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LUZ2006-08004• LUZ2006-08004 1980 HINGS HIGHWAY W ZION MISS BAPT CHURL PLANNER OF RECORD: MHR ATLAS # 251 B ZONING: I LAND USE: INS RECEIVED: 08/29/2006 INCOMPLETE: COMPLETE: MAPS PHOTOS STAFF REPORT: DRC CDB: CLW CoverSheet ., l„i o ~/ CITY OF CLEARWATEI~~ APPLICATION FOR ~ -- 1 l ~, r 1~ COMPREHENSIVE PLAN AMENDMENT V`'- ~J (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2°d FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: Ii{Y/~blty ~ /D/l/ /VI t$$/C~~/A2Y ~~~/~~~~ L f1lJJZC~/ MAILING ADDRESS: <! ,®//z ~TLOt/.cli(/El~ ~/ ~ PHONE NUMBER: 7„?7° ~r6I ` 7SZ5~ FAX NUMBER: PROPERTY OWNERS: `V~ t!~ .~/~/ 6 y~! /~S/f7lVll ~`~ >~~PTI Ste"' C- gll1~`C!~ (List all owners) AGENT NAME: ~~,~/t//C1/Z7~ ~C /G~/C~C~ , ~T~ , MAILING ADDRESS: ~~ L'/edc/a NO ~T, ~leB~'YUGc34°s2 ~L ~~~7SS PHONE NUMBER: 7Z7 fO~IB ~Dboz FAX NUMBER: SocET oNORMATION: ©~ /Z 9 //5/~~~ STREET ADDRESS:_ _1/ ~C~ilt-TT~ ~~~ LEGAL DESCRIPTION: PARCEL NUMBER: SIZE OF SITE: ~ ~• Z AClLE$ FUTURE LAND USE .~„_, CLASSIFICATION: PRESENT: CITY OF C ~- REQUESTED: ~ ~/.~I' ZONING CLASSIFICATION: PRESENT ` ~ REQUESTED: ~~~ / / PROPOSED TEXT AMENDMENT: ~//~f/JiJ~~ ~~ I~1~Gt~.e ~~~f ~ ~j ~C7 (use additional paper if necessary) I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my/(our) knowledge. ItLr/. Signature of property owner or representative Signature of property owner or representative / I~ ~~I aoo 009/ RECEIVED STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscri ed before me this /.> day of ~a , A.D.,-~9~g2 to me by ~ ~ ,who is personally known as produced ~~ ~~ /~e~r-s Li C~vI.S~ as identification. C~ Notary my commissian expires: ..~:~~'o~., BEiTY PEARCE s ENT ~8onded Thru Notary Publlc UrWenrriters is ~?,~~ . CITY OF CLEARWAT~~,R ~~ APPLICATION FOR ZONING ATLAS AMENDMENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"d FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: MAILING ADDRESS:~J~~r~,/~,C/TZ©Ic~ii(~~~/ r~ PHONE NUMBER: /t~ / ~ 7~/` ~~~~ FAX NUMBER: PROPERTY OWNERS: GV~II~~ ~/Ort/ ~/ S'~f /DIV,~VZ~ ~,L~~T~~T ~~U/~'I~ ~D C~j /rUS~K'S (List all owners) AGENT NAME: ~E/Z11L~12/~iD~~ ~ L/C C /Ce5//~~~~ ~C) ~ ~J 2 MAILING ADDRESS: ~~3 L1~l~e/mod ~ C~~QY(~~J`iP//L ~! c~~~~c~ PHONE NUMBER: 7Z7 X38 !i®6'Z FAX NUMBER: SITE INFORMATION: LOCATION: Z ` cJ~~~S DOO OD STREET ADDRESS: YIq-L'.4l~lT' G-6T'-' LEGAL DESCRIPTION: J`E~ ~4-7~Ae~~ PARCEL NUMBER ~~J ZS' ~S ~ v!`S ~ EXISTING ZONING: . ~,r~lSTl TZtX7DlYQ l., / ~~ ` PROPOSED ZONING: 7 LAND USE PLAN ~ / !~ !"T~ CLASSIFICATION: i~, SIZE OF SITE: ~~ Zr z ~ e~~s REASON FOR REQUEST -~ / ~C^~~~~~~'~ : M I, the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS representations made in this application Sworn to ands bscribed before me this lS day of are true and accurate to the best of my ub't" , A.D.,-99.~sd to me and/or knowledge. by - ~ f.J.lf'IC who is personally known has produced .~`! ~ 7~r~`f~rs L,`o~e..~-~- as identification. Signature of property 6wner or"representative ~ry public, `~ my commission expires; ~y •• BETTY PEARCE _,; ;ir_ MY COMMISSION # DD 426078 '%~pf?~~~` BondedThruNotaryPubticUnderwriters Page 1 of 2 5~~~~, CITY OF CLEARWA _ rR ~,,I- rs AFFIDAVIT TO AUTHORIZE AGENT ,~_ a 99~'~9TER.~~oR`~~ AP MANN INSERVInCES ULOOPMENOO SOURTH MERTLE AIVENUE~2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: ~, (Addressor General Location) 2. That this property constitutes the property for which a request for a: .~E.~O~t//c~/lg 2 OMl~t/G. /4-7"L.~-S ,~~1~'~nlD~lC`~17~ (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint BE.Pstl~¢26 as (his/thefr) agent s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Properly Owner STATE OF FLORIDA, COUNTY OF PINELLAS / Before me the u'n~d~ers~i~ned, an officer duly commissi ned by t laws of the State of Flo ' a, on this /sue-day of _~ Personally appeared E%~[ t~~ who having been first duly sworn d oses and says that he/she fully understands the contents of the af~f{{davit that he/she signed. ~y,. MY COMM 8S ON #~DD 426078 My Commission Expires: ~:~ EXPIRES' May 5, 2009 '~',~r,;~,• bonded ~ lVoury ~„~ undern~gers S: application forms/development review/Affidavit to Authorize Agent ~. Notary Public ¢, _ '1 _,~ 8 ; ~, - '" -.v Church Ministries Pastor, Dr. LeRoy Howard Chairman, A. Fraizer Clerk, Rhonda Cole Treasurer, A. Merricks Dimctor of Training Rev. J. Seymour Bible Band Director Minister C. Lawrence Minister's Wives Minsitry Hattie Howard, President Sunday School Mary L. Dukes, Supt • Adult Men • Women's Class • College & Career • Intermediate Class • Junior Class • Primary ?£ Beginners Deacon 8 Deaconess Ministry .Ward 1: Adolphus Merricks B. Williams, P. Jelks, I Haynes, .Ward 2; A. Fraser, J. Butler S. Frazier, P. Miller, V. Butler .Ward 3: F. Hinson G. Speed, M. Ware, J. Coleman, S. Coleman .Ward 4: A. Taylor, L. Taylor, S. Johnson, F. Johnson , G. Watkins .Ward 5: Charles Harris; S. Harris, R. Cole, D. Gatewood Mission Ministries .Brotherhood .Senior Women •Infemmediate Women •YWA 8 Jr. Women .Youth Department Other Ministries .Budget 8 Planning .Pastors Aide Ministry .Benevolence Condolence .Van Ministry .Ushers Ministry Mrsic Ministry T. Harrison, Director of Music • Mass Choir .Male Choir, Chorus .Choir Number One •CH Mobfey Choir .Youth Choirs Media Ministry Jeff & Kristre Mack =~i ~_ New Zion Missionary Baptist Church 11 82 Brownell Street, Clearwater, Florida 33756 Church Phone: (727) 461- 7524 email.: newzionmbc@aol.com November 2, 2006 RECEf~® City of Clearwater City Attorney & Zoning Department ~0~ ~ 2 Z0~6 Clearwater City Hall p~~ p~ppR~~ 112 S. Osceola Ave. CIIYOF Clearwater, FL 33756 To Whom It May Concern: This letter is written to confirm that Pastor, Rev. LeRoy Howard, has full permission of the church body, officers, and members, to be the signer on all documents with the Clearwater Village Corporation. Pastor Howard has previously been given authority by the church and Deacons (Trustees) to be a signer on any document that gives Bud Reichel, Sr. Vice-President of Planning, a representative of Clearwater Village, permission to act on the Church's behalf in the manner of rezoning the King's Highway property. In our monthly business meeting, held on Wednesday, November 1, 2006, the church reaffirmed Pastor Howard's position as a signer on all documents with Clearwater Village, which gives Bud Reichel permission to act on the church's behalf for the purpose of rezoning the King's Highway property. Board of Deacons ( stees) -O _ ~~.~-^' Alp gnso L. Frazier Ch~rman Steve Johnson, Co=C-hai an Alton Taylor, Sr. ~ 'IV reeman Hinson C Adolph erricks C ~-'" e Bu er William GleRnn (..~ Jerome Coleman ames Robinson Respectfully yours, ~/~-~L~ ~~ ~tS New Zion r5t~hurch Church Cle~~~~~ Rhonda Cole, Rev. LeRov Howard P Stor ~Z' ;~- ' - - ~. _. .. '- .-. ..,~~-ma~yy [[ ~-y y/~~ .ry ` ~y ~~ • - i1feGLLL:~ i . AI~f~+7Ln) ~ ~{ay~r ~ if .tlJ.l~ i Prepared_by and return to: - - -- - .~^_j eT ^„~ FRSSDOM TITLE AGBNCY, INC. l ~ 635 Cleveland Street ~i ''~~'"t~ - - • i ~ ~: ~Q: ~~ t~' Clearti+ater, FL 33755 • - }~ni~ ~, ;• ~- _ 727-447-7772 - -- TiJ,`_~ _ ~ ~ ~,l __- - __-_ -, ----__x-iii ~A-[~~ - t~fC'• 'Rli. L'WCAL y• - t ~ i%{_• 1' , '± PropeXty Appraisers Parcel IdentiLiration Number:, ~y -~ I~~r ~;~ ' 03/29/15/55548/000/0090 - ' • _ 89-114456 ,D£C-27-1993 1'1 - 41~ #~ D~Q3 •PtNEtiM.i CO ~It It]7$? PG I~ . T?Jsi IadlIIttirR, Made •the a~"'•day of Depeaiber. A.D. 1999. by SUNSBT POINT - ' ~7KPTI51' CHDTtCH 01r •C'I~•,• l2ARID0[, I1iC:, a-f3ortda non-pr+otit tbrpozation, - . - hereinafter called the fiRANTOR. ~ Y _ $I~PTSST CHURC3i, and their successors is office, KITH P!}LI. POMER AND AVlHORITY - 'TO PROR'BCT, COt;88RV8, SBLL, LSAS~, •BNCUMBBR OR OTFiBRl~IISB MANAGE AND DISPOSE OF SAID PROP$RTY, 'whoss post office addXe:ss is 1182 Brownell Street,• Clearwater, ~o='' -Lba-CRA11'- - -• - - - - - -- -- - tles~wr yr ars. tam q+s •aMlO!• W •aYRfP (ael>r X31 tr rteW w tags We:~~re W er Lin. LN.l • tMtpt~tatl~M W ~r3A O! lal~lt~l~. tM t1M reeMeta W Y~I// O! ~M~Ylerl IW~itlA~lly. e11f tfttD 'Trllitti~• M.d - •ooo~• y ...a ~u m 1 ' • • .M>TNSiiSli; 'chat the GRANTOR; for and in conerlderation of the sum of .. i 0.00 • ~r va lu~r3~ t~rst tear.--r~e~#rC aef is 3serei~-- - - - - • - , ackaowledged~, hereby•grants, bargains, selis, aliens, remises, releases, convtye and Confirms unto thE'GRa-?RK$ a11~,haL_ cF,3-tain land in Pi3lsllas .,_ _ _ County, Statr of F1oYida, to~vit: ,~ - ' • SEE'LSGAL DESCRIPTION A!'fACHED ~ ', • l~OG~lB>ZR•with all the tenements,-hezeditaments and appurtenances thereto taelogging or in anyxise appertaining. • - r0 u~ Jl~ rD GOLD, she same in feel simple forever. - •--- AID the 1 ts~with said GRANTEE that tht GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right ' _ and lawful authority to aeit and coavty said land; that the GRANTOEt hereby . fully warrants title to•said land and rill defend the same against the lawful =.Claims of all persons whomsoever; and that said land is free of all _ . enculabranlces, excspt L.aues'accruing suDssquent to Decembar 31, 1~99~ YM MZ?1[~I mil, the said GRANTOR has signed and sealed these -_ prtaents the day and year first~ahove Britten. ' ~ • ° ~ Signtd,{s'ealed and delivered fa our presence: , , - SUNSET POINT BAPTIST CHURCH ' i! tness bF CLEARNATER FLORIDA, INC. - N ess Pri to amr By: r tlitneas l~C.+1«~ •~c. ~ ~ ICs STATE OF FIARIDA _ _ COUNTY OF PINELLAS The fdregoing instrument was acknowledged before me this, t3•~day.of 13iD1~, by ~ ~c~n ` rc~., ~}~Q~~~~A~t ~~ on be a f o sai Sunset Point~Baptist C urcFi o C e~arwater, F~irda, Inc. , who is personally known to me or has produced ~ :_ i~ L r _ as, 'identification. - ' ~, NOTARY PUBLIC _. - My Comm. Expires: ' 1 ossd~ p ewe. - ~rLblNarsw, CGewo2l 1rt~ ~ar••F.aNrr3a aaos * ~MC°"•n's'"" ' v e-- ; ~ .. ~;, ~ . ~. << i i ~ ~ `~l p- ~ . --_~ . 1~ , F ~ ~~ '' " ~^ ~r~, ~~~ ~ ~ ~reec~o m T~ t o Agency, a ~a o{Atlas Crest, Inc. Rea~.~state C~osings - Tit~e Insurance - ~scrows 1465 S. Fort Harrison Avenue, Suite 102, L'~earwater, 1G.L 33756 P~ione(727)447-7772 fax (727)442-8665 ~ECEIVE~ January 17, 2006 Planning Department City of Clearwater Dear Sirs: JAN 17 ZQOt ®LANNIfUG DEPARTMEH'~ CIIYQF Cl~EARWAtER The attached Warranty Deed shows the change of ownership of a lot on Kings Highway in Clearwater. The closing took place on December 22, 2006. The new owner of the property is Clearwater Village, LLC. Sincerely, `~ V~`'~~L~ Mary Beth Nuckols Title Processor l~lil% Not Ds _._~.e_ F } ~~.~~ L; .1AN 1 7 ZQ~'7 } ~; ,~ ~~--~"- .(3e~,fELC~a~e~t<1T SERVf;;:;_~, i.~~.:€~` i ,.sue f?~ CLERR~'!`~ • • Prepazeil by and return to: ATLAS CREST, INC., dba FREEDOM TITLE AGENCY 1465 S. Fort Harrison Avenue, Suite 102 Clearwater, FL 33756 Property Appraisers Parcel Identification Number: 03/29/15/55548/000/0091 WARRANTY DEED KEN BURKE, CLERK OF COURT PiNELLAS COUNTY FLORIDA INST# 2006469570 12/2712006 at 04:42 PM OFF REC BK: 15554 PG: 852-854 DocType:DEED RECORDIAIG: $2TA0 D DOC STAMP: 51925.00 This Warranty Deed, Made the ~ day of December, 2006, by LEROY HOWARD, ADOLPHUS MERRICKS, ALPHONSO FRAZIER, JERRY BUTLER, STEVE JOHNSON, WILLIAM GLEN, CHARLES HARRIS, FREEMAN W. HINSON, ALTON TAYLOR, JAMES ROBINSON and JEROME C. COLEMAN, TRUSTEES OF NEW ZION MISSIONARY BAPTIST CHURCH, hereinafter called the GRANTOR, to LEARWATER VILLAGE, LLC, whose post office address is ~/a 3 C /e ve/a~, d s~' eQ-ru~a.'~ er . rt_ 3 3 ~~'S ,hereinafter called the GRANTEE: (Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the GRANTEE all that certain land in Pinellas County, State of Florida, to-wit: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" Subject to covenants, restrictions, easements of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVEAND TO HOLD, the same in fee simple forever. AND the GRANTORS hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. IN WITNESS WHEREOF, the said GRANTOR has signed and sealed these presents the day and yeaz first above written. Signed, sealed and delivered in our presence: LEROY HOWARD, Trustee N w ZionnMissi(on~ Baptist Church ALPHgNSO FRAZI>~, Trustee New Zion Missionary Baptist Church Baptist Church STE , Ne Zion Mission // 'st Church C~ ILLIAM GLEN, rustee New Zion Missionary Baptist Church ~'. HARLES HA S, Trustee New Zion Missionary Baptist Church r • FREEMAN W. HINSON, Trustee New Zion Missionary Baptist arch AL ON TAYLOR, Trus e New Zion Missionary Baptist Church S ROBINSON, Trustee New Zion Missionary Baptist Church ~' C~Y~ J ROME C: COLEMAN, Trustee New Zion Missionary Baptist Church P US MERRI S, stee New Zion Missionary Baptist Church STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ~a day of December.2006, by LeRoy Howard, Adolphus Merricks, Alphonso Frazier, Jerry Butler, Steve Johnson, William Glen, Charles Harris, Freeman W. Hinson, Alton Taylor, James Robinson and Jerome C. Coleman, Trustees of New Zion Missionary Baptist Church, who are personally known to me or have produced /, ~ as identifica~ian. My Comm. Expires: ~P••'~IdSSIOryF~A9 :~.~ya,,?00~ 9 ~ • LEGAL DESCRIPTION EXHIBIT "A" 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 DEG. 15'17" WEST ALONG THE NORTH LINE OF SAID LOT 9, 30.00 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 00 DEG. 16'06" EAST BEING 30' WEST AND PARALLEL TO THE EAST LINE OF LOT 9 205.00 FEET, THENCE SOUTH 52 DEG. 29'00" WEST 375.75 FEET TO THE WEST LINE OF LOT 9, THENCE NORTH 00 DEG. 15'36" WEST, ALONG SAID WEST LINE OF LOT 9, 437.72 FEET TO THE NORTHWEST CORNER OF LOT 9, THENCE SOUTH 89 DEG. 15'17" EAST, ALONG THE NORTH LINE OF SAID LOT 9, 299.09 FEET TO THE POINT OF BEGINNING. r CITY ®F CLEARWATER APPLICATI®N F®R C®IVIPREHENSIVE PLAN Al11ilENDMENT NEVI/ ZION A/lISSIONARY BAPTIST CHURCH The purpose of this request is to change the zoning from, .Institutional to High Density Residential. The following takes the City's Code and responds to each of the goals there in so that the review committee has to hand the necessary data to insure the there intent and purposes are being met by this request. Section 2501. Intent and purpose. The intent and purpose of the High Density Residential District ("HDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of higher density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the city. The property in question is located adjacent to Kings Highway with HDR Property to the North and Pathways Community Church to the south. Between the two church properties is a buffer zone created by a drainage easement owned by the City and a Power Easement owned by Progress Energy. It is the Intent and Purpose of this request to dramatically improve a residential area that has been long neglected. It should be noted that the proposed development has specific advantages to the local area, increases property values, maintains the environment and above all increases the tax base for the City of Clearwater and is consistent with the City's Development Goals. Section 1-103. General purposes. A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. This request, being consistent with adjacent zoning, provides an opportunity to provide the City with affordable housing in the middle income brackets while at the same time enhancing the value of that adjacent property by providing a facility that is not leased but owned. The planned project is a condominium of 30 units with ancillary facilities (pool and recreation). It is a family oriented, middle income bracket project with aesthetically designed landscaping. B. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by: r • 1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment; The existing property is insufficient in size to support the construction of the New Zion Missionary Baptist Church for which the property was originally intended. Re-zoning allows for the owners to develop the property and by so doing provide the community with quality residential property and raise the funds to allow the Church to expand its existing facilities. 2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; The proposed condominium is of a quality much over the quality of surrounding properties. While the final design is still in concept phase, architectural renderings have been provided for the committee's review. 3. Strengthening the city's economy and increasing its tax base as a whole. C. It is the further purpose of this Development Code to promote economic development, neighborhood revitalization, and regional cooperation to sustain efforts through which development will protect regionally significant water and other environmental resources. The proposed project will not have an adverse environmental impact but rather will greatly improve the area. The Progress Energy Easement to the south of the property will be grassed and kept up by the Condominium Association. This project will not intrude into this easement. Likewise, the City plans in 2008 a reclamation project to the existing drainage in the area that abuts the south border of the property and creates a natural barrier between this property and the Church property to the south. D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. The proposed project, through the Association, insures the property shall remain well maintained; certainly, far beyond the other structures in the area. E. It is the further purpose of this Development Code to: 1. Provide for adequate light, air and privacy; secure safety from fire, flood and other damage; prevent overcrowding of the land and undue congestion of population; and improve the quality of life for the citizens of the city; The proposed project provides the residents with a gated access will provide adequate open space for family recreation and will generally improve the quality of life for the residents. The building will have fire sprinklers (required by Code) and will have the required hydrants. 2 2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. The proposed project, as an extension of the zoning to the north, will allow the development of amulti-family three story building that will meet the goal of orderly development. 3. Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. The review committee will recognize to preservation of land value will be exceeded with the approval of the request. To the best of our knowledge there is no conflict between the use of the land and the proposed development. 4. Provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, with particular regard for safe and efficient vehicular and pedestrian traffic movement. There will be no adverse impact on vehicular traffic aside from that normal and anticipated with this type of development. It is expected the impact fees paid will compensate for any impact. Sidewalks will be provided along Kings Highway. 5. Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings; This project greatly increases the aesthetics of the area and further more, provides new living and ownership opportunities to the middle income bracket there by making it attractive to those wishing to relocate to the city. 6. Provide for open spaces through efficient project design and layout that addresses appropriate relationships between buildings on the project site and adjoining properties, including public rights-of--way and other public places; The proposed access to the project will be from the Clearwater Village private road. Thus the rights-of-way will not be impacted. 7. Protect and improve the quality of water resources and wetlands in both interior and coastal areas and preserve floodplains, drainage ways, and other natural areas having beneficial hydrological characteristics and functions; As mentioned earlier, the City plans on reclamation project to occur in FY 2008 to the drainage easement to the south of the property. No impact to this project will occur. 3 s 8. Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property. 9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property 10. Establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property 11. Enumerate density, area, width, depth, height, setback, coverage and like requirements for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and desired community characteristics; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property 12. Coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, minimum habitable area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city. This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property We look forward to the opportunity to meet with the Committee and answer any questions that the Committee may have. 4 Map Output ~ ~ Page 1 of l Title to dis la on Ma ~~ R G •-'~ East Lake ~~ m ~ ~ „ ~ Palm Harbor +-R ~ IDLENiILC DR ~ - ~ ~ ~ i m Oldsmar c, z + ~ Dunedin 1 ~ ~ ~ m ~ ~ '. _ ~ Safety Ha rbo r _ ~ r ~ ~ - n :^ J t n _ . '~ . Clsanvater .... . . i, ~ . ~` ..~ 1 ~ + - .,.~~.- ~ t.t ~ ~ ' ~ - Belleau ~~ N100DLAWN TER R Belleau Beach Largo Feathsr5ound , r 4 jt~ ~ { y . •+~ ~ t A Harbor Bluffs ` • ~°+,:,t , ti ray .. 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ServiceName=O VMap&ClientVersi o... 8/24/2006 Map Output ~ ~ Page 1 of 1 Title to dis la on Ma East LaKe Palm Harbor O klsma r dunedin ~ safety Harbor Clea rwate r ~• ~ } f ' = m • • a I ~ • C y A • ~ + • Belleair B ll i B h IDLEWILD DR m ~ r ~ r m s aa r eac La o ~ Feather Sound Harbor Bluits r; • • • • • ^ • • ~ m rp + • I C J ' r • • Z ^ • ~ ~ • m ^ ~ • • Legend Hr~ni/~hled Fe~lt.lra ;~ . . + e HDR o _- i' • ~ m • a a + Selected Featu~as .n ^ • • ^ Y ~ • Paresll~l(omYlt~n ~ m WOODLAWN TER ~ streets ^ i~ i8 ~ • • ^ ^ • ~ • • • + 4 ~ ~ ~ Parcels ~ 0 - ' , MDR • ~ . ' ' • ~ _~.-{ • j ~ ^ • ^ a ^ ~ • ^ _ ~ ~` O _ 1 _. ~ • • LMDR ~ • ' ` ~ "''~~ • ® ~~z • + - ~ ~ D „~~ C)S;R • z + • A • . D • o ~ ~ r ST ~`E ST • ~ • • m D ~o ^ • ~ • r A G • E~ ~J • _ . < m . .<, m - o _ • • • • ^ WILSON RD • ~ ' -' ~~ ^ .., ~ .~ I• • I _I , :~~,:. http://msb-gis-int/servlet/com.esri. esrimap.Esrimap? Servi ceName=O VMap&ClientVersio... 8/24/2006 S~'l" 8/29/2006 ~`I`• 4 Receipt #: 1200600000000008823 1.27:19PIVI ~' YJrate:08/29/2006 ~~ ~~ ~~~ Line Items: Case No Tran Code Description Revenue Account No Amount Paid LUZ2006-08003 Land Use & Atlas Amendment 010-341263 885.00 LUZ2006-08004 Land Use & Atlas Amendment 010-341263 885.00 Line Item Total: $1,770.00 Payments: Method Payer Initials Check No Confirm No How Received Amour. k D ~d Check CLEARWATER VILLAGE LC R_D 3819 In Person 75 Check CLEARWATER VILLAGE LC R_D 3818 In Person 750.00 CreditCard BK REICHEL JR R_D 165248 In Person 270.00 Payment Total: $1,770.00 GiTY OF CL41R OCC LIS 1DD S t•1VRTLE AVE i.LEARlJA7ERa FL 33756 ~ BATCH 4O3 S-A-L-E-B D-R-A-F-i 76858213 352353437052 REF: QO11 ~ ORIGINAL CD TYPE: Ar(Ex RECEIVED TR T4'PE: PURCHRSE ' 111U: DATE; A!:D 29, D6 13:2?'13 ~;~~tr", ~ G 2~Ofi ~ PLANNING DEPARTMENT T PITAL ~27E3_ AE3~ CITY OF CLEARWATER AP: 165248 #t:r jr.s?Pj(;T CARD t:4:t?~ CARCii'iEilcFr A..<'+OiilEiiBES R CEIPT OF i~OCDS AEIDrOR SERhI::=S IP( THE flPiOUiiT OF THE TOTAL SHOiiN °~-REOB AilD AOREEB TO PERFORI9 THE 06~ I:~h~IOHS SET FDRTH sv THE CARGhiii'I?Ei'S AuREEh(EHT iJITH THE 1~SUER. . THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. C!JSTOi'IER COPS' Page 1 of 1 I~_J cReceipt.rpt ~~~ S~At~.~ ~ CITY OF CLEARWA~R ~,,i- '~~ AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT- SERVICES ADMINISTRATION 9q<Y,q~p~C~~ MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"" FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 xi~a~ zio~/ mac.«5/oti~2~ ,~~-P~S~- C'~u~~~ (Name of all property owners) 1. That (1 am/we are) the owner(s) and record title holder(s) of the following described property: ~. ,~ ~~~ X77-AC'L~M~7- /Q (Address or General location) 2. That this property constitutes the property for which a request for a: ,~~ .Z ON/~c/l, ' 2 O~l/1 ~(1G. /4- 7"LA-S x~ ill ~nldrUl c`7c17~ (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint BEe~ts~g2b ~E-!C~€~ ~,cz_ as (his/their) agent s) to execute any petitions or other documents necessary to aHed such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (I/we), the undersigned authority, hereby certify that the foregoing is tru and correct. Property Owner Property Owner STATE OF FLORIDA, COUNTY OF t~INt].LAS Before me the u~nd_ersRi~ned, an officer duly commis' ned by laws of the State of Fb ' a, on this ~s~_day of personalty appeared T_ ~~~ who having been first duly sworn ses and~says that he/she fully understands the intents of the affidavit that he/she signed. „ , 8E77Y PEARCE ~'" ~: MY COMMI8810N a DD a2so~e My Commission Expires: f~.~' '~' ' t3a+ a~ E~~t S: application forms/development review/Affidavit to Authorize Agent Notary Public ~~~ `~' C9Tll' ®F CLEARVI-ATER APPLICAI'I®N F®R C®MPREHENSIiOE PLAN AMENDMENT' NEVI/ ZION M/SSIONARY BAPTIST CHURCH The purpose of this request is to change the zoning from, Institutional to High Density Residential. The following takes the City's Code and responds to each of the goals there in so that the review committee has to hand the necessary data to insure the there intent and purposes are being met by this request. Section 2-501. Intent and purpose. The intent and purpose of the High Density Residential District ("HDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of higher density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the city. The property in question is located adjacent to Kings Highway with HDR Property to the North and Pathways Community Church to the south. Between the two church properties is a buffer zone created by a drainage easement owned by the City and a Power Easement owned by Progress Energy. It is the Intent and Purpose of this request to dramatically improve a residential area that has been long neglected. It should be noted that the proposed development has specific advantages to the local area, increases property values, maintains the environment and above all increases the tax base for the City of Clearwater and is consistent with the City's Development Goals. Section 1-103. General purposes. A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. This request, being consistent with adjacent zoning, provides an opportunity to provide the City with affordable housing in the middle income brackets while at the same time enhancing the value of that adjacent property by providing a facility that is not leased but owned. The planned project is a condominium of 30 units with ancillary facilities (pool and recreation). It is a family oriented, middle income bracket project with aesthetically designed landscaping. B. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by: 1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment; The existing property is insufficient in size to support the construction of the New Zion Missionary Baptist Church for which the property was originally intended. Re-zoning allows for the owners to develop the property and by so doing provide the community with quality residential property and raise the funds to allow the Church to expand its existing facilities. 2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; The proposed condominium is of a quality much over the quality of surrounding properties. While the final design is still in concept phase, architectural renderings have been provided for the committee's review. 3. Strengthening the city's economy and increasing its tax base as a whole. C. It is the further purpose of this Development Code to promote economic development, neighborhood revitalization, and regional cooperation to sustain efforts through which development will protect regionally significant water and other environmental resources. The proposed project will not have an adverse environmental impact but rather will greatly improve the area. The Progress Energy Easement to the south of the property will be grassed and kept up by the Condominium Association. This project will not intrude into this easement. Likewise, the City plans in 2008 a reclamation project to the existing drainage in the area that abuts the south border of the property and creates a natural barrier between this property and the Church property to the south. D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted bylaw. The proposed project, through the Association, insures the property shall remain well maintained; certainly, far beyond the other structures in the area. E. It is the further purpose of this Development Code to: 1. Provide for adequate light, air and privacy; secure safety from fire, flood and other damage; prevent overcrowding of the land and undue congestion of population; and improve the quality of life for the citizens of the city; The proposed project provides the residents with a gated access will provide adequate open space for family recreation and will generally improve the quality of life for the residents. The building will have fire sprinklers (required by Code) and will have the required hydrants. 2 • • r~ 2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. The proposed project, as an extension of the zoning to the north, will allow the development of amulti-family three story building that will meet the goal of orderly development. 3. Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. The review committee will recognize to preservation of land value will be exceeded with the approval of the request. To the best of our knowledge there is no conflict between the use of the land and the proposed development. 4. Provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, with- particular regard for safe and efficient vehicular and pedestrian traffic movement. There will be no adverse impact on vehicular traffic aside from that normal and anticipated with this type of development. It is expected the impact fees paid wilt compensate for any impact. Sidewalks will be provided along Kings Highway. 5. Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings; This project greatly increases the aesthetics of the area and further more, provides new living and ownership opportunities to the middle income bracket there by making it attractive to those wishing to relocate to the city. 6. Provide for open spaces through efficient project design and layout that addresses appropriate relationships between buildings on the project site and adjoining properties, including public rights-of--way and other public places; The proposed access to the project will be from the Clearwater Village private road. Thus the rights-of-way will not be impacted. 7. Protect and improve the quality of water resources and wetlands in both interior and coastal areas and preserve floodplains, drainage ways, and other natural areas having beneficial hydrological characteristics and functions; As mentioned earlier, the City plans on reclamation project to occur in FY 2008 to the drainage easement to the south of the property. No impact to this project will occur. • 8. Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property. 9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property 10. Establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property 11. Enumerate density, area, width, depth, height, setback, coverage and like requirements for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and desired community characteristics; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property 12. Coordinate the provisions of this Development Code with corollary provisions relating to parkirig, fences and walls, signs, minimum habitable area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city. This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property We look forward to the opportunity to meet with the Committee and answer any questions that the Committee may have. 4 .,.. _ ~ ~ _ Prepazed_by and return to:. - -- - -- ~ ~'~~ ~ ~-~~j li:41:16 ..IAC FRfiED01~ TITLE AGENC1f, INC. - . -.. ~i~~ r, •~ 1 rj 635 Cleveland Street `~~'`~• Clearwater, FL 33755 _ - l~~ ~~ ~• - t"f ' 727-4~7-7772 .___ }t1i,~ x;' ~± ;ii,'r s.x Property Appraisers Parcel Identification Number: , ~Y -~ J~71![1 .,~~( ' 03/29/15/55548/00010090 _ 99-114•{96 ,DEC-27-1993, 1'7 41 _ o ! l~ _ _ ~ iNEttM ZE! 91f Iti?63 PG i . T$1i/ Ind~atns'~, Made •Ehe orl~'•.day of DeGes~ber, A.D. 1999. 4Y SUNSET POINT " . ' B7KPTI5T CRDRCH 0!' •CLSR•,• MARIDOt, Iii:, a-f3ortda non-profit Lbrporatlon, . • hereLnafter called•the ~ Y _ • $]~P'rIST CHURCH, and their successors is offiC~e, KITH fKFLL POrrER AND AU7HORI'TY - 'TO PRO~!'BCT, CG1188RV8, SBLL, L8A8I~, ~SIiCUMBBR OR OTHERltISE MANAGfi AND DISPOSE OF SAID PROPgRTY, 'whos4 past office addXess is 1182 Brownell 3treet,•Clearwatei, u6.s.we ,..~ rrL tr vs~ •a,,.Alee• ra 'Olalrct• faelar .1I w ~elr m t-a. Ire:~,~e ..~ tr rir., l.rl • sMcprtiel.w .M w3~ sl~1.. W w rmr.at. Mr Wig,. eR oOeM.r.eleri IOOiltl~rilr• cer us •Tr11.'ssp• .a4 •0~710ar• M .rt r..l, m 1 • • • .MiZ719issli; That the GRAIFPOR; for and in conerideration of the sum of .. TI0.00•~s valuabies +~rns#d~rsttaMS; apt aef is 3sarebjr ~ - - -. - , acknowledged, hereby-grants, bargains, sells, aliens, remises, releases, Conveys died Conf lrms uatQ r ` cv>,wrrtg all than- ~•~tain land in P~,sss1_las . ,_ _ _ County, State oL Florida, to-.wit: ' • - .v - • SEE~LBGAL DESCRIPTION ATTACHBD aI' ', •~ !~Gl~•with alI the tenements,-hexeditaments and appurtenances thereto ~elogging or 1n anyxise appertaining. ' • - Zb L~ J~ TD aDLD, t.,,he same in fee simple forever. - . --- 411D the ~ ts~rith said 6RANTEfi that the dRANTOR is lawfully seized of said land 1n fee simple; that the ORANTOR has good right ' and lawful authority to seat and coavty said land; that Lhe c3RANTOg hereby fully warrants titl! to•said Land sad will defend the same against the lawful -..Claims of all persons whpnsoeveF; and that said land is free of all _ . encu+al-rancea, sxCSpt taxes'accruing suhasquent to December 31, 1999_ . I'lt IlZixi~/ ~i, the said GRANTOR has signed and sealed these ~_ presents the day and year first above Qritten. ' . ' 1 , Signtd,'sealed and delivered in our presence: ~ , - SUNSET POINT BAPTIST CHURCH ' w tnte$ OF CLEA~tI1ATER FLORIDA, INC. - '~Ef:'fl ~(~ ~ _ N ess Pri te' ame By: ~ • r . Mitness t~c.~lc.~i~. .c c, Its v ' STATE OF FLORIDA __ - COUNTY OF PINELLAS ~ - The foregoing instrument was ~Cknawledged before me`this ~ day.of ~ • 19~, b3' rk ti+~n _ ~'~`~ 4~~Q__f-~ _~_~c_ an a f o~ Sunset Point Bapt at C urc o C e,~arwate~ori~, Inc., who is personally known to me ar has produced f=+_ i~ L r _ as 'identification. - • ~y L ~ NOTARY PUBLIC _. - My Comm. Expires: ' '~ Ow~r M 6v~ '141+r Con~++raon cceaxlz~ . ~..~ errs Tarr m soon *~'y, y,. c • • P 1t~LLAB 10,, 763 ~ 2S Y . ... - --.. ~ L~fiAi~r _ ITT l , OFF..REC.~y--...: ~--- - •---. ---- ,. _ - .~ - -- - A FDR17d~1 L~F L~l` !, F,A~C.~ FF.. F..A. blA~tSHAI~ St~D~IIJSR,N. #S ~1 RB~OiRD S OR ~I~t.~.