated a water drainage feature.. At this time there will be no change to the overlay for the City-owned State Street Pazk (undeveloped). The PPC will make a map adjustment to the Preservation area along Spring Branch Creek and Lots 4, 5, 10, 11 and 12, Lange's Replat of Brown's Subdivision, consistent with the enclosed Jurisdictional Wetlands Survey dated 5/3/05 and revised 7/20/09. There was also a discussion of removing the water drainage overlay along Spring Branch Creek in this area. The City would prefer that the overlay be removed because it is the City's understanding that the Preservation designation would govern, which would make the overlay unnecessary. If the overlay will not be removed, we would appreciate your providing a rationale for retaining the overlay for clarification purposes. Should you or your staff have any questions, do not hesitate to contact me at 727-562-4626. Yours truly, Catherine W. Porter, AICP Long Range Planning Manager Enc. cc: Gina Clayton, Assistant Planning Director Scott Rice, Assistant Engineering Director Cate Lee, Planner II cwp/S/planning/mapadjustments/atlas251 B/PPCItr Porter, Catherine To: schoderbock Cc: Clayton, Gina Subject: CW 07-09(March 13, 2007)---LUZ2006-08004- 1980 Kings's Highway Hi Mike, As we discussed the other day; you will send the shape file for the Transportation/Utility and Water/Drainage Feature overlays for this parcel as per the approval conditions of the captioned case. Please send to Jeremy.williams@myclearwater.com Thanks for your help. Catherine W. Porter, AICP Long Range Planning Manager City of Clearwater Planning Department 100 S. Myrtle Avenue - P.O. Box 4748 Clearwater, FL 33758-4748 727-562-4626 -FAX 727-562-4865 Catherine. porter cr.myclearwater.com ~ ~ PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM PAC'41VLY AGENDA ITEM: II C. MEETING DATE: December 16, 2009 SUBJECT: Consent A eg nda: C. Countywide Planning Authority (CPA) Actions -December 15, 2009 RECOMMENDATION: Council Receive Report on CPA Actions and Discuss As Appropriate (Information Only - No Action Required) BACKGROUND This information is presented in order to better and more systematically apprise the Council of final action by the Board of County. Commissioners/Countywide Planning Authority on matters that have been considered by the Council. At their December 15, 2009 meeting, the CPA took the following actions: Public Hearings Subthreshold Amendment: • Case CW 09-21, a Pinellas County case located on the Southwest corner of Ulmerton Road and 119a' Street North. The Board approved the amendment from • Case CW 09-22, a Pinellas County case located on the west side of Jackson Street, 100 feet north of 132nd Avenue North (13224 125a' Street North). The Board approved the amendment from Residential Low to Institutional (vote 7-0). • Case CW 09-23, a Pinellas County case located on the northeast corner of Pine Street Southwest and 132"d Avenue North (13207 Pine Street North) The Board approved the amendment from Residential Low to Institutional (vote 7-0). PINELLAS PLANNING COUNCIL ACTION.• COUNTYWIDE PLANNING AUTHORITYACTION.• H:\USERS\PAC; PPC, & CPA\02 PPC\OOOOAGENDAS and RELATED CORRESP\OlAgenda Folders for 2009112 Dec 09 PPC\O1 -B Back-up Consent C CPA Actions Report to YYC.doc SUBJECT• Consent A~enda• II C Countywide Planning Authority Actions • Case CW 09-24, a Pinellas County case located on the east side of 119' Street North, lying 50 feet north of Oak Street (2253 - I19`~ Street North) The Board approved the amendment from Residential Low to Institutional (vote 7-0). • Case CW 09-25, a Pinellas County case located on the southwest corner of Grove Park Avenue North and Haines Road (2568 Grove Park Avenue North and 5208 Hanes Road) The Board approved the amendment from Residential Low Medium to Commercial General (vote 7-0). • Case CW 09-26, a Pinellas County case located on the south side of Whitney Road, Lying 145 feet east of Whitney Drive. The Board approved the amendment from Transportation/Utility to Institutional (vote 7-0). • Case CW 09-2, a City of Clearwater case located on the west side of Kings Highway, approximately 175 feet north of Byram Drive. The Board approved the amendment from Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature to Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature (vote 7-0). Regular Amendments: • Case CW 97-62 (SAP Change No. 1-2009), City of Largo West Bay Drive Redevelopment Plan. The Board continued the amendment from Community Redevelopment District to Community Redevelopment District to their January 5, 2010 (vote 7-0). REGULAR AGENDA • Determinations of Consistency -Dunedin, Gulfport, Kenneth City, and Largo - The Board adopted the resolutions approving Updated Determinations of Consistency (vote 7-0). • Progress Assessment: CW 94-55 -Clearwater Downtown Redevelopment PIan - The Board received and accepted the Progress Assessment Report (vote 7-0). 