~-S~U Y; ~t~bR3DA: - ~ -- - ~ - - - - - ~+o - rLARI.Y DF.9CRI8LD AS Aawows: - ~COMO+IEHCtNG AT THE . - ~~ SAID LOT 9: RiJN NQRTH_=9 DEG. 13' 1T` i1VES7 ALONG'THE NaRT1~I L~'OF SAID LOT 9; X0.00 FEET't~ THEPOINT OF BEGtNNINC~: THF,"NCB SOtJ'I7~1 AO DEG. ~ . 16'06" t:AST BE~QrIG.30'. 9VEST AND FARALIEL TO T~ RAST LtA1E'OF ~L~'T_~ZO~•00 FEET; , - . . ~ - sotrrH ' ~ n.ys'~F,eT To THE ~ ~ ~ LoT ~: ~ ; . NORTH 00, DFti. ' 1 =-iVP.Si' LINE -f3~ -L9~9; •13-3: ~3: fEEf T~'fHE - , - - '-.•-AiORT'HW~-~OORMEROF L~fR' ~, 3F~:S~4 DEG. 33'1T'-E. AWHG--IHE NQ~Tf37.A!lE-OF _ SAID LOT 9, 39'9:09 SEE"[' TO THB POINT OF HF~GfNNiNG. ' •: (7QNYAtNING' 2.2. ACRES I.O.L. . ' ~ ~ ~ - ~ ~_ ~ .. . --- - - ~ ' f -- , --~__ - - - ._ __. __ .~ ~ ' ~ - n t . .o - . ~ ' Pinellas County Public GIS Viewer ~ Page 1 of 1 i .. ra~~ci RCLJVII IVI . - No Address Listed 03/29/15/55548/000/0091 Municipality: Acreage: Tax District: Voter Precinct: Fire District: Evac Level: Census Block: Census Tract: 2ipcode: within 330ft of Eagle Nest: within 660ft of Eagle Nest: ~+* Property Appraiser .y~ ~• { r ~ ,, ~ Tax Collector Clearwa ter 2.21 CW 528 OS -Cle arwater C lOlA 0263 33755 No No Close Window http://pubgis.co.pinellas.fl.us/public_gis/web/parcel_report2.cfm?TYPE=ADDRESS&STNUM=-&STRE... 9/20/2006 -~'; i'Y:,'~s '^~~•`~»z.•N.e,..~..~.ri°'.cir;~u"1'.° r+mV'ru!P _ "_ ... .. - - ~' ..T a-~. _ i. ••r z • •a ~ - - _ ,! , ` . . ~ ~ ~ ~ ~ P It~LLP18 COSY FL~P1 _ . . - - • - - - .. ~ L8~3AI~ r BXHIBTT ~ ~ .OFF . REC .8K , 1OT63 .Pti . i2S Y_ •1 _ v -- A ~RflON flF I.DK` ~ LB9~-III EA~L~ 1F~80B. EA. INARSt~1Li: SV$QMS~N, #S - a - ~ 1~lORI3• l~tli;TiCULJtRLY AS PQ~.LOWS: ' rCOM~-IEIOCtNG AT THE • •~ SAID LOT 9: RIJN NORTH.a9 DEG. i.s' 17'''WEST ALOt4G THE NORTw LDS ~OP SAID LOT 9; 30.00 FEET T4 THE ~P'OlM OF BEGINNING: THENCE SOIJ'I7i 00 DEG. ~ . _ 16'OIF' EAST BEIrIG-30'. 'WEST /lND PAML.iF.L 'PO T~ EAS? LtAIE ~OF ~LA'~'.~...Za3.00 FEET; , ~ • . ~ 'TEiENCE SOVTH ' • ?S.~S~iF'EET TO THE WEST L~I'iB OF LOT 9; 'I'I~ENCE ; I+[~ORTH 00 DBtf.~l -S~til}=-~1Y~i L8~-f~~9T-9;-~13~:~3•fEE'F TO-'£ffE - - - '...-DiOR~-0'OR~ OF LOT 9i, X539 DEC. #S'tF-E, AWLVG~-~E ~b0~3HOP SAID LOT 9, 299:09 FEET TO THE POINT OF BEGINNING. ~ •: ~ . • CONTAINING' Z.Z ACRES Ir~.O.L» . ' ' . ._ - - . - . f- ---- - - - •• -- --- - - - - ---- T-T'- • - . - ~ ' s + l/ t ~ - n •' ~ ~ u ~. «R: 4 ~ r V.~A a $;y ~ ~' ~.~f ! f' ~4 . ~_ Church Ministries Pastor, Dr. LeRoy Howard Chairman, A. Frazzer Clerk, Rhonda Cole Treasurer, A. Merricks Director of Training Rev. J. Seymour Bible Band Director Minter C. Lawrence Minister's Wives Minsitry Hatfie Howard, President Sunday School Mary L. Dukes, Supt • Aduft Men • Women's Class • College & Career • Intem~diate Class • Junior Class • Primary >£ Beginners Deacon 8 Deaconess Ministry .Ward 1: Adolphus Merricks B. Williams, P. Jelks, I Haynes, .Ward 2; A. Frazier, J. Butler S. Frazier, P. Miller, V. Butler .Ward 3: F. Hinson G. Speed, M. Ware, J. Coleman, S. Coleman .Ward 4: A. Taylor, L. Tayor, S. Johnson, F. Johnson , G. Watkins .Ward 5: Charles Hanis; S. Harris, R. Cole, D. Gatewood Mission Ministries .Brotherhood •Senror Women •Intem~ediate Women •YWA & Jr. Women .Youth Department Other Ministries .Budget & Planning .Pastors Aide Ministry .Benevolence Condolence .Van Ministry .Ushers Ministry Music Ministry T. Harrison, Director of Music • MASS Ch01r .Male Choir, Chorus .Choir Number One •CH Mobley Choir .Youth Choirs Media Ministry Jeff & Kristie Mack New Zion Missionary Baptist Church 11 82 Brownell Street, Clearwater, Florida 33756 Church Phone: (727) 461- 7524 email: newzionmbc@aol.com November 2, 2006 ~~~~~~~® City of Clearwater City Attorney & Zoning Department ~Q~ ®2 2006 Clearwater City Hall pLANNtNG p~pp~~~ 112 S. Osceola Ave. CiIYOPCl1At1NfA1~R Clearwater, FL 33756 To Whom It May Concern: This letter is written to confirm that Pastor, Rev. LeRoy Howard, has full permission of the church body, officers, and members, to be the signer on all documents with the Clearvi~ater Village Corporation. Pastor Howard has previously been given authority by the church and Deacons (Trustees) to be a signer on any document that gives Bud Reichel, Sr. Vice-President of Planning, a representative of Clearwater Village, permission to act on the Church's behalf in the manner of rezoning the King's Highway property. In our monthly business meeting, held on Wednesday, November 1, 2006, the church reaffirmed Pastor Howard's position as a signer on all documents with Clearwater Village, which gives Bud Reichel permission to act on the church's behalf for the purpose of rezoning the King's Highway property. I Board of Deacons (~-t><stees) _---.--_._ tit ~_ ~_.,.- ~.._ ~` _ r-' ...C' . Alp gnso L. Frazier Cht~rman Steve Johnson, Co-Cha' an Alton Taylor, Sr. Freeman Hinson _ ~. Adolph s erricks . e ~ . ~~~., ~...., . eif Bu er ~. , @..,e William Glenn ~~_ Jerome Coleman ames Robinson Respectfully yours, r ~ ~ l:~-lt-~~S ~-~ ~ S New Zion Mis ' hhurch Church Clet~k.~ ~~ _ Rhonda Cole, ~ )~ l `` Rev. LeRov Howard Pdstor W.O. 3931 BOUNDARY SURVEY SEC110N 3. TWP. 29 S., RGE. 15 E. PINELLAS COUNTY, FLORIDA A PORTION OF LOT 9. LFSS THE EAST 30 FEET TFFJtEOF, EA. MARSHALL BDgS t. TNS SLIMY MS POE01^1ED MTNOUT THE BOEFIi Oi A TTUE SUBDMSION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF aowTYDrt uo Is To [wsosaTS, ware-or-N~r. ENO o7Ntx PNELLAS COUNTY, FLORIDA: BEMIG YORE PARTCULARLY DESCRIBED AS MATIFAS d= a[cam 711AT ~ nTUi SEAw11 Ig1T olga.OBE. FTxLOMIS: COYIAENgNG AT THE NORTHEAST CORNER OF SND LOT 9: RUN NORTH 89 DEG 1S'1Y YIEST KONG THE NORTH LINE OF SND LOT 9; 30.00 2 PLP-111E7PIC iEATUwi3 SlIOQ~ N[wao^ 1411E OE1EnYNm BY STAIOARD FEET TO THE PONT OF BEgNNING; THENCE SOUTH 00 DEG 18.06" EASE BEING r1F1D ~ ^Enloos 30t HEST AND PARAUEL TO THE EAST LINE Of LOT 9. 203.00 FEET: THENCE SOUTH S2 DEG 29'00' WEST 373.75 FEET TD TFE WEST LINE OF LOT 9; i EMS1S OF BEAPoNPS IS T!E EAST U^E ar SF7Cl10N ; TOM61N 7D THENCE NORTH 00 OEG 15'36' WEST, ALONG SND NEST LINE OF LOT 9, X37.72 5anll, ^A^IIE 1e EAST, eE116 s 00'1YOK G FEET TO THE NORTHWEST CORNER OF LOT 9, THENCE S69 DEG. 15'tY E, ALONG TIE NORTH LINE OF SA10 LOT 9, 299.09 fFET TO THE PdNT OF BEG9fiING. CONTANING 22 ACRES Y.0.L LOT 7 LOT 8 LOT 6 ,,, LOT 3 0 BROOKLAWN ~~~ :ARWA7ER ~1LLAG PHASE ONE ~ ~ Ip S TRACT 'FI ` r c o ,3 J ' ~ Vu~ ~ ' Q 6 z tom ~t ~ - Q o$ ~ LOr 74 ~ w(~I f` g~~G LOi 5 LoT < s sstis•»" S 89'15'97" 5"~'"c N _eg~i~ At~~'"A~ 6 P ^Y s d 1 ail 1 ~I `, ~I sl ~_ ~ dl A ~ I o ~ v \ 1` I u a I ~I '' _ ~ I LOT 9 VACANT LOT 75 TRACT 'C LoT ,7 cor ,a TRACT C" Lor s cor 20 A w J ~ car 2l NN 0 TRACT 'E` cor ~a cor 2.T L- rRAr_r F• A d Lor s4 tB r I .~.( S .89'15 ~~ R71P !w N V) T IY II~NFr y (~ p 1S O i~ I aknre a.T cTr epd cTr _~~ . 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EYRE, THE SURVEYOR IN RESPONSIBLE ~B~' ~R14py AT THE SURVEY REPRESENTED HEREON AND THAT SAID VET, D~SUR I D SKETCH ARE ACCURATE TO THE BEST aF YY KNOWLEDGE D B>''iJEF:•I FURTHER THAT THIS SURVEY MEETS THE MINIMUM TECHNI ~ANDARD IN •SECTIO~Iy,p, •~ FLORIDA STATUTES (OR RULE CHAPTER 51617 6..w. ~v(y~•? ''SURV~ NO ~ VM:ID' fi !, UNLESS SEALED MATH AN EYBOSSEO SEAL ~ ` ..e w~~~ ~` *.l phi ~ ~• ' ~ ~ tt 6„ . .. ;~'~ ~•,o ~bt wNlm Ot• - . I j>~Ii pY11L YFwT11Y/Oi1~ Iw~ I~wi 00BB661YL1T' DENNIS ML E P REG.~~a 2~',5• DarE: Feurufr r~ ~d2006~.` Q : 5 ; Ae11w m '1!Y am r t0. 2006 ~~ ~'9 ~~ S'r. SYA ~~ oe~ •~ CLEt,FWA ' ti1LLE ~~ ~ ` ~ .sar ~ ~ ~ PHONE: ('71%) 447-176 ~. o Aa: 3931 ~ ~ e' ~ ; ORDINANCE NO.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) Land Use Category From: Institutional To: 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 PASSED ON SECOND AND FINAL READING AND ADOPTED January 18, 2007 August 14, 2007 V. Hibbard Mayor ~~ Appr ed as to form: Leslie K. Dougall-Si e Assistant City Attor Attest: v ~ ~~~~ ynt ~ . Goudeau City Jerk tHF o,,, Ordinance No. 7729-07 h ~ • • Legal Description for LUZ2006-08004 A PORTION OF LOT 9, LESS THE EAST 30 FEET THEREOF, E.A. MARSHALL SUBDIVISION, AS RECORDED tN 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, 1 W 1 6 126 139 I I 11s 24 23 22 21 zo 19 18 ~ 2 9 125 140 1 p23 15 16R 17 W 3 10 118 18 J 4 O ~ 4 11 2~>ti7 141 2018 117 Ts W 14 13 W 5 12 123 142 118 n 2012 R s W V 7 g 9 10 11 /2 6 13 RH 6 ~ 1< $ALPINE RD 78 Zap ~' ~ WOODLAWN TER s ~ ~ TRACT' R ~ H ~ -~ ~"~ -~ 1 1 2 3 4 5 B T 80 Tn x 1999 ~ 1 O O , ~ 2007 13 RM 19[70 ~ ~ Q / \ W R 203 14 12 Q 'l~g9 tq tss 1 96 ~ 1988 ~ O 1954y z ~ ~ 81 111984 ~+ 1S$5 Y ~ 84 ~ 9 ~ 0 980 101976 >~1 88 86 g5 1 > aT = " k f$Y7 8 187 P pR A ~ M 1 1974 ~ v ~ Ji. TR 7 1972 1969 22 B ~ ; ~ 81970 196Q3 O R ~ 5 1968 TRT g ~ v 66 f95 O1 4 1964 1961 4 °v 51 52 ~ 1956 7f 1 ' 1 S }962 1950 194: 2 1 ~ 1957 ~ 1949 1950 f949 ~ 67 W 7. ~ 25 TR 85 T~ ~ Q 1944 Q 194: 8 1943 14956 2 1954 O 1953 ~._. q9 _I ~ p ~ ~ 7 1952 ZB '~' 1937 1838 Q 1937 1938 ~ 193i ~ ~ s9 T 46 ss V P ~ - ~ 19347 ~ 1932 m 1931 61 1932 ~ 1931 7 L ~.J .___ fA9b 1926 •o~t 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 : l I To: RM MDR Atlas Page: 251 B S: lPlanning DepartmentlC D B forms and shells{Map request jorms20031ANX, LUZ, REZ map request jorm.doc - _ __ -- ~ vi ORDINANCE N0.7730-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN 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 MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Pro a Zoning District See attached legal description From: Institutional (LUZ2006-08004) To: Medium Density Residential (MDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7729-07 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING January 18, 2007 PASSED ON SECOND AND FINAL READING AND ADOPTED August 14, 2007 F1`ank V. Hibbard Mayor Approved as to form: Attest: ~yE. ~h-~~rt V _._ ~ .~. ~. . ~~ - ~q~~' Leslie K. Dougall- d s ynth' . Goudea Assistant City Attor City Clerk Ordinance No. 7730-07 `~ 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°95'17" EAST, ALONG THE NORTH LINE OF SAID LOT 9, 299.09 FEET TO THE POINT OF BEGINNING. CONTAINING 2.2 ACRES MOL Ordinance No. 7730-07 .,~ s 1 1 8 126 139 ( ~ 115 4 2 24 23 22 21 20 19 18 2 9 125 140 L ~ / 2023 //~~// Q ~,/ 116 3 15 18 17 3 10 18 J 4 O - 4 /1 ~}7 141?r11B 117 76 8 14 13 5 12 2012 77 8 ~~ 142 118 7 8 9 10 t1 12 6 13 7 14 $ALP/NE RD ~ ~' ~'~ s WOOD ~ ~ e, r- - --~ r - --~ rRncr•s• Q L _ J t___ _ J 7 1 1 2 3 4 5 6 7 eo g r_ ~ x 13 19990 2 0 1 O 7 L 2007 MDR 1980 T003 14 8 12 Q 1gp9 O 196 1 B1 98 9 1988 ~ ~ 199Fy ~ 62 a 9 111984 ~ °' 115 gq ~n 10 1980 101976 '~1 88 ~ g,5 O > a 1HY7 97 ' °' R D 11 B 1971 $ v v ~ ° RpM 1974 BY 7 1872 1969 22 ~ fp ~ 19623 g 1970 f96B O S ~ TR F 5 9 ~ 88 195• '~ 4 1964 a ^ 196 114 51 521858 85 1956 7! 2 1962 F 1957 Jg60 T 1 1949 1950 1950 1949 & ~ W 194: 7; 25 g TR'G' ~ , `ry O '_ p c ~ 1 1944 1943 Q 194: IJ 1Q'956 1853 O 1954 L J qg ~ Q 63 ~ 0 7 1952 28 1943 1944 1837 1938 ~ 1937 1938 ~ 193'r 48 55 ~ ~ ~ V 7 r ~ 1931 1932 m 1931 61 1932 ~ 1931 7 47 56 L -, .___ fA96 1826 fogs Zoning M ap Owners: New Zion Missionary Baptist Church Case: LUZ2006-08004 Site: 1980 Kings Highway Property 2.21 acres Size(Acres): Land Use Zoning P1N: 03/29/15/55548/000/0091 From : I I To: RM MDR Atlas Page: 251 B S: lPlannulg DepartmentlC D Blforms and shellslMap request forms20031ANX, LUG REZ map request form.doc • ~ Porter, Catherine From: Clayton, Gina Sent: Friday, June 27, 2008 9:13 AM To: Porter, Catherine; Herman, Sandra Subject: FW: 1980 King's.Highway Importance: High -----Original Message----- From: Porter, Catherine Sent: Tuesday, February 13, 2007 11:30 AM To: Reynolds, Mike; Herman, Sandra Cc: Clayton, Gina Subject: 1980 King's Highway 2/13 Gina and Mike Crawford agreed that this case could go through if we promised to amend the Comp Plan as part of the EAR to have the 2 overlay districts: transportation utility and drainage easement. We also agreed that after the Comp Plan is approved, we will go back and amend our Land Use Map for the 1980 Kings Highway parcel to reflect the overlays. The PAC approved it yesterday and sent it to PPC. Sandy, pls add to stuff for EAR. Mike, please do a tickle for the overlay. Thanks. 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@myclearwater.com • ~ Reynolds, Mike From: Porter, Catherine Sent: Monday, March 12, 2007 11:17 AM To: Herman, Sandra; Pullin, Sharon; Ready, Cky; Reynolds, Mike Subject: KINGS HIGHWAY 1980 (BUD REICHEL) Gina advised me today that CPA has added a condition to approval at their meeting tomorrow. It affects all of us. They made a condition that after we have updated our FLUM (CK~ to include the 2 overlays (water/drainage feature and transportation/utility), that we notify the CPA (MIKE) that the map has been updated. Of course, we need to wait until after the Comp Plan Amendments (Sandy) to add the actual overlays to our maps. 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@myclearwater.com r 1 ~ -_ ~ i CDB Meeting Date: November 21, 2006 Case Number: LUZ2006-08004 Owner/Applicant: New Zion Missionary Baptist Church Address: 1980 Kings Hi~liway Agenda Item: F 13 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: (a) Future Land Use Plan amendment from the Institutional (I) Classification to the Residential High (RH) Classification; and (b) Rezoning from the Institutional (I) District to the High Density Residential (HDR) District. 96,267 square feet or 2.21 acres Vacant Attached dwellings Institutional (I) Residential High (RH) Institutional (I) High Density Residential (HDR) Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 1 EXISTING SURROUNDING USES: ANAT.VCTC~ North: Single family residential and attached dwelling units South: Institutional (church) East: Single family residential West: Single family residential This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 2.21 acres in area located on the west side of Kings Highway, approximately 110 feet south of the intersection of Woodlawn Terrace and Kings Highway. This property has a FLUP classification of Institutional (I) and a zoning designation of Institutional (I). The applicant is requesting to amend the FLUP designation of the site to the Residential High (RH) classification and to rezone the property to the High Density Residential (HDR) District in order to develop 30 attached dwelling units with swimming pool and recreation amenities. In accordance with the Countywide Plan Rules, the FLUP amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on density, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4- 603.F.1] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 2.1 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or ,. planned developments that are compatible. . 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Staff Report -Community Development Board -November 21, 2006 -Case LLJZ2006-08004 Page 2 • 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law The proposed plan amendment is not consistent with Clearwater Comprehensive Plan Policy 2.2.1 (development compatibility). The development of 66 attached residential units at this location will be not compatible with the surrounding environment, even though it will not significantly impact levels of City services. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Residential High (RH) category, as specified in Section 2.3.3.3.1 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a highly intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban and intensive qualities, transportation facilities and natural resource characteristics of such areas. The site is located in close proximity to an existing church to the immediate south. To the north and east, is single family residential land use. Attached dwellings are located to the north and west. Institutional, Medium Density Residential, Low Medium Density Residential, and High Density Residential Zoning District designations surround the site. The proposed use of the property, attached dwelling units, is consistent with the purposes of the Residential High (RH) Future Land Use category, but the Locational Characteristics of The Countywide Plan Rules, for Residential High, Section 2.3.3.3.1, are not met. Neighboring properties are not high density residential in nature. Further, the applicant is proposing 30 attached condominium dwellings on 2.21 acres of land. The Residential Medium (RM) Future Land Use category allows for 15 dwelling units per acre in the Medium Density Residential District (MDR). Residential Medium Future Land Use and MDR zoning are more appropriate considering the proposed development of the property. Specifically, the surrounding area as a ,whole, is not high density.- residential in nature. Also, the site location is not served directly by mass transit, not providing an alternative to individual automobile use. Recommended Conclusions of Law The proposed plan amendment is not consistent with the purpose and locational characteristics of the Countywide Plan; therefore, the proposed amendment is not consistent with the Countywide Plan. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 3 • ~ III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact Residential land use characterizes the immediate areas to the north, west, and east. The neighboring residential uses vary from single family residential to the east, and to multi family residential to the west, north, and northeast. Property to the northeast has a Future Land Use Designation of Residential High and is highly concentrated with attached residential units, two stories in height. A church occupies property to the immediate south. Further south is the intersection of Kings Highway and Sunset Point Road. Recommended Conclusions of Law The proposed FLUP designation and rezoning are not in character with the overall FLUP and zoning designations in the area. They are not compatible with surrounding uses and not consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earlier, the overall subject site is approximately 2.21 acres in area and is vacant. Based on a maximum permitted development potential in the proposed Residential High category, 66 dwelling units could potentially be constructed on this site. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table. ~l:~X[MUM POTENTIAL TI ZAFFIC C't~rrent l~.sistinh Plant Proposed '~Iet Neer' Sunset Point Road; Betty .Lace to h~i~tgs"HighFea~ Situation Pl,an~ ~ Trips , Maximum Dail Added Potential Tri s N/A 197 404 207 Maximum PM Peak Hour Added Potential Trips3 N/A 19 38 19 Volume of Sunset Point Road: Between Betty Lane and 12,692 12,889 13,096 207 Kin s Hi hwa LOS of Sunset Point Road: Between Betty Lane and Kings C C C C Hi hwa N/A =Not Applicable LOS =Level-of-Service 1 =Based on PPC calculations of trips per acre per day for the Institutional Future Land Use Category. 2 =Based on PPC calculations of trips per acre per day for the Residential High General Future Land Use Catego ry. 3 =Based on MPO K-factor of 0.095 Source: "The Rules" of the Countywide Future Land Use Plan StafF Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 4 Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Sunset Point Road, Betty Lane to Kings Highway, has a LOS of C. This segment is within close proximity to the site. The proposed FLUP category will generate 19 more trips on this segment of Sunset Point Road than the current category. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. :Net llwellin~, nail}' i~et Incrrise ~ P1~1 Peak 1;ncrease ~ lines units/Syuarc l~rips of :A~~era~~e ~ Trips of PM rootAl;e llaily, Trips Peak'. Tri s Ex isting Zoning (I) / Future Land Use Plan (I) urc rips per 1,000 sq. ft.) 62,573 570 N/A 88 N/A s uare feet Proposed Zoning (HDR) /Future Land Use Plan (RH) High Rise Condominum 66 276 -294 25 -63 dwelling units The proposed plan amendment and rezoning will not result in the degradation of the existing LOS to the surrounding road network. Even though the subject property is vacant and new trips will be generated by the development, the proposed plan amendment and rezoning will not result in the degradation of the existing Level of Service to the surrounding network. Furthermore, the City of Clearwater Engineering Department has concluded that the traffic generation associated with the proposed amendment will result in a net decrease in traffic. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject site is not located on any mass transit route. However, mass transit routes are located on Sunset Poirit Road, Betty Lane, and Highland Avenue. Water The current FLUP category, Institutional, could use up to 6,257 gallons per day for a 62,573 square foot church. Under the proposed FLUP category, Residential High, water demand, based on 66 potential residential units could approach approximately 16,500 gallons per day. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 5 Wastewater The current FLUP category, Institutional, could produce up to 5,006 gallons per day for a 62,573 square foot church. Under the proposed FLUP category Residential High, based on the potential of 66 residential units, sewer demand could approach approximately 13,200 gallons per day. Solid Waste The current FLUP category, Institutional, would result in the production of 50 tons of solid waste per year fora 62,573 square foot church. Under the proposed FLUP category, Residential High, the development of 66 residential dwelling units could generate 167 tons of solid waste per year. Recreation and Open Space ' The proposed future land use plan and zoning designations will permit the development of up to 66 attached dwelling units. Open Space, Recreation Land and Recreation Facility impact fees will be required when the property is developed with residential uses. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process . Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network or to the operational efficiency of the signalized intersection. Further, there is an increase on demand for water, wastewater, and solid waste service. Open space and recreation facilities and mass transit will not be affected by the proposed future land use plan and zoning designations. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact No wetlands appear to be located on the subject site. This property is wooded to some extent. In the event that development is proposed which does not meet the minimum development standards of the Community Development Code; site plan review may be required. Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject site. The site is wooded. There is minimal impact to the City of Clearwater by the potential 66 attached residential units. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 6 • VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact The location of the proposed High Density Residential (HDR) District boundaries is consistent with the boundaries of the subject site. However, the proposed boundaries are not logical as the site is abutting to one existing HDR zoning district to the northeast, but lower intensity zoning districts elsewhere. HDR is not consistent with the character of the area and the locational characteristics of the Countywide Rules. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. However, the proposed zoning district is not appropriate as it is not in character with the overall zoning designations in the area. HDR is not consistent with the character of the area and the locational characteristics of the Countywide Rules. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-502 & 4- 602.F.1. and .2.] Recommended Findings of Fact The Institutional Zoning District does not permit detached or attached dwelling units. The proposed land use is attached dwelling units. The subject site proposed for rezoning has a lot width of approximately 300 feet and a lot area of 2.21 acres (96,267 square feet). The High Density Residential zoning district minimum lot width requirement is 150 feet and the minimum lot area requirement is 15,000 square feet. Recommended Conclusions of Law The proposed use of the subject site is consistent with the uses allowed in the High Density Residential zoning district and the site meets the minimum lot width and area requirements of the District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in . „ effect at the time development permits are requested. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the Institutional (I) category to the Residential High (RH) category and a rezoning from the Institutional (I) District to the High Density Residential (HDR) District for the subject site is requested. The site proposed to be developed is 2.21 acres. (96,267 square feet) .and exceeds the minimum lot size requirement for the development of 30 attached residential units within the High Density Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 7 ~ ~ Residential Zoning District. The neighborhood is characterized by a mix of single family residential detached dwellings, a church, and attached residential dwellings. The proposed future land use plan amendment and rezoning is not compatible with the existing neighborhood. The proposed Residential High (RH) Future Land Use Plan classification and High Density Residential (HDR) zoning district are not consistent with the City and the Countywide Comprehensive Plans, and is not compatible with the overall surrounding area. A Residential Medium (RM) Future Land Use Plan classification and a Medium Density Residential (MDR) zoning district are consistent with the City and the Countywide Comprehensive Plans, and would be compatible with the overall surrounding area. The site meets the Purpose and Locational Characteristics of the Future Land Use Classification of Residential Medium (RM), pursuant to Section 2.3.3.2.2. Neighboring property is medium density residential in nature. Based on the above analysis, the Planning Department recommends the following actions on the request: ACTIONS: a) Recommend DENIAL of the Future Land Use Plan amendment from the Institutional (I) Classification to the Residential High (RH) General Classification; b) Recommend DENIAL of the rezoning from the Institutional (I) District to the High Density Residential (HDR) District; c) Recommend APPROVAL of the Future Land Use Plan amendment from the Institutional (I) Classification to the Residential Medium (RM) General Classification subject to concurrence of the applicant; and d) Recommend APPROVAL of the rezoning from the Institutional (I) District to the Medium Density Residential (MDR) District subject to concurrence of the applicant. Prepared by Planning Department staff: ~k ~ ~~c ~ Michael H. Reynolds, AICP, Planner III Attachments: . , Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S: (Planning DepartmentlC D BlLand Use AmendmentslLUZ 20061LUZ2006-08004, 1980 King's Highway -New Zion Missionary Baptist Church Bd. of TrusteeslPrintable Staff Report, LUZ2006-08004.doc Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 8 • 1 1 I 8 ______J___ ~ ~~.~___~.____ 915 24 23 22 21 20 19 18 ~ 2 1 9 125 140 I ~ _1 2023 ~____ 75 3 Q _____...' ______ 10 3 ; ______ ______ 116 15 16 17 ; I Z __ -- 4 W 91 4 N 2~7 ~ 141 79 O O _ ~ _ _ ;_ _ _"__ I __ 2~8 117 5 14 13 ~ ~ ~~ Ramlly I ' -------- 77 9 ..__ _l______ eside> ti al 142 123 I ' 999 7 g 9 10 11 q~ s 12 _____J._____ I 7 ~ +4 $ALPINE RD 79 s ~' WOODLAWN TER $ °' '' TRACT B" Q ~~ alb-- _J 1 1 2 3 4 5 8 7 125- 1 9 r _ ,~"~ 1999 ~~ O 7 L.. 2007 1a 1980 ~ ~ tl ~ 9 12 Re . 19~ ~9 • O 1 , ~ 9 ~ ~ 199a a3 ~ 9 1V984 ~ .. ~~ v, gle 9a 10 1980 ,0197 ag81 2 ea ~ • a 95 0 .- 11 9 k X977 197 ~ ~ N ~@ 1974 .. ~, ti ~- TR 7 1972 196'922 s 1970 ?9~ BYRAM DR 5 1988 4 1~`` O m f- 9 ~ ing e~'a il~y ~ ~ „ ~ } 1~ 4 Institutional ~ R~si e~rtl>a 1956 1950 2 1882 _-- 1957 1 0 1s4s ~ laso $ TR •'G^ ~ r_ `~ ~' 1944 +9958 1943 zO l9S4 1953 ~ 194 ~ 1944 ____.fg~y ~ w ------°~------- 1937 1938 '~[ 1937 ~ 1938 ~ _______..___ ___________ 48 55 62 ~_ __ _~ 1931 1932 m 19 ®;; ~ 1932 a~ 59 1333 I__._ ~ i 4925 1926 f 925 1926 ' 1 46 57 60 71 18 ~ eo I f919 1920 19l9 1920 19 j 20 1 q5 5g 59 72 Existing Land Use IIAap Owners: New Zion Missionary Baptist Church Case: LUZ2006-08004 Site: 1980 Kings Highway Property 2.21 acres Size~Acres): Land Use Zoning PIN: 03129115/55548/000/0091 From : I I To: RM MDR Atlas Page: 251 B S:IPlanning DepartmentlCDBlforms and shellslMap request forms20031ANX, LIIZ, REZ map requestform.doc J ~' s< ~ wdpan Or Q 4~ K~~ I~ a Or ~ QIMBERlANO OAK PL 1Nxp50R PL LJ DR ~~ ~ ~ •...-;::..~:::: :_ ~~ DR BV qq ~ Q. ~awvcrllR OR "1 G ~ - ~ •.:... • • ems"'" p g ALV Ga,auN SEDEEVA CIR S ~: ~d:1 ~ P ~~ /''~ •..K' •• .7 '~.S ~ ~ O O IQ2USE <U ~ _ _ ~ ~ Ktlib~d ~ ~ r:. e _ Q OR ~~• ~~ :. ~ z pR ~:••• • :'~~ _ ERN lA t' ~..' ' .':' ~':. . SWSET POINT RD C.~~$)§.;•:; v '~~~'~~' SUNSET POINT RD C.R.578 ~ E :.~ uRO O ~'• SPRNG LA T ~ r T S, ~ tl: :: •: ~ THAME H ~ O O O O ~ .m ~~. L"•VI.SIh: •' •. Q,fJ P a ~ ~ _ ~ PR JOEL U 0 :'';~•~•~•a 8B1tLEV B tt V OTTEN GREENLEA ~A,pO 01- •. a ,'.•_ .~. HEAVEN r} 'lVN •~ •A~~ r: S4NDY ~r-lA ~~_,, SENT lA ~ .. 'JT .. ~• • ' ~"' '~ ~ p u ~ a'.• sANDr 5 i ~ rc u ` to ~::• ~ MARY L RD F. ;•::•:; r-'_`~ W CI : ~ O ~ ROSEMONT DR d a ~ • • ~'.. •~ TERRACE RD ~T~•!1~."'.. ~ .. ~a'E:'?~i LINWODD •FIAGLER DR ST ~~v^ FAIRM 5T • ••• LOGAN c~ ~aRE..:: .. r .~ ~ FaIRMaNr sr~ F?,, a ~ ~~a _ BECKETT ~ ~ ~~ • ST ~ ~.. ~ ~ O ¢ PARKWOOD a ~~ ~' F~ BECI~Ti ST .~ ~3 ~`7 a<a~~~~~~r~ MARSHALe 3! < ~ i ~~ _ ~ O ~ ` < WOODBNEBNE J Q ~ ~ GRANT g~ sr 5T = ' :~ ~yN • ~ ~ O I +SMER CARLTON 1~7 RUSSELL /--~ ~ !: • • ~a~ TANGS ERNE 1 ST CARRO ~'~:•; 2 ~ curueu cr OVERLEA $T~ ! 1 F~ ST Location Map Owners: New Zion Missionary Baptist Church Case: I LUZ2006-08004 Site: 1980 Kings Highway Property 2,21 acres Size f Acres) Land Use Zoning PIN: 03/29/15/55548/000/0091 From : I I To: RM MDR Atlas Page: 251 B S:1Planning DepartmenttCDBlforms and shellslMap requestforms20031ANX, LUZ, REZ map request_form.doc ~ • 1 1 8 128 ,3s ( l //~` ? 115 ~ ~•~w 2 24 23 22 21 20 19 18 2 9 125 140 ~ ~ /~ / 2023 U~J/ ~/ 116 3 16 16 17 3 10 18 ~ 4 " O 4 11 2~~7 141 2018 7 76 117 W g 14 13 5 72 2012 n 6 ~~ 142 118 7 g 9 10 11 12 8 13 7 14 oALPINE RD 7a ,fie ~ ~' g WOOD $ ~ ~~ so r - --i r-- - --i TRACT "B° Q L-J L_ 7 ..1 1 1 2 3 4 6 6 7 2~0 so g ~'~ r- 13 1999 O 2 O 7 O 7 ~_ 2007 MDR 7980 2003 1q 8 12 Q i~$99 ~ O 196 1 81 gg 9 1988 199 ~ 82 ~ 7~5 9 111984 ~ 84 rn 10 7980 107976 {}~~ 88 ~ 85 O ° k X77 87 ° ~ ' pR 'S M 11 8 ,973G1 ° a a a p R ,974 By 7 1972 1989 ~ TR V ~ 80 87970 196@3 g 7968 O TR F' 9 ,N`+„ 68 195 ~ 4 1964 7961 24 v 51 62 1956 ~ 7956 2 7962 1Q60 1957 I 1949 1950 7950 1949 64 ~ W 194 7 25 ~ 53 - O~ TR 1958 ~ ~ ~ ¢ 1844 Q 794 194 101958 1953 O 1954 -1 g 9 ~ Q ~ 3 Q 3 1952 26 193 19 8 ~ 1937 1938 ~ ~ 193 ~ ~ ~ 62 Q r~ ~_ ~ 7931 1932 m 19361 - 70 7932 1937 47 66 ~_ _....~ 1925 1926 199. Zoning Map Qwners: 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 S:IPlanningDepartmentlCDBlformsand shellslMap request forms200349NX, LUZ, REZ map reguestfo7m.doc ~ ~ I TRACT IIR >~ 1 1 8 126 ,3s I I 1,5 W 24 23 22 21 20 19 18 Q 2 9 125 ,40 ~ 2023 //\~// // ~/ 15 ,6R ,7 uzwu 3 ,0 116 1 16 4 O ~ 4 11 ~~7 141 2018 117 78 ~ 2012 14 13 W 5 12 ,23 142 118 77 RU ~^ 6 7 12 6 13 8 9 10 11 RH 6 7a 7 1a $ALP/ NE RD ~ 80 ~' WOODLAWN TER ~ ~ ~~ eo r- - -i r- - -~ .. ~- R }~ ~- ~ ~ _~ 1 1 2 3 4 5 6 7 2010 80 TRx 1999 _ 2 O ~ ~ 2007 ,3 RM 1980 ~ w 2003 14 12 Q 11$99 O V1 196 1 ~ 81 gg 1988 ~ ~ 799 ~~.. Y 82 rn 9 1V984 ~ °D i~5 84 ~ 980 101976 1}q¢} 88 ~ 85 1 m ' P 8 !~ ~7 197311 87 v ~ ~ ~. pR YRpM 1974 B 7 1972 TR 1969 22 µi '~. ~ g 1970 196,43 R S 5 1966 O TR f• y 3] m q 1964 196124 1 S '2 1962 ig60 1957 TR ^G^ ~ 25 1958 1Q'956 1953 ~ O 1954 f 852 26 P r - -, ~_~ 51 521956 1949 1950 50 53 r -~ ~..~ .J 1949 ~ 1944 -1937 1938 48 55 1931 47 1932 56 r ~ 1956 1950 w 1949 67 1944 Ct Q 7943 63 ~ y Q a 1937 62 1938 ~ V Q m 19367 70 1932 7925 1926 1099 future hand 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 S:IPlanning DeparhnentlCDBiforms and shellslMap requestforms20031ANX, LUZ, REZ map requestform.doc .. 3 ,rg_ _ -- ~ _ ~~ VieH~s looking east (top left) and south (top right) and northeast (bottom left) and north (bottom right) • LUZ2006-08004 New Zion Missionary Baptist Church 1980 Kings Highway ORDINANCE NO. 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: Property See attached legal description (LUZ2006-08004) Land Use Category From: Institutional To: 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 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 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 ORDINANCE NO.7730-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN 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 MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See attached legal description From: Institutional (LUZ2006-08004) To: Medium Density Residential MDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7729-07 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED` Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7730-07 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. 7730-07 ~~SEkLMm ~< ~, ,~I, e ~~_ o 99h.4TEA.~~~~ Clearwater City Council Agenda Cover Memorandum ~rk session Item #: Final Agenda Item # Meeting Date: 12-14-06 SUBJECT/RECOMMENDATION: APPROVE a Future Land Use Plan Amendment from the Institutional (I) Category to the Residential Medium (RM) Category and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District Category for property located at 1980 Kings Highway (consisting of a portion of Lot 9, E.A. Marshall Subdivision; and PASS Ordinances #7729-07 & #7730-07 on first reading. (LUZ2006-08004) ® and that the appropriate officials be authorized to execute same. _ SUMMARY: This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 2.21 acres in area located on the west side of Kings Highway, approximately 110 feet south of the intersection of . Woodlawn Terrace and Kings Highway. This property has a FLUP classification of Institutional (I) and a zoning designation of Institutional (I). The applicant requested to amend the FLUP designation of the site to the Residential High (RH) classification and to rezone the property to High Density Residential (HDR) District in order to use the property for 30 attached residential units. The Planning Department recommended denial of the request, and instead recommended approval of the FLUP amendment from Institutional (I) to Residential Medium (RM), and rezoning from the Institutional (I) District to the.Medium Density Residential (MDR) District subject to concurrence of the applicant. The applicant concurred. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The proposed use is compatible with the surrounding area. • Sufficient public facilities are available to serve the property. • The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas 'ng Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the s' of the proposed plan category, the application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is 1St required. The Community Development Board reviewed these applications at its public hearing on November 21, 2006 and unanimously recommended. approval of both applications, as recommended by the Planning Department. Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total Michael H. Reynolds Budget N/A Public Works NIA User Dept.: Funding Source: Purchasing N/A DCM/ACM Planning Current FY CI Risk Mgmt N/A Other Attachments: Ordinance OP Nos. 7729-07 & 7730-07 STAFF REPORTS Other Submitted by: Appropriation Code: Cit Manager ^ None • ~ S: IPlanntngDepartmentlCD BlLand Use AmendmentslLUZ 10061LUZ2006-08004, 1980 King's Highway -New Zion Missionary Baptist Church Bd. of TrusteeslLUZl006- 08004 CC cover memo.doc S: (Planning Department) C D BlLand Use AmendmentslLUZ 20061LUZ2006-08004, 1980 King's Highway -New Zion Missionary Baptist Church Bd. of TrusteeslLUZ2006-08004 CC cover memo.doc LEGAL DESCRIPTION SIGN-OFF REQUEST CASE # : ~N ~ ~y ~ -~ b ~ C~ ~ T PLANNER: ,vl<<%(C~ llk irk ENGINEERING COMMENTS REGARDING ATACHED LEGAL DESCRIPTION: 6 c.~ r d -~ ~~~ . INITIALS BY REVIEWER: DATE: t ~ P~' a(~ City of Clearwater Public Works - Engineering/Production TO LEGAL: / (~ - / ~-- D ~ U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 s TO: ~~~~~ elf lca-~.~y FAX: ~~ ~ ~ ~a~~ Phone: '' FROM• ~ll ' ~~U /~cP Phone: ~l ~--- NUMBER OF PAGES(INCLUDING THIS PAGE) ~/ DATE: /l- Z - D ~ SUBJECT: ~`/~' Zav ~ °" D~~ O ,~,, S ~ ~ ~. ~.. ~;,. ~' : it ., .. `_~ • .~.~ Church Ministries Pastor, Dr. LeRoy Howard Chairman, A. Fraizer Clerk, Rhonda Cole Treasurer, A. Merricks Director of Training Rev. J. Seymour Bible Band Director Minister C. Lawrence Minister's Wives Minsitry Hattie Howard, President Sunday School Mary L. Dukes, Supt • Aduk Men • Women's Class • College 8 Career • IMertnediate Class • Junior Class • Primary & Beginners Deacon 8 Deaconess Ministry .Ward 1: Adolphus Merricks B. Williams, P. Jelks, I Haynes, .Ward 2; A. Frazier, J. Butler S. Frazier, P. Miller, V. Butler .Ward 3: F. Hinson G. Speed, M. Ware, J. Coleman, S. Coleman •Wani 4: A. Taylor, L. Taylor, S. Johnson, F. Johnson , G. WaHcins .Ward 5: Charles Haris; S. Harris, R. Cole, D. Gatewood Mission Ministries .Brotherhood .Senior Women .Intermediate Women •YWA 8 Jr. Wortren .Youth Department Other Ministries .Budget & Planning .Pastors Aide Ministry .Benevolence Condolence .Van Ministry .Ushers Ministry Music Ministry T. Hartison, Director of Music • Mass Choir .Male Choir, Chorus .Choir Number One •CH Mobley Choir .Youth Choirs Media Ministry Jeff 8 Kristie Mack New Zion Missionary Baptist Church 11 82 Brownell Street, Clearwater, Florida 33756 Church Phone: (727) 461- 7524 email: newzionmbc@aol.com November 2, 2006 RECElVE~ City of Clearwater City Attorney & Zoning Department ~0~ O 2 200 Clearwater City Hall PIAidNiNG DEpARiMEN6 112 S. Osceola Ave. CIIYOFCLEARVVl1T~ Clearwater, FL 33756 To Whom It May Concern: This letter is written to confirm that Pastor, Rev. LeRoy Howard, has full permission of the church body, officers, and members, to be the signer on all documents with the Clearwater Village Corporation. Pastor Howard has previously been given authority by the church and Deacons (Trustees) to be a signer on any document that gives Bud Reichel, Sr. Vice-President of Planning, a representative of Clearwater Village, permission to act on the Church's behalf in the manner of rezoning the King's Highway property. ~ • In our monthly business meeting, held on Wednesday, November 1, 2006, the church reaffirmed Pastor Howard's position as a signer on all documents with Clearwater Village, which gives Bud Reichel permission to act on the church's behalf for the purpose of rezoning the King's Highway property. r Board of Deacons (~ stees) _~\ -------. ~~ 1. ~ -- --~~.-- . L' ._ Alp ~nso L. Frazier, Ch~,iirman Steve Johnson, Co-Chaff an Alton Taylor, Sr. s ~. ~ 3e / Bu~l`er C ~ - ~'~ 1 ~~~~ ~ ~ b...~-~ William Glenn Jerome Coleman Freeman Hinson ~. Adolph ~ erricks i,. ames Robinson Respectfully yours, /''-®"_- _ ,~-~..~G --r. New Zion Missi~a~"B ~ hunch Church Cle~k_... _ Rhonda Cole, , Rev. LeRoy Howard Pd,Stor . Nov. 02 2006 10:01AM YOUR LOGO YOUR FAX N0. 7275624865 N0. OTHER FACSIMILE ;START TIME USAGE TIME- MODE PAGES RESULT 01 95624021 Nov. 02 09:59AM 01'15 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' tx04. TF~! SELECT OFF BY USING ' +' OR ' -' . FOR FAX ADt1ANTAGE ASSISTANCE, PLEASE CALL 1-800-hiELP-FAX 0435-7329). • Reynolds, Mike From: Reynolds, Mike Sent: Tuesday, January 02, 2007 2:58 PM To: Hollander, Gwen Cc: Porter, Catherine Subject: LUZ2006-08004; 1980 Kings Highway Gwen, The recommendation for, approval for the above case is as follows: APPROVE a Future Land Use Plan Amendment from the Institutional (I) Category to the Residential Medium (RM) Category and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District Category for property located at 1980 Kings Highway (consisting of a portion of Lot 9, E.A. Marshall Subdivision; and PASS Ordinances # 7729-07 8~ # 7730-07 on first reading. Note that the applicant was seeking Residential High future land use and High Density Residential zoning, but the Planning Department recommended denial of those requests and instead recommended approvals as stated above. The CDB recommended approval as recommended by Planning Department. Mike Michael H. Reynolds, AICP Planning Department City of Clearwater Tel. # 727-562-4836 E-mail: mike.reynolds@myclearwater.com v ,~ ORDINANCE NO.7730-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN 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 HIGH DENSITY RESIDENTIAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See attached legal description From: Ins 'tutional (LUZ2006-08004) To: ,~®' f~ l~`fA~ ~~ Section 2. The City Engineer is directed to revise the zoning atlas of the City in ~'~ accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7729-07 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7730-07 i` 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. 7730-07 Reynolds, Mike From: Ready, Cky Sent: Wednesday, October 25, 2006 10:41 AM To: Reynolds, Mike Subject: FW: Annexation ordinances -----Original Message----- From: Hollander, Gwen Sent: Tuesday, October 24, 2006 10:12 AM To: Ready, Cky Cc: Dougall-Sides, Leslie Subject: Annexation ordinances Leslie needs to know -(1) is Rev. Howard Pres/Chair of Trustees or have document of authority to sign the annexation application for LUZ2006-08004. Need same information for ANX2006-06024 and LUZ2006-08005, Neal E. Brown , no authorization of Agent, Ken Vogel. (2)ANX2006-04013 -both owners (Kenneth and Sandra St. John) need to sign the annexation application. Thank you Gwen Hollander Legal Department City of Clearwater 727-562-4013 ~M_. F ' Gle ~ ~ C.R. 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Jun 02, 2006 c _: ~, ~ ; a ~ ~_g a„ _.._. _.._ .._.._.._..- ---._.._.._.._ , suuE rnnT ~ .. _.. _.._.. f NE 7/t or3-29•r5 ~ ~ 251 B ieo a zeoa zs~a r _J Application for Land Use/Zoning amendment (LUZ2006-08004) approval to change Institutional (INS) land use to Residential High (RH) and to change the zoning from Institutional (I) to High Density Residential (HDR). 2.21 acres, located approximately 110 feet south from the intersection of Woodlawn Terrace and Kings Highway • ------+---fo-ra ------+------ 24 23 22 21 20 19 18 W ~ 1 2 ~ 9~ ------r- 1 125 1 140 i _2o2s____ 2023 1,s zoz4 75 s7. 15 18 17 Q 3 1 10 1 ------L------ I 2.018 ~ ~ m ~. Z ---- ---_ 2~}7 11 141 76 ~ ti° nn O W 4 17 " 2018 1,7 Q ° ° ~ ----- ----- -----ftFH ~ " 2 14 2 R 13 C7 5 i 12 1 I 77 --- - ------ - 142 123 118 6 ~ - 7 8 RM 9 10 „ 12 ~ W ---6--~- 13--- ~ (25) 7 i ,a oALP/NE RD 78 Zoo ~Oo rn ~ WOODLAWN TER m 0 6o Rl~l TRACT' " RM ~ I 1 1 2 3 4 5 6 7 ~ 2(~0 rn w 1999 O RL 2007 13 1980 ~~ 2003 ,4 RH RM 12 ,~qg ~` 196 c O 82 81 so 1988 ~ 199 = ~ 9 111984 ~ ~ 1r845 ~ 84 0 980 101976 181 Z p6S 88 85 O Q 8 k 9 X77 7 Y o 87 o N ' a °' ~~ a 0 1974 , P TR 7 1972 1969 22 60 s 1970 1sss3 BYRAM DR R N 5 1968 O ra•~• g ~ 4 1964 t1B, °~' 196124 (~/ OS ^2 1962 1Q60 ----~ F, 1957 TR "G" U 25 1958 18956 1953 2O 1954 ' 1952 26 I RHOS p ' I 1 18 ~ 0 a 51 52 1856 1949 1950 50 53 19439 ~ 1944 1937 1938 48 55 1931 47 1932 58 1925 1926 48 57 ~ 80 88 65 1856 1950 1949 67 64 j 1944 1943 Q ~ 83 ~ 1938 Q 1937 m 62 89 Q m 193 1932 61 70 1925 1926 80 71 go eo ~ ~n~° +mn 1A9/1 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 : INS I To: RH HDR Atlas Page: 251 B S: (Planning DepartmentlCD Blforms and shellslMap request forms20031ANX, LUZ, REZ map request form.doc Reynolds, Mike From: Reynolds, Mike Sent: Wednesday, October 18, 2006 9:14 AM To: Hollander, Gwen Subject: LUZ2006-08004; 1980 Kings Highway; Maps Gwen, Here are the maps that you requested. Please let me know if you need any other maps. H future land zone.doc usel.doc The location information in Permit Plan will be checked and ready later today. I will call or a-mail to let you know when it is all set. c// ~~ The legal description sign-off and the Zoning Atlas page (with site ifi ghlighted) will be brought to your office. Mike Michael H. Reynolds, AICP Planning Department City of Clearwater Tel. # 727-562-4836 E-mail: mike.reynolds@myclearwater.com • Reynolds, Mike From: Patni, Himanshu Sent: Wednesday, October 04, 2006 4:51 PM To: Reynolds, Mike Cc: Clayton, Gina; Elbo, Bennett Subject: RE: LUZ2006-08004; 1980 Kings Highway Mike, the proposed site would not require a traffic impact study if the maximum number of dwelling units is 63. Himanshu -----Original Message----- From: Reynolds, Mike Sent: Wednesday, October 04, 2006 2:21 PM To: Patni, Himanshu; Elbo, Bennett Cc: Clayton, Gina Subject: LUZ2006-08004; 1980 Kings Highway Himanshu and Ben, The above subject case is a land use and rezoning application. The application is seeking a zone change from Institutional to High Density Residential, with a future land use classification of Residential High. Residential High, within HDR, allows for 30 dwelling units per acre. I understand the site to have 2.1 acres, so 30 d.u./ac x 2.1 = 63 dwelling units maximum. Does the site need to have a traffic impact study? We need to have this information as part of our consideration of the application. Any chance for you to respond today is appreciated. Thank you. Mike Michael H. Reynolds, AICP Planning Department City of Clearwater Tel. # 727-562-4836 E-mail: mike.reynolds@myclearwater.com Reynolds, Mike From: Reynolds, Mike Sent: Wednesday, October 04, 2006 2:21 PM To: Patni, Himanshu; Elbo, Bennett Cc: Clayton, Gina Subject: LUZ2006-08004; 1980 Kings Highway Himanshu and Ben, The above subject case is a land use and rezoning application. The application is seeking a zone change from Institutional to High Density Residential, with a future land use classification of Residential High. Residential High, within HDR, allows for 30 dwelling units per acre. I understand the site to have 2.1 acres, so 30 d.u./ac x 2.1 = 63 dwelling units maximum. Does the site need to have a traffic impact study? We need to have this information as part of our consideration of the application. Any chance for you to respond today is appreciated. Thank you. Mike Michael H. Reynolds, AICP Planning Department City of Clearwater Tel. # 727-562-4836 E-mail: mike.reynolds@myclearwater.com ~J ./ ~ pJ- ~ ~ ..~-' Reyno~as, Mike From: Reynolds, Mike Sent: Thursday, September 21, 2006 3:05 PM To: Hollander, Gwen; Dougall-Sides, Leslie Subject: FW: LUZ2006-08004 & 08006 Gwen and Leslie, Case LUZ2006-08004: An Affidavit to Authorize Agent, signed by Rev. LeRoy Howard, appointed Bernard K. Reichel, Jr. as agent for the "Rezoning and Zoning Atlas Amendment", for the New Zion Missionary Baptist Church. I will FAX a copy of the authorize agent form to you. I am concerned as the authorization does not specifically refer to the Comprehensive Plan Amendment. Does the church need to modify this? Also, can just Rev. Howard sign documents, or does there need to be sign offs from a Board of Trustees? Case LUZ2006-08006: The case is presently incomplete and is not assigned any meeting dates. The church pastor signed the applications, but there is no Affidavit to Authorize Agent form provided. Leslie, does there need to be an Affidavit to Authorize Agent form for a church pastor to sign LUZ applications? Thank you. Mike R. -----Original Message----- From: Ready, Cky Sent: Thursday, September 21, 2006 1:49 PM To: Reynolds, Mike Subject: FW: LUZ2006-08004 & 08006 -----Original Message----- From: Hollander, Gwen Sent: Wednesday, September 20, 2006 4:29 PM To: Ready, Cky Subject: LUZ2006-08004 & 08006 Hi Cky, Leslie asked for the following for the two above-referenced LUZ's: (1) Is Rev: LeRoy Howard the Chair of Trustees or do you documentation of authority to sign on behalf of the New Zion Missionary Baptist Church Board of Trustees? We need a copy for our file, please. (2) Same thing re: authority of Noel E. Brown. Thank you. Gwen Hollander Legal Department City of Clearwater 727-562-4013 S~I+~~~r ~ CITY OF CLEARWA~ R . ~ _,l, a AFFIDAVIT TO AUTHORIZE AGENT y = oQ° PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 9~•4TE1l,~~' MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"d FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 ~~ z~o~ ~t~~s~o~~2~ ~~-P~s~- ~~u~~~ (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: ~.l7 ,, ~~~ ~7~`AC'~Mc'7uT- /mot _ (Addressor General Location) 2. That this property constitutes the property for which a request for. a: ,t~EZo~t/i~c/l~ 2 O~l/te(/L3 i4- 7"LA-S ,~ ~! ~`~!Dlt.ll c`~17"r (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint ~EPtshz2b C~Ce~>`~ as (his/their) agent(s) to execute any petitions or other documents necessary 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner ~' Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersi ned, an officer duly commissi ned by t laws of the State of Flo ~a, on this /~~ day of • ~ ~! ,personally appeared .~~tf ~ C tc1/~'j~C who having been first duly sworn d oses and (says that he/she fully understands the contents of the a davit that he/she signed. #tl~r P MY CONEA#RCE "~ DD 428078 My Commission Expires: ~ ~~ EXPfRES: May 5, 2009 "'~~.4f;t4•' BaMed'Pi1N Nomry Pubkc Underx~iters S: application forms/development review/Affidavit to Authorize Agent ..-tea % f ~ " t.___ Notary Public ~_ ....: • Sep. 21 2006 03:15PM .' YOUR LOGO YOUR FAX N0. 7275624865 N0. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 81 95624021 Sep. 21 03:14PM 01'06 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTAhICE, PLEASE CALL 1-~0-HELP-FAX C43S-73291. ~~~ Clearwater U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 ~4 ~~ i P ~1 ~~ FAX • ~ ! Z ~- (~ ~ ~' Phone: FROM: /fir /CQ ~y~l~t/ Phone: ~~ Z -- ~,`'~~~ DATE: ~ •-7~(~. 0 7 SUBJECT: ~Q~a ~~i' ,~7, ~~/~ MESSAGE: (~//~~jLJ / ( •~~~v'°i ' oa 7i~L~~i NUMBER OF PAGES(INCLUDING THIS PAGE) ~v Pinellas Planning Council -PPC Agend~ • Page 1 of 3 ~.~~ tt l~~~Ir3 #rei, ~uitc ~;, I~rtc~#r, FL '~~~~Gtl PPC Agenda AGENDA FOR THE REGULAR MEETING OF THE PINELLAS PLANNING COUNCIL 1:00 P.M. WEDNESDAY, FEBRUARY 21, 2007 PINELLAS COUNTY COURTHOUSE 5TH FLOOR, BOARD ASSEMBLY ROOM 315 COURT STREET, CLEARWATER, FLORIDA If an item is listed in blue, clicking on it will bring up agenda materials in a new window. The documents are in PDF format and require the free program Adobe Acrobat Reader. For a printable version of the agenda sheet (without attachments), click here. I. CALL TO ORDER A. Invocation and Pledge B. Identification of Members Present II. CONSENT AGENDA A. Minutes of January 17, 2007 Meeting B. Financial Statement for January 2007 C. Countywide Planning Authority Actions -January and February D. Annexation Report- January E. Preliminary March Agenda F. Correspondence III. PUBLIC HEARING - To begin at 1:00 P.M. or as soon thereafter as agenda permits http://www. co.pinellas. fl.us/ppc/ppcagendas/current/ppecurrent.htm 2/20/2007 Pinellas Planning Council - PPC Agend~ ~ Page 2 of 3 A. Public Hearing Format Announcement and Oath B. Proposed Amendments to the Countywide Future Land Use Plan Group 1: Subthreshold Amendments 1. Case CW 07-06: Pinellas County 2. Case CW 07-07: Oldsmar Group 2: Regular Amendments 3. Case CW 07-08: Clearwater 4. Case CW 07-09: Clearwater IV. REPORTS/OTHER ACTION A. Minor Plan Change to Beach By Design Special Area Plan - MPC No. 07- O1 B. Industrial Lands Study Status Report V. EXECUTIVE DIRECTOR ITEMS A. Revision of PAC Membership - St. Pete Beach B. Verbal Reports VI. OTHER COUNCIL BUSINESS A. Chairman/Member Items 1. Annexation Subcommittee Re: Charter Amendments VII. ADJOURNMENT Note: Dependent upon the length of the agenda, the Council may recess for approximately ten (10) minutes at 2:30 P.M. or as soon thereafter as is convenient. "Persons are advised that, if they decide to appeal any decision made at this meeting/hearing, they will need a record of the proceedings, and, for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based." If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance. Within two (2) working days of your receipt of this notice, please contact the Office of Human Rights, 400 S. Ft. Harrison Avenue, Suite 500, Clearwater, FL 33756 (727) 464-4062 (V/TDD). For more information concerning the Pinellas Planning Council and the countywide http://www.co.pinellas.fl.us/ppc/ppcagendas/current/ppccurrent.htm 2/20/2007 Pinellas Planning Council -PPC Agend~ ~ Page 3 of 3 planning process see the PPC website at www.pinellasplanningcouncil.org, call 464- 8250, or write to: 600 Cleveland Street, Suite 850, Clearwater, Florida 33755-4160. This meeting is scheduled to be aired live and replayed in Pinellas County on cable channel 18. Please see current listing schedule at the TV-18 web site. ... :- .t Backto thy„ ~' ~~~~Horr~e ~~ ~' Pa'~~ y ~j _. ~ y http://www.co.pinellas.fl.us/ppc/ppcagendas/current/ppccurrent.htm 2/20/2007 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/UtilitY And The Water%Drainage Feature 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/Utility And Water/Drainage Feature Overlays As Necessary, And Subsequently Applying 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. 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. PINELLAS PLANNING COUNCIL ACTION.• COUNTYWIDE PLANNING AUTHORITYACTION.• H:\USERS\WPDOCS\PPC Mtg ItemsU2EG1TEMS\Peb07PPC1CW07-09Reg.CLW.doc .. SUBJECT.• Case CW 07-09 -Clearwater 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, (15 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 1.55 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). 77. 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, asthey 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 5): Residential Medium in combination with both the TransportatiorrlUtility and the Water/Drainage Feature 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/Cltility and Water/Drainage Feature overlays as necessary, and subsequently applying these categories consistent with this Countywide Plan Map amendment 2 • SUBJECT.• Case CW 07-09 -Clearwater 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. LIST OFMAPS & 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 ivww.pinellast~lannin,~counci~c~rg (see February PPCAgenda and then click on corresponding case number). Support 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 ............. _........... e,~~~ a co~T~, - ~:, .~, ~'~~ Z, t, - ~ }.. 1 1 ., i~ ~ ~ y ~g ~ ,1 al ~~ ~ '~ ~~ _ ~ ~~~ ~ ~ ~ _ .~: j ~~ `~__ ~~~ l2' ~~y"" `~ _ .,•;v-~3~- 5~ vr~ V1 ~z...-~ _ _ _ ~ ++ / ~ , ~~ 4] 41 L~1tJ~ 3 ~fYi1.i~C'1 ~ .. }.~ ..ITT .aS;`R._fQ._.. ~ 3I ~ ~~ ~~ ,.~,,, 1 ~ ~,,,ti_, ~. ~ . .: ~, y- " i` I 4? '~~ t~ b° \ f ~~ ~ i r .- ;. .,~ r ' I f~ ~ y~flf ~ D 1 ~~ 4~a ~j J ' ` 7. L ~IfM SW ~ ~~ 1 .. c. t .a,..X< ~,. GULF OF MEXICO ~: '~ ' ' ~ ~ ~„R ~,~, '. ~ , , ~~ ,,, ;~ . ~~ , j _ _ J ': ~~ ~ l~ ~ } rF~ ~.t vm- \~ i - ~ ~''~~, '~ r~~ TAMPA BAY .~ ~ ~_ ~, ~ 3 f ~~ ~} K Ft ~ ~ ~~ .. t~~" vin _ ._ cASE No. cwo7-o9 ~-~ 1 PINELLAS PLANNING CClUNCIL ~~ I GRAPHICS PItEPARED.:BY. THE .QFFICE OF THE: PINELIAS COUNTY PROPERTY APPRAISER,. JIM SMITH -__. ~~~ Produced by MED[T Y2.2; Copyzight.1.991,1992 Pineitne-County,.Flor2de Proporty Appraiser~~ All Righte.Reaerved. .. _~_~,~ ~_ ~ ~t c RY RH ~~ ~ ~ _,.~ ~._ ~~. y - ~ - o _ ~ ~~ ~ ~~ a _ ~ ~ ~ W i . ~ ,- r Af?8fL1A STREET ..~~. _ _ _~ , ~__.~,._-~ ~ _.__ _ ~. - _ V _ -- T t __ ~ .- __- 1 ~ ,_.~. LI ._~_ ~ _ W ~ I i _ _ _ d ~t C SEI YII~ L ~V ~ ~. [T -. _~ rtlF: l~C - l r W ~~ _. g1.~1A11i.0 QR11+1: ~ RH `~ i ~ i ~~ j- - ~~ ~. ~ __ 4 f i I - - - ~- ~ .._.,~~ . 1 _ - _ .e_~,., - ~ ~ ~- ,_ ~ - ~ R. W ~ -- .~ - - - _ ~ ~}~/ ~ { -:Rte ~ w _ _. -~._ . I -- - - ~ FLT ~ L .. 1 ~ _.. J d -... _ _'_ _ ..-_ - r ... _ .... r. 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"~ , !!! _. k u _ ,-`~""n,----~ - - - --- I .. ~ ~ '~'-. - v~. _~. ~,'~ - J. ~`.~ ,~ ~ -' . - .,~.,--' LJHIVE rL l ~ fi ~ _' ~i ' 1 .~ ~, ~_.._ .__ ......_... v J ~: ~ m c ,.:zw+if ~ Z _ .-~ ~ - ~ ~ ~ ~ ~ cs . ` ~ ~ r taf ~` ' ~ ' ~ _ ... _ '. _ i i'~. < r ~~:~. . __-~ ~ f----.... ~ ',' ' ~ ~"~~ _~ ~ ~~~ ~lySOl~# ROAD ~ ~ t ~ ~ ~~ ~ ~... , _ f ~ ~ ~ ' ~ ~ `~ r. ~ , __ _ ___ ~ _~~ ~ ~ _ ~~_~ ~~ 1~ _,._ ~_I~_ _J ~. ~ ~ ,. -- . __..su~s~t _--~-_ PoiNr ~ Rortio ._.~....~._. __ _ .~ .~. --- ..~ 1 ~~. , ~~ R85YDISN17I1L YD~D U3B // CDYYEHCI-L ..PUBLIC/SBiiI-PUBLIC 3PHCIAL.~S••STTIEEG77tN~~A71@N RUBAI~L LOII lDiDiUY ~ 01F[CB 1.0~ ~ NBIGHBORHDOD PRg'®IYATpH ~ DRAQiA~R FR6SIDPSi7tAL ~. YIDSUII6N[lAL ~ O/'FICS 6L ~ LMRBDF.RCLIL ~ ORP%SPAC~ ~ CORRID08 OatCIAL :', . ' ~ Sll$USmT ~ G t~- 'h'F~i~ t'12At: ~ tATYSC~b`T/[IL ~.av~,_-,i. AEDCHFh7FDit - ~ tNYl'ri'Cti'tCFN~T. ~J ACIII7YY GEi~3'ffi FY.51719.NTRL ItF::FD}:R'i7AL~ r ~ s F~T2pAT' S'OMMt.RCUI. TPatT4~R'QtZCA[I7D!(J ~i%~~ coanna'rrst LUl! ~ VERY IIIGtI • • a_. s ~ACIT1TtFC ~. ~CENF:FtAE: ~ lnbbl4T ~ RfI~YE]11YitC7t7 69YRLAY~ _ ULSTRiCf _.. • .. _. R£S ~P.N'I'!A4 t-~.] t~teC,tLt lY~' F3U~'iN F":5 tiC{aIUY. ~~~}~~~. ~ DLSTP.IGF' 7x1'~lriaT 1h71U`.TltlAt. . ~ ~ FACICi73Tt ~ 7.t711TFi1 7fi1rH t1~~~~ ~{7~ t.E,'V FfiAL .. ~,eV J iV V 1 ~~ii~Ji~h.i - 1..i.L~~~~~~ ~~~~~~ ~. CRAP®CS PREPARED BY THE OFFICE OF THE '. _. AL'~'1"sRNATtVG CCt~f'itQktlSB PRY6LLA9 COUNTY PROPERTY dPPRA1SEK. !I1[ SMI7ft.. [~~C,~~~~''~tI~.1~,'{`~Q~. GRAPAIC9 PREPARED USINC AtED19' VRRSION 2,1 ® SGRI.E 1" = d©C3' Attachment 1 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/L7) and Water/Drainage Feature (W/DF) categories used as overlays to recognize the respective easements on site, subject to the City of Clearwater adopting a Comprehensive Plan amendment as part of its EAR 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 carried (Vote 12-0). Support Document 1 Council Staff Analysis Case CW 07-09: City of Clearwater February 21, 2007, PPC Meeting Relevant Countywide Considerations: 1) Consistency with the Countywide Plan and Rules - The proposed Residential Medium (RM) category is generally consistent with the purpose statement and the locational characteristics enumerated by the Countywide Rules. However, the subject property contains a City drainage easement and Progress Energy utility lines (as noted in the agenda memorandum). It is for this reason that Council staff is recommending that request be amended in conformance with the attached Map 5, to recognize both the drainage easement and utility lines. The Countywide Rules state that the RM designation should: "depict those areas of the County that are now developed, or appropriate to be developed, in a moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such ,~ areas. The Countywide Rules also state that: "this category is generally appropriate to locations within or in close proximity to urban activity centers; in areas where use and development characteristics are medium density residential in nature; and in areas serving as a transition between less urban and more urban residential and mixed use areas. These areas are typically in close proximity to and may have direct access from the arterial and thoroughfare highway network. " In summary, with the exception of the site not serving as a transition between less urban and more urban residential areas and not being located within close proximity to an activity center, the proposed RM category can be considered generally consistent with the Countywide Rules for the following reasons: 1) the site's close proximity to Sunset Point Road (a Minor Arterial Road); and 2) the site's adjacency to other medium/high density residential uses and RLM, RM, and RH Countywide Plan Map categories. Therefore and for these above reasons, the proposed amendment can be considered consistent with this Relevant Countywide Consideration. 1 2) Adopted Roadway Level of Service (LOS) Standard -The amendment is not located on a roadway whose LOS is below "D", nor will the amendment if approved cause the LOS to fall below "D". 3) Location on a Scenic/Non-Commercial Corridor (SNCC) -The amendment area is not located on a SNCC, so these policies are not applicable. 4) Coastal High Hazard Areas (CHHA) -The amendment area is not located in a CHHA, so these policies are not applicable. 5) Designated Development/Redevelopment Areas -The amendment area is not located in, nor does it impact, a designated development or redevelopment area. 6) Adiacent To or Impacting An Adioinin~ Jurisdiction or Public Educational Facility -The amendment is not adjacent to, nor does it impact, another jurisdiction or a public educational facility. 2 ....__.~ _. ,. _, . ._. ~. . .._ ` Support Document 2 DISCLOSURE OF INTEREST STATEMENT l>1:~'TELS~AS COIs~~ ~' c'i_~.~Ni~NG CC)I:;:yCIty. CA:S.E ~I'?i!tI3ER_~_ SUBMITTING GOVERNMENT ENTITY: .CITY OF CLEARWATER a PPC-OR-CITY/TOWN CASE NTJMBER:. LUZ2006-08004 ~ ~ ~' ~. l ~ , i PROPERTY OWNERS: CLEARWATER VII.,LAGE, LLC. - REPRESENTATIVE: MR. BERNARD K. REICHEL, JR: ~ - 1957 FREEDOM DRNE ~ ,: CLEARWATER, FLORII)A 33755 r :. ~ - 3 ~~ ANY OTHER P~I2SOIvTS HAVL'YG ANY. OWNERSHIP INTEREST IN THE SUBJECT t PROPERTY:. NO a ~ Interests: ~ Contingent:' ~ 'Absolute:. Name: Specific Interest Held: ',' INDICATION AS TO WHETHER A CONTRACT EXISTS-FOR SALE OF SUBJECT ( PROPERTY, IF SO: NO ;; Contract is: Contingent: Absolute: ~, :: ! All Parties To Contract: Name....... INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUI3JECT h PROPERTY, IF SO:' NO { .: All'PartiesTo Qption: .Name: Name: . . ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAIl~~tG TO REQUESTED PLAN AMENDMENT: * NU1vIl3ER TO BE ASSIGNED BY~ PLANNING COUNCIL STAFF ~ S: tPlanriingDepaixmentlCi~ BlLand Use AmendmenulLUZ ~0061LUL1006-118004, 1980 King's Highway -New Zion Missionary Baptist Church Bd. of Ti-usteeslPPCtPPCDisclosure SJatementdoc ,. I .. p . Support Document 3 ~, "~ .:.APPLICATION FOR COUNTXWIDE FUTURE LAND USE PLAN AtVIENDMENT Riease complete all the information below as accurately as poss~~le to ensuze that the application for the land use plan amendment can be processed efficiently. Processing of the application will not be started until this form has been completed: If additional space iv needed, please number and attach additional sheets - - - . T. Count~wide'FLLTP Map Amendment Information 1. Cuaent Countywide FLUI' Designation 'l ' 2. Proposed Countywide FLLIP Designation. ~R1VI Il. Local Plan Map Amendment Information ~, 1. Local Plan Map Amendment Case Nunnber LUZZ(106-08004 ~ ~ 2. Current Local Plan Designation(s) UCITY ~ 3. Current Local Zoning Designation(s) I/CITY s 4. Proposed Local Plan Designation(s) RMCITY I NIDR/CITY $ S Proposed Local Zoning Designation(s) t. III. ' Site Descziption 1. Parcel number(s) of area(s) proposed to be amended 03-29-15-55548-000-0091 {include' Section/T'wp/Rne/SUb/BUclLot) , - 2. Acreage Z.Z1 ' j 480 }CI1~GS'RIf;~AY 3. Location t ' . - ~ AC~"=iT ~ 4. Existi:g use, ~ ., . !' 5. Existing density - ~ I'~ ~ I3WELI,IikG Uly`TTS/~GRE~ 6. Name of project (if applicable) ~'~~~' IV. Verification ofLocaLAction 1. Verification of local action to approve amendment to local plan and transmittal of atnendmentto Countywide Plan Map; andJor copy of local ordinance proposing/approving plan amendment authorizing request for amendment of Countywide:Plan Map. V. Other Pertinent Information :: L Submittal letter from-the local jurisdiction to the Executive Director requesting R amendment to the Countywide FLUP. ' 2. Disclosure'of Interest Statement with names and addresses of the application/ X representative and property owner. ' 3. Proposed lcx;al ordinance number and status. X-- 4: Staff report and local action to date, X 5 Attach local plan and zoning maps. X i - F. Include proposed demarcation Line for:environmentally sensitive areas (if applicable)... ~ X 7. Legal description. X . 8. Map clearly indicating amendment location. X i 9. Plan Amendment Application. _ X - "'' ;::~ ,i S: !Planning DepanmentlC D BfLand Use .4mendmentsiLUZ ?0061L ULZ006-08004, 1980 King's Highway -New Zion Missionary Baptist Chwch Bd. of ~ T'rusteeslPPGIFL LII° Application. doe ~. ._ ' • ~ ._- Su ort Docium~nt 4 ORDINANCE NO. 7729-07 P ,. I 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 i LAND USE- DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED APPROXIMAT-ELY 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 ROVIDING AN EFFECTIVE DATE... RESIDENTIAL MEDIUM; P _ ~. WHEREAS, the amendment to the future land use plan element of the :comprehensive ~ ,ry~ ~` plan of the City as set forth in this ordinancei foundto be reasonable, proper and appropriate; ' '..and is consistent with. the City's comprehensive plan, now, therefore, t3E IT ORDAINED BY THE _CITY COUNCIL ' OF THE CITY- OF CLEARWATER; FLORIDA: 'a ... 'Section 1. The future land. use plan element of the comprehensive plan of the City of - r ' Clearwater is amended by designating ,the land use .category!-for the hereinafter described- ~_' property as follows: ~~ Pro a 'Land Use Category is `~ See attached legal description From: _Institutiorial' 4 '. (LUZ2006-08004) To: Residential Medium g Section 2. The City. Council doss 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 ahe 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' o achieve consistency with the Future Land - Use Plan Element of the City's Comprehensive Pfan as amended by this ordinance. ~; PASSED ON FIRST READING PASSED ON' SECOND AND F-NAL READING AND ADOPTED Frank V. Hibbard Mayor ". i Approved as to form: Attest: _ , ' Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 7729-07 i ,i Feb. 20 2007 02:54PM YOUR LOGO. ; YOUR FAX N0. :'7275624865 N0. OTHER FACSIMILE 'START TIME USAGE TIME'. MODE PAGES RESULT 01 98126499 !Feb. 20 02:53PM 00'29 SND 00 ~ DOCUMENT JAMMED TO TURIJ OFF REPORT, PRESS ~' MENU' tt04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HAP-FA5{ C435-7329]. i Feb. 20 2007 03:37PM YOUR LOGO YOUR FAX NO. .: 7275624865 N0. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 98126499 ,Feb. 20 03:24PM 12'47 SND 11 OK TO TURN OFF REPORT, PRESS 'MENU' #84. THEN SELECT ~F BY USING '+' ~ '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-7329). i i j ~ a CDB Date: November 21, 2006 Case Number: LUZ2006-08004 Owner/Applicant: New Zion Missionary Baptist Church Bd. Of Trustees Representative: Bernard K. Reichel, Jr. Address: 1980 Kings Hi hway Sign Posting Acknowledgement I hereby acknowledge receiving a notification sign to post on the property I own and/or represent that is undergoing either an annexation, land use plan amendment and/or rezoning, and will post the sign on the subject property so that it is readable from the most significant adjacent road a minimum of 15 days before the Public Hearing. ~~~~~ Print Name ~ ~~~~0~ Date Public Hearing Date - CDB: 11-21-06 CC: 12-14-06 Posting Date - No Later Than: 11-06-06 CC: 01-18-07 "\ *C7 ~~ :.P p 1 .n ~ ~, ~~ r ITS' ®~ ~.,~A1~T°E R PLANNING DEPARTMENT Posy 01=rlcr: Box 4748, Cl.lnxwn'rr:K, Fl.oalnn 33758-4748 M[JNICIPAI. SIiRVIC1iS BUILDING, lOO SOUTH MYR'fl.[i AVhN[Jli, CLI'.ARWA'1'1?R, Ft.ORIDA 33756 'I'r:Lrr~HONr (727) 562-4567 Fnx (727) 562-4865 LONG RANGB PLANNING Drvla.ot~M1;N'r RI;vll:vv September 15, 2006 Ms. Bernard K. Reichel, Jr. 1957 Freedom Drive Clearwater, Florida 33755 RE: Application for Land Use/Zoning amendment (LUZ2006-08004) approval to change Institutional (INS) land use to Residential High (RH) and to change the zoning from Institutional (I) to High Density Residential (HDR). Dear Mr. Reichel: The Planning Department has reviewed your application for the Land Use/Zoning amendment (LUZ2006-08004) for the site at 1980 Kings Highway. After a preliminary review, staff determined that the application is complete. However, please provide information on the proposed land use for this property. The application has been entered into the Department's filing system and assigned the case number LUZ2006-08004. The following schedule has been tentatively established for the review of your application by various City boards. These meetings are necessary in order to process your request appropriately. The attendance by you or your client is required at the Development Review Committee and Community Development Board meetings. Should any of the following meeting times and/or locations change you will be contacted immediately. 10-OS-06 Development Review Committee, time to be determined (Please call Sherry Watkins at 727.562.4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed.); in the Planning Department conference room -Room 216 - on the second floor of the municipal service building, 100 South Myrtle Avenue in Clearwater. The case will be forwarded to the Community Development Board when it is deemed sufficient. 11-21-06 Community Development Board, meeting starts at 1:00 p.m. in the City Council Chambers on the 3ra Floor of City Hall at 112 S. Osceola Avenue. I~u:~nh I lutit;~rit, ~lnvctr Jc>Ii~ I)ctrnn, (:c n:~~r.ii.,~nc,~tttrr, I I<n-r 1I:~~ni:rc>~, Ccti:~~c:n.~u;>nu;r, lin.i._Jcxae~~, Cuune:n.~nt>nseu (::~ri.t:n A. 1'r:rr•.rsr:rc, Ccn~~c:u.>nt>uterc „Irc tl ini. I'.i~il'L( )1',\II?\''r ,~ni> AI=rn;ntrcl ivlt Ar•~ irn I?,w~l.<t~ rlc,~ ~~; ,^ !~ September 15, 2006 Reichel-Page Two 12-14-06 City Council (first reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue 01-18-07 City Council (second reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue If you have any questions, please do not hesitate to contact me at 727-562-4836. Sincerely yours, Michael H. Reynolds Planner III S.•IPlanningDepartmentlCD BlLanrl Use AmentlmentslLUZ20061L1IZ2006-08004, 1980 King's Highway -New Zion Missionary Baptist Church Btl. of TrusteeslLUZ2006-08004 complete ftr.doc 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 -- R1VI . ,Area: 2.2 Acres m.o.l CASE #: CW 07-09 , . JURISDICTION.• Clearwater LOCATION.