2 j ~ PLNE ~S PLANNING COUNCIL AGENDA ACTION SHEET RESULTS OF THE PPC MEETING OF WEDNESDAY, NOVEMBER 18, 2009 I. CALL TO ORDER - At 1:00 P.M. by Mayor Beverley Billiris, Chairman A. Invocation and Pledge -Led by Commissioner John Morroni B. Identification of Members Present -Acknowledgement of Members in Attendance II. CONSENT AGENDA A. Minutes of October 21, 2009 Council Meeting -Approved B. Financial Statement for October 2009 -Approved C. Countywide Planning Authority (CPA) Actions -November 2009 - Received/Discussed D. Annexation Report -October 2009 -Received E. Preliminary December 2009 Agenda -Received F. Correspondence -Received III. PUBLIC HEARING - To begin at 1:00 P.M. or as soon thereafter as agenda permits A. Public Hearing Format Announcement and Oath B. Amendments to the Countywide Future Land Use Plan Group 1: Subthreshold Amendments 1. Case CW 09-21: Pinellas County -Recommended Approval from Commercial General to Recreation/Open Space 2. Case CW 09-22: Pinellas County -Recommended Approval from Residential Low to Institutional 3. Case CW 09-23: Pinellas County -Recommended Approval from Residential Low to Institutional 4. Case CW 09-24: Pinellas County -Recommended Approval from Residential Low to Institutional 5. Case CW 09-25: Pinellas County -Recommended Approval from Residential Low Medium to Commercial General 6. Case CW 09-26: Pinellas County -Recommended Approval from Trans~ortation/Utility to Institutional 7. Case CW 09-27: City of Clearwater -Recommended Approval from Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature Overlay to Residential Medium with Trans~ortation/L7tility Overlay and Water/Draina~e Feature Overlay Group 2: Regular Amendments 8. Case CW 97-62: City of Largo West Bay Drive Community Redevelopment District Plan 2009 (SAP Change No. 1-2009) -Recommended Approval Subject to Enumerated r'~ncliti~n~ IV. REPORTS/OTHER ACTION A. Progress Assessment: CW 94-55 - Clearwater Downtown Redevelopment Plan - Received/Accepted/Authorized Transmittal to CPA for Receipt and Acceptance B. Determinations of Consistency -Dunedin, Gulfport, Kenneth City and Largo - Received/Discussed/Recommended Approval and Transmittal to the Countywide Planning C:\Documents and Settings\catherine.lee\Local Settings\Temporary Internet Files\Content.0utlook\80116WMA\ACTION V. EXECUTIVE DIRECTOR ITEMS A Amendments of the Countywide Rules Re: TDRs and Density/Intensity Averaging (continued from October PPC meeting) -Received/Discussed/Provided Direction B. Verbal Reports 1. Draft Letter of Consistency -Approved/Authorized Chairman to Sign As Needed 2. Executive Committee -Confirmed Meeting for December 4, 3:30 PM, in the offices of the Pinellas Planning Council 3. Provided information on cost savings 4. Provided information on proposed legislation regarding the Planning Council and discussed appropriate follow-up actions - Discussed/Provided Direction VI. OTHER COUNCIL BUSINESS A. Chairman/Member Items 1. Nominating Committee for Election of 2010 Officers - Chairman appointed Councilmembers Oddo and Kennedy to serve with Chair; Committee met following conclusion of regular PPC meeting 2. Holiday Gathering - Discussed/Provided Direction 3. Councilmember Jim Kennedy provided information on the December 7 Transit Workshop and invited cities and county to participate ADJOL:IRNMENT - 3:06 P.M. C:\Documents and Settings\catherine.lee\Local Settings\Temporary Internet Files\Content.0utlook\80116WMA\ACTION ~ ~ ~~. s s e c1 PINELLAS PLANNING COUNCI : , ~~ AGENDA. MEMORANDUM ~ ~~ ~Y ,~ ~~~ AGENDA ITEM: MEETING DATE: November 18, 2009 SUBJECT.- Amendment to the Countywide Future Land Use Plan Map From: Residential Medium (RM) with T'ransportation/Utility (T/LJ) Overlay and VVater/Drainage Feature (W/DF) Overlay To: Residential Medium (RM) with Transportation/Utility (T/LJ) Overlay and Water/Drainage Feature (W/DF) Overlay Area: 0.7 Acres m.o.l.. CASE #: C W 09-27 JURISDICTION.- City of Clearwater LOCATION.- West side of Kings Highway, approximately 175 feet north of Bvram Drive RECOMMENDATION: Council Recommend to The Countywide Planning Authority That The Proposed Map Amendment to Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature Overlay Be Approved. I. BACKGROUND This proposed subthreshold amendment is submitted by the City of Clearv~Tater and seeks to reclassify a part of a larger parcel in order to recognize drainage features easements on site, as well as established Progress Energy utility easements for an existing power transmission line. These amendments are in follow-up to conditions placed on a previous amendment. for Clearwater (CW 07-09). This previous amendment was conditioned upon the City establishing the two overlay categories (T/LJ and WLDF) in their comprehensive plan and then applying them to the subject area as appropriate. II. FINDINGS Staff submits the following findings in support of the recommendation for approval: A_ The proposed amendment is a subthreshold amendment (Type A). B. The proposed adjustments to the T/LT and W/DF Overlays recognize the current and proposed features and use of the site, and are consistent with the criteria for utilization of this