• On the west side of Kings Highway; 13(I feet south of Waodlaovn Terrace. RECOMMENDATION: Council Recommend Approval Of The Following (Refer To Attached Man 5): Residential Medium In Combination With Both The Transportation/Utility And The Water/Draina~e Feature As Overlays To Recognize The Respective Easements On Srte, 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/LTtiiity And Water/Drainage Feature Overlays Necessary And Subsequently Applying 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. .. .. ... I'IrTELLAS PTAl!'1lTING COUNCIL ACTT®lv 02/21/07: The Council recommended approval of the amendment from Institutional; to Residential Medium in combination with both the Transportation/IJtility 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 I 1-0). . COUNTYWIDE PLANNING A UTIIORITYACTIDN: 03/13/07: The Board ap roved the Council's recommendation, subject to the above noted conditions, with the additional stipulation that the City notify the CPA when it has completed the amendments to its local Plan and provide documentation`of these actions (vote 6-0). 1 ~. ~ H:\USEi2S\WPDOCSIXYZ In Savior Saup!Countywide Play Map\AmmdmeatsQ00T02Febtnaq~lRepom\CW07-09Reg_CI.W.doc ~S .~ ~ i_ --- F.,:, PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM AGENDA ITEM: II C. MEETING DATE: March 21, 2007 SUBJECT: Consent Agenda: C. Countywide Planning Authority'(CPA) Actions -~ March = : _ RECOMMENDATION.• .. Council Receive Report on CPA Actions and Discuss As A ro Hate - ~' " PP P ~ " (Information Only - No Action Required) - .. .: BAC%GROUND - . ". This information is presented in order to better and more systematically appris'e' -the Council of final action by the Countywide Planning Authority on matters that have been considered by the Council. . At their March 13th meeting, .the CPA tookthe "following action:. .. SCHEDULED PUBLIC HEARINGS: . Subthreshold Amendment: • Case CW 07-OG, a Pinellas County case located on the north side of 143`d Avenue approximately 50 feet east of 63`d Street North -Approved amendment ::from Residential Low to Industrial Limited (vote 6-0). Case CW 07-07, an Oldsmar case located on the north side of DQUglas Rond,east of Hayes Road and west of Commerce Boulevard -Approved amendment from .. .. ,Residential Medium, Residential Medium with Water/Drainage Feature; Residential Medium with Transportation/Utility Overlay, Transportation/Utility, _ Transportation/Utility with , WaterLDrainage Feature and Water with Water/Drainage Feature to Institutional, Institutional with Water/Drairiage ,: ~ `:":. Feature, Institutional with Transportation/Utility Overlay, and Water- with Water/Drainage Feature (vote b-0). n ~ x n DOARD OF COUNTY COMiv115510NERS BOARD OF COUNTY COMMISSIONERS DATE: March 13, 2007 AGENDA ITEM NO. Consent Agenda ^ Regular Agenda ^ County Administrator's Signature: Subiect: Public Hearing ^ Proposed Regular Amendments to the Countywide Future Land Use Plan (FLUP) Department: Staff Member Responsible: Planning Department Recommended Action: Brian K. Smith, Director _,~ IT IS RECOMMENDED THE BOARD OF COUNTY COMMISSIONERS (BOARD), SITTING AS THE COUNTYWIDE PLANNING AUTHORITY (CPA); APPROVE CASES CW 06-52 AND CW 06-53 OF TARPON SPRINGS; CW 07-04 OF PINELLAS COUNTY; AND CW 07-08 AND CW 07-09 OF CLEARWATER. Summary Explanation/Background: The Board has received five (5) proposed regular amendments to the FLUP that have been reviewed by the Pinellas Planning Council (PPC or Council). Item a is Case CW 06-52, which is a submittal by the City of Tarpon Springs. This is a 9.0-acre proposal located at 625 and 631 North Jasmine Avenue. The proposal is to go from Residential Low (up to 5 units an acre) and Preservation to Residential Urban (up to 7 1/2 units an acre) and Preservation. This case had been heard by the PPC at their December 20, 2006 meeting; however, subsequent to the request, Tarpon Springs' staff indicated that the proposed change did not recognize the site's environmentally sensitive wetland and acknowledged that the Ordinance should have included and delineated this area as Preservation. Therefore, the PPC recommended an Alternative Compromise Recommendation of Residential Urban on 6.19 acres and Preservation on 3.08 acres as per the submitted wetlands survey. The alternative compromise recommendation had to be considered by the City Commission within 45 days and then advertised at a later date. The CPA initially considered this case on January 9, 2007 and agreed to consider this case at a later date once the alternative compromise recommendation procedure was completed. The City has accepted the alternative recommendation of the PPC and it is now appropriately before the CPA with a PPC recommendation of approval. County staff concurs with the PPC recommendation of approval. Item b is Case CW 06-53, which is a submittal by the City of Tarpon Springs. This is a 6.9-acre proposal located at 615 North Jasmine Avenue. The proposal is to go from Industrial Limited to Residential Urban (up to 7 1/2 units an acre), Residential Urban with Transportation/Utility Overlay, Preservation, and Preservation with Transportation/Utility Overlay. This case had been heard by the PPC at their December 20, 2006 meeting; however, subsequent to the request, Tarpon Springs' staff indicated that the proposed change does not recognize the site's wetland and Progress Energy utility lines and acknowledged that the Ordinance should have included and delineated these areas as Preservation and with aTransportation/Utility Overlay, respectively. Therefore, the PPC recommended an Alternative Compromise Recommendation of Residential Urban on 2.71 acres, Residential Urban with Transportation/Utility Overlay on 2.74 acres, Preservation on 0.86 acres, and Preservation with Transportation/Utility Overlay on 0.66 acres. County staff has evaluated the subject property and the surrounding existing and planned development and has determined that the subject area appears to be marginally suited for industrial use since it has access only to Jasmine Avenue (a two-lane street serving primarily residential uses) and is isolated from the industrial and commercial properties along U.S. Highway 19 by wetlands located on the western portion of the property. The alternative compromise recommendation had to be considered by the City Commission within 45 days and then advertised at a later date. The CPA initially considered this case on January 9, 2007 and Revised 07-18-03 Page 1 of 1 agreed, ~o consider this case at a 'r date once the alternative compromise -commendation procedure was ~ completed. The City has accepted 1~alternative recommendation of the PPC ~ it is now appropriately before the CPA with a PPC recommendation of approval. County staff concurs with the PPC recommendation of approval. Item c is Case CW 07-04, which is a submittal by Pinellas County. This is a 0.6-acre proposal located on the northeast corner of Nebraska Avenue and Belcher Road. The proposal is to go from Residential Low (up to 5 units an acre) and Preservation to Residential/Office Limited and Preservation. This case was heard by the PPC at their January 17, 2007 meeting and the Council recommended an alternative compromise recommendation of Residential/Office Limited subject to an exception to the Scenic/Non-Commercial Corridor Residential Subclassification for the portion of Belcher Road that serves this site. The PPC also recommended the County determine the need and appropriateness of the Preservation designation on the southern portion of the parcel. The Board approved the alternative compromise recommendation at their February 6, 2007 meeting and it is now appropriately before the CPA with a PPC recommendation of approval. County staff concurs with the PPC recommendation of approval. County staff has evaluated the small Preservation area on the southern portion of the subject property and has concluded that the Preservation designation is no longer appropriate or necessary due to recent drainage improvements completed with the upgrades to Nebraska Avenue. Consequently, Pinellas County will be initiating an amendment in the near future to remove this Preservation designation. Item d is Case CW 07-08, which is a submittal by the City of Clearwater. This is a 2.1-acre proposal located at 2295 McMullen-Booth Road. The proposal is to go from Residential Suburban (up to 2 1/2 units an acre) to Institutional. The subject property has recently been annexed by the City of Clearwater. The amendment is to recognize the primary use of the parcel, which is a church that has occupied the site for 20 years. County staff concurs with the PPC recommendation of approval. Item a is Case CW 07-09, which is a submittal by the City of Clearwater. This is a 2.2-acre proposal located on the west side of Kings Highway, 130 feet south of Woodlawn Terrace. The proposal is to go from Institutional to Residential Medium (up to 15 units an acre). The request does not recognize the site's existing drainage easement for a creek and the easement for Progress Energy utility lines. The PPC, therefore, is recommending approval of the Residential Medium designation for the entire site with the Transportation/Utility and Water/Drainage Feature Overlays on the Progress Energy and drainage easements, respectively. Ordinarily, this situation would result in a PPC alternative compromise recommendation to add the overlays to the subject site, with the City then having to either accept or reject the compromise recommendation prior to the CPA taking action on this case. The City, however, does not have the Transportation/Utility and Water/Drainage Facility overlays as part of its local Comprehensive Plan, and would be unable to amend their local Future Land Use Map to apply these two overlay categories to the site until it has amended its local Plan to include these two categories. This would take several months. In order not to hold up this Countywide FLUP amendment, the PPC is recommending approval of the City request with the addition of the two overlay designations, subject to the City making the appropriate amendments to their Comprehensive Plan and Land Development Code to apply the overlays to the site on the local Plan. The City has agreed to make these changes to its local Plan. County staff concurs with the PPC recommendation with the additional stipulation that the City notify the CPA when it has completed the amendments to its local Plan and provide documentation of these actions. This will enable the CPA to know when the conditions associated with this FLUP amendment have been completed by the City. Since the County staff recommendation differs slightly from the PPC recommendation, approval of the County staff recommendation would require a majority plus one vote of the entire CPA. Fiscal Impact/Cost/Revenue Summary: None Exhibits/Attachments Attached: Council Documentation/Board Minutes Revised 07-18-03 Page 2 of 2 Pinellas Planning Council - PACenda Page 1 of 2 boti ~E~~relar-d Ste~€~t~ Suite ~Q„ Clearwater, EL 3355-160 Phi .~~4b~~~~ F '.46~.8~~ ;' PAC Agenda PLANNERS ADVISORY COMMITTEE MEETING MONDAY, MARCH 12, 2007, 1:30 P.M. BANK OF AMERICA BUILDING 600 CLEVELAND STREET, SUITE 850, EIGHTH FLOOR CLEARWATER, FLORIDA If an item is listed in blue, clicking on it will bring up agenda materials in anew window. The documents are in PDF format and require the free program Adobe Acrobat Reader. For a printable version of the agenda sheet (without attachments), click here. I. MINUTES OF REGULAR PAC MEETING OF FEBRUARY 12, 2007 II. OLD BUSINESS III. REVIEW OF PPC AGENDA FOR MARCH 21.2007 MEETING - See Attached Copy of Preliminary Agenda A. Countywide Planning Authority Actions -February 20 B. Annexation Report -February C. Composite Annexation Report: F.Y. 2000/01-2005/06 D. Land Use Plan Amendments Group 1: Subthreshold Amendments None Group 2: Regular Amendments 1. Case CW 07-11: Clearwater http://www.pinellasplanningcouncil.org/pacagendas/current/paccurrent.htm 3/8/2007 c;: ~ P ~ INELL S PLANNING COUNCIL COUNCIL MEMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida 3 3 75 5-41 60 Mayor Jerry Beverland, Chairman Telephone 727.464.8250 • Fax 727.464.8212 • www. inellas tannin councilor P P g g Councilmember Sandra L. Bradburyy, Vice-Chairman Mayor Bob Hackworth, Secretary Mayor Beverley Billiris, Treasurer Councilmember John Doran Councilmember David W. "Bill".Foster Mayor Pat Gerard Mayor Dick Holmes Vice-Mayor Jerry Knight School Board Member Linda S. Lerner February 23, 2007 Mayor Mary H. Maloof Commissioner John Morroni Mayor Andy Steingold David P. Healey, AICP Executive Director Clearwater Village LLC c/o Bernard K. Reichel, Jr. 1957 Freedom Drive Clearwater, FL 33755 Re: Case CW 07-09 Dear Mr. Reichel: A copy of the Council's recommendation from its February 21, 2007 meeting to approve the amendment to the above referenced case is enclosed for your information and records. This is to notify you that, pursuant to County Ordinance No. 96-23 establishing procedures for public hearing, the recommendation of the Pinellas Planning Council to be considered by the Countywide Planning Authority on March 13, 2007 in the above referenced matter is available for your inspection. If you have any questions, please call me. Sincerely, ``~ David P. Healey, AICP Executive Director cc: Michael Delk, Planning Director City of Clearwater PLANNING FOR THE PINELLAS COMMUNITY ` PIN~.LAS PLANNING COUN(~. AGENDA MEMORANDUM AGENDA ITEM.• III B-~. MEETING DATE: February 21, 2007 SUBJECT: Proposed Regular Amendment to the Countywide Future Land Use Plan Map FYOm: 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/Utility And The Water/Drainage Feature 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 ReQUlations Through The Evaluation Appraisal Report Amendment Process To Establish The Transportation/LJtility And Water/Drainage Feature Overlays As Necessary And Subsequently Applying 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/LTtility 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 PLANNING A UTHORITYACTION: 1 H:\USERS\WPDOCSIXYZ In Service Setup\Countywide Plan Map\Amendments\2007\02February\Reports\CW07-09Reg.CLW.doc Pinellas County BCC Meeting Agenda ~ Page 1 of 9 _ ~m _,,....~ __ ~ ~. ~ _r_~ -, [ 3IlE'.~~IS ~~ ~ ~~~~ rfi~,/© Y-~ ~ 'L`am '~~ ~•A 1 lb. t~~., ~ ~'; ~ s 1 ~.. "" r ~~~ -r ~.-...._._ _..._ _.. __.._,~.~t a*~,~,.~..~.-.,..,.. ~ ... _ , _- _.~.-_~ _ . ..~ - . _. -- a ~'~fisitor ~ Business ®Rzsident ~-Job OpFnings ~ Contact Us Find March 12, 2007 ---Pinellas County Government online--- . v _------. ~ -,--~_-,_ Related Links Pinellas County BCC Meeting Agenda Commissioners Administration BCC Information BCC District Info Budget Information Guide to BCC Meetings Meetinci._Agenda. Meeting.__M_nutes Public_._Pa_rticipation. Worksession Schedule Ca el ndars BCC Meetings Public Meetings Worksessions Maps Interactive Maps Location Maps Multimedia Meeting Archives ~+ Meetin.g._Results ~+ Streaming Video ~+ i Other Resources !Departments. Know._Your_County News Service i Penny for Pinellas ~__. . _. Location: 315 Court Street Clearwater, FL 33756 (727)464-3377 AGENDA Pinellas County Regular Public Meeting Board of County Commissioners (BCC) 9:30 a.m. March 13, 2007 INVOCATION PLEDGE OF ALLEGIANCE to the Flag of the United States of America PRESENTATIONS and AWARDS A. CITIZENS TO BE HEARD Any Person Wishing to Speak at This Time, Excluding Non-Public Hearing Items on the Agenda or Issues Previously Acted on by the BCC, Must Have a Yellow Card Completed and Given to the Board Secretary at the Staff Table Located at the Front of the Board Room. The Chair Will Call Each Speaker, One by One, to the Podium to be Heard. Each Speaker May Speak up to Three (3) Minutes. B. SCHEDULED PUBLIC HEARINGS Any Person Wishing to Speak about a Public Hearing Item Shall Complete a Blue Card and Submit it to the Board Secretary at the Staff Table Located at the Front of the Board Room. The Procedure Used by the BCC in Conducting Public Hearings is to Have a Staff Presentation Followed by the Applicant Presenting the Specific Proposal. The BCC Will Then Hear Comments from the Proponents Followed by Comments from the Opponents and a Staff Summary. The Applicant Will Then be Given an Opportunity to Close and the BCC Will Decide on the Matter. Please Refer to the Back of Your Agenda Copy for More Details on Guidelines for Time Limitations and Opportunities to Speak. 1. Any Person Who Has Been Authorized to Represent an Organization with Five (5) or More .Members or a Group of Five (5) or More Persons Shall Complete a Blue Card, Submit it to the Board Secretary at the Staff Table Located at the Front of the Board Room, and Should Limit Their Presentation to Ten (10) Minutes. It is Expected that Others in the Organization or Group Will Waive Their Time. 2. Any Other Person Who Wishes to Speak about a Public Hearing Item Shall Complete a Blue Card, Submit it to the Board Secretary at the Staff Table Located at the Front of the Board Room, and May Speak up to Three (3) Minutes. The Chairman Will Call Each Speaker, One by One, to the Podium to be Heard. http://www.pinellascounty.org/BCC_agenda.htm 3/12/2007 Pinellas County BCC Meeting Agend~ ~ Page 2 of 9 fax (727) 464-3022 COUNTYWIDE PLANNING AUTHORITY (CPA) PUBLIC HEARINGS 1. Proposed Ordinance Amending the Countywide Future Land Use Plan Rules To obtain copies of public Regarding Map Amendment Submission Requirements (Second Public Hearing) meeting speeches conducted by a Commissioner, please contact the Communications Department at Consideration of the Following Proposals to Amend the Adopted Countywide (727) 464-4600. Future Land Use Plan: SUBTHRESHOLD AMENDMENTS 2. a. Case 07-06 -Pinellas County 0.1 Acre More or Less on the North Side of 143rd Avenue Approximately 50 Feet East of 63rd Street North; Amendment from Residential Low to Industrial Limited b. Case 07-07 -Oldsmar 9.7 Acres on the North Side of Douglas Road, East of Hayes Road and West of Commerce Boulevard; Amendment from Residential Medium, Residential Medium with Water/Drainage Feature, Residential Medium with Transportation/Utility Overlay, Transportation/Utility, Transportation/Utility with Water/Drainage Feature, and Water with Water/Drainage Feature to Institutional, Institutional with Water/Drainage Feature, Institutional with Transportation/Utility Overlay, and Water with Water/Drainage Feature REGULAR AMENDMENTS 3. a. Case CW 06-52 -Tarpon Springs (Temporarily Deferred from January 9, 2007, CPA Meeting) 9.0 Acres More or Less Located at 625 and 631 North Jasmine Avenue; Amendment from Residential Low and Preservation to Residential Urban and Preservation b. Case CW 06-53 -Tarpon Springs (Temporarily Deferred from January 9, 2007, CPA Meeting) 6.9 Acres More or Less Located at 615 North Jasmine Avenue; Amendment from Industrial Limited to Residential Urban, Residential Urban with Transportation/Utility Overlay, Preservation, and Preservation with Transportation/Utility Overlay c. Case CW 07-04 -Pinellas County 0.6 Acre More or Less Located on the Northeast Corner of Nebraska Avenue and Belcher Road; Amendment from Residential Low and Preservation to Residential/Office Limited and Preservation d. Case CW 07-08 -Clearwater http://www.pinellascounty.org/BCC_agenda.htm 3/12/2007 Pinellas County BCC Meeting Agend~ • Page 3 of 9 2.1 Acres More or Less Located at 2295 McMullen Booth Road; Amendment from Residential Suburban to Institutional e. Case CW 07-09 - CCearwater 2.2 Acres More or Less Located on the West Side of Kings Highway 130 Feet South of Woodlawn Terrace; Amendment from Institutional to Residential Medium WATER AND NAVIGATION CONTROL AUTHORITY PUBLIC HEARINGS Pursuant to the Provisions of Chapter 31182, Laws of Florida (1955), as Amended, it is the Policy of the Pinellas County Water and Navigation Control Authority that all Persons Giving Testimony on Matters Relating to Application for Dredge, Fill, or Dock Permits do so Under Oath. If You Wish to Make Statements or Give Testimony Concerning Any of the Water and Navigation Items, Please be Prepared to Stand and Take the Oath When Requested to do so by the Clerk. 4. Dredge and Fill Application DF1799-06 Submitted by Santa Madeira Investment Partners LLC, Lots 11-14 American Legion Drive, Boca Ciega Bay, Madeira Beach 5. Multi-Use Dock Application M37044-06/Revised Submitted by Santa Madeira Investment Partners LLC, 601 American Legion Drive and Lots 11-14 American Legion Drive, Boca Ciega Bay, Madeira Beach 6. Dredge and Fill Application DF1758-06 Submitted by Baywood Drive North Dredge/John Imperato, 532 through 594 Baywood Drive North and 433 through 527 South Paula Drive, Canal off of St. Joseph Sound, Dunedin 7. Multi-Use Dock Application M37266-06/Revised-A Submitted by Blind Pass Lagoons/Gary Morris, 9805 Harrell Avenue, Blind Pass, Treasure Island SCHEDULED PUBLIC HEARINGS -BCC 8. Proposed Ordinance Amending the Pinellas County Land Development Code Concerning Mosquito Control ,~, return to top C. CONSENT AGENDA CLERK OF THE CIRCUIT COURT 9. Approval of Minutes of Regular Meeting of January 23, 2007 10. Reports: a. Pinellas County, Florida, Statement of County Funded Court- http://www.pinellascounty.org/BCC_agenda.htm 3/12/2007 Pinellas County BCC Meeting Agend~ • Page 4 of 9 Related Functions, Sections 29.008 and 29.0085, Florida Statutes, for the Year Ended September 30, 2006 (with Independent Auditors' Report Thereon) b. Juvenile Welfare Board of Pinellas County Interim Financial Reports (Unaudited) Dated December 31, 2006 c. Foreign Trade Zone 193 Annual Report for the Period October 1, 2005 -September 30, 2006 d. Quarterly Report of Routine Dock Permits Issued from October 1, 2006 through December 31, 2006 e. Dock Fee Report for the Month of January 2007 11. Other Approvals: a. General -None b. Vouchers and Bills Paid 12. Miscellaneous Items to be Received for Filing: a. Florida Public Service Commission Notice of Proposed Agency Action Order Approving an Increase in Wastewater Rates in Pinellas County by Tierra Verde Utilities, Inc. b. Florida Public Service Commission Notice of Prehearing and Hearing Regarding Petition by Tampa Electric Company for Approval of a New Environmental Program for Cost Recovery through the Environmental Cost Recovery Clause Held February 22, 2007 and March 5, 2007, Respectively, in Tallahassee c. City of Safety Harbor Ordinance No. 2007-02 Adopted February 5, 2007, Annexing Certain Property d. Resolutions Opposing the Pinellas County BCC Changing the Water and Sewer System Flow of Funds System: 1. City of Indian Rocks Beach Resolution No. 2007-13 Adopted January 23, 2007 2. City of Seminole Resolution No. 01-2007 Adopted January 23, 2007 COUNTY ADMINISTRATOR Public Works 13. Approval to Accept a Plat for Recording http://www.pinellascounty.org/BCC_agenda•.htm 3/12/2007 Pinellas County BCC Meeting Agend~ . Page 5 of 9 14. Approval of a Partial Release of Funds Held as Completion Surety 15. Approval of an Award of Base Bid Plus Option 1 to R.E. Purcell Construction Co., Inc. for Florida Avenue and 14th Street North to Bee Branch Creek 16. Approval of an Award of Base Bid Plus Alternates 1 and 2 to Southern Roofing Company, Inc. for Extension Building Roof and Heating Ventilation and Air Conditioning Replacement Utilities 17. Approval of Change Order No. 1 Final, Acceptance of the Agreement as Complete, and Release of Retainage with Oakhurst Construction Co., Inc. for South Cross Storage Facility 18. Approval of an Award of Bid to Weatherford Engineered Chemistry for Methanol Fuel Other Departments 19. Approval of the Ranking of Firms and Authorization for Staff to Negotiate with the Number One Ranked Firm for Lake Seminole Dredging Project (Environmental Management) 20. Approval of Budget Amendments (Management and Budget): a. No. 42 for Fiscal Year (FY) 2006 b. No. 10 for FY 2007 21. Approval to Declare Surplus, Authorize the Sale of Miscellaneous County- Owned Equipment, and Distribute Sale's Proceeds from Governmental Funds to Fleet Internal Service Fund to Offset Replacement Cost of Future Vehicles (Purchasing) 22. Approval of the Quarterly Receipt and File Report of Claim Settlements from October 1, 2006, through December 31, 2006 (Risk Management/County Attorney) ~, return..to..aop D. REGULAR AGENDA 23. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court) COUNTY ADMINISTRATOR Public Works http://www.pinellascounty.org/BCC_agenda.htm 3/].2/2007 Pinellas County BCC Meeting Agend~ • Page 6 of 9 24. Approval of Installation of Three Speed Humps on 82nd Avenue North between Oakhurst Road and 131st Street North 25. Approval of Installation of Four Multi-Way Stop Conditions and Three Speed Humps, One Pending Future Studies, on 49th Avenue North between 71st Street North and 66th Street North 26. Approval of Amendment No. 1 to the Agreement for Consultant Services with Parsons Engineering Science, Inc. for Bear Creek Channel Improvements 27. Adoption of a Resolution for Assessment for Drainage Improvements to The Glades Phases I and II and Catalina Cove, Unit 5, Lots 1 through 4 Utilities 28. Approval of Amendment No. 1 to the Agreement for Consultant Services with Ash Engineering, Inc. for Capri Isle 16" and 24" Water Main Replacements 29. Approval of an Agreement with Camp Dresser & McKee Inc for Waste-to- Energy Consulting Services Other Departments 30. Adoption of the 2007-2008 Federal Legislative Program (County Administrator) 31. Adoption of a Resolution to Temporarily Waive Section 6-47(a), Pinellas County Code for Golden Retriever Rescue of Mid-Florida for the Second Annual St. Patrick's Day Festival in Historic Downtown Palm Harbor (Community Development) 32. Adoption of a Resolution to Approve A5092141472 as a Qualified Applicant for the Qualified Target Industry Tax Refund Program (Economic Development) 33. Adoption of a Resolution to Approve A6120140339 as a Qualified Applicant for the Qualified Target Industry Tax Refund Program (Economic Development) 34. Adoption of a Resolution to Approve A5072733330 as a Qualified Applicant for the Qualified Target Industry Tax Refund Program (Economic Development) 35. Adoption of a Resolution to Regulate Expressive Activities on County- Owned and County-Leased Facilities (Facility Management) 36. Approval of Authority for County Administrator to .Cancel the Lease Agreement with the City of Belleair Bluffs for Public Park and Recreation Purposes (Facility Management) 37. Approval of Amendment No. 1 to Lease Agreement with Demko Vending, Inc. for Food Service Operations at the Courthouse (Facility Management) 38. Approval of a Purchase Authorization with Five Vendors for Vehicles and Equipment 2007 (Fleet Management) http://www.pinellascounty.org/BCC_agenda.htm 3/12/2007 Pinellas County BCC Meeting Agend~ • Page 7 of 9 39. Adoption of a Resolution Appropriating Earmarked Receipts for a Particular Purpose in the FY 2007 Capital Projects Fund Budget for Unanticipated Grant Revenue for the Department of Environmental Management's Dune Walkovers Project (Management and Budget) 40. Adoption of a Resolution Appropriating Earmarked Receipts for a Particular Purpose in the FY 2007 STAR Center Fund Budget for Unanticipated Grant Revenues, Deferred Grant Revenues, and Reallocation of Reserves for Various Capital Projects (Management and Budget) 41. Adoption of a Resolution Appropriating Earmarked Receipts for a Particular Purpose in the FY 2007 General Fund Budget for Transfer of Unanticipated Grant Revenue to the Sheriff (Management and Budget) 42. Adoption of a Resolution Supporting the City of Tarpon Springs' Application to the Department of Community Affairs for Designation of the Tarpon Springs' Waterfront as a Waterfronts Florida Partnership Community (Planning) 43. Other Administrative Matters a. Announcement for Pinellas County Educational Facilities Authority COUNTY ATTORNEY 44. Approval of Authority for the County Attorney to Defend the Cases of: a. Branch Banking and Trust Company v. Dennis Lucas, et al - Circuit Civil Case No. 07-1343-CI-08 -Mortgage Foreclosure Involving a Community Development Mortgage b. Linda Bernard v. Pinellas County Emergency Medical Services - County Court Case No. 07-000988-SC-SPC -Small Claims Action c. Ken O'Keefe v. Pinellas County Animal Services -Circuit Civil Case No.. 07-1390-CI-15 -Challenge to the Pinellas County Animal Control Ordinance d. Gregory Pesa v. Tarpon Springs Hospital Foundation, Inc., et al Circuit Civil Case No. 07-1455-CI-20 - Interpleader Action 45. Approval of Recommendation of Offer of Judgment in Pinellas County v. Patricia S. Humberstone, as Trustee -Circuit Civil Case No. 06-2019-CI-21, Parcel P001-R1 -Eminent Domain/Airport 46. Approval of Recommendation of Settlement in the Case of Stephen and Angela Spencer v. Pinellas County, et al -Circuit Civil Case No. 03-1349-CI-21 - Trespass, Nuisance and Negligence 47. Miscellaneous http://www.pinellascounty.org/BCC_agenda.htm 3/12/2007 Pinellas County BCC Meeting Agenda ~ Page 8 of 9 .i return to top E. AUTHORITIES, BOARDS, AND COUNCILS CPA 48. Approval of Minor Plan Change to Beach By Design Special Area Plan - MPC No. 07-01 F. COUNTY ADMINISTRATOR REPORTS 49. None ®. return_to to_p G. COUNTY COMMISSION 50. Approval of Two Appointments to WorkNet Pinellas Board of Directors 51. Approval of an Appointment to the Pinellas County Park Advisory Board 52. Approval of an Appointment to the Pinellas Public Library Cooperative Board of Directors 53. Miscellaneous .o® return to top ADJOURNMENT Persons are advised that, if they decide to appeal any decision made at this meeting/hearing, they will need a record of the proceedings, and, for such purposes, they 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. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. WITHIN TWO (2) WORKING DAYS OF YOUR http://www.pinellascounty.org/BCC_agenda.htm 3/12/2007 Pinellas County BCC Meeting Agend~ ~ Page 9 of 9 RECEIPT OF THIS NOTICE, PLEASE CONTACT THE OFFICE OF HUMAN RIGHTS, 400 S. FT. HARRISON AVE., SUITE 500, CLEARWATER, FL 33756. (727) 464-4062 (V/TDDO). PUBLIC HEARING PROCEDURES Public Hearings before the BCC are governed by the provisions of Section 134- 14 of the Pinellas County Land Development Code. That code provides that at the conclusion of each person's presentation, any speaker may seek the Chair's permission to ask questions of staff. Specifically: 1. At the conclusion of the presentations by the applicant and any proponents, all affected parties may seek the Chair's permission to ask questions of or seek clarification from the applicant and/or the proponents. 2. At the conclusion of the presentation by the opponents, all affected parties may seek the Chair's permission to ask questions of or seek clarification from any opponent. The applicant's closing comments will address testimony subsequent to their presentation. Continuing rebuttal of other than directly preceding testimony will not be allowed. Because much testimony has already been submitted in writing, the following guidelines are expected to be sufficient to accommodate efficient presentations: 1. The applicant should present his or her entire case in twenty (20) minutes. ~- return to top Home ~ Weather ~ About us Privacy ~ Disclaimer http://www.pinellascounty.org/BCC_agenda.htm 3/12/2007 f ... PINELLAS PLANNING . COUNCI ~4_ L COUNCIL IV~EMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Mayor )ercy Beverland, Chairman Telephone 727.464.8250 • Fax 727.464.8212 • www. Pinellas tannin councilor Councilmember Sandra L. Bradburryy Vice-Chairman p p g g Mayor Bob Hackworth, Secretary Mayor Beverley Billiris, Treasurer Councilmember )ohn Doran Councilmember David W. "Bill" Foster February 2, ZOO7 Mayor Pat Gerard Mayor Dick Holmes Vice-Mayor Jerry Knight School Board Member Linda S. Lerner Mayor Mary H. Maloof IMPORTANT Commissioner )ohn Morroni Mayor Andy Steingold David P. Healey, AICP NOTICE OF PUBLIC HEARING Executive Director FOR AMENDMENT OF COUNTYWIDE PLAN The Pinellas County Planning Council (PPC) and the Board of County Commissioners, in their capacity as the Countywide Planning Authority (CPA}, will conduct public hearings on proposed land use plan amendments to the Countywide Future Land Use Plan (Countywide Plan) for Pinellas County, pursuant to the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended (Plan Rules), as identified in the .accompanying copy of the Notice of Amendment. Please refer to the case(s) and uiformation'pertinent thereto, including the date, time and place of the public hearings, as set forth on the accompanying Notice of Amendment. The noted amendment(s) include property: within the jurisdiction of your local government; ^ which may be of interest to your local government; ^ for which you have been identified as the owner/representative ofrecord as referenced in the attached legal notice. Also included for your information are the PPC submission and public hearing procedures. Please note, in particular, that any written materials to be considered at public hearing should be submitted not later than seven (7) days prior to the date of public hearing. Please contact us at the address or telephone number listed above with any questions. PLANNING FOR THE PINELLAS COMMUNITY ~ ~ NOTICE OF AMENDMENT OF COUNTYWIDE FUTURE LAND USE PLAN MAP The Pinellas Planning Council (PPC) and the Board of County Commissioners, in their capacity as the Countywide Planning Aufhority (CPA), will conduct public hearings on proposed map amendments to the "Countywide Future Land Use Plan for Pinellas County" (Countywide Plan Map), pursuant to the "Rules Concerning the Administration of the Countywide Future Land Use Plan," as amended (Countywide Rules), as set forth in the listing below. The PPC public hearing will be held on Wednesday February 21 2007 at 1.00 PM The CPA public hearing will be held on Tuesday March 13 2007 at 9.30 AM Both hearings are in the Board of County Commissioners Assembly Room, 5th Floor, Pinellas County Courthouse, 315 Court Street, Clearwater, Florida. The PPC will make a recommendation to the CPA on the proposed amendments to the Countywide Plan Map as fisted below, or to other plan categories as determined appropriate in accordance with Chapter 88-464, Laws of Florida, as amended, and the Countywide Rules. Any amendment that qualifies as a subthreshold amendment will be considered under the official acceptance process and will be approved by the PPC and CPA as subthreshold, unless by majority vote of either board, it is removed from the subthreshold portion of the agenda and continued for consideration as a regular amendment at the same or a subsequent meeting. Any member of the public or interested person may be heard at the public hearings with respect to a request to remove a subthreshold amendment for consideration as a regular amendment. The following proposed Countywide Plan Map amendments will be heard at above listed PPC and CPA public hearing dates and are listed as follows: 1) CW 07-06 -Submitted by Pinellas County - 0.1 acres m.o.l. From: Residential Low To: Industrial Limited Location: On the north side of 143` Avenue approximately 50 feet east of 63`~ Street North. The proposed Industrial Limited category is used to depict areas appropriate for light industrial uses. The current Residential Low category is used to depict areas that are primarily well-suited for low density residential uses at a maximum density of 5 dwelling units per acre. The amendment area is vacant. 2) CW 07-07 -Submitted by Oldsmar - 9 7 acres m o 1 From: Residential Medium, Residential Medium with Water/Drainage Feature, Residential Medium with Transportation/Utility Overlay, Transportation/Utility, Transportation/Utility with Water/Drainage Feature, and Water with Water/Drainage Feature. To: Institutional, Institutional with Water/Drainage Feature, Institutional with Transportation/Utility Overlay and Water with Water/Drainage Feature Location: On the north side of Douglas Road, east of Hayes Road and west of Commerce Boulevard. The proposed Institutional category is used to depict areas appropriate for public/semi-public institutional use (i.e., public and private schools, hospitals, clinics, churches, day care, libraries, etc.). The current Residential Medium category is used to depict areas that are primarily well-suited for medium derisity residential uses at a maximum density of 15 dwelling units per acre. The current Transportation/Utility category is used to depict areas appropriate for transport and public/private utility service use. The Transportation/Utility Overlay category is used to depict utility easements for areas appropriate for transport and public/private utility service use. The Water/Drainage Feature category is used to depict areas that include water bodies and drainage features, or that are proposed for such uses. The amendment area contains Progress Energy and City utility easements and is undeveloped. :• n 7) CW 07-04 -Submitted by Pinellas Count' - 0.6 acres m.o.l From: Residential Low and Preservation To: Residential/Office Limited and Preservation Location: On the northeast corner of Nebraska Avenue and Belcher Road. The proposed Residential/Office Limited category is used to depict areas appropriate for office, mixed use, and/or low density residential use (maximum residential density of 7.5 dwelling units per acre). The current Residential Low category is used to depict areas that are primarily well-suited for low density residential uses at a maximum density of 5 dwelling units per acre. The Preservation category is not being amended as a function of this request and is used to depict natural areas worthy of preservation. The amendment area is vacant. The details of the proposed amendments are available at the office of the PPC, 600 Cleveland Street, Suite 850, Clearwater, Florida, 33755, or by calling (727) 464-8250. Also, more detailed lists of potential uses associated with each Countywide Plan Map category are available by accessing the Countywide Rules on our website at www.co.pinellas.fl.us/ppc/rules/cntyrule.htm (go to Article 2). Interested parties are invited to attend the hearings to present facts or express views on the cases shown in this advertisement. The public is hereby advised that the effect of any proposed amendment may significantly impact the type and intensity of use of the subject property and may be of interest to neighboring property owners. The PPC will make an advisory recommendation to the CPA for approval, approval with modification or conditions, denial, denial with alternative recommendations, or continuance of the items. The recommendation by the PPC and the action of the CPA may amend the Countywide Plan Map from the existing plan category to the proposed plan category as referenced above for the amendment, or to another plan category as may be determined appropriate based on the public hearings and consistent with the Countywide Plan, Countywide Rules and procedures related thereto. If a person substantially affected decides to request an administrative hearing based on a decision to deny the request at any of these hearings, they will need 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 petition for the hearing is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Within two (2) working days of your receipt of this notice, please contact the Office of Human Rights, 400 South Fort Harrison Avenue, Suite 500, Clearwater, FL 33756, (727) 464-4062 (VlTDD). • 1/30/07 Ryan Brinson 1980 Kings Highway amendment. Issue when submitted to them ordinance reads changes from I to Res. Medium. New rules to be approved this month state that the ordinance needs to verify all the categories transmitting to the PPC. Ordinance did not include one of the map categories. Excludes water drainage feature. Whichis part of his map. Did not consider FL power easement. Proposong alternate compromise recommendation will include overlays for the easement for progress energy and City's drainage easement. Drainag is ontheir map FL is not on their map, but our survey identifies it. Because we ID the easement son our srvey we need to amend our map to identify thine. Procedurally PPC when amn amnmendment comes before them, they have been deemuing it a transp utility overlay. Alt compromise goes back to the City. Countywide rules don't require it. Because the surveyshows this on there, they are asking for inclusion. At least 2 yestrs. Have been doing this. Once the overlays apply, it affects the buildable area and density of the property. Overlays Affects buildable area., so they can use underlying density from the overlays. Averaging. Advisory. 20 over 2.2 instead of 1.2 acres. City of Clearwater this would be a first. Throughout 2006 have had 3 or 4 PPC slapped on the trnasp utility overlay. PPc wants to accomplish recognition of the easement on their map and our maps. It's a category under transp overlay category. P 2-43 Sec. 2.3.3.7.4. amending map from Inst to Inst 1 with a a trnsp utility overlay. Recommending Alternate Compromise as per will do as CW0704 on 1/8/07. Because not included inf first amendment of them they are asking that City go back and amend our application to include the drainage easement and utilty overlay. We have to resubmiteither way and then Councilmust approve. CPA would then deny it. • When it comes time for alternate compromise or do it as amend our application.? Significant utility easements need to be included on the overlay maps. They would like to have on the map. Water drainage easement not identified in our application. It asks current Countywide FLUM designation under amendment info. Where we should list. And this would be'Inst and I sent with water drainage feature. 2.3.3.8.1 We are requesting Inst and Inst wi water Drainage Feature. Our amendment needs to be Res,. Med and Instl with water drainage to RM with water drainage. Confirm no change 0 overlay . If subject parcel has these categoric they are identifying and other designations and amend the parcel. The survey helps them pinpoint where it goes so they want it to mention because it changes their map. The current map has drainage easement but it needs to be called out because it is changing because now it will be specific & actual, no longer approximate. Did staff consider the effective density on the property? Bring it to our attention. Amend Inst and Inst with water drainage feature to RM and RM with water feature. And Transp Utility Overlay . This is how they have always done it procedurally. City Coununcil amend ithe application or Leave it stand as submitted and they will ask for alternate compromise recommendation for these areas to be delineated as per survey. If PPC approves the alternate recommendation; it sends it back to us. 1/31 Mike R. ad gone to PPC early yesterday to appease Ryan. In return Ryan was going to give his info to Mike. In order for us to make heads or tails as to how the Rules apply,w e need of know the space the esement stake up on the property, esp utilities because RM has an acreage limitation 2.3.3.2.2 for tramsp and utility use. Gina wants him to show easement sto Scott Rice. Does the easements affect the density or not., averaging.? Subparcel level? Can he go to a Subparcel level? Is this relevant. Let us know what he can or cannot do. Should we do his two or a third alternative. Is there a timing issue, by when do we have to amend if we choose to do so or do we want to continue it? .: 2/2/07 MIKE CRAWFORD Looking for whole thing is blue and we changing to brown. When they see easement should be ID in overlay. Wants it shown on map Does not affect property rights, usesbased on underlying land use. Just shows unique Water drainage featues. Not clear id waterbody and drainage squiggly lines. Travels thru area, not specific to site„ as a retention pond does. Doesn't remove rights. Open water 3 acre theshoold, drainage depicted at any size when travels through property. Judgment call too. Not clear the way it is written; we have applied it as from the beginning. Alternate recommendation. Why aren't they shown already. Doesn't know. 1990 map was reviewed. Overlays in many cases esp in unicorp that are not whon proerply and correct them as comein. Continually update. Their maps ae made up. Anoterh is preservation. Just like ti. Is attempt to get to greater consiitency. Denisty. Points it out to the Council. Will not change the recommendation. What Actual effective density will look like---more dense than the overall density would seem.. Not in this case. Treecutting going on. Natural characteristics on the site.Uses consisntent with environment. Recommend approval to RM alternatev compromise recommendation with utkty trans overlay and water drainage feature overlay. PPC sends ltr back to us and Council. 2/21 PAC 2/123 pPPc 1/21 letter to Council CPA 3/13. 2na reading reflects this. Final product reflects hwat is done at countywide level. WE provide legal only. OR PPC insists onverlays do you agree. Coucil does not agree CPA then PPC recommends denial. If CPA denies there is an appeal process or subsequent resubmission. Chapter 120 appeal process. Cleaning up process with new rules. GINA Legal issues: Clearwater does not have overlay for transp utility like this. It is allowed only in institutional category and as a primary use. It does not allow for density/intensity. ' ~ As for water overlay in Clearwater, does not allow for density and (see Comp Plan A-11 & 12 had CDC code stuff init) and is allowed only in IM category Elliot Schoberg working on drainage project . See stuff IE NEW LEGAL DESCRIPTION. QUESTIONS Are easement s recorded? ~/ ~~ ~ ~, , °o ,"~ t ''• r', PLANNING DEPARTMENT ~`~.~.~.~~ ~~y~ Posy OFF,c:r Box 4748, CI.I:nriWn"rFa, Fl.oalnn 33758-4748 r ~riwr:r~~'~~i M[1NICIPAI. SIiRVICHS I3UILD[NG, lOO SOU"I'H MYR'r7.Ii AVNNUI:, CLEARWA"I'IiR, FLORIDA 33756 TIiLIiFrIONIi (727) 562-4567 Fnx (727) 562-4865 Logic Rv~cF Prn~~~I:.c January 17, 2007 DI'sVIiLOPi\4IiN"f 1Zh/IIi\X~ Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2006-08004 -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 Institutional (I) (City) future land use to Residential Medium (RM) (City) future land use and to change the zoning from Institutional (I) (City) to Medium Density Residential (MDR) (City) for one parcel of land totaling 2.21 acres for property located at 1980 Kings Highway. When the applications to amend the future land use and zoning were submitted to the City of Clearwater, the property was owned by the New Zion Missionary Baptist Church Board of Trustees. The owner is now Clearwater Village, LLC. Attached is a letter dated today from Freedom Title Agency, attached to a copy of the warranty deed. This amendment was passed on first reading at the January 18, 2007 City Council meeting. Attached please find all of the required information for this request. If you need any additional information, please contact me at 727-562-4836. Sincerely, ~~ ~- ~. Michael H. Reynolds Planner III Attachments: Disclosure Statement Applications Staff Zoning Atlas with Designated Area Staff Report with Maps Ordinance No. 7729-07 and & Ordinance No. 7730-07 Copy of letter from Freedom Title, .dated January 17, 2007, with warranty deed copy S:IPlanning DepartmentlCD BlLand Use AmendmentslLUZ20061LUZ2006-08004, 1980 King's Highway -New Zion Missionary Baptist Church Bd. of TrusteeslPPCIPPC Transmittal Letter.doc Fr.;\nh I Li+iinru. Mnvor f\ J~nia I~cmn; , C~>uncn.,\n;.~nsi:r: t (cn~r I In\m:rc~~. Cctr~t:u ~utwtrr 13n.i.J~m,w>u, Ct>i~ncn.ntr:auso-:~i Cnri.en A. I'r~rttrsr:n. C~ti~~~cii_Autynsel: "Iic~uni.IiMhLOVnm:vrn~nArrrr:atA"nvitAc:rul~ I?,\u~i.o\itit,~ I~ • ~ DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER SUBMITTING GOVERNMENT ENTITY: PPC OR CITY/TOWN CASE NUMBER: PROPERTY OWNERS: REPRESENTATIVE: CITY OF CLEARWATER LUZ2006-08004 CLEARWATER VILLAGE, LLC. MR. BERNARD K. REICHEL, JR. 1957 FREEDOM DRNE CLEARWATER, FLORIDA 33755 ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: NO Interests: Contingent: Absolute: Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: NO Contract is: Contingent: Absolute: All Parties To Contract: Name: INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: NO All Parties To Option: 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: IP/anning DepartmentlC D BlLand Use AmendmentslLUZ 20061LUZ2006-08004, 1980 King's Highway -New Zion Missionary Baptist Church Bd. of TrusteeslPPCIPPCDisclosure Statement.doc ,~ APPLICATION FOR C TYWIDE FUTURE LAND U ~' PLAN AMENDMENT ~~ ,,Please complete all the information below as accurately as possible to ensure that the application for the land use plan amendment can be processed efficiently. Processing of the application will not be started until this. form has been completed. If additional space is needed, please number and attach additional sheets. I. Countywide FLUP Map Amendment Information 1. Current Countywide FLUP Designation 2. Proposed Countywide FLUP Designation II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number LUZ2006-08004 2. Current Local Plan Designation(s) I/CITY 3. Current Local Zoning Designation(s) UCITY 4: Proposed Local Plan Designation(s) RMCITY 5. Proposed Local Zoning Designation(s) MDR/CITY III. Site Description 1. Parcel number(s) of area(s) proposed to be amended 03-29-15-55548-000-0091 (include Section/Twp/Rng/SubBllc/Lot) 2. Acreage 2.21 3. Location 1980 HINGS HIGHWAY 4. Existing use VACANT 5. Existing density 12.5 DWELLING UNITS/ACRE 6. Name of project (if applicable) N/A IV. Verification of Local Action 1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map; and/or copy of local ordinance proposing/approving plan amendment authorizing request for amendment of Countywide Plan Map. V. Other Pertinent Information 1. Submittal letter from the local jurisdiction to the Executive Director requesting X amendment to the Countywide FLUP. 2. Disclosure of Interest Statement with names and addresses of the application/ X representative and property owner. 3. Proposed local ordinance number and status. X 4. Staff report and local action to date. X 5. Attach local plan and zoning maps. X 6. Include proposed demarcation line for environmentally sensitive areas (if applicable). X 7. Legal description. X 8. Map clearly indicating amendment location. X 9. Plan Amendment Application. X S: (Planning Department) C D BlLand Use AmendmentslLUZ 100tiILUZ2006-08004, 1980 King's Highway -New Zion Missionary Baptist Church Bd. of TrusteeslPPCIFL UP Application.doc ^--~\\ '/ / ~ e ~ / ~ ` .`` 1 / 1 ~ ~',~..11 ~~' ' ~ ,1 /~ 1 ~~~~i January 17, 2006 Planning °Department City of Clearwater Dear Sirs: .I~~ ~ '~ ~~Qr n1.EWN7N~ ~tP/~6TiNdkt~! ~t1Y®e~° The attached Warranty Deed shows the change of ownership of a lot on Kings Highway in Clearwater. The closing took place on December 22, 2006. The new owner of the property is Clearwater Village, LLC. Sincerely, lr, Mary Beth Nuckols Title Processor ~ r • .~ree oYYI 7"~ t~e Agency, a dba o{ Atlae Creet, Inc. .Reastate C~osinas - 7"it~e Insurance - .escrows 1465 s. Fort Harrison Avenu¢, suite 102, Clearwater, ~L 33756 P~ione(727)447--7772 fax (727)442-8665 • Prepazed by and return to: ATLAS CREST, INC., dba FREEDOM TITLE AGENCY 1465 S. Fort Harrison Avenue, Suite 102 Clearwater, FL 33756 Property Appraisers Parcel Identification Number: 03/29/15/55548/000/0091 WARRANTYDEED KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 20064695701212712006 at 04:42 PM OFF REC BK: 15554 PG: 852-854 Dot:Tj7pe:DEED RECORDING: $27.00 D DOC STAMP: 51925.00 This Warranty Deed, Made the ~ day of December, 2006, by LEROY HOWARD, ADOLPHUS MERRICKS, ALPHONSO FRAZIER, JERRY BUTLER, STEVE JOHNSON, WILLIAM GLEN, CHARLES HARRIS, FREEMAN W. HINSON, ALTON TAYLOR, JAMES ROBINSON and JEROME C. COLEMAN, TRUSTEES OF NEW ZION MISSIONARY BAPTIST CHURCH, hereinafter called the GRANTOR, to LEARWATER VILLAGE, LLC, whose post office address is ya 3 C /e velczn ~ St ~earwa-~f- ~ (' 3 3 -7ss ,hereinafter called the GRANTEE: (Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grant, bazgain, sell, alien, remise, release, convey and confirm unto the GRANTEE all that certain land in Pinellas County, State of Florida, to-wit: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" Subject to covenants, restrictions, easements of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVEAND TO HOLD, the same in fee simple forever. AND the GRANTORS hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. IN WITNESS WHEREOF, the said GRANTOR has signed and sealed these presents the day and yeaz first above written. Signed, sealed and delivered in our presence: LEROY HOWARD, Trustee N w Zion Mission Baptist Church ~ ~to~ ALPHONSO F I ,Trustee New Zion Missionary Baptist Church Y Baptist Church Ne Zion Mission ' t Church ~ ~~ WILLIAM GLEN, rustee New Zion Missionary Baptist Church ~~ V HARLES HA S, Trustee New Zion Missionary Baptist Church lE ~ ~ ~~~CR'~~ YN~"~ ~ 0 FREEMAN W. HINSON, Trustee New Zion Missionary Baptist arch AL ON TAYLOR, Trus e New Zion Missionary Baptist Church .k~fES ROBINSON, Trustee New Zion Missionary /BJ aptist Church J ROME C: COLEMAN, Trustee New Zion Missionary Baptist Church P S ME S, stee New Zion Missionary Baptist Church STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ~~ day of December.2006, by LeRoy Howazd, Adolphus Merricks, Alphonso Frazier, Jerry Butler, Steve Johnson, William Glen, Chazles Harris, Freeman W. Hinson, Alton Taylor, James Robinson and Jerome C. Coleman, Trustees of New Zion Missionary Baptist Church, who are rsonally known to me or have produced _ Q ~ as identifica ' N Y PUBLIC My Comm. Expires: ~P• ~~dSSIOryF~ ; 9 .,~~ ~y 31 2pD~A9F, ~~' N: .Y l LEGAL DESCRIPTION EXHIBIT "A" 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 DEG. 15'17" WEST ALONG THE NORTH LINE OF SAID LOT 9, 30.00 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 00 DEG. 16'06" EAST BEING 30' WEST AND PARALLEL TO THE EAST LINE OF LOT 9 205.00 FEET, THENCE SOUTH 52 DEG. 29'00" WEST 375.75 FEET TO THE WEST LINE OF LOT 9, THENCE NORTH 00 DEG. 15'36" WEST, ALONG SAID WEST LINE OF LOT 9, 437.72 FEET TO THE NORTHWEST CORNER OF LOT 9, THENCE SOUTH 89 DEG. 15' 17" EAST, ALONG THE NORTH LINE OF SAID LOT 9, 299.09 FEET TO THE POINT OF BEGINNING. I CITY OF CLEARWATEii ~'~~`~( APPLICATION FOR , l~, COMPREHENSIVE PLAN AMENDMENT lY' (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: GY/L=~jIN Z /Dn/ M l5Slbn/A2 y ~j-jp7-~~ ~f MAILING ADDRESS: l<OZ. L'~jZpt/,~/it/2~/ c~~ PHONE NUMBER: 7,~7--,~ /~6/ - 7~S"Z'7` FAX NUMBER: /7~/ PROPERTY OWNERS: <VL~ ~ Z/grc/ ~/vS/f7lV/1TLy ,~f.4f>TISj L //1 (List alf owners) AGENT NAME: ~~,~/I//Q/Z~ ~ /GL~/L'~C/r , CJ~ , MAILING ADDRESS: ~,~ G'~ede%t/~Jd ~T ~~YCPJlt3~~ ~ 3~75.~ PHONE NUMBER: 7Z7 ~oJB pDboZ FAX NUMBER: ~~~ S SocarION.ORMATION: ©~ jZ ~ //5/~~~ STREET ADDRESS: U/'YCQIt- IT ~(~f`~ LEGAL DESCRIPTION: PARCEL NUMBER: .S'c ~ SIZE OF SITE: ~ Z• Z ~L'/ZEj FUTURE LAND USE ,7„., CLASSIFICATION: PRESENT: ~aoo Oo9/ ~ `~t ~~t . IrvAL RECEIVED >DO O~~ I'I.AAI~INII~C L7EI7AR MERE't CITY ©F CLEAR -.TER REQUESTED: ~ ~? ZONING CLASSIFICATION: PRESENT ~ / REQUESTED: ~ZJI~ PROPOSED TEXT AMENDMENT. ~~~iLl~i° , yJQJ ~Q ~~ lij/f ~ ~~ J~y (use additional paper if necessary) I (We), the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS representations made in this application Sworn to and subscrl ed before me this /S day of are true and accurate to the best of my/(our) ~(,LC u , A.D.,~9~9g2 to me knowledge. by /~a/ • ,who is ~~ personally known a_ s produced _ ~L ~~/~fs lri C~vtS~-~ as identification. ~ ~- Signature of property owner or representative Q ~~7 .1 , Signature of property owner or representative Notary p my commission ex_pir_es: _.a~~,ev~•._ BETTY PEARCE Bonded Thru Notary i ~`• ~V CITY ®F CLEARWATER ~~ APPLICA'T'ION FOR ZONING ATLAS AIi~IENDIVIENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"`' FLOOR PHONE (727) 562.4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: /o~cl ~I. !5 s/. MAILING ADDRESS:~1J< eB7~a 1~,~/j~©f7~it/,~/~/ ~//, PHONE NUMBER: /~ / 7~/` 6~~ / FAX NUMBER: PROPERTY OWNERS: 4V r~~/ ~/O.t/ ~/S'~'/OIVl~IZ~ ~,~FJT15'T ~~U/~'`) ~ ~S~FL'~ (List all owners) AGENT NAME: ~E/LJtl~s2D ~ L/C C /CeS//C~~ i ~~ / i ~""J 2 MAILING ADDRESS: y~3 L~/~/~~/»O~ ~ C~~Qy(l~'Lr~P//~ ~G- cJ.~Z~,~ PHONE NUMBER: 7Z ~ rpdB G~6 pZ FAX NUMBER: SITE INFORMATION: .c',/ LOCATION: z l ~~cJ Tc~ OOD O~ / STREET ADDRESS: j~i~}CQlc1T' G-©T~ LEGAL DESCRIPTIC PARCEL NUMBER:. EXISTING ZONING: ,1,A1STlTCl7ClOl5(~¢t~ PROPOSED ZONING: ~~~ _ LAND USE PLAN / /~7 `? CLASSIFICATION: ~T!/fC~ SIZE OF SITE: ~_ Z~ z ~ i el~~s REASON FOR REQUEST: ~C^~~~'~~i~I.'~r~! T I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. Signature of property caner or representative STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to ands bscribed before me this lS day of ' ~- u.5'~ , A.D.,-9~ a to me and/or by - ~ c.J./~'Kol ,who is personally known has produced ~! 7)n'f~-~--s L,`c~--~-~ as identification. ~ ~ ~_ ary public, my commission expires: _ ___ BETTY PEARCE MY COMMISSION # DD 426078 Bomled Thru Notary Public Underwriters Page 1 of 2 5~~~~r ~ CITY OF CLEARV~'.. ,:R ~,~1- s AFFIDAVIT TO AUTHORIZE AGENT y =_ o~ PLANNING & DEVELOPMENT SERVICES ADMINISTRATION q<1'gJEp.F~' MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"" FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 ~~~ Z /O~t/ /~-«s~o~v~2s~ ~J,~-,o7~ s7`~ C'~u ~c~ (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: ~~~' ~47T/-~f?~Mt~l.i7- ~ v (Addressor General Location) . 2. That this property constitutes the property for which a request for a: .t~~ zOtt//cl/~ 2 D~/1 ~(./G, ~4- 7"LA-S ,~ ~l C'7nlDrCl1 ~`~17- (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint ~E,Pi<R2b as (his their) agent(s) to execute any petitions or other aocuments necessary 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner STATE OF FLORIDA, COUNTY OF PINELI.AS Properly Owner Before me the undersi ned, an officer duly commissi ned by t laws of the State of Flo ~a, on this 1S'day of ~~r~,,, fl/ ~~ , ,~ personally appeared _~ e t.c~~''f~C who having been first duly sworn d oses and says that he/she fully understands the contents of the a davit that he/she signed. ~t~r MY CbMM 86 ONE~E ='• DD 426078 My Commission Expires: ~: ~~ EXPIRES•May5,2009 ~~f,t~•~ ean~a~+NduYR+hlicUndennpets S: application forms/devetopment review/Affidavit to Authorize Agent J f'"' _- f~~_ Notary Public G~ ~~~ `. a ~~~~~. Church Minstries Pastor, Dr. LeRoy Howard Chairman, A. Frazzer Cleric, Rhonda Cole Treasurer, A. Merricks Director of Training Rev. J. Seymour Bible Band Director Minister C. Lawrence Minister's Wrves Minsitry Hattie Howard, President Sunday School Mary L. Dukes, Supt • Aduft Men • Women's Class • College & Career • Intermediate Class • Junior Class • Primary >£ Beginners Deacon 8 Deaconess Ministry .Ward 1: Adolphus Merricks B. Williams, P. Jelks, I Haynes, .Ward 2; A. Frazier, J. Butler S. Frazier, P. Miller, V. Butler .Ward 3: F. Hinson G. Speed, M. Ware, J. Coleman, S. Coleman .Ward 4: A. Taylor, L. Taylor, S. Johnson, F. Johnson , G. Watkins .Ward 5: Charles Harris; S. Harris, R. Cole, D. Gatewood Mission Ministries .Brotherhood .Senior Women •Intemrediate Women •YWA & Jr. Women .Youth Department Other Ministries .Budget & Planning .Pastors Aide Ministry .Benevolence Condolence .Van Ministry .Ushers Ministry Music Ministry T. Hanison, Director of Music • Mass Choir .Male Choir, Chon,s .Choir Number One •CH Mobley Choir .Youth Choirs Media Ministry Jeff 8 Kristie Mack New Zion Missionary Baptist Church 11.82 Brownell Street, Clearwater, Florida 33756 Church Phone: (727) 461- 7524 email: newziomnbc@aol.com November 2, 2006 ~ECElVE~ City of Clearwater City Attorney & Zoning Department M0~ ~ 2 2006 Clearwater City Hall PLANtdU~G pEppR~~ 112 S. Osceola Ave. ClIY®FCIiARI~IAI~R Clearwater, FL 33756 To Whom It May Concern: This letter is written to confirm that Pastor, Rev. LeRoy Howard, has full permission of the church body, ofFcers, and members, to be the signer on all documents with the Clearwater Village Corporation. Pastor Howard has previously been given authority by the church and Deacons (Trustees) to be a signer on any document that gives Bud Reichel, Sr. Vice-President of Planning, a representative of Clearwater Village, permission to act on the Church's behalf in the manner of rezoning the King's Highway property. In our monthly business meeting, held on Wednesday, November 1, 2006, the church reaffirmed Pastor Howard's position as a signer on all documents with Clearwater Village, which gives Bud Reichel permission to act on the church's behalf for the purpose of rezoning the King's Highway property. 1 r Board of Deacons ( stees) _. ` ~-----_. _.__ _ Alp gnso L. Frazier Ch~rman Steve Johnson, Co-Chaff an Alton Taylor, Sr. r ~, reeman Hinson C. Adolph s erricks . eI 'y BU eI l°`' William Glenn Jerome Coleman ames Robinson Respectfully yours, • ~l~-P~t~S ~f~~ ~1 S New Zion M' sioa ~" i~hurch Church Cle ~~~`~~ _ Rhonda Cole, ;~,G" Rev_ LeRov Howard P stor ~~F , "~ ~ ~ ~iiA~ ''~ ~ ~ ' - --- - ------ - -• V - - - -- --------- -- 3a.~:384K 2~ '~''~-~~9'i li:4i~1h -- - _ .JAC - Prepared_by artd return to: ~ -- - •~ cT ~, ~ FREEDOM TITLE AGENC9f, INC. - a o ~`£ ~ 635 Cleveland Street _ ~,• ~ Clearwater, FL 33755 i '~ . iQ: . ~~. ~ __ 727-447-7772 :__: 4~~;.! x,;• ?~; iii,' Pzopexty Appraisers Pazcel Identification Number: ~• ~Y _~ ,~71f[1 .,~~( s ~• 43/49/15/55548/000/0090 + . • 99-4144e6 ,DEC-27-1993. 1't 41~ . ~ D~3 ~ INEtiM.i iE! Eilt 1QTQ3 PG - - 1~ - - .- - ,. arru~H~~u . 1tb1i/ Ind~IILtirR, Made -the o~~"'•day of Deptmber, A.D. 1999, by SUNSBT POINT - ' ~JIPTIST CHURCH OP' •CI+8Ah1nl•PSR•,• MARIflO[, I1Qt: , a-f3ozYda rnon-profit tbrpozation, - , - hereinafter called the GRANTOR, DF- Y li~PT1ST CHURCIi, sad their succtssora is office, KITH FILL POMER A1tD AZTYFIORI2Y - 1~0 PRO~'BCT, COlISSRVB, SBI.L, LEASI{, •BNCIIl~SR OR OTHER~IISE MANAGE AND DISPOSE OF SAID PROPSRYY., -whoss post ,off ice addXess !r 1182 Brownell Street,• Clearwater, - ~ Tz~~~ a.- ~i.,,s~-.. :i 1~ -the-~-- - - - - - - - -- - u4ese.te ors rer!^ tee [u~ •tarlae• ra •Qarew• fnelre es1 tie ~rrtlr to the Wct~~e w cr ~eire. 1w•1 • .~rpeeexc.w w erc~ ee ia~~Ss. W tai roew~se~ M~ ~ii~.r et eoq«~eiarri ~aAilc~~rllyt eye a+ea •711tsy~tl• ~ad- - •oooss• a eeeL btu ea ~: • • • .MISl~fB!'Yi That the GRAIFI+OR; for and in consideration of the sum of .. 32 D . OD - a;b! valu~iB t tsf~i#dErst 1~1fl~: ;sC f fs heleb'~-- - - - - acknowledged•, hereby-grants, bargains, rolls, alienr, remises, releases, • conveyr and confirms unto-~~S~ll~hat_ Ctrtaia land in P~sl_la4 .._ _ _ County, Stat~e• of: Florida, to-.wit o - • SEE LEGAL DESCRIPTION ATTACHED ~ • • l1DQilSiR•with all the tenements,-hereditaments and appurtenances thereto ~elogging or iri anywise appertainang. • rD ~~ a~ S~ 11IDLG, the same in fee simple fozever. -- - „•, - . - A11D the ~ tr~rith said GRANTEE that the GRANTOR is lawfully seised of said land in fee simple; that the GRANTOR has good right ' and lawful authority to selb and coavty said land; that Lhe GRANTO(t hereby • fully warrants title to•said land and will defend the same against the lawful - --Glaims of all persons whomsoevex; and that said land is free of all _ . encuw:braaoes, exespt taxcr'accruing u:brequenL to December 31, 1999 . I'1/ 1-i'lMiBt 1~1, the said GRANTOR has signed and staled these presents the day and year first above Qrftten. ~ '- v _ •~ Signtd,'sealed and delivered is our presence: - - ~ _ ~s _ _ ~ ~ J ,~ .. r),'~. r - ~j~ - SUNSET POINT BAPTIST CHURCH ~ -~ i - -- N'tnee~- ~ OP CLEARNATER FLORIDA, INC. ' w' ese Pr to ame By: z ' r witness Urv1c~~ •~~-: !Z Its 7 STATE OF FLORIDA _ __ - COUNTY OF PINELLAS The foregoing instyr~u~m/e/~n(t~ was ~c(knowledgtd before me this oZ•'iday.of be a f of Baia Sunset POint Baptist C urc o C e~arwater, F on a, Inc who is personally known to me or has produced ~ i_ i,L as • 'identification. ~'- ` ~_ ~t ~, ~ _ C'~^ by ~'' ~~~-~ NOTARY PUBLIC -- - My Comm. Expires: ' ~ vwrtr:r N sw~r - . M!~rCelwewronCCaosoz~ «rrtfk~e w N. , . ~ F~,Nrr za zoos / 1- ---- -~ j ~ J Exprw F~b:wry c~ _ - • COTY ®F CLEARVVATER APPLICATI®N F®I~ C®MPREHENSIiOE PLAN AMENDMENT IOIEVI/ ZIOiV MISSIOiVAf~Y BAPTIST CHUI~?CH The purpose of this request is to change the zoning from, .Institutional to High Density Residential. The following takes the City's Code and responds to each of the goals there in so that the review committee has to hand the necessary data to insure the there intent and purposes are being met by this request. Section 2-501. Intent and purpose. The intent and purpose of the High Density Residential District ("HDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of higher density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the city. The property in question is located adjacent to Kings Highway with HDR Property to the North and Pathways Community Church to the south. Between the two church properties is a buffer zone created by a drainage easement owned by the City and a Power Easement owned by Progress Energy. It is the Intent and Purpose of this request to dramatically improve a residential area that has been long neglected. It should be noted that the proposed development has specific advantages to the local area, increases property values, maintains the environment and above all increases the tax base for the City of Clearwater and is consistent with the City's Development Goals. Section 1-103. General purposes. A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. This request, being consistent with adjacent zoning, provides an opportunity to provide the City with affordable housing in the middle income brackets while at the same time enhancing the value of that adjacent property by providing a facility that is not leased but owned. The planned project is a condominium of 30 units with ancillary facilities (pool and recreation). It is a family oriented, middle income bracket project with aesthetically designed landscaping. B. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by: 1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment; The existing property is insufficient in size to support the construction of the New Zion Missionary Baptist Church for which the property was originally intended. Re-zoning allows for the owners to develop the property and by so doing provide the community with quality residential property and raise the funds to allow the Church to expand its existing facilities. 2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; The proposed condominium is of a quality much over the quality of surrounding properties. While the final design is still in concept phase, architectural renderings have been provided for the committee's review. 3. Strengthening the city's economy and increasing its tax base as a whole. C. It is the further purpose of this Development Code to promote economic development, neighborhood revitalization, and regional cooperation to sustain efforts through which development will protect regionally significant water and other environmental resources. The proposed project will not have an adverse environmental impact but rather will greatly improve the area. The Progress Energy Easement to the south of the property will be grassed and kept up by the Condominium Association. This project will not intrude into this easement. Likewise, the City plans in 2008 a reclamation project to the existing drainage in the area that abuts the south border of the property and creates a natural barrier between this property and the Church property to the south. D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. The proposed project, through the Association, insures the property shall remain well maintained; certainly, far beyond the other structures in the area. E. It is the further purpose of this Development Code to: 1. Provide for adequate light, air and privacy; secure safety from fire, flood and other damage; prevent overcrowding of the land and undue congestion of population; and improve the quality of life for the citizens of the city; The proposed project provides the residents with a gated access will provide adequate open space for family recreation and will generally improve the quality of life for the residents. The building will have fire sprinklers (required by Code) and will have the required hydrants. 2 2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. The proposed project, as an extension of the zoning to the north, will allow the development of amulti-family three story building that will meet the goal of orderly development. 3. Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. The review committee will recognize to preservation of land value will be exceeded with the approval of the request. To the best of our knowledge there is no conflict between the use of the land and the proposed development. 4. Provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, with particular regard for safe and efficient vehicular and pedestrian traffic movement. There will be no adverse impact on vehicular traffic aside from that normal and anticipated with this type of development. It is expected the impact fees paid will compensate for any impact. Sidewalks will be provided along Kings Highway. 5. Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings; This project greatly increases the aesthetics of the area and further more, provides new living and ownership opportunities to the middle income bracket there by making it attractive to those wishing to relocate to the city. 6. Provide for open spaces through efficient project design and layout that addresses appropriate relationships between buildings on the project site and adjoining properties, including public rights-of--way and other public places; The proposed access to the project will be from the Clearwater Village private road. Thus the rights-of-way will not be impacted. 