category. PINELLAS PLANNING COUNCIL ACTION: COUNTYWIDE PLAIVIVING A UTHORITY ACTION: H'.UISERS1Countywide Plan MaplAmendmentsl2009117 Nowember`•Reporis\Cu' 09-27 -Clearwater (Subthreshold) due 1. ~~ ~~ 1 p • SUBJECT: Case CW 09-27 -City of Clearwater Please see accompanying attachments and documents in explanation and support of the findings. III. PLANNERS AD VISORY COMMITTEE {PAC) The PAC will meet on November 9, 2009 to discuss this item. IV. LIST OF' MAPS & ATTACHMENTS Map 1 Location Map 2 Countywide Plan Map & Jurisdiction Map -Black & White Map 3 Aerial -Black & White Map 4 Current Countywide Plan Map -Color Map 5 Proposed Countyv~lide Plan Map -Color Attachment 1 Draft PAC Minutes (provided after 1'AC) V. SUPPORT DOCUMENTS -available only at www.pinellasplannin~council.or,~ (see DecemberPPCAgenda and then click on corresponding case number). Support Document 1 Disclosure of Interest Form Support Document 2 .Local Government Application 2 ( ~ • Pasco County ` u .3 ~ ~ ... '~,~ , \~ M ~~ ~ Y ,r, 33:0 _.r_.-./. ~ 1~•___.....__ ............. ~ raj ~ ~' ~ ~ ' ~i P !S i '~, ~ °~ 5 ~ ! D j' ' ~.~3 i4i ''\~' i a~ _ s: ~ r 'L11:. .. ../~ Ej w. 41. ~. : ` ! M pV 1 ~ ~~ ~}~ z, SUBJECT AREA- . ~~'~ ' ^ttA1p r . ; W ,.. ~ ~V hUIN ST t SR 590 ~!' -~~j~~ ' f' ,~~~f~ ~77 W: I flv ` `~ ~ ~ t"7 _. .ONSET OO1hT_FO_ 11' ~ 53 i a rti ,.f ~,'~R:7. .e,~tra. sr._....1GULF To anve YD Dpu~'tnEr GMY~~-S~°Y / , j ' ~'~'~' vi •`.~...._aFLLEAIR RD4__~ ~5 ~~_°~hsr enr y'.~ j-..._e~sr~9Ar~?. ......IROOSe \ //~ '~ ~'~; )T^i. t. 7 i I ~ ~O FZA w 1 111 ! ~ Re •~ ~ ~- c • _, a . ~ stNCww qb ~ ~` ~ z, t a; ..~ .. _~-~c_:..~ VBS. ... . 1QINDAIKN ~. ul ~; I ~.I.,, ~ ~~ J _.._ { 1 .-: ~. ., 1. i. j _..... Gulf of Mexico ' .....~. W ~ ~( ~ - `, • FN `T`om C`~'~ Z I 2 r° SsTH A!E N ~ ~ ~~~. `~y 9~ i ' ~ I zF ~'~~ ~ !C>. ly, ~ 'tETHpY :N ~_s. J~ ~ p I 1 ~"~ '.z 0~~1 ~ lI ~`{a # ?TND AVCN t~'J~ 3,+~ ~% k, ~ 1SrAE Y 75T.AV t'.L-GEN E/~Ly~1(~.. t}r' ~td ~m _ tt> -y' ,.\\ • ~.. \~, 1 1 =se~++~a '- c•' ff "'rr ~~ ,.,.<,~, ~• ° ~ ~, Tampa Bay s ,.. i ~~3 t ~ ~ y~~ ~`av. ,' ~ay qq (Y~ a ` i~'. f/ •k'% fit;(.. ~~ Map 1 -Location. FROM: Residential Medium with TransportatonlUtility Overlay - and Water/Drainage Feature Overlay NORTH TO: Residential Medium with TransportationlUtility Overlay 000 ' 1 " = 26 and Water/Drainage Feature Overlay , AREA: 0.65 ~ I'INEL.I.AS +~ ht..~I~i~~iJl~ CASE #: CW09-27 JURISDICTION: Clearwater `~°~ ~-~~~~~'~ i~ • • t ~ ~ ~ i I ~ r i ~ ~ ~ ~ ~ ~. ~-__' - ~ J_ _, -- <. _ Rte- < ~~~ ~ ~ ~ ~ - i ~ ~ i ~ -- _. , ~~ ., aasE~w .. - ~= - A > ~ ' 111 .... .~ ~- T~ ~. _ ~ ~ _ ~ -- ~~ ~ y ., '.." a1- - R~.J~~ ~ RM ~ ~ - i a ~ x _ --- -- .1- _ l,_ ~ iD:EtNIIL` DRIVE ~ ~RH r'~ -- - i /•~ I t ..~...~` rs~ ~ ~_ I ..M~,;,. ~. ~__..._ - -_ I ~ - •f -. ~ _r- t ~: --FZ,~ -- ~ , RM ~RM - ~. t -. = '' __ ~~~_- ~ . ~ ~ I ~ ? --,rte = ± f .^ ~- ~~ ~. .HE aat~ee ~~ - - - ~ w~carwv ear~r~s ~ ~ ~ ~ RM ~ R ~~ ~~ ~ ~ ~ RH ~,,;r ~ - I~lL ~ b ~, ~ ---i _~- I I - ~ y ~- _- ~ .~ ~t - i~ 1_ ' Fell _ _ ~ -- R l~lf~t { :~ ~' ~ ~ ~~,~;K , ~:,, ~,_. ,~ NO RlJAY 4 ('~ STATE e __ ~_~~ ~-_~f r .` ~ -r .- - ~ ~, :~~ __ ` _~~~ ~ 4 ~ y ~ ,. ~. . ~ I I ~ ' f _ 4 f ~ - - --- { I Y 1 5 _ NE ~Jl ~ v I * C ~ .F ~ ~ ~ - ±=I ~ w m ~ , ;; ~ ;' ~ ` ,;-' ~ RU __ _ _ ~ - ~, ~ ~ I ~ ---~ Ftl}f , - - ,. I 1 ~ ~ , ~i ~,-, ... ~ ~ ~ ~ _ ~ _ , ~ ~ ; . I~ Rroc l- RlJ•. I ~ ~ j ~ ~~ L ; I I FEU , ' _ - y„~ ' :I ~ - - _-- Map 2 -Current Countywide Plan Map 8~ Jurisdictional Map Residential Medium with Transportation/Utility Overlay Jurisdictions FROM: and Water/Drainage Feature Overlay _ N~RTH CLEARWATER 1 " = 400 TO: Residential Medium with Transportation/Utility Overlay ;UNINCORPORATED and WaterlDrainage Feature Overlay AREA: 0.65 ~~"~ 1' ~ ~ e ~ ~,~ CASE #: CW09-27 JURISDICTION: Clearwater • • Map 3 -Aerial FROM: Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature Overlay Residential Medium with Transportation/Utility Overlay TO: and WaterlDrainage Feature Overlay AREA: 0.65 CASE #: CW09-27 JURISDICTION: Clearwater NORTH 1 "=400' ~"~ (71 ti E 3.. Lf15 C..i)i:NC•EL • ~~ t ~ ~ - .. r ~.f r-,....,j ~ ~ ~ ,~kk j ~~: -'- _ .I~ WOODLAWN TERRACE ~.~~._,- ~~~ ~` S .5, ...~......,. _ .~.~ _~ i ~~ ~, r , -, _~ ~ _ "~~ Z I`,..~ ~Y ~ i.J.,r~~` - ~, .. _ ~ ,. _ r •iJ fJ~ \ ~ r .Y '°. .. S(~~ 11 ' :. _ ~, _ ._ .~ ,. - _ ~~ - ~ .- _ i ' tl ~- _ 5 :_ _ 1 __ ~.._.._._ ~ u ..-: ~ ~Jk ~ ~ ~ W _ .i '~`'f tilz ' ,i. ~ I, ~ I~ - ~ ~ __~ .: _- _.. ~- ~,. Q _,' _.:_ .:_ ,; _: -z+~ ~.._ -.~ .' .. .~ Q ___. ,- .».. .- ..... ~ _ _ __~ E 5 -. -., -. ~~~ - ~_ ~~. _~ '~ Legend Residential ~_~~ Residential High ( institutional Special Designations .~ _ rJ Residential Urban ~ Water ,~__~ Public /Semi-Pubic 'Trans ortation / Utlh ~ p ty ,: _. .... t Residential Low Medium Preservation ' _ Drainage Feature Overlay ,_ ~~ ~ - Residential Medium Recreation /Open Space ~ Transportation/Utility Overlay Map 4 -Current Countywide Plan Map Residential Medium with Transportation/Utility Overlay FROM: and Water/Drainage Feature Overlay NORTH Residential Medium with Transportation/Utility Overlay 1 " = 150 ' TO: and Water/Drainage Feature overlay CASE #: CW09-27 AREA: 0.65 JURISDICTION: Clearwater __ t..... z:~>:.