7. Protect and improve the quality of water resources and wetlands in both interior and coastal areas and preserve floodplains, drainage ways, and other natural areas having beneficial hydrological characteristics and functions; As mentioned earlier, the City plans on reclamation project to occur in FY 2008 to the drainage easement to the south of the property. No impact to this project will occur. 8. Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property. 9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property 10. Establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property 11. Enumerate density, area, width, depth, height, setback, coverage and like requirements for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and desired community characteristics; This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property 12. Coordinate the provisions of this Development Code with corollary provisions relating to parkirig, fences and walls, signs, minimum habitable area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city. This re-zoning request is consistent with the zoning along the west side of kings Highway and adjacent to the north of the property We look forward to the opportunity to meet with the Committee and answer any questions that the Committee may have. 4 Map Output Page 1 of 1 Title to dis la on Ma East LaKe Palm Harbor fl Idsma r Dunedin a Safety Harbor Clearwater +!~~ ~ ~! . M ~~ r r~: iDLE6MLD L7Ft ~ ~ ' r%n~ + • Belleau Belleau Beach ~ ~ v a • + ^ r • ~ ^ m La~a Feather Sound Harbor Bluffs ~ ~ ~ ; 8 ~ r • s ~i ^ ~ :n a m , • f Legend • • + ~ HDR ~ C7 H~lili~trierl Faafursj • • n5 ^ • • s • e • • - Sal:rcier] Featurys --r~~ m ' ^ . Parcel Lniormai~~n wooQUawrt t ~a • *~j ~ • a ^ a a + • ^ • • • sirae1:s Par~als • • r MDR ^ 1~~ ~~~ ~ • i ~ o ~ L-MDR i . ' ° ~ ,,~~ STATE-•gT f y s • !~ ^ ° ~ • ~ ~ s- i • u. 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A 251 B CDB Meeting Date: November 21, 2006 Case Number: LUZ2006-08004 Owner/Applicant: New Zion Missionary Baptist Church Address: 1980 Kings Hi~hway Agenda Item: F 13 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION PROPERTY SIZE: (a) Future Land Use Plan amendment from the Institutional (I) Classification to the Residential High (RH) Classification; and (b) Rezoning from the Institutional (I) District to the High Density Residential (HDR) District. 96,267 square feet or 2.21 acres PROPERTY USE: Current Use: Vacant Proposed Use: Attached dwellings PLAN CATEGORY: Current Category: Institutional (I) Proposed Category: Residential High (RH) ZONING DISTRICT: Current District: Institutional (I) Proposed District: High Density Residential (HDR) Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 1 EXISTING SURROUNDING USES: North: Single family residential and attached dwelling units South: Institutional (church) East: Single family residential West: Single family residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 2.21 acres in area located on the west side of Kings Highway, approximately 110 feet south of the intersection of Woodlawn Terrace and Kings Highway. This property has a FLUP classification of Institutional (I) and a zoning designation of Institutional (I). The applicant is requesting to amend the FLUP designation of the site to the Residential High (RH) classification and to rezone the property to the High Density Residential (HDR) District in order to develop 30 attached dwelling units with swimming pool and recreation amenities. In accordance with the Countywide Plan Rules, the FLUP amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on density, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4- 603.F.1) Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 2.1 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 .Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 2 ~. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law The proposed plan amendment is not consistent with Clearwater Comprehensive Plan Policy 2.2.1 (development compatibility). The development of 66 attached residential units at this location will be not compatible with the surrounding environment, even though it will not significantly impact levels of City services. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Residential High (RH) category, as specified in Section 2.3.3.3.1 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a highly intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban and intensive qualities, transportation facilities and natural resource characteristics of such areas. The site is located in close proximity to an existing church to the immediate south. To the north and east, is single family residential land use. Attached dwellings are located to the north and west. Institutional, Medium Density Residential, Low Medium Density Residential, and High Density Residential Zoning District designations surround the site. The proposed use of the property, attached dwelling units, is consistent with the purposes of the Residential High (RH) Future Land Use category, but the Locational Characteristics of The Countywide Plan Rules, for Residential High, Section 2.3.3.3.1, are not met. Neighboring properties are not high density residential in nature. Further, the applicant is proposing 30 attached condominium dwellings on 2.21 acres of land. The Residential Medium (RM) Future Land Use category allows for 15 dwelling units per acre in the Medium Density Residential District (MDR). Residential Medium Future Land Use and MDR zoning are more appropriate considering the proposed development of the property. Specifically, the surrounding area as a whole, is not high density. residential in nature. Also, the site location is not served directly by mass transit, not providing an alternative to individual automobile use. Recommended Conclusions of Law The proposed plan amendment is not consistent with the purpose and Locational characteristics of the Countywide Plan; therefore, the proposed amendment is not consistent with the Countywide Plan. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 3 III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact Residential land use characterizes the immediate areas to the north, west, and east. The neighboring residential uses vary from single family residential to the east, and to multi family residential to the west, north, and northeast. Property to the northeast has a Future Land Use Designation of Residential High and is highly concentrated with attached residential units, two stories in height. A church occupies property to the immediate south. Further south is the intersection of Kings Highway and Sunset Point Road. Recommended Conclusions of Law The proposed FLUP designation and rezoning are not in character with the overall FLUP and zoning designations in the area. They are not compatible with surrounding uses and not consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earlier, the overall subject site is approximately 2.21 acres in area and is vacant. Based on a maximum permitted development potential in the proposed Residential High category, 66 dwelling units could potentially be constructed on this site. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table. 1~1f1.1"I1~IL)MPOTEN'i'IAL TRAFFIC Current F.xisfinti Plana Proposed ,1 et New Sunset PoinfRoad; Beth- Lane to Kin};s Ilil;itF~~ay Situation Plrcn~ Trips ~° Maximum Dail Added Potential Tri s N/A 197 404 207 Maximum PM Peak Hour Added Potential Trips3 N/A 19 38 19 Volume of Sunset Point Road: Between Betty Lane and Kin s Hi hwa 12,692 12,889 13,096 207 LOS of Sunset Point Road: Between Betty Lane and Kings Hi hwa C C C C N/A =Not Applicable LAS =Level-of-Service 1 =Based on PPC calculations of trips per acre per day for the Institutional Future Land Use Category. 2 =Based on PPC calculations of flips per acre per day for the Residential High General Future Land Use Category. 3 =Based on MPO K-factor of 0.095 Source: "77ie Rules " of the Countywide Future Land Use Plmc Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 4 • Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Sunset Point Road, Betty Lane to Kings Highway, has a LOS of C. This segment is within close proximity to the site. The proposed FLUP category will generate 19 more trips on this segment of Sunset Point Road than the current category. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Net D~i~elling 1Sct Incrcasc Increase L;ses units/Square llail~ of _lvera~e P'~i Peak of~PM 1~'notagc Trips Dail}- "f rips 'Grips Peak Tri s Ex isting Zoning (I) / Future Land Use Plan (I) urc rips per 1,000 sq. ft.) 62,573 570 N/A 88 N/A square feet Proposed Zoning (HDR) /Future Land Use Plan (RH) High Rise Condominum 66 276 -294 25 -63 dwelling units The proposed plan amendment and rezoning will not result in the degradation of the existing LOS to the surrounding road network. Even though the subject property is vacant and new trips will be generated by the development, the proposed plan amendment and rezoning will not result in the degradation of the existing Level of Service to the surrounding network. Furthermore, the City of Clearwater Engineering Department has concluded that the traffic generation associated with the proposed amendment will result in a net decrease in traffic. Mass Transit 'The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject site is not located on any mass transit route. However, mass transit routes are located on Sunset Point Road, Betty Lane, and Highland Avenue. Water The current FLUP category, Institutional, could use up to 6,257 gallons per day for a 62,573 square foot church. Under the proposed FLUP category, Residential High, water demand, based on 66 potential residential units could approach approximately 16,500 gallons per day. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 5 Wastewater The current FLUP category, Institutional, could produce up to 5,006 gallons per day for a 62,573 square foot church. Under the proposed FLUP category Residential High, based on the potential of 66 residential units, sewer demand could approach approximately 13,200 gallons per day. Solid Waste The current FLUP category, Institutional, would result in the production of 50 tons of solid waste per year fora 62,573 square foot church. Under the proposed FLUP category, Residential High, the development of 66 residential dwelling units could generate 167 tons of solid waste per year. Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of` up to 66 attached dwelling units. Open Space, Recreation Land and Recreation Facility impact fees will be required when the property is developed with residential uses. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process . Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network or to the operational efficiency of the signalized intersection. Further, there is an increase on demand for water, wastewater, and solid waste service. Open space and recreation facilities and mass transit will not be affected by the proposed future land use plan and zoning designations. V. IMPACT ON NATURAL ENVIRONMENT (Section 4-603.F.5.] Recommended of Findings of Fact No wetlands appear to be located on the subject site. This property is wooded to some extent. In the event that development is proposed which does not meet the minimum development standards of the Community Development Code, site plan review may be required. Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject site. The site is wooded. There is minimal impact to the City of Clearwater by the potential 66 attached residential units. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 6 VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact The location of the proposed High Density Residential (HDR) District boundaries is consistent with the boundaries of the subject site. However, the proposed boundaries are not logical as the site is abutting to one existing HDR zoning district to the northeast, but lower intensity zoning districts elsewhere. HDR is not consistent with the character of the area and the locational characteristics of the Countywide Rules. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. However, the proposed zoning district is not appropriate as it is not in character with the overalt zoning designations in the area. HDR is not consistent with the character of the area and the locational characteristics of the Countywide Rules. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-502 & 4- 602.F.1. and .2.] Recommended Findings of Fact The Institutional Zoning District does not permit detached or attached dwelling units. The proposed land use is attached dwelling units. The subject site proposed for rezoning has a lot width of approximately 300 feet and a lot area of 2.21 acres (96,267 square feet). The High Density Residential zoning district minimum lot width requirement is 150 feet and the minimum lot area requirement is 15,000 square feet. Recommended Conclusions of Law The proposed use of the subject site is consistent with the uses allowed in the High Density Residential zoning district and the site meets the minimum lot width and area requirements of the District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the Institutional (I) category to the Residential High (RH) category and a rezoning from the Institutional (I) District to the High Density Residential (HDR) District for the subject site is requested. The site proposed to be developed is 2.21 acres (96,267 square feet) and exceeds the minimum lot size requirement for the development of 30 attached residential units within the High Density Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 7 Residential Zoning District. The neighborhood is characterized by a mix of single family residential detached dwellings, a church, and attached residential dwellings. The proposed future land use. plan amendment and rezoning is not compatible with the existing neighborhood. The proposed Residential High (RH) Future Land Use Plan classification and High Density Residential (HDR) zoning district are not consistent with the City and the Countywide Comprehensive Plans, and is not compatible with the overall surrounding area. A Residential Medium (RM) Future Land Use Plan classification and a Medium Density Residential (MDR) zoning district are consistent with the City and the Countywide Comprehensive Plans, and would be compatible with the overall surrounding area. The site meets the Purpose and Locational Characteristics of the Future Land Use Classification of Residential Medium (RM), pursuant to Section 2.3.3.2.2. Neighboring property is medium density residential in nature. Based on the above analysis, the Planning Department recommends the following actions on the request: ACTIONS: a) Recommend DENIAL of the Future Land Use Plan amendment from the Institutional (I) Classification to the Residential High (RH) General Classification; b) Recommend DENIAL of the rezoning from the Institutional (I) District to the High Density Residential (HDR) District; c) Recommend APPROVAL of the Future Land Use Plan amendment from the Institutional (I) Classification to the Residential Medium (RM) General Classification subject to concurrence of the applicant; and d) Recommend APPROVAL of the rezoning from the Institutional (I) District to the Medium Density Residential (MDR) District subject to concurrence of the applicant. Prepared by Planning Department staff: ~1-t < ~~-u.~c ~ , ~in..~~ Michael H. Reynolds, AICP, Planner III Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S: I Planning Departrnentl C D BlLand Use Ame~sdmentslLUZ 20061 LUZ2006-08004, 1980 King's Highway -New Zion Missionary Baptist Church Bd. of TrusteeslPrintable StaffRepor•t, LUZ2006-08004.doc Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 8 l~ O I,C o~n~r --;;_~:;;:Y ::~ PROJECT ': ~' 1 ~ A.~ ~ ~~`~°~ ~• s~rE :f ~ w ~ ~ ~ GRi S ~~ w o~ S'y OAK PL • J Q PNE IDLEWILD ~ as 5 q~u C ~ u~ ~r-~I ~~ D^O a ~ 4 ~Q~ S. 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New Zion Missionary Baptist Church ~ Case: ~ LUZ2006-08004 Site: 1980 Kings Highway Property I 2,21 acres Size f Acres) Land Use Zoning PIN: ~ 03/29/15/55548/000/0091 From : I I To: RM MDR Atlas Page: j 251 B S: VPlanning REZ map request • • • ~ ~ I $ ------J--- ~ ------~•------ 115 24 23 22 27 20 ,9 ,$ W 2 1 9 , ~ _ 125 140 I ~---- 75 ~ dg 3 ~ -----~------ 3 j 10 16 I. -..--..._ -.~---- 1 118 tl 15 17 Z W ----- --- ~ 4 O 4 ~ ~ " 2~7 1 141 78 I 2018 117 5 -- -- - - 14 13 ~ ulti F il ----- -~--- ------- ® 7 y am --- -~------ esi~e~tial 17d ~ 142 ' 118 77 $ 9 ,0 „ 12 ------~- 7 ~ ,4 ®ALP/NE RD 78 s ° ° WOODLAWN TER e ~ ~ ~~, . ,, TRH ~,3~ ° ~-R~sidgn alp- ~ ~ 1 ~yy~ 1 2 3 4 5 8 7 125- 1 e r- rnx 1999 z ~ 1 ~O O 7 l_ _,. 2007 ,3 1980 ~~ ` s ,z R e O • 186 1 ~ 19 88 ~ 1988 ~ 82 1,-984 >3 ~ ae6s y gle $a 10 1980 ,0197 11981 ~ ~ ' a ~ ~ O.~ $ 11 1974 a 7:977 197 ~ ^ ~ pp N q ~ ~ ~ 7 1972 !96922 s 190 196>~ BYRAM DR 5 1968 ~ 4 1964 O ,a *• $ 8 ~ ~ ing e a ~ 88 icy ~ „ issl4 Institutional g R~si C~~1 ~ 1956 1950 2 1962 1 19 ~ 1860 --- ~ 1957 50 53 ~ » °o^ ~ ~ it '~ 1944 ~ ,yam . O 1954 1 ~ ~ t_ ~ 193 ~ 1944 1943 ~ ~ s3 1952 -----}g69. 2s ~' .,- 1937 1938 ,938 Q 1937 ~ -----°--- -------------- - -•~--- 48 55 ~ ~ ----° --------"-------° ~ r-- -, 1931 1932 1861 ~ 1932 a~ 58 -1333 L 1 , .._ _ ~ 1925 1826 1925 1826 46 57 ~ 60 71 18 ~ ~ I 1919 1920 1919 1920 19 ; 20 45 58 59 72 Existing Land Use Map Owners: New Zion Missionary Baptist Church Case: LUZ2006-08004 Site: 1980 Kings Highway es ~•2t acres Size(Ac ): Land Use Zoning PIN: ! 03/29 /15155548/000/0091 From : I I To: RM MDR Atlas Page: 251 B J: it'tanning DeparlmentlC D Blforms and shelislMap request forms20031ANX, LUZ, REZ map request form.doc 1 s ,zs ,39 ~ I 115 ~L_T z 24 23 22 2, 20 ,9 ,8 2 9 ,25 ,40 ~ ~ 2023 ~ „6 3 t5 16 17 3 10 78 Q 4 . a 4 11 ~}7 141 2018 78 117 5 14 13 ~ 5 12 2012 >7 s ~~ tai 1t8 . 7 8 9 10 11 12 6 13 7 to $ALPiNE RD 76 ~°6 $ WOOD s ~ ~' - ~~ .. 60 r- - --~ r- - ~ TRACT 'B' Q L_ ~' `_ ~' 1 t 2 3 4 5 6 7 2080 80 6 r.._ ~ x 13 1999 O O ~ 7 ~ ~ 2007 MDR ,980 2003 14 8 12 Q. f1$gg J96 1 ~ 9 1988 199 O 82 87 tb984 9 ~ ~ 1~5 84 ~ ~ 10 1980 107976 1}ffi1 ~ ~ 85 O ~ „ 8 a 177 ,97 ~ 67 ~ ~ ~ ~ ;~ ~ pR NI 1974 , o ~+ v N A BYR 7 1972 TR 1969 22 ~ ~ ~ 61970 19613 ~ O $ 1968 ~ 5 ~ F- 9 ~ 195 4 1964 .- 196124 0 v 51 y-2 1956 65 1958 2 1982 180 1957 7 l 1949 1950 1950 1949 67 W 194 7 TR -G- ~ 25 50 53 - W ~ ' OS ~ .r ~ ' 1944 Q 194 1958 14956 O 1954 1953 ~ ~ -i 49 ~ Q 7943 66 (/~ ~ O J952 26 ^ 1944 19 1937 1938 ~T. Q 7937 1938 ~ 193 ~48 55 ~ 62 ~ ~ t-.- ~- ~--~ 1931 1932 m 19361 70 1932 1 931 47 68 ~ l ~ ~~ ~ 1925 J926 ig~, Zoning M ap Owners: New Ziori 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 1 To: RM MDR Atlas Page: 251 B ~: trtanning Lepanmennc, L /Stjorms anu sneus1t1~1ap requestfolmsZ0ll31ANX, LUL, !tEL map requestform.doc - s TRACT t , 8 ,zs 13s I W „5 24 23 22 21 20 19 18 ~' 2 9 ~ 2023 //~// J~~ Q 125 ,40 116 (~ ,5 16RM t7 W 3 10 78 W 2~~7 141 1 7s a . ~ 4 „ 2018 m ,4 13 ~ 5 12 2012 i 6 W 123 142 118 "RU 7 8 13 g 9 10 11 12 7 ,4 ~ALP/NE RD RH 7a ape eo `~j WOODLAWN TER ~ o 80 T- '~ ..y r~ R Q H ~_~ ~_~ 1 1 2 3 4 5 6 7 ~0 _ mx ~p A 1999 O -i-\ ~ 2 2007 13 R/ Il 1880 ~ ~ W 2003 14 .T.' ~~r~ ,2 ~ 799 ~ 796 1 ~ 98 198 O 81 8 ~ t99~ Z 82 ,V 984 ~ ~ 1~5 9 ~ ~ ~ 84 °' 0 980 101976 ~1 88 85 ~ O ~ k 1dty7 P 8 1973 87 $5 •, vR ~ 11 1974 QJ~pi~ ~ v l . 7 1972 1969 22 ~ V ~ '~ 80 87970 19623 O R $ 5 1968 1 ~ 9 4. 1964 S 196124 / 2 1962 760 1957 TR 'G" ~ 25 1958 ti 1Q'958 O 1954 1953 ~ 1952 26 `~' P r-- ---1 ~~ ~ ~~ v° 51 ~ f956 1949 1950 50 53 T- ""'1 199:19 ~ 1944 1937 1938 48 55 7937 47 7932 56 ~ 66 195 ~ 1956 1950 194 1949 67 7 W 64 ~ 1944 Q 194 Q 7943 ~ y Q 7937 1938 ~ 193 ~ 62 V m 7931 7932 1937 61 70 1925 7926 7C7. Future Land Use Map Owners: New Zion Missionary Baptist Church Case: ~ LUZ2006-08004 Site: 1980 Kings Highway Size Acres): 2.21 acres Land Use .Zoning PIN: 03/29/15/55548/000/0091 From To: RM MDR Atlas Page: 251 B S:IplalmingDepartmentlCD B{forms and shells{tLfap request forms20031ANX, LUZ, REZ map requestform.doc Views looking east (top left) and south (top right) and northeast (bottom left) and north (bottom right) LUZ2006-osoo~ New Zion Missionary Baptist Church 1980 Kings Highway • ORDINANCE NO. 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: Property See attached legal description (LUZ2006-08004) Land Use Category From: Institutional To: 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 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: ~ Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 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 ~' ORDINANCE NO. 7730-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE .CITY BY REZONING CERTAIN 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 MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See attached legal description From: Institutional (LUZ2006-08004) To: Medium Density Residential (MDR) Section. 2. The City Engineer is directed to revise the zoning atlas of the- City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7729-07 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7730-07 ~~ 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. 7730-07 ~' l~~ ~? ~ I "~ C,~' -, ~. c~~~ ~ ~:1 1~ AGENDA FOR THE REGULAR MEETING OF THE PINELLAS PLANNING COUNCIL 1:00 P.M. WEDNESDAY, FEBRUARY 21, 2007 PINELLAS COUNTY COURTHOUSE 5TH FLOOR, BOARD ASSEMBLY ROOM 315 COURT STREET, CLEARWATER, FLORIDA I. CALL TO ORDER A. Invocation and Pledge B. Identification of Members Present II. CONSENT AGENDA A. Minutes of January 17, 2007 Meeting B. Financial Statement for January 2007 C. Countywide Planning Authority Actions -January and February D. Annexation Report -January E. Preliminary March Agenda F. Correspondence 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. Proposed Amendments to the Countywide Future Land Use Plan Group 1: Subthreshold Amendments 1. Case CW 07-06: Pinellas County 2. Case CW 07-07: Oldsmar Group 2: Regular Amendments 3. Case CW 07-08: Clearwater 4. Case CW 07-09: Clearwater IV. REPORTS/OTHER ACTION A. Minor Plan Change to Beach By Design Special Area Plan - MPC No. 07-01 B. Industrial Lands Study Status Report • EXECUTIVE DIRECTOR ITEMS A. Revision of PAC Membership - St. Pete Beach B. Verbal Reports VI. OTHER COUNCIL BUSINESS A. Chairman/Member Items 1. Annexation Subcommittee Re: Charter Amendments VII. ADJOURNMENT Note: Dependent upon the length of the agenda, the Council may recess for approximately ten (10) minutes at 2:30 P.M. or as soon thereafter as is convenient. "Persons are advised that, if they decide to appeal any decision made at this meeting/hearing, they will need a record of the proceedings, and, for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based." If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to Sou to the provision of certain assistance. Within two (2) working days of your receipt of this notice, please contact the Office of Human Rights, 400 S. Ft. Harrison Avenue, Suite 500, Clearwater, FL 33756 (727) 464-4062 (V/TDD). For more information concerning the Pinellas Planning Council and the countywide planning process see the PPC website at www.pinellasglanningcouncil.or~, call 464-8250, or write to: 600 Cleveland Street, Suite 850, Clearwater, Florida 33755-4160. Items covered under this agenda can also be viewed on the PPC website listed above. This meeting is scheduled to be aired live and replayed in Pinellas County on cable channel 18. Please see current listing schedule at: http:l/www.pinellascount~org/tv 18.htm. Pinellas Planning Council -PAC Agend~ ~ Page 1 of 2 ~~ ~ ~~ ~~~ s~t#t} leu~.nd S~re~t, ~ii~ ~~ ~I~r~v~t~r¢ FL :i~7i~-1Ca1~ Rhone 727.46~.~3~Q ~: ~~~.~~i~.~2~2 PAC Agenda PLANNERS ADVISORY COMMITTEE MEETING MONDAY, FEBRUARY 12, 2007, 1:30 P.M. BANK OF AMERICA BUILDING 600 CLEVELAND STREET, SUITE 850, EIGHTH FLOOR CLEARWATER, FLORIDA If an item is listed in blue, clicking on it will bring up agenda materials in a new window. The documents are in PDF format and require the free program Adobe Acrobat Reader. For a printable version of the agenda sheet (without attachments), click here. I. MINUTES OF REGULAR PAC MEETING OF JANUARY 8, 2007 II. OLD BUSINESS III. REVIEW OF PPC AGENDA FOR FEBRUARY 15, 2007 MEETING - See Attached Copy of Preliminary Agenda A. Annexation Report -January B. Countywide Planning Authority Actions -January and February C. Minor Plan Change to Beach By Design Special Area Plan - MPC No. 07-01 D. Industrial Lands Study Status Report E. Land Use Plan Amendments roue 1: Subthreshold Amendments 1. Case CW 07-06: Pinellas County 2. Case CW 07-07: Oldsmar Group 2: Regular Amendments http://www.pinellasplanningcouncil.org/pacagendas/current/paccurrent.htm 2/8/2007 Pinellas Planning Council -PAC Agend~ ~ Page 2 of 2 3. Case CW 07-08: Clearwater 4. Case CW 07-09: Clearwater IV. OTHER PAC BUSINESS V. ADJOURNMENT "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Within two (2) working days of your receipt of this notice, please contact the Office of Human Rights, 400 S. Ft. Harrison Avenue, Suite 500, Clearwater, FL 33756. (727) 464-4062 r_ .1e,~,.-~ ~ ,, ~ - ~+~ ~~ c ;w~.. Back~o the • m e P~ ~ Pa ~ g . ~, t . '. , http://www.pinellasplanningcouncil.org/pacagendas/current/paccurrent.htm 2/8/2007 AGENDA ITEM.• 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 CASE #: CW 07-09 JURISDICTION.• Clearwater LOCATION.• On the west side of Kings Highway, 130 feet south of Woodlawn Terrace. RECOMMENDATION.• Council Recommend An Alternative Compromise Recommendation As Per Section 5.2.1 Of The Countywide Rules To Approve The Following~Refer To Attached Map 5): Residential Medium, Residential Medium With Transportation/Utility Overlay, And Residential Medium With Water/Draina~e Feature As Per The Submitted Survey. 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, it does not recognize the site's existing drainage area and Progress Energy utility lines. Therefore, Council staff has recommended an Alternative Compromise Recommendation that the request include the Transportation/Utility Overlay category for the Progress Energy easement and to adjust the Water/Drainage Feature category (currently depicted on the Countywide Plan Map) to reflect the actual drainage easement on the subject site. 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, (15 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 1.55 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 PINELLAS PLANNING COUNCIL ACTION: COUNTYWIDE PLANNING AUTHORITYACTION.• H:\USERS\WPDOCS\PPC Mtg ItemsUtEGITEMS\Feb07PPQFilesfot PAQFebruary ~ases\CW07-09Reg.CLW.doc SUBJECT.• Case CW 07-09 -Clearwater 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 (RII, 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 ICI 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 b 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 recommend an alternative compromise recommendation as per section 5.2.1 of the Countywide Rules to approve the following (refer to attached Map 5) Residential Medium, Residential Medium with Transportation/Utility Overlay, and Residential Medium. with Water/Drainage Feature as per the submitted survey. III. PLANNERSADVISORYCOMMITTEE (PAC) The PAC will meet on February 12, 2007, to discuss this item. IY. LIST OFMAPS & ATTACHMENTS Map 1 Location Map 2 Current Countywide Plan Map & Jurisdictional Map -Black & White 2 SUBJECT.• Case CW 07-09 -Clearwater Map 3 Aerial -Black & White Map 4 Current Countywide Plan Map -Color Map 5 Proposed Countywide Plan Map -Color Attachment 1 Draft PAC Minutes (to be provided after PAC) V. SUPPORT DOCUMENTS -available only at www pinellasplannin~councir* orb (see FebruaryPPCAgenda and then click on corresponding case number). Support 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 PASC6 COllIi'FY' ~1 ~ T.~ _. ~. ~;~~<~ .~_~ 2 Ir<mnu agf ~ . A~ ~ ~- 'S _ ~ ~ y~ #.' $ D >'3~3t~'' =~_" ~ V ky ~ v .. $' ( 09 . s ~~~ ~ .. ~_. -1 Q - '. i t .. - .. J~''. ~ ~.~ i. iii ~\. _ ~t ~ f ~Z ~ ~ - f ~~It /"_-~~ s _; ~SUHJECT AREA,.. ':- ~ .gym ' ~_ ~, ~- -, t ' ~, ~ ~'' I s J i ~, ~ ~ c..+~r „M... ~ r r __ ~ ~~ + ~ _. ~ .. f ~ `r .. f ~ ~ ~~ ~ ~~~ ~ i ~ ~~ ~ ;~ ~ ~ j < ^'., J ~ ~ ~ 7 ~~ ~ ~~ ~:~ . -`~~ Ci ~~~ .. '. ~.' ~ t ~ d "~ ~: .. UlF OF MEXICO ~.. - ~~ ~,,„ „~ ~, y ~~ ~--- -~--~- z ~'~a~ '~"`~ ~ ~ ~ ~ ~r , ~ ; ~° ~' ~` ~ s ~ ' ~ ~~ ~ r h ~ ~ ~ , x _ ~ „ s~ i~J' 4 ~~~~ ~~~ ~~ ~~~ TAMPA BAY r~ _ .: ~ _ - ~.1_ ~- ~~ ~y o .~ ,~~ ~~ ~:. ~~ ~~ ~ ~ ~~ ~~~~ 1 ' CASE No. CWU7-09 ~' ~PII~ELLAS PLANNING COUNCIL` ,GRAPHICS PREPARED HY THE OFFICE OF TH$ PICIEGIJt3. CBUNTY PROPERTY APPRAISER, JIl1 SMITH Produced by MEI}[T V2.1, Copyright 199!,1992 Pineliao County, FEorids Proptety Apprniee~. All Rights Reserved. ___ ~ ..W. i _ -, -- ~ -.~ S -~- ~ F~ ~~ ~. ~~ _ s ~~ ~~ .~i, R1SA~ ~~I T ~,! ~~ ~r ~~ ". I ~.~/. 4R~ ~ RY RR '~ !~H _. ~- _ _ .. ~ _ _ _ _____ ,~ ~7_< __~._.__ < +v ~ ~ f ~ '~ % ~_r : _.~. i grpE~T --`-~ -- = r _ w .~~ /~ w ~ ~ ~ __-* __. ~ _'iP c~ - z -- '^' - .i U ti - `~ ~ __ _ -~ ~ ~ 3 -:: _.. _....T _. z ~ y D I Vl ..._ _,., C- i O _. i.... t l~7 _-.. q 2 ~. ` RY ~ : ~ ~ ~ - a -. _ ~ '~ ~ ? ' RtD~',ELAtE; I~r_JYMp~ TERRACE ~ ~~ ~,~ PROPOSED AMENDMENT CASE. N0. C1iQ7-Q9 FRDM: Institutional (1NS) T0: Residential liedium (Rbt) ACREAGE: 2.2 .~~~ ` '; Ct`CY ~fF ~'A~ s:~- ~aa~' r_ PINELLAS FLANNING COUNCIL l ~ CRAP. ETIGS PREPAR$D BY THE OFFICE OF PINELLAS COUNTY PRGPN:RTY APPRAISER. 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INS ~ Rls -•--- PIN~LtAS PLANDiING CtItJNGIL INSCITU710NAL ~ RSSIOSNTIAL H®lUY :'. GVN3'6If S -2FTD.ID TlY T41G 4TTNII 6T TU$. ~thf.7aa ,_nfrwrY rxnrrsm arla~e,l~xsl, ~!u ti~ms ~~~~E~G~ ~. SCh7.} 1" _" ~i}(1' ~wnnKS rrixragw fm~na IIKPrr ~~t?a 2,f+ ,. :u-~ --- _~_ ___ 1 1~»=v +l{?BEL1A ~ __.__~._ S~REEt ~~._. _ ~ =k, _ ~. g ~ __. ~ 7 ~ f ._.___ .._.. Z _._a,.__._ iJ _ - s - J W ~ ~iOLEWILf?` ~URfVE ;.. »..: p _ .~ < _ - ¢ s ._. i •a l az ,t ~~ ~, !~ - - ~ ~ ~ ~ ': ,. » ., ~~Y +oc ~ ~I _. J ~, ~' -- r~oo~.xwr~ - r~cE ,. ..__._._ __ __ w ~~ o_ . .~ s r i i ~ -- ~ i ....rr.--_ ~ i e ~ 1 f • <, f -1 1 i tttiii~~~ e 1 .. ~` r ~. r.rl~ w~,Y •~, ~ ~- , ~_ , ~: ` _ _ ~ ao,w t. ~ # ~ ~ ~° t IS i ~ ~ ~ _. ~~ __ .~ ~___. ; __ _ j. ._.._.. r H17k IW) W ~, a ~ - - ~-~~ i r r ~ w l c~ ~ ~ ',/, .._ _._7 ~ l ~ / a ~ s _a_ '~,, _ WILSON RUAD a ,~ 1~ ~ ~ ~ ,~~ ~ ~ ~._ . ( jz ~~ r ;,~ ~ . ~~ I ~ __ L - __ -- P~~~ ~ ~„~ m..~_,__~___, -~ .~...,_ ~` T- _ _- ~ . - ~_. ~ ~ ~ ' f . LE~ENI3 RESIDEN~'!AL lIi7CED USE COYI[86CiAls PUBLiC/S~i[-PU9IZC SP'fiCi~I..~ffiIGNATY@N rr1~./ RU~BAIn~~ ~ ,~ ~ 1~ ID yr ~ Of~F(CR IJNRl~o ~ i~1Ho0D U rr.>'s~vereoK ~ DRAII+A~x EEESIDEIITWL ~~e~tur nl. ~ D/~MCE GBMCRAI ~LIAi~ ~ OPEN SPADC~ ~1O1L7lC7AL ,, TF~TlihHTTAL ~ILt~lIDi:7('fiAL~ WSOF2P ~4RYY1:N./:tA3. ~ TP.Atf3PORtA13A~j~ COWI17NT7] ~ i[~t( 'VERY 111tH ~ • RACIISftFS Gh'YERAL- bT1LiTT Rf.UE7EJAS'dlPatT~ P.t;SIb9;M2AL iil'~Y11Cf.. - - Lr11NI1ClL ytilttK PnC[W71~ ~ HURTNES~ ' ~. RF'SnR'f' ~~ E'[311f,°t71R7A4 ~... PACII,I7I£S lul 1.hfiTP11 i[l~,fl ' ~''' fh'flU.~F. ,... ®A2' ~' ..., .......... ~~a~-a~ I~I~IELLAS~ PLANNING C~}LINCIL GRAPHICS PREPARED HY THE OF€ICE Of TILE 1 ,l1~:'F~R~1A~I`IYE. ~(}~~~t PRJF.I.Ll9 COUNTY PROPERTY APPRALSER. JIY SHITN !# C~~e~KTI#}H' ~ GRAP`81CS PREPARED USING NSDT7 VERSION; 2:1 O SCeSLL 1 ^ ,:. 460:. Support Document 1 Council Staff Analysis Case CW 07-09: City of Clearwater February 21, 2007, PPC Meeting Relevant Countywide Considerations: I) Consistency with the Countywide Plan and Rules - The proposed Residential Medium (RM) category is generally consistent with the purpose statement and the locational characteristics enumerated by the Countywide Rules. However, the subject property contains a City drainage easement and Progress Energy utility lines (as noted in the agenda memorandum). It is for this reason that Council staff is recommending that in the alternative to approving the amendment of the entire 2.2 acre site to RM as requested, that the Countywide Plan Map be amended in conformance with the attached Map 5 Alternative Compromise Recommendation, to recognize both the drainage easement and utility lines. The Countywide Rules state that the RM designation should: "depict those areas of the County that are now developed, or appropriate to be developed, in a moderately intensive residential manner; and to recognize such areas as primarily well suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. The Countywide Rules also state that: `phis category is generally appropriate to locations within or in close proximity to urban activity centers; in areas where use and development characteristics are medium density residential in nature; and in areas serving as a transition between less urban and more urban residential and mixed use areas. These areas are typically in close proximity to and may have direct access from the arterial and thoroughfare highway network. " In summary, with the exception of the site not serving as a transition between less urban and more urban residential areas and not being located within close proximity to an activity center, the proposed RM category can be considered generally consistent with the Countywide Rules for the following reasons: 1) the site's close proximity to Sunset Point Road (a Minor Arterial Road); and 2) the site's adjacency to other rnedium/high density residential uses and RL1VI, RM, and RH Countywide Plan Map categories. . 1 Additionally, for these above reasons and due to the two easements on-site, Council staff is recommending approval of the Alternative Compromise Recommendation of Residential Medium, Residential Medium with Transportation/Utility Overlay, and Residential Medium with Water/Drainage Feature categories. Therefore, the Council staff's Alternative Compromise Recommendation can be considered consistent with this Relevant Countywide Consideration. 2) Adopted Roadway Level of Service (LOS) Standard -The amendment is not located on a roadway whose LOS is below "D", nor will the amendment if approved cause the LOS to fall below "D". 3) Location on a Scenic/Non-Commercial Corridor (SNCC) -The amendment area is not located on a SNCC, so these policies are not applicable. 4) Coastal High Hazard Areas (CHHA) -The amendment area is not located in a CHHA, so these policies are not applicable. 5) Designated Development/Redevelopment Areas -The amendment area is not located in, nor does it impact, a designated development or redevelopment area. 6) Adiacent To or Impacting An Adioinin~ Jurisdiction or Public Educational Facility -The amendment is not adjacent to, nor does it impact, another jurisdiction or a public educational facility. 