~~:I;. • Legend Residential °'fi ~ Residential High ~ Institutional Special Designations Residential Urban Public /Semi-Public ~ !Water _ _~ Transportation/Utility' - Residential Low Medium ~~ Preservation - _~==• Drainage Features ~_ _ i Residential Medium RecreationlOpen Space ®Transportation Utility Map 5 -Proposed Countywide Plan Map - Residential Medium with Transportation/Utility Overlay NORTH FROM: and Water/Drainage Feature Overlay 1 " = 150 ' TO: Residential Medium with Transportation/Utility Overlay and Water/Drainage Feature Overlay ~ h;tiFL.AS I't?~ "~ N l t~C; CASE #: CW09-27 AREA: 0.65 JURISDICTION: Clearwater t....~ c::oc~~,: ~ ~ • Support Document 1 DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER SUBMITTING GOVERNMENT ENTITY: CITY OF CL.EARWATER PPC OR CITY/TOWN CASE NUMBER: PROPERTY OWNERS: REPR.F;SENTATIVE: - ---- LU72009-07002 CLEARINA"TER VILLAGE, LLC MICHAEL DELK, CITY OF CLEARWA'fER PLANNING & DEVELOPMENT DEPARTMENT ANY OTHER PERSONS HAVING ANY OWNERSIIIP INTEREST IN THE SUBJECT PROPERTY: No. Interests: Contingent: Absolute: Name: Specific Interest Held: LNDICATION AS TO WILETHER A CONTRACT EXISTS FOR SALE OF SLTB:IECT FROPERTY, IF SO: No_ Contract is: Contingent:. All Parties To Contract: Name: Absolute: INDICATION AS TO WHETHER THERE ARF, ANY OPTIONS TO PURCHASE SUBJECT PRROPERTl', IF SO: None. Name: Name: ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NU.MB.ER TO BE ASSIGNED BY PLANNING COtJ.NCiL STAFF S: (Planning DeprrrhnenttC D Bt[,and Use AmenrlmentsiLGl2009!LC/Z2009-07002 - [)8(I Kings Highway -City Of C[ean~•a1en.PPCiLCiL2009-07002 PPC Disclasnre Statement, Doc r r. Suppart Document 2 APPLICATION FOR COUNTYWIDE FUTt)RF :LAND USE PLAN AMENDMENT Please include all information. below to ensure the application for Countywide Plan Map amendment can be processed. If additional space is needed, please number and attach additional sheets. Countywide Plan Map Information 1. Current Countyw7de FLU.P Designation(s) Residential Medium (RM) Proposed Countywide FLUP Designation(s) "i'ransportation/Lltility Overlay and Drainage Feature Overlay with existing .Residential Medium (RM) Local Plan Map Information 1. Local Map Amendment Case Number 2. Current Local Plan Designation(s) ~_ Current Local Zoning Designation(s) LU7_,2009-07002 Residential Medium (RM) Medium Density Residential (M.DK) 4. Proposed Local Plan Designation(s) Transportation/Utility Overla • and Drainage Feature Overlay tivith existing Residential Medium (RM) 5. Proposed Local Zoning Designation(s) N/A Site and Parcel .Information 1. Parcel number(s) of area(s) proposed to be amended - SeclTwp/Rng/SubBlk/Lot (and/or legal description, as necessary) 03-29-15-5554$-000-0091 2. Location. A portion of 19130 Kings ~Iighway 3. Acreage 4. F,xisting use(s). Existing density and/or floor area ratio 6. Name of project (if applicable) 0:65 acres Vacant FAR 0.50 None at this time Local Action 1. Date local ordinance was considered at public hearing and authorized. by an affirmative vote of the goven~ing body for transmittal of, and concurrence with, the local government future land use plan map amendment. November 17 2009 2. If the local government chooses to submit a development agreement in support of this application, the date the agreement i~as wpprcved at public hearing by the legislative body. Any development agreement submitted as part of an application for Countywide Plan Map amendment may become a condition of approval of the amendment and will be subject to the provisions of Section 5.1.4 of the Countywide Rules. N/A Other Items to Include 1. Cover letter or email to the Executive Director indicating the request for Countywide Plan Map amendment, including ordinance number, ordinance status, and local action to date. 2. Copy of local ordinance. 3. If applicable, a copy of the development agreement approved by the legislative body and executed by the applicant property owner and other private party(ies) to the agreement. 4. Disclosure of Interest Statement. 5. Staff report. 6. Local plan and zoning maps showing amendment area. 7. If applicable, proposed demarcation line for environmentally sensitive areas. Forms available online at www.Pi»c7lasplanningcvz~izcil.org/amendnzent.htm ~- -~ J COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 20, 2009 DRAFT Present: Nicholas C. Fritsch Chair Thomas Coates Vice Chair Jordan Behar Board Member Frank L. Dame Board Member Richard Adelson Board Member Brian A. Barker Board Member Norma R. Carlough Acting Board Member Absent: Doreen DiPolito Board Member Also Present: Gina Grimes Attorney for the Board Leslie Dougall-Sides Assistant City Attorney Michael L. Delk Planning Director Gina Clayton Assistant Planning Director Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 15, 2009 Member Behar moved to approve the minutes of the regular Community Development Board meeting of September 15, 