2 • Suppdrt Documtent 3 , ..APPLICATION FOR COUNTYWIDE FUTURE LAND USE PLAN Al'VIENDIvSEI~1'I' Rlease complete all the information below as accurately as possible to ensure that the application for the land use plan amendment can be processed ef$ciently. Processing of the application will not be started until this form has been completed. If additional space is needed, please number and attach additional sheets. a -.I: Countt~wide FLUP Map Amendment Information nation si P D id L n C g e . ountyw e F U t 1. Cuae nation PLUP Desi id d C t 2 g yw e . oun . Propose IT: Local Plan Map Amendment Information 1. Local Plan Map Ainendment'CaseNomber LUZ2006-08004 ~. ' 2. Current Local Plan Designation(s) (/CITY ~ : 3. Current Local Zoning Designation(s) UCITY tions) l Plan D i c osed RMCITY gna a es Lo 4. Prop [ ` ;: <. n(s) ti ig al Z De i MDRICITY na o s on ng 5. Proposed Loc ID. Site Descriution . 1. Parcel number(s) of azea(s) proposed to be amended 03-29-25-55548-000-0091 (include SeCt1On/T~vvp/Itng/SUbB11dI.Ot) P., i; 2.21 2. Acreage 3: Location ~; 1930 ~i ~GS HT+IiH~VAY is } ~ °.. 4. Existuig use - Vr1,C~"TT ~ ~ ~ S i 12.5 DV~ELLL~~G Ui'~'TTSf4Cl~ ; ty 5. Existing dens able) if p li ec f 1'JA ` a p c t ( proj S: Name o 1 1V. Verification of Local Action ' 1. Verification. of-local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map; andlor copy of locat ordinance proposing/apprflvingplnn amendment authorizing request for amendmentof Countywide:Plan Map. ` V. Other Pertinent Inforniat€on 1. Submittal Ietter from the local jurisdiction to the Executive Director requesting X - '' amendment to the Caiintywide;FLLJP. ~ 2. Disclosure of Interest Statement with names and addresses of the application/ X representative and property owner. X ' ; : 3: Proposed local; ordinance number and status. 4. Staff report and-local action to date. ` - ~ X 5. Attach local plan and zoning maps.- ` ~ ,. ~ ~ X ~ " ~~ 6. Include proposed demarcation line for,environmentallysenstitive areas (if applicable). ~ X 7. Legal. description. _ X 8. Map cleazly indicating amendment location. X 9. Plan Amendment Application. X S: (Planning DeportmentlC D BfLand Use An.endmentshLuZ 2006~L ULZ006-08004, 1980 King's Xighway -New Zion Missionary Baptist Church Bd of TnuteestPPCIFLUP Application.doc , .: _...~ r Support Documen# 4 `a ORDINANCE NO. 7729.07 I i ~i. -.- _ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE i COMPREHENSIVE PLAN OF .THE CITY, TO CHANGE THE I LAND USE DESIGNATION FOR. CERTAIN REAL PROPERTY_ LOCATED APPROXIMATELY 110 FEET SOUTH FROM THE i INTERSECTION OF WOODLAWN TERRACE AND KINGS ~ HIGHWAY, ° CONSISTING OF ' A PORTION OF LOT. 9, E.A. ' f i MARSHALL SUBDIVISION, WHOSE: POST OFFIGE ADDRESS IS 1980 KINGS HIGHWAY, FROM INSTITUTIONAL TO RESIDENTIAL MEDLUM; PROVIDING AN EFFECTIVE DATE.- ' WHEREAS, the amendment to the future land use plan element of fhe comprehensive . plan of the City as set forth in this ordinance is fiound to be reasonable, proper'and appropriate, ~` -~ and is consistent with the,City's comprehensive:-plan; now, therefore,: 1 ~ ~ ~ - - - - BE- tT ORDAINED. BY:.THE CITY COUNCIL OF THE CITY OF - ~' CLEARWATER, FLORIDA: w;~.. . ' 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: E Pro a Land Use Category See attached legal description From institutional {LUZ2006-08004) To Residential Medium Section 2. The City Council does hereby certify that~this ordinance is consistent with the Citys comprehensive-plan: ~ Section 3, This ordinance shall take effect irrtmediately upon adoption, subject to the ~ approval of tFe land; use designation : by the Pirieilas 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 Loca! 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 o amend the Countywide Plan in order to achieve cohsistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. 1 PASSED ON FIRST READING i PASSED ON SECOND AND FINAL `' ' ~ READING AND ADOPTED u - Frank V. Hibbard ,. .: Mayor I ,; v. Approved as to form: ~ Attest: 4 Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk ' ,- Ordinance No. 7729-07 I a ~ _ ,. _ 4.5 COAS TAL MANAGEMENT .. :; ASSESSM-ENT OF IMPLEMEN TATION OF OBJECTIVES AND POLICIES ~ ~ ~ v 4 a oo x --- 22.3.6 The City in conjunction with the Florida Department of Transportation should replace the Memorial The City has completed the new Memorial Causeway Bridge which is open to traffic and contains bicycle lanes. Causeway Bridge and pursue the addition of dedicated bicycle lanes. X Delete policy. 23.4 ObjeCtiVe -Clearwater shall seek funding and approval to renourishment eroded beaches on Sand Key and Clearwater Beach when necessary. Restored beach areas shall be considered X The objective is implemented and should be revised to reflect distribution of funds for beach renourishment to public resources seaward of construction setback lines and shall not be counted as plan density or Pinellas County. buildable lot area. Funding is provided to Pinellas County who manages the beach renourishment projects. One project is currently 23.4.1 The City shall seek State funding and approval to enable beach renourishment when necessary. X underway on Sand Key. This policy should be revised to work with Pinellas County to identify opportunities to utilize - funding in beach renourishment projects in the City. 23.4.2 The City shall renourishment the beach with the appropriate quality of sand and obtain all X Funding is provided to Pinellas County who manages the beach renourishment projects. One project is currently underway on Sand Key. This policy should be revised to work with Pinellas County to identify opportunities for beach necessary review and permits. renourishment projects in the City. 24.4.4 Memorial Causeway Bridge should be replaced to increase hurricane evacuation capacity levels X The Cily just finished the new Memorial Causeway Bridge which is open to traffic. This policy should be deleted. from Clearwater Beach. 1 J 4.5-Policy_Assessment_Coastal Management EAR amendments WORK PLAN 59 a~ . 'Rat: ~,~°,,.~' ~'(I(fi4~'~~ ~~ ~ CK AA6TT ~~~~r~rt~~, ~"~. ~75~ ~s~ts FrEB -- MTF _,,,.______:._ prC - ~s~t. R~f ~~~ r~eturw-te: Pioneer Title Company 29296 U. S. Highway 19 North Palm Harbor, FI. 34684 File No. ~, ,, Parcel I. D. Numbers 03-29-15-55548-000-0090, 0190 & 0200 KARLEEM F. DE BEAKER, CLERK OF C01)RT F`IhELLAS COt~lTYa FLORIDR 04014138 03-13-043 09.51:10 EBZ- 51 EAS-S!lIIBET Pfi CffE~Cli CLW ~1i1~85 3010 - 04000i:~F,S I#:03100111 BK:1~5r#a 8~~:1358 EFG:1.~,1. RECORDIiIG 004 F'~iES 1 ;~ir~,~,t TOTS: X1';.50 CI~f~ ~iT.TEhlDERED: $15.00 CI~GE A~.F~T: X4.50 BY _ DEPilTY CLEF( 03- 100 1 16 MRR- 13-2003 9 :54Rrt PINELLRS CO BK 12596 PG 1358 ~ ~~~~~~ O~~f~ ~~~~~ ~~~~~ ~I~~~ 0~~~~ ~~~0~ ~~O~f ~~~~ ~5~~ .DRAINAGE & UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) 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., a Florida non-profit corporation 1390 Sunset Point Road, Clearwater, Florida 33755 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A DRAINAGE AND UTILITIES EASEMENT to encumber portions of the Lots 9 19 and 20 E A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3 Paae 44 Public Records of Pinellas County, Florida, said easement premises being depicted in EXHIBIT "A" appended hereto and made a part hereof. and being more specifically described as follows: From the northeast corner of Lot 9, E. A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44, public records of Pinellas County, Florida, thence N89°15'19"W along the northerly boundary thereof, a distance of 30.00 feet to the westerly right-of-way of Kings Highway; thence S00°17'27"E along said westerly right of way line a distance of 236.41 feet to a point of intersection with the southerly boundary of that certain 50 foot drainage easement as recorded in O. R. 2940, page 48, public records of Pinellas County, Florida, for a POINT OF BEGINNING; thence continue S00°17'27"E along the westerly right of way of Kings Highway a distance of 62.81 feet; thence by the following three (3) courses along a line 50 feet southerly and easterly from and parallel with the southerly and easterly boundary of the aforesaid 50 foot drainage easement; 1) S52°27'39"W, 200.93 feet; 2) S34°13'00"W, 68.88 feet; 3) S00°16'17"E, 198.38 feet; thence S53°16'39"W along a line 25 feet from and parallel with the said 50' drainage easement a distance of 195.19 feet; thence N00°16'17"W along a line 57.00 feet from and parallel with the east line of said Lot 19 a distance of 31.08 feet to the southerly boundary of the aforesaid 50' drainage easement; thence by the following four (4) courses along the southerly and easterly boundary thereof: 1) N53°16'39"E, 133.02 feet; 2) N00°16'17"W, 219.75 feet; 3) N34°13'00"E, 92.43 feet; 4) N52°27'39"E, 246.98 feet to the POINT OF BEGINNING. Containing 0.6838 acres (more or less), or 29,786 square feet, more or less; and being subject to those certain -easements as recorded in Deed Book 1614, page 87; O. R. Book 3146, page 298; O. R. Book 4871, page 1621; and O. R. Book 5713, page 866 of the public records of Pinellas County, Florida. • r SUNSET POINT BAPTIST CHURCH OF CLEARWATER, FLORIDA, INC. By: -- - PINELLRS COUNTY FLA. OFF . REC . BK 12596 PG 135 This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to excavate, grade, contour, stabilize, construct, install and maintain thereon stormwater lines and facilities, and to inspect and alter such stormwater lines and facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain reasonable access to Grantor's facilities at all times during the exercise of rights granted herein, and that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of these rights. It is expressly understood and agreed by and between the parties hereto that a portion of Grantor's existing frame maintenance building and an aluminum storage shed are constructed within a portion of the easement premises lying in the northwesterly corner of Lot 20, E. A. MARSHALL'S SUBDIVISION. The referenced improvements shall not be deemed an encroachment and may remain as constructed until such time as they are no longer functional. Grantee covenants with Grantor that it will either protect the foundations of the existing improvements against potential damage that may result from drainage improvements Grantee will make within the easement premises, or Grantee, at Grantee expense, will relocate the referenced improvements elsewhere upon Grantor's property. Both parties agree to cooperate in obtaining all necessary plans and governmental permits such relocation may require. Nothing contained herein provides that the existing improvements be reconstructed within any portion of the easement premises once demolished or removed, nor may any other improvements be constructed therein. It is further agreed that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. IN WITNESS WHEREOF, the yndersigned grantor has caused these presents to be duly executed in its name this 1~ day of ;~~Gzu~ , 2003. Signed, sealed and delivered in the presence of: ~ i WITNE~signatur J~ ~~ n% ~~..~C' ~- ~~'PC~i'7~ ~ ~ Print Witness Name r I SS si na re ~~ t~C.. Sc Print Witness Name Gordon R. Be~rdslee, President Board of Directors Attest: R itch, ecretary, Board of Directors _. • • tea. ~, PINELLRS COUNTY FLR OFF.REC.BK 12596 PG 1360 Acknowledgement Re: Drainage & Utility Easement Grantor: Sunset Point Baptist Church of Clearwater, FI., Inc. Grantee: City of Clearwater, FI. STATE OF FLORIDA COUNTY OF PINELLAS ss Before me, the undersigned authority, personally appeared Gordon R. Beardslee, as President of the Board of Directors of Sunset Point Baptist Church of Clearwater, Florida, Inc., whom, being duly authorized, executed the foregoing easement instrument on the day and date first above written on behalf of said corporation, and who acknowledged before me that he did execute same freely and voluntarily for the uses and purposes therein described. .~ '' y . .~ ~ y ,~ Notary Public - State(~of lorida ~ k' ~ nH C ~...~», ~ j ~' ~ ,~t'Y? (,~ ~ ~+ y;••. JENNIFER C. FRiEDMAN =~°S~ ~ MY COMMISSION # D0137729 Type/Print Name _*~ _ ~r ~ EXPIRES: November 3U. 2006 •,~ ~f ~,,.• Bonded Thru Notary Publ'~c Underwriters [ ]Personally Known [ J Produced Identification Type of Identification Produced • I~XHIBIT "A" THIS IS NOT A SURVEY! ! P INELLAS COUNTY FLA , R6Y1s•,911 OFF . REC , BK 12596 PG 136 1 ]o.oo' ~ 9 ~ ,~ O ~, "'O u~ ~ V r N V rl o160~~9 - ~ ht ~ NcY 1 r 9 of t coyaMent 111111u Z n ~0~ sfru of sCn 1111d~ f oa 1n1~~ ~69fi ~ v ~ ~ ~ sat -S s~ ~~9 ~ a° >~~ ~ > ~' v ~ SCh v b ~ti. . ~" •~ SCIR S 52'27'39' W 200.93' n ~ .ti ~ o p. ~ m ~ D ~ ~ ~ ~"` saa S 3a•13'o0' w 68.88' ~ ~ LINE TABLE r ~ UNE LENGTH BEARING L O T 9 ~ m z ' L1 62.81 S0o•17'27"E o w u i ~-2 31.08 N00' 16' 17"W f ~ -S 00'16'17 E ~ 198.38'c ~ u ~~ V.R ]iTb Vp. 319 ~"~ 30' UL1iM Eoa~rt~snt 1 O.R. 31{6 Pq. 296 ~,C SCI SCR .:1 S 53' 16'39' W 195.19' 53'16'39' E 133.02' 4'~' ® ERr ~~ :~,• saw C `; ~ ~ 0 r LET ...,. ,,,,~ ,~ A,~S~ P'~G~ CITY OF CLEARWATEft, FIARIDA r~'RI~ Q° PUBLIC WORKS ADMINISTRATION ~~~~ ~oe~ ENGINEERING °° Y ~..' ~_ ~' chsrz~ipO~i'~'~~ rF: tf11j4'G lead a~-`-_: ---- _ Carrst-er_13~ze_~~_~er 3i~se ~a . b~ ~ea_,^.t~t.t~~t;~,r -in aac~rd* ie~ vitb ~~_ ~ ~ _~~'_h~rteta azxi~r__ra~ ~s_P~k'.~_o_raett.------- -=------------------ ~ __ Cz~or _ r~reea ~~_ao near ar s~rua~xae ether tl~ ~ oocea ~ s~sa~.l b~ 3~tesi _, }, ---r-_ _~----------------- - ---- -- --------- tvitt~r ~tj^sfi~t ~~~ -fes~ ot;:pa~sr ..l~a~. - yen 4``= ___~~~--~~ ~''i s'° aka-;..~ _be_ li-~-~sd to ~eA~ oa a~ah~ ~€cbs of ~ ~ t 4Q 7{~ _-~1--~-~-- -- -- - --~ 4~~~--- --------------- --- ----- r-~Icr}n-t wt the .tghe ao p aatecz sli<r, rmpiot't. rrpiir. nbuthi- of mnove axb i%~ca, a.;nipcmi ied xmtot~ta, iad>rdnt ~~~r - the riFbt to~i¢crratt c-r drercax the atus'xz of wi:cs aa6-.;itayt, toQtzSr: s-irh a;l tsgkaia and p:i>rik~s rriapna'pIT aecciaar~ vrcgc~f- - ~.,~ irn; fnr the enjoyment or ax rlxrcof for the p0.-posn above +r ric:ibed:: ixladin;z the riyb• t4 trtm; tut and. lrep doi aac6 trr.; }imbt } - aid voder~roccth along staid ttnca. iad all ttenzdpcta; tlxrto th:t ma7 cndanxetthr proprr operat~a of the same,. and iidudtnQ~ :lac rusn:~atlr right to rntc: ^y0a adjoiaivy lands of tht yravton for Ihr parpotrof eztrcitivj ibe njlo:s hcrrin yrinted. s 7hc graarora coctrant that they !nave -the right to coavt~ tht acid rasrrn-nt asti ;hat the araatxr, i;s n;cesaon and sssiyltn aball ' ;have gext and pcacrihte posacstion. tsae avd copoymcat of acid easement. ~ ., IiV WITNESS WHcREC~F, th, quat~`rs ha r, lxrcnr,to •Efixcd thrir b,ndr and zals thin ___~,~~_ ~ ~~~_ -day 9f--= -- -. A ~ 1 ~' ~~ ~L~~~ - 5igncd, seaJad .and 3cit• in pteYeace of-. i / ;3 e --'~__ ,~ ~-. ~- •. G - w y '.. r -, - V .. --_- -.---- -------- -- --- ~ J ~a ST~LTE :OF FLC}RIDA ((j ,a„~,:;. COL;NTY t3F Qs~u.Q~~-- I a _ y i HEIt~$Y C£Rl"2r`3' that oa this ~-v -~dar °f---- ---- ----. A. D. }g_~ V_, bcf me the nader~~ntd ., authority. petsonall~ aFpeared _~'w~ ~Q3~k--~ --~1~_~ f_~,_w Y!e-~ i ' "? to mt ltnowa 1o 'be the persona d~scribed`,en sad whoezeceued tlx foregoi~y iassrameat u;d___----xlteoteledYed before me thu' _ i ;'~hr _ezr<uteel, ;ht tame: R'!~;1.LS$-m~ si aaiiue and' offieil aul is ssid Comas :ad Sate., tht da and ~,_ • ,j $ 7 r T r Lit aforesaid ~ u _ J -., _ '~ "' IVotars Pirblrc . _._._-. "~'. ,''~"}Y Catttmricioa ezpires~-------------- w[etaty Pub't1C, '.4~!r of Fterlda a! ferga - h3y car,a~tisstOn ,e~tptrs gygt~st 1, 1959.. i -------=---- --------------Catmty. Ftetida Filed this ______-- day of ____________________. 19:-:--at ______-,. a'<loclt ____M and recorded is ----____--'Book:..;. ------- ... _ ., Pagc -- --------- and duly verified'Ibis------da'7 °f--------------------• hg------• 1 CLERK G}RCt3IT COVRI' ,~ _~ _~ . s -, r ~ ` ~_j •:: _ ,~ ., G8093~~6 ,o f, ~ ~~,~--'Q ~~, ~ ~ .. ~~ `~ :. i'~ O d' ~~ r~ ~, o ~ R. ~ a ~ i~+ ~ O cd .a ~d ~' Z a+ o ~? '"~ s" ~+ p.a~ -N :=, a~i~ :%~; ~~ ~ j ~(-iU ~ W w .~ m ~ ~ U. H ~ v A E A S E M E N T FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) 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, FLORIDA, an easement-over, under and across the following described land, 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's Sub. in NE- 1/4 of Section 3, Township 29 South, Range 15 East as recorded in Plat Book 3; page 44 of Public Records of Pinellas County; Florida 25 feet each side of following described line: Start .at a point 30. 00 feet West .of NE • corner of said Lot 9 and run S 00°16'06" E, 205 feet to a point 'in ditch for a point of beginning; thence S 52°29' W, • 270 feet; thence S 34° 14'21" W, a distance of 104.2.1 feet, to a point 25 feet East of West line of said Lot 9; thence ,, S 0° 14'58" E parallel to and 25 feet East of said .West line of~Lot 9, a distance of 215 feet to a point 25 feet East of NW corner of Lot 20 of said E. A. Marshall's Sub. ;thence 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 ~f Lot 19 that is S 0° 13'49" E, 170 feet from © ~ N.W corner of Lot 19 in said E. A. Marshall's Sub. ~, -•+ o w o~ ~ ~r tD DOCf1hiENTAnY .-.;,tom. STAMP TAK_ ~ --- - ~n I _ CO1hPT~OIIER ~ ~1}J1 %~ ' ~ W ,-'. -~~1. nn hh aU o - P ' ~ 0 U. ~ L/ .f 8 - OCT30'68 ~ ~ ~-v 1 ~ x 4 ~ ~ . • o ~;OE21 c aL.• `1 1 , . cp .~ F . Cl7 "'-~i ©d ~ dra race installation and maintenance. This easement being ford The CITY OF CLEARWATER, FLORIDA,, shall have the right to 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 WHEREOF, 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: `~! ^ ~ '- ~ (C o, porate`5~~~) .4 _ _ f.. . ~_ " ~ f" Y' , ., w __ ..`! -' •~ r, r i ~ - ` SUNSET POINT BAPTIST CHURCH OF C EAR ATER, L RIDA, INC; By Its President ~~~~ .Attest: ~ %~ ~~ ;v~ ~~ ~ Its 'retary . `~C • \ b i' ~~~~ ~~~ 7J • y °° J,.•°T~.,,, DOCUMENTAR,Y QY ~u~ Tax - ~= M `,'.. l:~ Fl0 R I A _ ~p M :~o o, -U n n a ~' P.B. OCT30'68 U U. 0 10825 ~..._._ w ~ ~ ~ Q H . ~ O ~•m~~ t' .w-w.~....w-.rayg•+.n,rn~. sr~rs++•++...c. ~Y+Mr._+~a'.vr....JnA av<..ALFawc°;t~Y+~ '*'x?^were uN"4"TAM-;s,vrw~~E'~'ra,R.Np'.+.v, +f+~r, e ,.._-.N,,,yj nr e1`"`+ ,f +,, .. 5 i ~I ,. } ,, - ''~ ,r..l f1 t4 / ~ i L~?. t [~! ~ .v ~patir t i r"! i,C [ ,~:~ r k I tvcstte t ~` >!~, t } n °5:. z. ti t 7 , r t ,~q. x u rN 7a e s Z eai -!:,{g-. t i a 1, -,it u [ T7; f r€YI ty f St! ~~ s C32+ t s n•, xt4ta a r, ;~ t 5x thr n 'tr r r .~ 8. f C'P t 'iu POi'6tr ~-'.t l x knF "i ttCC}q (n n €;t (1 i J 4t xt ii Fl til ~ N r aY ,1 ti E! C.e e€nc r zs^' is c tc..2 ;1? :; ,.a, yi h? 11 4 , +:~ .3i z! tt f ct to(;7 ,cir t6ra~ ~ ~' ~ ` nzeRas Py rt,rpYebGf ~fl 7rl ri ~vf v: r. z, u,c-, dC~LirryPifY ltk <(%'isY t'YIQ6 ['h£t „,rrt ik3%R}". -it}f, C F StE tF 0 W'. r : / 3 i 7t M ~S. t t ln: n.r., ,rr nd _~+t+_r•ic 9 ~s~3ti[~ ?. •~Y, rte. t•)„ ,t tiA~ a--ir~oti;^F y ~.. i .. '; G" 11~i r .,a~: ;r~ 1 ,,t "c' {Arta iti.-.<, „. ~,~~`7 ~ ~a'r <. ~[~ ~ .. -, .. -„~,.... . . ....ye"~iCX~i . o- :l ~X. yy`• ,•~ ,' .. 7 s: ~~b " ~ ~!.i _ ~~ {[ ~j 44 pp ~~~rr~~ y ~ >[ ~`Y j °~ ~ ~ ~_..+w.'~FM.. .a~.Q,... s°r.~.. ~.W~1'd bt~~... ~I~~R,R R ~. 4.-f •},, ) 1 (.. ~ ~i .{~ bk ~.tp ~ . ~c.s b ,. iiK.{ '~C 2!,!'~ ~X) ._ i'~ _e~. 2- ...y~i'L9~v k!~~F.ai nick/ _ .:: _° ` y ,_~-_. _~___w_ . ,. . .. _____... _..... _.._. __.. ._._._.,,. ,.... ....._. _. .,. .,.. ... ,_~. ~,....._ .r.. ,_,r ~ .. ~ ... -- - ._ __~._t~t~*,bfe;s~;~~,x~a'~,~~ ~.~xn~'~ ~o ~'~~.,~~_~°~ €irs ~~sk~ ~~. e~ ~.; rc+gec srr scar rnr, c+,,,nt ux ~~ r,ea , tnspert, a tPr. xn ptrvc. rcpda r, rehusirt or mrrc.avc aach €inas. rrgugmrnt ant! acetesotixs inciuzSirg nc~ right to increase os de.-carz ttee nur7 her of yr trey anc9 voltsge, togta lseF v,-iti7 ail rights and prsaxfeges teatonahiy ntcetsary oe ens Vept. i;.nt. [ar th._ en}oy Fnunx 4r use therto9' fo* tha p:sr[aoscs above desTribc<4. inciueiinT, tiaa riq{}ar to ¢im, cet »rd htcp. c4eax atrch teWZn. (;ttFf+i znd u cr[,raw;h along card linc6, .and a[1 tne& ac1,i?cepa theresn ebac may encta:rtgce thr pra}u'r aperxrfott c>f r}sa some. trrd inelutlSng the re: sonz.•ie r,Ktac +n rnrar upon adjoining lands of the xrantnrc for the ptxr[sase of exascisrng rho rights lFerrir, prrntad. "t Ix grantors ~r'enant that toe; have the ri4thr to ran ey the acid easrment znd rhar the grsnttr, x's su<cessors and aa2tg~ets chili f:avc c v. t and ptac•atrSr par-zessicsn, trrec and cn joytr,ent of aatd asa rtn:'. [ U`(~r3i[.SC ~~i"{r•~~(j[', Iht K[an tOrF hair i}E rt nliCO Qi[tlyd t[1+.'.lr i1J',r+dd $[id ted.IF [IYtd ~ __...~ .....,___. __~.,.,.._ Stan>•d .rz[cd at~t cfa^lis'ar. .. rr prfGCn[r at: .' ~ ey~w !~ ~i ;ss: ~/" ,. '< # r } ~" a r ~ ~ 4l.. ~. ~ ° ~ ~~ p'= t ~~~~ ` {i1 r' ,. i~ t G D Nb.Etl• ,~ ^ . ~~1 .'fit. v ,: , ,,. , R t 5 '~ -~~ ? ' a, ~ H ~. e } " ~~~ ~ ,k ,; ~; !` 4 r 4 r ~ ~ c ~ i , +, ~.~./y(yg ' c~1" wi~ , 1 lr ' ` ' ~j ~, i ~ x a ~~ -3" . &x ~' ">+ Y r`y ~ @ ~"' + [!P 4: [~. ktY C t it i iE-":' rflxx can h n .ti~.~ day e; .. _?~"`.,... _. _. _.. ab.. C: 9 ^..'.... 9s(a a me the undnrsi~g&s~~t$ ,,,<<+„ tts. 1'r€soratty ap n~areG ~.,.~ ~~a~ ~~~,.. ~X°a'.. ___~._--`---_~j_~-~:..7_~ y+ ,,} :51< 4R7ts'1: t. tY ,lee pcS'.n, i}[3(rthed IR snd R•;;G 'Y,4YOt<d r[?! fI>rr~~'Cfis„ rnrtenrt:.enr and ,aek»ect-Ic:9gr~ 'atsore mH tlsmt `~ he j :~cc ed hi ,.. n;r. V;.t ra}-55 my :. y, n-et.. r: p;x<! otiir,.rt aa.xf :r. ,a,d l~~,u¢ir s,sd .`~7atc, the tay a'epk ref yr~a rri~, qx€~ a{nre9 •.id. {~ ~ , (.P;~tastaf ~' :1 ~G:, i33Ydld .~ C./~d~.~_.. ieC1Ca C'y' ~n}1(iC h4, Con+rni sxr,.n cx} ~t to ~ Grsb :^:::.CS• rf r uNd+ v d~.'. .............r.-.2~ ...:.~a.,~.LU,:~sr~sz~.~,~-®.m,.,~..or,..m„ .:------' ,.~....,.,H,.o..m,...,,,~,.e,,.........~.K_:_~_.~,..n,--..v'...'==`-.~»~.,.~.='..'~,` i<.',. :iu: ..... ,~,! , at .inc;; A-' and te;:calcu` in .. .... Knot !'se as. G~tp ~~r r,i:ri th:r -...d<v al_ _. € i y °v` C. `; t ,~ ,~. t ~ ~ . .. `.~ f f f~ k'~. _ ' .. Y . t rt~ 4 r• ¢ t t~y~ i; '~. ' ~ ~ r ,`. ri" f, k~ . ~ ~ ~~ t fir 'f~ } 1.: - ' ~ y -> r,.` _ -:i F r_._ --_- . ,i ~ _ . ~ ~ , s ~ ~' .~ '_ ~' • i d' L ~;'' ^, , t it >ik ,BOARD OF COUNTY COMMISSIONERS Ronnie E. Duncan -Chairman Robert B. Stewart -Vice Chairman Calvin D. Harris Susan Lariala john Morroni Karen Williams Seel Kenneth T. Welch March 16, 2007 ~ • ~j ~nellas ( F County lc 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 RECEIVED MAR 2 0 2007 PLANNING DEPARTMENT 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 ~. w F i•~J r t • + ~} ORDINANCE N0.07- 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 OTHER MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT THE PUBLIC HEARINGS AND WITH RESPONSIBLE AUTHORITIES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, proposed amendments to the Countywide Future Land Use Plan, which is an element of the Countywide Comprehensive Plan of Pinellas County, Florida, have been presented at a public hearing to the Board of County Commissioners in their capacity as the Countywide Planning Authority; and WHEREAS, notices of public hearings have been accomplished as required by Chapter 73-594, Laws of Florida, as amended; and WHEREAS, procedures of the Special Act and County Charter have been followed concerning the Pinellas Planning Council and the Countywide Planning Authority for proposed amendment to the Countywide Future Land Use Plan; and WHEREAS, the City of Clearwater initiated proposed amendments which were considered at a public hearing by the Pinellas Planning Council on 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. 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. ARQR~VE~ AS TJ ~~R~ ~~F~GE C~ G~~JNTY ATTE~RNEY Attorne . _ ~ .. +~ PINE~AS PLANNING COUNCI~ 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/Utility And The Water/Drainage Feature As Overlays To Recognize The Respective Easements On Site As Per The Submitted Survey- Su~ect To The City Amending Its Comprehensive Plan And Land Development Regulations Through The Evaluation Appraisal Report Amendment Process To Establish The Tran_portation/Utility And Water/Drainage Feature Overlays As Necessary And Subsequently A~plying These Categories Consistent With This Countywide Plan Map Amendment. I. BACIfGROUND 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 PLANNING AUTSORITYACTION: 1 H:IUSERS\WPDOCSVCYZ In Service Soup\Coimrywide Plan Map~Ammdmeats\200T02Feb`varyUteports\CW07-09Reg.CLW.d« SUBJECT: Case CW 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, (15 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 1.55 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: e 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, asthey 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 TransportatiorrlUtility and the Water/Drainage Feature as 2 SUBJECT: Case CW 07-09 -Clearwater overlays to recognize the respective easements on site, as per the submitted survey; subiect to the City amending its comprehensive~lan and land development regulations through the evaluation appraisal report amendment process to establish the TransportationlUtility and Water/Drainage Feature overlays as necessary, and subsequently applyin~ these categories consistent with ~t~hi~s Countywide Plan Map amendment III. PLANNE S~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. LIST 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 Y. SUPPORT DOCUMENTS - available only at www.piizeltasptanningcounci~or,~ (see February PPCAgenda and then click on corresponding case number). Support 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 CASE N0. Cw07-09 i~ PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF THE PINELLAS COUNTY PROPERTY APPRAISER, 11M SMITH Produced by MERIT V2.1, Copyright 1991,1992 Pinellas County, Florida Property Appraiser. All Rights Reserved. W W - ~ ~ ~ fns' ~ L'K ~ ` ~. 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J ~~_ .~ 4 Si7tSE~'~~ - PWH7 ~ ROAD °ri~~~'~~~ - -- - •. h Si ~ Y _ R/ •; `: ~-; -- - $~ ~•~ - -- RU IN5 - ~ R / ~~ ~~ LAtdE -,~,~' t ~,"' ~hux" ~~ L - ~ _ - ~-~ ~„ PL MAP 2 Y _ - PROPOSED AMENDMENT CASE N0. CF107-09 FROM: Institutional (INS} T0: Residential Medium (R,M} ACREAGE:- 2.2 ~f Cl7•Y OF CLEARaATER scAl.>;: r• = 400• PINELI.AS PLAI~T1VI11TG CUUIVCIL C GRAPHICS PREPARED BY THE OFFICE OF PHQELIAS COUNTY PROPERTY APPRAISER,7IM SMTfH ~ GRAPHICS CREATED USING DIEDIT VERSION 2.1 a N CASE NO. CW07-09 NOT TO SCALE MAP 3 ~ , W __- Z --`- --`- Z W Q ~!t 2 ~ W Z 7 W Z? O Q > > W O a ____ ~ > ¢ STREET 0 a 0 W Z a J Q ROAD N INAY STATE W 7 2 W > ~ Q f h L 0 K W i` RDAD DRIVE ~1 ,, LEGEND RESIQENT IAL l71RBD USE COIlII, PUBLC/S@SI-PUBIiC SPHCIAL DSSIGNA?I9N vvcmvw~nei RURAL °"< 17AL/ '~ ~E~DIl1N ~~'. - ~_ ~~IlH'IED CO1H(EItC1AL ~ TiE1CHBORROOD a ~ .~.` PRHSEILVATION ® DRAINAGE ~ - J w ~~~ - MEDIUM~L ~" O~FPI~CE~CE'NERAL -.. llIRtSD)OIERCIAL F~ . ~ .~. t~ ~ PEN SPAC~ ® 0 ~~Q61. B65mEN77AL SUHURHAN RESIDENTIAL $ RFSm HIGH ..,;::;€. OFFICE/RET4LL COlO®tCW. _ ~ ~,. RECRFA710N C ~ DiS7TfUTlONA1 ® 1CIIYITY CENTER '~ ~_ ~ ~} WAIDENTIAL Rf_SIDHNTLLL ~ RESORT VEHY HICH ~ : O~AHIT~S , ~ ".. ~.,... COIO~RClA1 ~ dr GENERAL TRANSPORTATION/ r ~' COl[NUNTPT UTHITY g° BEDEVHIAPI~NI' • • s r .: n..' q ~,: DLti9RiCT ursHeN y~~~~ MBDH~IM~ INDUSTRIAL CffiPI'RAL RvsDVESs .. DISTRICT G ~' - ' RESORT ' D~IDltcrv~.i ~. ~__+y,. ~ , " * Y~ lil AES ~ LOH'I'ED ~ R 11~ AP 4 ~ FROM: TO: CASE No. CCJ07-09 INS Rid DVSnTUTN1NAL RESIDHNr1A1. I/EDluav PINELLA,S PIANNING COUNCIL ACRE AGE: 2.2 scA~ i° = 400 cQAPmcs PRHPIR® Hr T®! OTPICE OP THE PP7~IAS coolrtT PR°pHR"` APPHAL~R, nr slHre GHAPHRS PR HPAR® UsH+c ll®fI vESSOn 2.l . \ RIDGfLME SUNSET pD~ 1 ~ 1 ~ 1 W 1 1 1 ~ ~ _ , __L_ __L_ __ Z J ____ ____ j > > Q Q ____ Q .~ +E' ," N WAY IOLEWILD STATE ` W J Z W a ~ m W U ARBELIA i 1 ____ ` ~ W ` ____ ____ yI ---- a ¢ z ---- ~ F ~ ¢ Z ____r____ W __ J W s~ DRIVE ,~ STREET a 0 Q Z W a a a a !n tM Z iC _, ;`_= i~~'(R~ W ;~> a Q f!f a o m ¢ ¢ a a v !fl I ROAD 0 0 W Z --- a J W tl c at a W F Q J a ROAD ~' i DRIVE K 0 J LEG~TD~ Itn{BD USB CON1~ReIAL PUBLIC/SBI[I-PUBLIC SPBCW.~B3IGNA'riON Rl ~ yo- ~ RAE*m~ ~ ~.`i+ ORES[DE / ~ NEIGHB~ OR900D PRES©tVAT10N ® FEATURE ~ID~ W. ~~HN11A1 ~~~~ ~ RES ~ETC7A1_ 1 _ ~ CO~~tC1AL ~ O ECN~SPAOC~ ® N ~ ~iJRBAN RESIDBNTIAL ® RESD)B~A/H. RECR~ N ~ INSPII'U710NAL ® ACIIVI7Y CEI7TEIt ~„~ 3 ui < ~, a Y ~a HESIDEN77AL RESIDENTW. RESORT coMIQOtCIAL TRANSPORI's77orc/ ~ COMMUNITY Y-ccp+4}y ~r~ IAIf VERY HIGH • • • • PACD]TIES GIIiFRAL UTII.17'Y ! REDEVE[API~Ni ;,_s ~-..,. ~<-,. • • • OVERLAY -- 7 DLSTRICT URDAN ~ Fe~nn° m INDUS[RW. ~ HuDC RESORT 1WDUSI'RLAt FACHITIES ~ 1]!BI'® HIGH --': ENERAL ~~ 5 PINELLAS PLANNING COUNCIL C1~07-09 GRAPHICS PREPARID BY THE OFFICE OF THE ~ ALTERNATIVE COIIPROIIISS PRIBI]AS COUNTY PROPERTY APPRAISER. 7M[ SMITH RECONIIENDATION GRAPHICS PREPARED USING MID1T VERSION 2.1 ® SCALE 1" = 400' SUNSET POINT Attachment 1 ~P~~4 ~I1C ~Ainutos R~b~aaary 1~, 4007 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/LJ) and Water/Drainage Feature (W/DF) categories used as overlays to recognize the respective easements on site, subject to the City of Clearwater adopting a Comprehensive Plan amendment as part of its EAR 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 carried (Vote 12-0). r' ORDINANCE N0.07- 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 OTHER MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT THE PUBLIC HEARINGS AND WITH RESPONSIBLE AUTHORITIES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, proposed amendments to the Countywide Future Land Use Plan, which is an element of the Countywide Comprehensive Plan of Pinellas County, Florida, have been presented at a public hearing to the Board- of County Commissioners in their capacity as the Countywide Planning Authority; and WHEREAS, notices of public hearings have been accomplished as required by Chapter 73-594, Laws of Florida, as amended; and WHEREAS, procedures of the Special Act and County Charter have been followed concenung 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. MIS" 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 1 • • M 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. APPR~VEC? AS T~ ~~R~~ ~~~' ' ~ ~t~;JNTY ~.TTE~RNEY Attorney ,~ ~ w~c>s i PIONEER TITLE, INC. AccT _ CHG ~ ~ 29296 US Highway 19 N ~,,, Su+te 104 - Cfearwatesr, FL 33761 REC Ds i~ctt,a (727)787-580 Fax 785-5528 ~T FEES ~____- ~ - l~r Tout i~ett3n,-te: Pioneer Title Company 29296 U. S. Highway 19 North Palm Harbor, FI.34684 File No. Parcel I. D. Numbers 03-29-15-55548-000-0090, 0190 & 0200 KARI.EEN F. DE ~ (1_ERf( OF (~ PIh~L1AS Cg1MITYa FLORIDA ____ C401413B 03-13-2003 09:56:10 EBZ 51 FAS~ISET PT CI~I Cl.ll 261285 3014 -00000665 IIf:43100116 BK:1259b SPG:1358 EPG:1361 R~tDING 004 PAGES 1 119.50 TOTAL: :19.50 Qfp( Aill'.TEf~ERED: 525.00 t~GE Afi0llNi: 64.50 BY DEPUTY CIERI( 03-100116 MRR-13-20D3 9:54Rn PINELLRS CO BK 12596 PG 1358 ._ 1111111 11111 11111 1111 1111 11111 nlll 11111 1111 1111 DRAINAGE ~ UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) 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., a Florida non-profit corporation 1390 Sunset Point Road, Clearwater, Florida 33755 ("Grantor*) does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A DRAINAGE AND UTILITIES EASEMENT to encumber portions of the Lots 9. 19 and 20. E. A._ MARSHALL'S SUBDIVISION, as recorded in Plat Book 3. Page 44. Public Records of Pinellas County. Florida. said easement premises being depicted in EXHIBIT "A" appended hereto and made a Dart hereof. and being more specifically described as follows: From the northeast corner of Lot 9, E. A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44, public records of Pinellas County, Florida, thence N89°15'19"W along the northerly boundary thereof, a distance of 30.00 feet to the westerly right-of-way of Kings Highway; thence S00°17'27"E along said westerly right of way line a distance of 236.41 feet to a point of intersection with the southerly boundary of that certain 50 foot drainage easement as recorded in O. R. 2940, page 48, public records of Pinellas County, Florida, for a POINT OF BEGINNING; thence continue S00°17'27"E along the westerly right of way of Kings Highway a distance of 62.81 feet; thence by the following three (3) courses along a line 50 feet southerly and easterly from and parallel with the southerly and easterly boundary of the aforesaid 50 foot drainage easement; 1) S52°27'39"W, 200.93 feet; 2) S34°13'00"W, 68.88 feet; 3) S00°16'17"E, 198.38 feet; thence S53°16'39"W along a line 25 feet from and parallel with the said 50' drainage easement a distance of 195.19 feet; thence N00°16'17"W along a line 57.00 feet from and parallel with the east line of said Lot 19 a distance of 31.08 feet to the southerly boundary of the aforesaid 50' drainage easement; thence by the following four (4) courses along the southerly and easterly boundary thereof: 1} N53°16'39"E, 133.02 feet; 2) N00°16'17"VV, 219.75 feet; 3) N34°13'00"E, 92.43 feet; 4} N52°27'39"E, 246.98 feet to the POINT OF BEGINNING. Containing 0.6838 acres (more or less), or 29,786 square feet, more or less; and being subject to those certain easements as recorded in Deed Book 1614, page 87; O. R. Book 3146, page 298; O. R. Book 4871, page 1621; and O. R. Book 5713, page 866 of the public records of Pinellas County, Florida. i PINELLRS COUNTY FLR. OFF.REC.BK 12596 PG 1359 This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to excavate, grade, contour, stabilize, construct, install and maintain thereon stormwater lines and facilities, and to inspect and alter such stormwater lines and facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain reasonable access.to Grantor's facilities at all times during the exercise of rights granted herein, and that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of these rights. It is,expressly understood and agreed by and between the parties hereto that a portion of Grantor's existing frame maintenance building and an aluminum storage shed are constructed within a portion of the easement premises lying in the northwesterly comer of Lot 20, E. A. MARSHALL'S SUBDIVISION. The referenced improvements shall not be deemed an encroachment and may remain as constructed until such time as they are no longer functional. Grantee covenants with Grantor that it will either protect the foundations of the existing improvements against potential damage that may result from drainage improvements Grantee will make within the easement premises, or Grantee, at Grantee expense, will relocate the referenced improvements elsewhere upon Grantor's property. Both parties agree to cooperate in obtaining all necessary plans and governmental permits such relocation may require. Nothing contained herein provides that the existing improvements be reconstructed within any portion of the easement premises once demolished or removed, nor may any other improvements be constructed therein. It is further agreed that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. IN WITNESS WHEREOF, the yndersigned grantor has caused these presents to be duly executed in its name this 1 ~ day of ~J,I~i~c~ , 2003. Signed, sealed and delivered SUNSET POINT BAPTIST CHURCH OF in the presence of: n-'n ~ f~~ ,, ~ CLEARWATER, FLORIDA, INC. WITNES~~signaturj~j7,~~; ",~ Qy; tlQ n ni +'u (~ _ t- ~1 pC'C m a ll Gordon R. B~ rdslee, President, Print Witness Name Board of Directors r- ~.