2009, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1-8) 1. Case: FLD2009-08025 - 490 Mandalay Avenue Level Two Application Owner/Applicant: Mary G. Realty, Inc; North Beach Wine & Spirits, Inc. Agent: Katherine Cole, Esq., Johnson, Pope, Bokor, Ruppel 8~ Burns, LLP. (911 Chestnut Street, Clearwater, FL 33756; phone: 727-461-1818). Location: 0.40 acre located at the southwest corner of Mandalay Ave. and Baymont St. Atlas Page: 267A. Zoning: Tourist (T) District. Request: Flexible Development approval to permit a change of use from restaurant to alcoholic beverage sales within the Tourist (T) District within an existing 6,254 square-foot shopping center with 26 off-street parking spaces and no changes to the building height, structure setbacks, or building as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2-803.C. Proposed Use: Alcoholic Beverage Sales. Community Development 2009-10-20 ~ _ • See Exhibit: Staff Report HIS2009-00001 2009-10-20. See below for motion to recommend approval. 6. Case: HIS2009-00002 - 405 Cleveland Street Level Three Application Owner/Applicant: City of Clearwater Agent: Ivan A. Rodriguez, Heisenbottle Architects, P.A. (2199 Ponce De Leon Blvd, Suite 400, Coral Gables, FL 33134; phone: 305-446-7799; fax: 305-446-9275). Location: 0.1444 acre located on the south side of Cleveland Street approximately 50 feet east of Osceola Avenue. Atlas Page: 286B Zoning: Downtown (D) District. Request: Historic designation of 405 Cleveland Street (Parcel Number 16-29-15-20358-002- 0070), under the provisions of Section 4-607.F Existing Use: Theater Neighborhood Associations: Downtown Development Board, Clearwater Neighborhoods Coalition. Presenter: Gina L. Clayton, Assistant Planning Director. See Exhibit: Staff Report HIS2009-00002 2009-10-20. The City was thanked for saving this important historic structure. See below for motion to recommend approval. 7. Case: LUZ2009-07002 - A Portion of 1980 Kings Highway Level Three Application Owner/Applicant: Clearwater Village LLC/City of Clearwater Agent: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; phone: 727-562-4567). Location: 2.21 acres located on the west side of Kings Highway approximately 112 feet south of Woodlawn Terrace. Atlas Page: 251 B. Zoning: Medium Density Residential (MDR) District. Request: Application from The City of Clearwater for Future Land Use Plan amendment approval for a portion of one parcel located at 1980 Kings Highway (Parcel Number 03-29-15- 55548-000-0091), to add the Transportation/Utility Overlay and Drainage Feature Overlay categories to the existing Residential Medium (RM) land use. Type of Amendment: Small scale. Proposed Use: Vacant. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. See Exhibit: Staff Report LUZ2009-07002 2009-10-20. Acting Member Carlough moved to recommend approval of Cases CPA2009-07001, HIS2009-00001, HIS2009-00002, and LUZ2009-07002 on today's Consent Agenda based on evidence in the record, including the applications and the Staff Reports, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Reports. The motion was duly seconded and carried unanimously. Community Development 2009-10-20 4 t Clearwater U Revised 10/19/2009 CONSENT AGENDA COMMiTNITY DEVELOPMENT BOARD Date: Tuesday, October 20, 2009 Time: 1:00 p.m. Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may aillllvllc,e a reasviiavi~, aiuvuii~ vi uui~. up w iv iiiiiiuwu. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. as they are distracting during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Community Development Code Section 4- 206 requires that any person seeking to: personally testify, present evidence, argument and witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. www.myclearwater.com/ o~epts/planning Community Development Board Agenda -October 20, 2009 -Page 1 of 4 ~ • • A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Behar, Dame, DiPolito, Alternate Member Carlough, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 15, 2009. D. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting (Items 1-7): 1. Case: FLD2009-08025 - 490 Mandalay Avenue Level Two Application Owner/Applicant: Mary G. Realty, Inc; North Beach Wine & Spirits, Inc. Agent: Katherine Cole, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP. (911 Chestnut Street, Clearwater, FL 33756; phone: 727-461-1818). Location: 0.40 acres located at the southwest corner of Mandalay Avenue and Baymont Street. Atlas Page: 267A. Zoning: Tourist (T) District. Request: Flexible Development approval to permit a change of use from restaurant to alcoholic beverage sales within the Tourist (T) District within an existing 6,254 square foot shopping center with 26 off-street parking spaces and no changes to the building height, structure setbacks, or building as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2-803.C. Proposed Use: Alcoholic Beverage Sales. Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. 2. Case: FLD2007-06024 -1200 Rogers Street Level Two Application Owner/Applicant: John H. Meek, Jr. Agent: Renee Ruggiero, Northside Engineering Services Inc. (300 S. Belcher Road, Clearwater, FL 33765; phone: 127-443-2836; fax: 72.7-446-8036). Location: 0.154 acres located on the east side of Missouri Avenue at the northeast corner of Rogers Street and Missouri Avenue. Atlas Page: 296B. Zoning District: Commercial (C) District. Request: Extend the time frame of the Development Order. Proposed Use: Off Street Parking Lot. Presenter: A. Scott Kurleman, Planner III. 3. Case: TA2009-03006 -Amendments to the Community Development Code and the Code of Ordnances Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code and the Code of Ordinances to implement EAR-Based Amendments to the Comprehensive Plan, to bring consistency between the Countywide Plan Rules and the Community Development Code; to increase the maximum height from 36 inches to 48 inches for non-opaque fences in waterfront yards, and to address other minor editorial changes. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Sandra E. Herman, Planner III. Community Development Board Agenda -October 20, 2009 -Page 2 of 4 4. Case: CPA2009-07001 Amendments to the Comprehensive Plan Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to the Comprehensive Plan to update the Capital Improvements Element consistent with the City's FY2009/10 CIP Budget and the reference to the School District's Five-Year Work Program of FY2009/10 through 2013/14 as proposed for adoption by the School Board on September 15, 2009. Type of Amendment: Separate submittal to State DCA -exempt from large-scale submittal process Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Sandra E. Herman, Planner III. 5. Case: HIS2009-00001 - 401 Cleveland Street Level Three Application Owner/Applicant: City of Clearwater Agent: Ivan A. Rodriguez, Heisenbottle Architects, P.A. (2199 Ponce De Leon Blvd, Suite 400, Coral Gables, FL 33134; phone: 305-446-7799; fax: 305-446-9275). Location: 0.065 acres located on the southeast corner of Cleveland Street and Osceola Avenue. Atlas Page: 286B Zoning: Downtown (D) District. Request: Historic designation of 401 Cleveland Street (Parcel Number 16-29-15-20358-002-0071) under the provisions of Section 4-607.F. Existing Use: Office Neighborhood Association(s): Downtown Development Board, Clearwater Neighborhoods Coalition. Presenter: Gina L. Clayton, Assistant Planning Director. 6. Case: HIS2009-00002 - 405 Cleveland Street Level Three Application Owner/Applicant: City of Clearwater Agent: Ivan A. Rodriguez, Heisenbottle Architects, P.A. (2199 Ponce De Leon Blvd, Suite 400, Coral Gables, FL 33134; phone: 305-446-7799; fax: 305-446-9275). Location: 0.1444 acres located on the south side of Cleveland Street approximately 50 feet east of Osceola Avenue. Atlas Page: 286B Zoning: Downtown (D) District. Request: Historic designation of 405 Cleveland Street (Parcel Number 16-29-15-20358-002-0070), under the provisions of Section 4-607.F Existing Use: Theater Neighborhood Association(s): Downtown Development Board, Clearwater Neighborhoods Coalition. Presenter: Gina L. Clayton, Assistant Planning Director. 7. Case: LUZ2009-07002 - A Portion of 1980 Kings Highway Level Three Application Owner/Applicant: Clearwater Village LLC/City of Clearwater Agent: Michael Delk, Community Development Coordinator (100 South Myrtle Avenue, Clearwater, FL 33756; phone: 727-562-4567). Location: 2.21 acres located on the west side of Kings Highway approximately 112 feet south of Woodlawn Terrace. Atlas Page: ZS1B. Zoning: Medium Density Residential (NIDR) District. Request: Application from The City of Clearwater for Future Land Use Plan amendment approval for a portion of one parcel located at 1980 Kings Highway (Parcel Number 03-29-15-55548-000-0091), to add the Transportation/Utility Overlay and Drainage Feature Overlay categories to the existing Residential Medium (RM) land use. Type of Amendment: Small scale. Proposed Use: Vacant. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. Community Development Board Agenda -October 20, 2009 -Page 3 of 4 E. LEVEL TWO APPLICATION (Item 1): 1. Case: FLD2009-08024 - 25020 U.S. Highway 19 North Level Two Application Owner/Applicant: U. S. 19 Group, LLC; Linda P. Windham. Agent: Kelly Puttonen, Rent First Realty Inc. (P.O. Box 272670, Tampa, FL 33688-2670; phone: 813- 629-0255). Location: 1.58 acres located on the west side of U.S. Highway 19 North approximately 3,100 feet north of the intersection of Sunset Point Road and U.S. Highway 19 North. Atlas Page: 243B. Zoning: Commercial (C} District. Request: Flexible Development approval to permit a change of use from retail sales and services to animal grooming and boarding within the Commercial (C) District within an existing 18,022 square foot shopping center with 82 off-street parking spaces and no changes to the building height, structure setbacks or building, as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code Section 2-704.C. Proposed Use: Animal Grooming and Boarding. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. F. CONSIDERATION OF APPEAL (Item 1): 1. Case: APP2009-00006 - 2325 Stag Run Boulevard Owner/Appellant: Gerald Mitchell (2325 Stag Run Boulevard, Clearwater, FL 33765; phone: 727- 724-6453). Location: 0.234 acres located on the southeast side of Stag Run Boulevard, approximately 670 feet southwest of Wetherington Road. Atlas Page: 272A. Zoning: Low Medium Density Residential (LMDR) District. Request: An appeal from a Level One (Tree Removal Permit) denial decision pursuant to Community Development Code Section 4-SO1.A.4, that a request to remove one laurel oak tree in conjunction with the construction of a swimming pool and deck does not meet the removal criteria set forth in Community Development Code Section 3-1205 B.2.a. Existing Use: Detached Dwelling. Neighborhood Association(s): Coachman Ridge Homeowners and Clearwater Neighborhoods Coalition. Presenter: Richard J. Albee, Land Resource Specialist. G. DIRECTOR'S ITEM: (Item 1): 1. Holiday Luncheon H. ADJOURNMENT S: IP[anning DepartmentlC D BlAgendas DRC & CDBICDBI2009110 October 20, 20091 CDB Consent Agenda October 20, 2009.docx Community Development Board Agenda -October 20, 2009 -Page 4 of 4 ~... ~ ~ • CITY OF CLEARWATER PUBLIC HEARING NOTICE LAND USE PLAN AND ZONING ATLAS AMENDMENTS NOTE: All persons wishing to address an item need fo be present at the BEGINNING of the Community Development Board meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent a_penda and approved by a single vote at the beginnin_g of the meeting. The City of Clearwater, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 8116-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF KINGS HIGHWAY APPROXIMATELY 112 FEET SOUTH OF WOODLAWN TERRACE, CONSISTING OF A PORTION OF THE FLORIDA POWER CORPORATION EASEMENT, A PORTION OF THE DRAINAGE EASEMENT AND A PORTION OF LOT 9, LESS THE EAST THIRTY FEET IN E.A. MARSHALL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1980 KINGS HIGHWAY, FROM RESIDENTIAL MEDIUM (RM) TO TRANSPORATION UTILITY OVERLAY AND DRAINAGE FEATURE OVERLAY WITH EXISTING RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE. The proposed ordinance will affect the land area shown on the map in this advertisement: (INSERT MAP HERE) Schedule of Public Hearings: Tuesday, October 20, 2009 before the Community Development Board, at 1:00 p.m. Tuesday, November 17, 2009 before the City Council (1St Reading), at 6:00 p.m. Thursday, December 3, 2009 before the City Council (2"d Reading), at 6:00 p.m. All public hearings on the ordinances will be held in Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave, Clearwater, Florida. (Clearwater Village LLC) LUZ2009-07002 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Council for final disposition. Five days prior to the CDB meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the Planning Department 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater ~. , -~,, • P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. To learn more about presenting to Clearwater boards and City Council, go to http://Clearwater.granicus.com/ViewPublisher.ghp?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 10/8/09 & 11/20/09 4h jy.LPINE RD LLC C/O SCHWARTZ, GREGORY E 2139 NE COACHMAN RD CLEARWATER FL 33765 - 2616 AMMON, DEREK 1409 ALPINE RD # 11 CLEARWATER FL 33755 - 1209 ANTOINE, DOMINIQUE A ANTOINE, CHANDA M 1949 KINGS HIGHWAY CLEARWATER FL 33755 - 1528 CABILAN, ALBERTO III GARRETT, MARCUS 6947 DAY ST TUJUNGA CA 91042 - 2065 L~009-07002; 76 ALLEN, DENNIS L KIPPING, KATHLEEN J 2006 RIDGELANE RD CLEARWATER FL 33755 - ~~ . ALPINE CONDO ASSN INC 3600 GRAND AVE STE 102 COCONUT GROVES FL 33133 - 1264 4962 AMMON, DEREK 1409 ALPINE RD # 15 CLEARWATER FL 33755 - 1209 BANK OF NEW YORK THE 7105 CORPORATE DR # PTX- C-35 PLANO TX 75024 - CHEN, JERRY 2009 FREEDOM DR CLEARWATER FL 33755 - 1295 ANTOINE RICHARD G & ORHONDA ANTOINE, RICHARD GEORGE THE 1932 BARBARA AVE CLEARWATER FL 33755 - 1501 BERGER, DAISY MARYLYNN SCHOELLER, SHAWN MICHELLE 632 DREW ST CLEARWATER FL 33755 - CHEN-SHUE, SAMORA 1409 ALPINE RD # 7 CLEARWATER FL 33755 - 1209 CHINA, JOHN E CHOINIERE, BENOIT O CLEARWATER VILLAGE LC 1422 BYRAM DR 1600 MISTY PLATEAU TRL 1968 BAYSHORE BLVD CLEARWATER FL 33755 - 1504 CLEARWATER FL 33765 - 1826 DUNEDIN FL 34698 - 2500 CLEARWATER VILLAGE LC CLEARWATER VILLAGE LC CLEARWATER VILLAGE 1988 FREEDOM DR 423 CLEVELAND ST 1968 BAYSHORE BLVD CLEARWATER FL 33755 - 1293 CLEARWATER FL 33755 - 4005 DUNEDIN FL 34698 - 2500 COLEMAN, LOU ETTA COLLEWIJN, ROBERT J COOPER, DEBRA L PETERSON 1961 FREEDOM DR COOPER, J C COLEMAN, ALEXANDER M CLEARWATER FL 33755 - 1294 1408 BYRAM DR 1956 BARBARA AVE CLEARWATER FL 33755 - 1504 CLEARWATER FL 33755 - 1501 CRIBBS, ROBERT DAY, ANNE E DI IORIO, TIFFANY ANN CRIBBS, MARY 1401 BYRAM DR HERO, DONALD R 1436 BYRAM DR CLEARWATER FL 33755 - 1505 1400 BYRAM DR CLEARWATER FL 33755 - 1504 CLEARWATER FL 33755 - 1504 DONOHOE, NOEL U FIDELIA, JACQUES A JR GARDEN LAKE CONDO ASSN 150 SEMINARY DR # 1 B 1409 ALPINE RD # 14 INC MILL VALLEY CA 94941 - CLEARWATER FL 33755 - 1209 3369 BRIAN RD S PALM HARBOR FL 34685 - 2106 GETCHELL, JOHN E GLASER, PETER GOODMAN, KATHRYN GETCHELL, JUDITH L HSU, YACHEN SIMONE 9757 NORTH SPRINGS WAY 1447 RIDGELANE RD 1974 FREEDOM DR CORAL SPRINGS FL 33076 - CLEARWATER FL 33755 - 1262 CLEARWATER FL 33755 - 2410 'F~iHLL,~HUGH 16941 SW 119TH CT MIAMI FL 33177 - 2119 HUERTA,PASCUAL 1949 BARBARA AVE CLEARWATER FL 33755 - 1502 LAUTH, THOMAS M 1456 BYRAM DR CLEARWATER FL 33755 - 1504 MALNATI, GEORGE A 1835 N KEENE RD CLEARWATER FL 33755 - 2314 •HANEY, J BRUCE SR 1800 PALMCREST LN CLEARWATER FL 33764 - 6444 JOHNSON, JERRY F 1950 BARBARA AVE CLEARWATER FL 33755 - 1501 LENNOX, FRANK T 2035 KINGS HIGHWAY # 23 CLEARWATER FL 33755 - 1242 MARCOS, ESTEBAN AGULIAR DE MARCOS, EPIFANIA MEJAY 1423 PIERCE ST # 401 CLEARWATER FL 33755 - •HILEMAN, BARBARA 1938 BARBARA AVE CLEARWATER FL 33755 - 1501 LANGENFELD, JAMES M LANGENFELD, PAULA R 89 EAGLE DR TIFTON GA 31793 - 6838 LOTZ, ALBERT F III LOTZ, BARBARA SAGER 978 S GRAMERCY PL LOS ANGELES CA 90019 - 2153 MC NEILL, BARBARA J HENRY, LINDA G 1430 BYRAM DR CLEARWATER FL 33755 - 1504 MC PHERSON, JAN MENDOZA, OSVALDO NESS, JOHN C 4621 NW 90TH AVE APT 510 NESS, FRANCES SUNRISE FL 33351 - 5386 11930 N BAYSHORE DR 1966 FREEDOM DR NORTH MIAMI FL 33181 - 2930 DUNEDIN FL 34698 - 2500 NEUMANN, SYLVIA OLT, PETER OSTRANDER, SONDRA L 5948 RUSSELL LN PO BOX 1259 OSTRANDER, JOHN T FORESTVILLE CA 95436 - 9631 CLEARWATER FL 33757 - 1259 1944 BARBARA AVE CLEARWATER FL 33755 - 1501 PATHWAYS COMMUNITY RAHMA, JAMAL RAMOS, SERAFINA CHURCH INC 1409 ALPINE RD # 12 1931 KINGS HWY 1390 SUNSET POINT RD CLEARWATER FL 33755 - 1209 CLEARWATER FL 33755 - 1528 CLEARWATER FL 33755 - 1534 REICHEL, BERNARD K JR RON, IRAD SALHOTRA, SUNIL KUMAR 1957 FREEDOM DR RON, HAGIT RAVIV 115-B 2ND AVE CLEARWATER FL 33755 - 1294 631 N STEPHANIE ST # 384 JOSLIN SA 5070 00004 - HENDERSON NV 89014 - 2633 AUSTRALIA SAMPSON, KIM I ~ SECUNDINO, ISRAEL SECUNDINO, MOISES T SAMPSON, RICHARD A CHAVEZ, MERCEDES PIOQUINTO, EUFEMIA 15181 SW 128TH AVE 1965 KINGS HIGHWAY 2462 STAG RUN BLVD MIAMI FL 33186 - 6392 CLEARWATER FL 33755 - 1529 CLEARWATER FL 33765 - 1832 SHANNON, DONNA F SUNSHINE PROPERTIES PIN TOURJE, DAVID C & LINDA 503 CLEVELAND ST INC REV TR CLEARWATER FL 33755 - 4007 PO BOX 8809 1114 GARFIELD AVE SEMINOLE FL 33775 - 8809 SOUTH PASADENA CA 91030 - 3422 URN~3OW, JACQUELYNE •ULETT, BEVERLY S •ULETT, MARLON 1950 CARLOS AVE 3320 SW 194TH TER 15203 GALDI DR CLEARWATER FL 33755 - 1510 MIRAMAR FL 33029 - 5813 ORLANDO FL 32828 - 5251 VALTIN, PATRICK VEGA, JOSE A VELKY, SCOTT M VALTIN, CHANTAL VEGA, NITZA I 4636 ORANGE GROVE WAY 1988 FREEDOM DR 1956 CARLOS AVE PALM HARBOR FL 34684 - CLEARWATER FL 33755 - 1293 CLEARWATER FL 33755 - 1510 WAGNER, WENDY WALBY, MICHAEL A WATERS, JAMES L 2000 GULF BLVD # 9 WALBY, KAREN P 2451 BOND AVE INDIAN ROCKS BEACH FL 404 E ASH ST CLEARWATER FL 33759 - 1200 33785 - PERRY FL 32347 - 2105 WATROUS & CO 231 WINDWARD ISL CLEARWATER FL 33767 - WHITSON, EDMUND S JR 231 WINDWARD ISL CLEARWATER FL 33767 - 2326 WINKLER 2007 IRREVOCABLE TRUST 4009 AUDUBON DR LARGO FL 33771 - WINSOR, ANDREW WINSOR, MARYANN 32 DEER RUN RD BELLINGHAM MA 02019 - 2146 ~~ . T J' 1 ~~'~ y_.:,, .w { ~ ~y J ~ ~ .. = r o ~~ _x c v o a, V ~ a ~ i ^ ~.~ a~ T ~ x . ~ i s C T ~ x ,. :~ a '~ n a a , r a7 y N ~ T O ~~ '~~ D~yx _ ''1^ S _~ (C o ~ ~ _~ ~ ~' a o "~ rT .'~' w O ~ ~ O '11 3" N o n > ~~ T a ~ a oa = ~- ~ _'+ ' 3 ca a a w ~~ + a ~ ~~ o°a ° { 3 z0 a. N n ~ 3 Q~ ~o o~ a ,* 2 ,,, le ~ `'' anti ~~ o _ ti 2 ~ ~ `b ~ 4 Lv1 Y b Q Q ~~ ~ ~~ 3 „'1 0 \ . T c a n t.' T ti .e o r a ~ Sj ~ k i 'gym a ~ ~sY ~) r ~+t ~ ~ ~ ~, ; ~- Case Number: LUZ2009-07002 - 1980 KINGS HIGHWAY Owner(s): Clearwater Village Llc 1988 Freedom Dr Clearwater, FI 33755 TELEPHONE: No Phone, FAX: No Fax, E-MAR,: No Email Location: 2.21 acres located on the west side side of Kings Highway approximately 112 feet south of Woodlawn Terrace. Atlas Page: 251B Zoning District: MDR,Me dium Density Residential Request: Application from The City of Clearwater for Future Land Use Plan amendment approval for a portion of one parcel located at 1980 Kings Highway (Parcel Number 03-29-IS-55548-000-0091), to add the Transportation/Utility Overlay and Drainage Feature Overlay categories to the existing Residential Medium (RM) land use. Proposed Use: Vacant Neighborhood No Neighborhood Assocation Data Association(s): Presenter: Cate Lee, Planner II Attendees Included: The DRC reviewed this application with the following comments: General Engineering: 1 . No issues. Environmental: I . No issues. 2 . No Issues. Fire: No Comments Harbor Master: No Comments Legal: No Comments Land Resources: No Comments Landscaping: No Comments Parks and Recreation: No Comments Stormwater: 1 . The stormwater criteria of City of Clearwater and other agencies having jurisdiction over the project, such as SWFWMD or DEP shall be met at the time of development and/or redevelopment. Solid Waste: No Comments Traffic Engineering: I . no issues 2 . No issues. Planning: No Comments Other: No Comments Notes: Development Review Agenda -Thursday, September 3, 2009 -Page 7 DRC Acrion ltiieMe I.1