~ Attest: I SS si na re i~i~ t~t.5c Print W fitness Name R atch, ecretary, Board of Directors PINELLRS COUNTY FLR. OFF,REC.BK 12596 PG 1360 Acknowledgement Re: Drainage & Utility Easement Grantor: Sunset Point Baptist Church of Clearwater, FI., lnc. Grantee: City of Clearwater, FI. STATE OF FLORIDA COUNTY OF PINELLAS ss Before me, the undersigned authority, personally appeared Gordon R. Beardslee, as President of the Board of Directors of Sunset Point Baptist Church of Clearwater, Florida, Inc., whom, being duly authorized, executed the foregoing easement instrument on the day and date first above written on behalf of said corporation, and who acknowledged before me that he did execute same freely and voluntarily for the uses and purposes therein described. /~ * a . Notary Public -State of lorid~a ; .~2f)ni~C ~t-~Q~~afl w,~y, ,>~rrNl~c.~almuuw Type/Print Name ~'r MY COIAA~IISSION # 011137129 EXPIRES: November 3u. 2006 [ ]Personally Known [ ]Produced Identification Type of Identification Produced CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA ("Contract") PARTIES: Sunset Point Baptist Church of Clearwater, Florida, Inc., a Florida non-profd corporation, (herein "Seller"), of 1390 Sunset Point Road, Clearwater, Florida 33755, Phone: (727) 446-2622, and the City of Clearwater, Florida, a Municipal Corporation of the State of Florida (herein "Buyer" or "City') of P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: City Manager, (collectively "Parties") hereby agree that the Seiler shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty') (colleilivety "Property') upon the following terms and conditions. THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS Time periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M..of the next business day. 1. 1 Fr:AI nFCCRIPTIAN; A portion of Lot 19, E. A MARSHALL'S SUBDMSION, as recorded in Plat Book 3, Page 44 of the Public Records of Pinellas County, Fbrida, containing 3.455 acres, more or less, and being more particularly described in EXHIBIT "A" attached hereto and made a part hereof; tegwrhwr with a Perpetual Drainage 8, Utllity Easement to encumber portions of Lots 9, 19 and 20, of said E. A MARSHALL'S SUBDIVISION, containing 29,809 square feet, more or less, and being more particularly described in EXHIBIT "B" attached hereto and made a part hereof. PERSONALTY: NONE BEING CONVEYED -VACANT PROPERTY 2. Flir 1 PIIRCHACE PRICE ..................................................... ..................................................$ ~.l~.l2Q $, MANNER OF PAYM NT; Cily of Cleawater check in U.S. funds at time of dosing .............................$ $Qp,QQQ,QQ q, DETERMINATION OF P IR .H C pR The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City staff. The Purchase Price is based on: An appraisal performed by C. Rid,ard Tobias, tv1Al, Valuation Services, Inc., valued the fee simple interest in the subject property, estimated to contain 3.72 acres, at $260,000.00 as of June 21, 2002. The appraisal contained an error in the total amount of land to be acquired. In an appraisal addendum dated September 5, 2002 the fee simple parcel was amended to 3.462 acres valued at $240,000 (subsequently celculated at 3.455 acres) and the Perpetual Drairage & Utility Easement encompassing 29,809 square feet, more or less, was valued at $53,700. 5, TIME FOR Ar`r`FpT N F• a PPROV 1 C Following execution of this contract by Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by adorn of the Clearwater City Commission (°Commission"). if this agreement is accepted and approved by the Commission, it will be executed by duly authorized City offidals and delivered to Buyer within 10 days thereafter. If this contrail is rejected by the Commission upon initial presentation to the Commission, this contract shall be null and void in all respells and Buyer shall be so informed in writing within 5. days of such action. 6. ILILE Seller warrants legal capadty to and shall convey marketable tide to the Properly by Statutory Warranty, Trustee's, Personal RepresentaWe's or Guardian's Deed, as appropriate to the status of Seller, subjeil only to matters conta~ed in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, but subject to covenants, restrictions and public utility easements of record. Property taxes for the year of dosing shag be collected from Seller and paid to date of dosing. Other matters which .tide will be subject: NONE, provided there exists a} dosing re ~dolation of the fore^,eing a.^d. none of Sheen ;,rerents-Suy~ s intended use of the Property for Instftutlonal purposes, specificaly: a stormwater detention pond. Seiler warrants and represents that there is ingress and egress to the Real Property suffident for the intended use as described herein. 7, TITLE EVID N . Seller shall, at Seller expense and within 10 days prior to dosing date deliver to Buyer a title insurance commitment issued by a Florida licensed tide insurer agreeing to liens, encumbrances, exceptions or quatifxxtions set forth in this Contract, and those which shall be discharged by Seller at or before dosing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable tide shall be determined according to applicable Tide Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of tide to examine ft. ff title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying 1 defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, 'rf tiUe is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. ~l~~~a Buyer, at Buyers expense, shall within Gme allowed to deliver evidence of title and to examine same, have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If survey confirms that actual square footage of either, or both, Fee Simple Parcel and/or Easement Parcel exceed projected calculations contained in EXHIBITS "A" and "B", the additional square footage shall be compensated at $1.80 per square foot. In no event shall purchase price as shown in Paragraph 1 hereof be reduced. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. EXCEPTION: Should the subject survey determine that Sellers existing outbuilding encroaches into the Properly, Buyer, at Buyer expense, shall relocate the structure or otherwise restore its functional use essentially as exists as of the Effective Date Hereof, The survey shall be performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes. J, Ct OSIN + PI OCF pND DO Seller shall designate dosing agent and this transaction shall be dosed in the offices of the designated closing agent in Pinellas County, Florida, on or before 60 davs fouowina ffertiv . Date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the Gme allowed, and be prepared to dose as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, Gme of dosing may be extended up to 45 days without effect upon any other term, covenant or condition contained in this contract. 10. Seller shall furnish deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. ri Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certifigtion by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. Buyer shall furnish dosing statement. 11. cl oSIN . EXP Nc s Documentary stamps on the deed, unless this transaction is exempt under Chapter 20124, Florida Statutes, shall be paid by the Sel!et. Sellw shall also pay.the costs of recoMing any eon-ecGve instruments. Buyer shall pay record2.ion of the deed. 12. PROReTIONS~ rRFDITS Taxes, assessments, rent (if any) and other revenue of the Property shall tie prorated through the day before dosing. Closing agent shall coiled: all ad valorem taxes uncollected but due through day prior to dosing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. ff the amount of taxes and assessments for the current year pnnot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in ocwpancy of the Property shall be credited to Buyer at Gme of Dosing. Seller shall pay assessments for any improvements that are substantially complete at Gme of dosing in full. 13.0 ..UPON .Y Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. Seller agrees to deliver occupancy of the Property at Gme of dosing unless otherwise stated herein. If occupancy is to be delivered before dosing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. PROPERTY f`ONDITION Seller shar!.dslivsv the Propert,/ to. Buyer at time of nosing iiiii8 present "as is' Condition, ordinary wear and-tear eiioepied, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no further warranties other than as disclosed herein in Paragraph 19 ("SELLER WARRANTIES") and marketability of title. Buyers covenant to purchase the Property is spedfically made subject to the following provisions: "As Is" With Right of Inspection: Buyer may, at Buyer expense and within 50 days from Effective Daie ("Inspection period"), Conduct inspections, tests, environmental and any other investigations of the Properly Buyer deems necessary to determine suitability for Buyers intended use. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Sellers prior written consent. Buyer may terminate this contract by wririen notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise remedy such conditions to Buyer satisfaction. If this transaction does not dose, Buyer agrees, at Buyer expense, to repau all damages to the Property resulting from the inspections and investigations and return the Property to its present condition 15. Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F. S. 75828, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and investigations described in Paragraph 14(bx'rf applicable), or in performing the survey described in Paragraph 8, resulting from Buyer's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. 16. The deed and grant of easement shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after dosing, during which time evidence of title shall be continued at Buyers expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the Iasi tide evidence. ff Sellers title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. tt Buyer fails to make timely demand for refund, Buyer shall take tide "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and dosing procedure required by this provision may be waived 'rf title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. q7, DEFAULT If this transaction is not dosed due to any default or failure on the part of the Seller, other than to make the tide marketable after diligent effort, Buyer may seek spedfic performance or unilaterally cancel this agreement upon giving written notice to Seller. tt this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. fig, S 1 1 ER WARRANTI S Seller warrants that there are no facts known to Seller that would materially effect the value of the Properly, or which would be detrimental to the Property, or which would effect Buyers desire to purchase the properly except as follows: (Spedty known defects. tf none are known, write "NONE") ~~~ Buyer shall have the number of days granted in Paragraph 14(b) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will dose on this contract notwithstanding said matters, or whether Buyer shall sled to cancel this contract, tf Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to dose on the contract. 19. CONTRACT NAT REGORDAR F- PERCONC R01INn Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest Whenever the context permits, singular shall include plural and one gender shall include all. 20. NOTI _ All notices provided for herein shall be deemed to have been duly given if and when deposfted in the United States Mail, properly stamped and addressed to the respective party to be notfied, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in anyway ad at the behest of the parties to satisfy all terms and conditions of this contract. 2~, A_~CIC.NARILRV• PERCONS RO IND The terms "Buyer", "Seller", and "Broker" ('rf any'1 may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives,. successors and assigns (if assignment is permitted). 22. ATTORNEY FEFS• [`OCTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorneys fees and costs. 23. TYPEWROTFN OR HANDWRfTTEN PROVLSIANC Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them 24. NO BROKER Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the Vansactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a result of any daim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.2$: 25. The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as ff they had been executed by both parties subsequent to the expungement of the invalid provision. 2$, r_AVERNiNr. ow It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in acxordance with the laws of the State of Florida. 27, COl1NTERPORT~ FOCCIMI E _OPY This contract may be exewted in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, inducting any addendum, attachments and any written mod'rf'ications hereof, and any initials or signature thereon shall be deemed an original. 2$, ENTIRE OC.REEMFNT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or atfadted hereto. THI$ IS INTENDED TO BE A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Signed, sealed and delivered In the presence of: Sunset Point Baptist Church of Clearwater, Florida, Inc., a Florida non-profit corporation W ITNESS~~ W~ er - ~<<e Step en M. Jefferies, ent, Boats of Directors Print W I NESS name Attest• N SS signature ~ ~ ~q y at ,Secretary rd of Directors ~.uC ~2 ~-~~~1.~_ Print WITNESS name APPROVED AND ACCEPTED this ~~ day of ~~~~~x yi/ 2002. Countersigned: C OF CLEARWATER, FLORIDA B ~ Brian J. ungst, Ma om issioner William B. Home, II, City Manager Approved as to form: ATTEST: _ 2' ~ _ G~ .vs, y i n .Ruff, ssistant Cit ttomey C i E. Goudeau Cfty.Clerk Ebarrett on r'WA1lCityauylSunset Pt Bapt Copt doc EXHIBIT "A" FEE SIMPLE PARCEL - Leaal Descriation A PORTION OF LOT 19, E. A. MARSHALL'S SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PiNELLAS COUNTY, FLORIDA LYING AND BEING SITUATE IN THE SOUTHEAST '/. OF THE NORTHEAST '/ OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 19 OF E. A. MARSHALL'S SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; LESS AND EXCEPT THE NORTH 10 FEET AND THE SOUTH 50 FEET THEREOF AS CONVEYED FOR RIGHT-OF-WAY PURPOSES IN THAT CERTAIN WARRANTY DEED RECORDED IN O. R. 2940, PAGE 51, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; RUN THENCE N00°23'37"W, 573.07 FEET; THENCE S88°44'23"E, 241.40 FEET; THENCE N00°23'37"W, 20.00 FEET; THENCE S88°44'33"E, 90.00 FEET; THENCE S00°46'43°E, 59.83 FEET; THENCE S53°16'S0"W, 61.99 FEET; THENCE S00°00'00"E, 117.54 FEET; THENCE S11 °38'21 "W, 381.9fi FEET; THENCE N89°12'39"W, 201.19 FEET TO THE POINT OF BEGINNING. CONTAINING 150, 490 SQUARE FEET, MORE OR LESS (3.455 ACRES±), AND BEING SUBJECT TO THOSE CERTAIN EASEMENTS DESCRIBED IN DEED BOOK 1614, PAGE 87-88, AND O. R. BOOK 2940, PAGE 48, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. EXHIBIT "B" ADDITIONAL PROPOSED DRAINAGE ~ UTILITY EASEMENT IN E. A. MARSHALL'S SUBDIVISION: Legal Description A Drainage & Utility Easement being a portion of Lots 9, 19 and 20, E. A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44 of the Public. Records of Pinellas County, Florida, more particularly described as follows: Commence at the easterly and southerly limits of that certain Drainage Easement recorded in O. R. Book 2940, Page 48 of the Public Records of Pinellas County, Florida, as said easement may encumber Lots 9, 19 and 20, E. A. MARSHALL'S SUBDIVISION, thence run easterly 50 feet of the current limits of said easement as it may now encumber Lot 9, of said E. A. MARSHALL'S SUBDIVISION, and run easterly and southerly 25 feet of the currents limits of said easement as it may now encumber Lots 19 and 20 of said E. A. MARSHALL'S SUBDIVISION, less and except any portion of said easement that may lie within the following described tracts: That portion of State Street right-ofanray vacated in Resolution 69-86 as recorded in O. R. Book 3146, Page 298, Public Records of Pinellas County, Florida, and that portion of Lot 19, E. A. MARSHALL'S SUBDIVISION more particularly described as follows: Begin at the Southwest corner of said Lot 19 of E. A. MARSHALL'S SUBDIVISION as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, less and except the south 50 feet thereof; run thence . N00°23'37"W, 573.09 feet; thence S88°44'23"E, 241.13 feet; thence N89°14'17"W, 25.0 feet; thence S88°44'23"E, 90.0 feet; thence S00°46'43"E, 39.86 feet; thence S53°16'50"W, 61.99 feet; thence S00°00'00"E, 117.54 feet; thence S11 °38'21 "W, 381.96 feet; thence N89°12" 39"VU, 201.19 feet to the POINT OF BEGINNING. Containing 29,809 square feet, more or less. . LOCATOR MAP: SUNSET PO/NT BAPTIST CHURCH SALE TO C/TY OF CLEARWATER FEE SIMPLE PARCEL - 3.455; AC. # DRAINAGE & UTiLfTY EASEMENT PARCEL - 29.809 S.F. ~ (0.68 AC.±I 0 ~ t~s J L I gp I L J 6 ~ sso 40 . o ~ 7 15 ; ~ $ ~~ ., ~~ by so ~ 9 9 = ~ 10 ~ 20 30 s 1 m ~ - 21 22 60 ~ 11 u st u us 1 fl -,szo 7333-616 EASEMENT ~ • PARCEL. .~K 29,809 S.F.t 2 11 E. A. MA R HALL tJ0 ~ ~~ 294o-s, ~, FEE SIMPL E EET PARCEL --Q----_ Voc. R.taln ~is• sctiec~rol +~~~ 3.455 AC.# E ' ~ 7333-6,6 ~ 0 s 5 a 4 i 18 I I •n, ! M ° -- ~- -- C.R. 576 ~I b I / Its '' , ~~ ~~ Eusg Imo. ~ ~ R~i Eosgi ~ ~~i /.~' ~~ RIB £~~ ~~/ ~~ ~, o, N Eosa 3128-319 Notated (/: L Z . Y 20 0 R P T~ ~ 6 ~~ ~. a. ROAD M AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS ss BEFORE ME, the undersigned authority, personally 'appeared Gordon R. Beardslee, as President of the Board of Directors of Sunset Point Baptist Church of Clearwater, Florida, Inc. whom, being first duly sworn, does depose and say: That said corporation is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: Portions of Lots 9 and 19, all of Lot 20, E. A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, together with those vacated portions of State Street lawfully attaching thereto as recorded in O. R. Book 3128, Page 319 and O. R. Book 12063, Page 2454, Public Records of Pinellas County, Florida 2. That said property is now in the possession of the record owner. 3. That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against said property, except: {if none, enter "NONE") /Vo~J,c 4. That there are no liens or encumbrances of any nature, other than easements and restrictions of record, affecting the title of the property hereinabove described, extent: (if none, enter "NONE") ~~~~ 5. That it is hereby warranted that no notice has been received for any public hearing regarding assessments for improvements by any government, and it is hereby warranted that there are no unpaid assessments against the above described property for improvements thereto by any govemment, whether or not said assessments appear of record. Page 2 -Affidavit of No Liens Sunset Point Baptist Church of Clearwater, FI., Inc. RE: Lots 9, 10 8~ 19, E. A. MARSHALL'S SUB. 6. That there are no outstanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein are for the purpose of inducing the CITY OF CLEARWATER, FLORIDA,- its agents, successors and assigns to rely thereon. ~ / ~. r~~L~ N SS Sig re Witness Printed Name o~ WITNESS Signatur ~~~ Witness Printed Name SUNSET POINT BAPTIST CHURCH OF CLEARWATER, FLORIDA, INC. J Gordon R. Be dslee, President, Board of Directors Sworn to and subscribed to before me this ~ / day of 1 ~ u ~C h ~3 2003. Notary Publics to offlprid~ Print/Type Name My Commission Expires y; ., MY COMMISSI~J M DD 131729 EXPIRES: November 30, 20th eadeA TMi Namy PuDYC tmerwaers .., l CITY OWNED PROPERTY COUNTY IDENTIFIER: PORTION OF 03-29-15-55548-000-0090 ATLAS PAGE: 251E LOCATION: 1390 SUNSET POINT ROAD SHORT LEGAL: A PORTION OF LOT 19, E. A. MARSHALL SUB. AS RECORDED IN PLAT BOOR 3, PAGE 44, PUBLIC RECORDS OF PINELLA3 COUNTY, TOGETHER WITH A DRAINAGE & UTILITY EASMENT CONTAINING 29,786 SQUARE FEET (t) ENCUMBERING PART OF LOT 9, 19 AND 20 IN SAID E. A. MARSHALL SUB. DIMENSIONS/ACREAGE: 3.455 ACRES (FEE PARCEL) 0.684 ACRES (EASEMENT PARCEL) SURVEY: YES BY: SUNCOAST LAND SURVEYING, INC. DATE: 02-17-03 APPRAISAL: C. RICHARD TOBIAS, MAI, VALUATION SERVICES, INC., FEE PARCEL: $240,000 EASEMENT PARCEL: $53,700 APPRAISAL DATE: JUNE 21, 2002 SPECIAL USE (IF ANY): ACQUIRED FOR UTILIZATION IN SPRING BRANCH CHANNEL IMPROVEMENT PROJECT OF THE STEVENSON CREEK MANAGEMENT PLAN. THE FEE PARCEL WILL B8 DEVELOPED INTO A DETENTION POND. THE EASEMENT PARCEL WILL ALLOW WIDENING AND STABILIZATION OF SRING BRANCH OF STEVENSON CREEK. ZONING: CITY OF CLEARWATER INSTITUTIONAL ("I") SELLER: SUNSET POINT BAPTIST CHURCH OF CLEARWATER, FLORIDA, INC. PURCHASE PRICE: $300,000 CLOSING COSTS: $86.00 APPROPRIATION CODE: 315-96149-560100-539-000 ACQUISITION DATE: MARCH 11, 2003 TITLE INSURANCE: YES - PIONEER TITLE, INC. TITLE UNDERWRITER: AMERICAN PIONEER TITLE INSURANCE COMPANY POLICY NO. OP-9-0449-6615 CLOSING AGENT/FILE NO.: PIONEER TITLE, INC., 29296 U. S. HWY 19 NORTH, CLEARWATER, FL. 33761 / FILE NO. 03-01023 O.R. BOOK/PAGE (DEBD): 12596 / 1349 (SPECIAL WARRANTY DEED) (EASE): 12596 / 1358 (DRAINAGE & UTILITY EASSI~NT) COMMENTS: SEE "SPECIAL USE" ABOVE ~ ~ `~i O i 9 ~ :.; F.i f~ !: r ~ - BYRAM DR Vacation Request By Applicant 30' Utility Easement 20 Q Q m Q m W/LSON RD 4170 o0 I'~~l ~ " `1 p ~i'~ p w ~ 'at ~ City of Clearwater Public Works Administration /Engineering W E 1L1 V1' ~ 4 . - ~,.,-~~° ., 0 $ Vacate the 30' utili easement retained over the vacated ty °~-- street r.o.w of State Street located between lots 9 and 20 E.A. Marshals Sub. ordinance 7651-06 Drawn By: $, K, Reviewed By: $, p, Scale: 1" = 200 ft DWG. NO VAC 2006-08 Grid # 25 ~ g s - T - R 03-29s-15e Date: 04/17/06 S~.b ~ CITY ~F CLE~--itW1~TER - PILANR116~C~ ~ ®EVELOPMEt~T SER TtPEE RE~A®V/~L P~it~MIT ~~E`~ D~ G ~ ~ ~~~ NAME OF OWNER ~f~..f~~=~`~'-cam ~`~ ~ :-i~~ ~~:-~~~r`~ .... ~-°Ct~e~ ~1',7~ REA~~`TI~ SITE ADDRESS ) -. •) r ~ ~~~.. PHONE -- _ ' Se A b low OWNER'S ADDRESS ~ - ~_ ~_- ~ D Hazardous LOCATION OF TREE(S) ON LOT ~ .A ~. `~_ `` ~ a ~ ~ ~ ~ D Declining SPECIES AND NUMBER OF TREE(S) - - ° - ~~~ d Dead Other (Specify) TO APPLICANT: Anon-refundable fee of S 15.00 for up to five trees to ~~-~°4'~ ~~ be removed, plus S3.00 for every tree above 5 to be removed is required. Fee Recd. S Date e~) COtdSTPiUCTION 1. For new construction, additions or other modifications of a property which involve the removal of a protected tree(s), a site plan is required. This site plan must have a minimum scale of 1 "=20' for single family lots, or 1 "=50' for all others. The site plan must include: a. Major Changes of Grade f. Proposed Number of Parking Spaces j. All Protected Trees Including: b. Structure Locations g. Proposed Underground Utilities (i.) Diameter of 4.5' above grade (DBH) c, Driveways and Walks h. Zoning Setbacks (ii.) Surveyed Location d. Parking Arrangement i. All easements and Rights-of-Way (iii.) Specids e. Required Number of Parking Spaces (iv.) Diseased or Insect Infested Trees k. Tree Barricade Detail & Locations 2. Protective barriers are required around all trees remaining on site during construction. These barricades must remain intact during construction. The barriers must meet City Specifications. B) REPlACEIUIEPITS 3 . Tree replacement minimum standards: 10' overall height, 2.5"caliper, Florida Grade #1. See inspectors note below to determine the number of replacement trees required. Replacements required within 30 days. I hereby certify that as property owner or as representative of the property owner, 1 have verified that the tree(s) sought to be removed is wholly on property owned by the above-identified property owner, and should It be determined that the tree(s) are located wholly or artially on prope o . ed by some other person, then, I agree to hold the City of Clearwater harmless in any de f ron re al of such tree(s). I hereby certify that this application together with an fans submitte a tr - pre nt t' of ail 'ts concerning the proposed removal of the tree(s). Any deviation rom e. render ull void e conside ed a vioiatio. of the Community Development Code. Signature of ow_ner_or applicant Rri.~ Name ~~~~~~~ OCL# Fax DO NOT WRITE BELOW THIS LINE -Not Valid Until Signed By City Manager or his Designated Agent Com Required Replacement Trees: Applicable Code Section: Based on the inspector's comments and information submitted, the above removal application is: '° O Approved as Submitted Approved-Modified as Noted Above ^ Denied Signed: ~ Date: -~-~~/~ ~~ .._ r D s ctor Valid for sib months from the dote of issuance. Community evelop ent Goord~nator a e igneellnspe ,,, ,,, ,,,,,,, ,, `. ~An,fl.... ~I„„ninn 9. i1.,. ,..fnr,mant Cnndrec vou„~.,. annilr_nnt Rev. 2.03 ~~ ~~~ z O ~. D D m r ') e` ` ~,~ vv.u. 3J31 BOUNDARY S ~,'Y SEC110N 3, TWf'. 29 S., RGE. 15 E. PINELLAS COUNTY, FLORIDA I FcA! Desc-elPnoti A PORTION OF LOT 9, LESS THE EAST 30 FEET n#xEDF, E.A. MARSHALL SUBDIVISION. AS RECORDED IN PLAT BOOK 3, PACE 14 PUBLIC RECORDS aF tm»rS t' t11R 511RVEr tW PO^1y^IED "TM°'IT TMt a~nr of A tnu: , PlIELLAS COUNTY, FLORIDA; BEND MORE PARTICULARLY DESCRIBED AS FOU.ON6: COWENgNO AT THE NORTHEAST CORNER OF SNO LOT 9; RUN C01^~11^Nr. NO ~ ~r tb EA4CIQI14 ~Ir-ai-MAY. Aw onne ^Anms a atoolm rHAr A not sFAaw ^IO»r olsnneE NORTH 89 OEG 1S'lY NEST ALONG THE NORTH UNE Oi SND LOT 9; 30.00 FEET TO THE FONT OF BEGINNING: THENCE SOUTH 00 DEC 18'06 EAST BEI 7, pIA~~,rj~r~ y~ ~~ t1FJ~ ~~ ~, ~~ . NG 30' NFST AND PARALLEL TO THE EAST WE OF LOT B, 203.00 FEET: THENCE mD !U^1EYM16 11E1110pS SOUTH S2 DEG 29'00' NEST 37473 FEET TO THE NEST UNE OF lOT 9; THENCE NORTH QO DEC. 16'36 NEST, ALONG SND NEST UNE OF U)T 9 X37.72 1 BASI$ K erAnlws n 71E EAST lNE aF SD:rgN 7, TONE6MP ]^ SOUM ^AIICt t^ tf~r, emlo s 0016'00' G , FEET TO THE NCRTHNEST CORNER OF LOT 9. THENCE 589 OE0. 13'17' E ALONO , 7TE NORTH UNE CF SAID L07 9, 299.09 FEET TD THE PdNT OF BEpNNING. CONTAINING 2.2 ACRES 4.O.L Lor 3 0 BROOKLAWN l~°rS ~~ .AR WATER VILLAC PHASE ONE ~~ ~~ TRACT i1' LOT 1J d~ ~ ~~tr~-~,,~( Uy' Pi 6 z z t ~ - ~QI~ ~ t - cn V: LOT 14 r.f W LOT 9 VACANT Lor 15 raacr 'c' LOT 17 LUT 1B "rnAc.- .~.. a LOT ,9 LOT 20 _r a ~~ cor z, . ; c>£ eep ca ;v ,~ I m ~ I ~I RI I sl b ~ ~ ~~ ~ I ~v ~ :o ~ ~;~ 11 N N _- _- _ ~ ~ / i~ -- ,~.~~ - ,~*~ ~ ::~ 1. ~~~''' //' / R'~r G EASEM~N~ ~; d ~ / / 1 FP ~ I / `G, / 6TFaU R/d i ' f / 1~ / .-~' ~~~ p.B. 161 // PGA QG /~.- / / Q~P~~ ~9p0 , - i / - p~' / / / ~ / / / ~ ~ ~ / / L'o r 22 , ~ %/' / ~~'~ / / i ~ TRAC! 'E"' ~',~ '~ ~ 1 r w yr~ ' ~ ~ ~' -'~ I ~I I I' I I ~>~ I I . - i. / G~ QG / I Lor 2J ~ ~:: ~l / / ~C1P' ~p~0 / / `t iL ~I~ ~ ~ 5y / / ~ Z ~ / / ~ `~I~ / / S TRACT F" ~ ~~ / / '~j s ~ I ~!.' ,~ // LOT 9 Nys ~ I a ~ ~ ~ f ~ Lor 24 ~s ~ ~ / SUaVEY0133 CERTIRCATiOI~k I I I, DENNIS d EYRE, THE SURVEYOR IN RESPONSIBLE CHARGE. H EBY CERTIFFY~ THAT GRAPHIC SCALE THE SURVEY REPRESENTED HEREON AND THAT SAID ABOVE ND SURVEYIAND SKETCH m o n 9D IW ARE ACCURATE TO THE BEST DF MY KNOWLEDGE ANO BE'i.1EF. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDATiDS 6~ SECTION 472027. = LEGEND FLORIDA STATUTES (OR RULE CHAPTER 61617--6.... F.A.C.) SURVEY NOT VALID UNLESS SEALED WITH AN EMBOSSED SEAL ICI •CMCMNeODY [bf •DIallNpeMNMe OR. •pMbplrvefBmt (~~~,~ SYMBOL LEGEND lxl. •p.aruN ev .eeeaav..ePN1 oxw •aememvre ml •Dappromapm eL .elePf9m v9 .PlrBml 1 inch SO tt ^ =werMrsa (Ml •MemlNmDb EqV .Exeea Wrd PFA •PepnanlCwpalPat =1 .Fire M/QVl p~p ~. IPl •DYa pn Pl! il'JR •Fane YV,pmltm PC(f) •Paan1 =i. zIDMIN PW MMIB,eIIiC:Maw mtv, pem >ve •l~ •PfpvMMN FC4 •ivM tan[N.le MVafIM PLS •P,aefflmtl LNp SUwrv T~Lm,_JLW'E III am M: urtufwps fxl •FaFtl lrv,pm PW •PNNtiBep'reD y_~ w Wrfr,>r BfVR •BI2NInF02e FND MID •PMENe1901fe PoC •PMN aCanMernnet AI awaa V9rp fv~frrc BFE •Bml FlgeeEIWMtOnm i0P .iaFnOpMVp Pp .ra+avw ~'~ UENN1$ a E P S. ~ REG. No. ZBbJ CAB. •CVgvalNan PlpEVk FPMM •ilmea PO.ar Ce.firNdl PRY •PwNMml RVamNlMpulva ~ .9milvy MMrlNe GC •Cweee CVCM FPP •FO/IB PMNBB9PBf PVCf •PNfR fvice 0 +Rdnepo MViW T~' ~, C5 •Cemmesro Ol. •DDef eeN p •Ra9v Q •Grell9v Try DATE: Febru.-ry 22, 2006 CI9W •CVNR1e 5,SNM W •oNeVM pNl •RIO4a,rsr /+ ... CBS •tPYIae BImMEllsue xVD •Flle xymre pLP •pNavtmtancl,l PDe i•=Seel Elpmen CIP •CmlxmPpf I!. •UNNI EIfvlpl 8NN •9AMNItom R.9/ffi O aLWeIPNV CL •CafRNN lB •CONNrap CVeeeNVMUroN 91p •9a l,mpmeCap 0..91 ~ aWa A01N II: .1.x+0. DMR / t6, 2000 R ClF •CxNNIrkfNNe V •Mtle PVe BMM •9MYby MaNak CeplgYp cMP ~~1pNw LfF •LPweMFIavEWb, teM •reNprayeNFlm.x ~,Fl~~ `~~ 5822 DREW ST. SWTE 8 CV •tvNRR MDIPw MOl •MVe afmf TW •iep aaiM mWNexMmnpe M!9 •MlbraeEm9mo, rW •rmasp. O[rF17~ GLEARWATERa fL 3376$ G noM. .Delta•rya Nrc .Nfegt4 Po' w,i •wam Fei,fs • =Power 9x • ~ ~ ~ PHONE: ('72%) =T4Z-1763 DhV •VAVwym I RI •Ma Rax1 NMMV9v WJ •WMVM A-A7: '9'1 ~- 4.. Q LOT 6 LOT 5 ~D'-tr1D- ~j9 P WW Lora S 89'15'1 w E(M) 299.39' S 89'1517 E(D) 299.09 ~s M ~~~~ E LOi 7 ~ LOT 8 30.00'~D) ~' S 89'1526 E([i) fE~++r I I rw w r~ ~ ~I N V! O 11 ~~ OR®INANCE N0.7651-06 G~ - ~ L AN ORDINANCE OF THE CITY OF CLEARWATER, ~ FLORIDA, VACATING THE 30-FOOT UTILITY EASEMENT RETAINED OVER THE VACATED STREET RIGHT-OF- WAY. OF STATE STREET LOCATED BETWEEN LOTS 9 AND 20 OF E.A. MARSHALL'S; PROVIDING AN EFFECTIVE DATE. WHEREAS, Pathway Community Church, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: the 30-foot utility easement retained over the vacated street right-of-way of State Street located between Lots 9 and 20 of E. A. Marshall's, as recorded in Plat Book 3, Page 44, of the Official Records of Pinellas County, Florida. is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption: Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Bryan D. Ruff Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7651-06 CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Cynthia Goudeau, City Clerk FROM: Steve Doherty, Engineer I SUBJECT: Vacation Request 2006-08 Pathways Community Church DATE: Apri118, 2006 Please advertise the subject vacation on May 4, 2006 and May 11, 2006 for a public hearing on May 18, 2006 Vacate the 30-foot utility easement retained over the vacated street right-of--way of State Street located between Lots 9 and 20 of E. A. Marshall's, as recorded in Plat Book 3, Page 44, of the Official Records of Pinellas County, Florida. I have enclosed a copy of the petition, drawing and portion of the atlas page. / sld encl. S:\engin\word\vacations\vac2006\2006-08 (Pathways Community Church) CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Bryan D. Ruff, Assistant City Attorney FROM: Steve Doherty, Engineer I SUBJECT: Vacation Request 2005-20 Pathway Community Church DATE: November 15, 2005 Please prepare Vacation Ordinance No. 7651-06 vacating: Vacate the 30-foot utility easement retained over the vacated street right-of--way of State Street located between Lots 9 and 20 of E. A. Marshall's, as recorded in Plat Book 3, Page 44, of the Official Records of Pinellas County, Florida. This item is to be scheduled for the December 15, 2005 City Commission meeting. /sld encl. S:\engin\word\vacations\vac2006\2006-08 (Pathways Community Church) r e • ~ ~ ~ ~ i I ST xl~m! m ~ HEAV SENT o( N r Clearwate City of Clearwater w E ~= . .. Public Works Administration / En ineerin ~ S Vacate the 30' utility easement retained over the vacated street r.o.w of State Street located between lots 9 and 20 E.A. Marshals Sub. ordinance 7651-06 Drawn By: $. K, Reviewed By: $, ~. Scale: N.T.S DWG. NO VAC 2006-08 Grid # 251 B S - T - R 03-29S-15e Date: 04/17/06 .~_. __ 8 [ 12 ;_. ... 9 3 ._ ,._._~~. 11 ___.........._.., 9 10 ' 10 3 11 18 3 4 2 1 TR "G" _ 10 avo2 1! Q 62 ' 69 Q 70......_._.... m 61 e; Q I' m 60 ~~ 71 P: 59 72 28 29 WILSON RD ~: r SU 'SET ~ HEGH /~!V 23 22 2, i- 47 7U 2 3 4 5 6 B C s (96) ' (97i ~ ," ~ -e O O tool 1O 18 ._"........7 ~- ~~' ~~t~1 VY G4t ~~ N w City of Clearwater Public Works Administration /Engineering ~ 0:,,~,,~F~~~~,,~,~.~ - $ Vacate the 30' utili easement retain ty ed over the vacated street r.o.w of State Street located between lots 9 and 20 E.A. Marshals Sub. ordinance 7651-06 Drawn By: $. K, Reviewed By: S. D. Scale: 1 " = 200 ft DWG. NO VAC 2006-08 Grid # 251 g S - T - R 03-29s-15e Date: 04/17/06 14 /- 15 O O 17 ,.,, 83 .... 18 _.. ,,.... 84 19 E8 " ~ ~ '~ ! 85 O 20 ?` 87 (` f 3~ 21 ii 2 ,.. ;.: "za ~ " ~" ~ ~ BYRAM DR ~~" Vacation Request ~ 65 '" 24 . ' B A licant ~ ; 67 tia 6i 25 ~ ~ {1 68 . '. I W CDB Meeting Date: November 21, 2006 Case Number: LUZ2006-08004 Owner/Applicant: New Zion Missionary Baptist Church Address: 1980 Kings Hi lg lway Agenda Item: F 13 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT ~~` ~„e~ ~~ BACKGROUND INFORMATION -~ ~~ V I 1 W ~ (Q~ REQUEST: ~ V"" - ~ lh~ (a) Future Land Use Plan amendment from the Institutional (I) Classification to the Residential High (RH) Classification; and (b) Rezoning from the Institutional (I) District to the High Density Residential (HDR) District. SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: 96,267 square feet or 2.21 acres Vacant Attached dwellings Institutional (I) Residential High (RH) Institutional (I) High Density Residential (HDR) Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 1 EXISTING SURROUNDING USES: North: Single family residential and attached dwelling units South: Institutional (church) East: Single family residential West: Single family residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 2.21 acres in area located on the west side of Kings Highway, approximately 110 feet south of the intersection of Woodlawn Terrace and Kings Highway. This property has a FLUP classification of Institutional (I) and a zoning designation of Institutional (I). The applicant is requesting to amend the FLUP designation of the site to the Residential High (RH) classification and to rezone the property to the High Density Residential (HDR) District in order to develop 30 attached dwelling units with swimming pool and recreation amenities. In accordance with the Countywide Plan Rules, the FLUP amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on density, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4- 603.F.1) Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 2.1 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 2 • 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, .and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law The proposed plan amendment is not consistent with Clearwater Comprehensive Plan Policy 2.2.1 (development compatibility). The development of 66 attached residential units at this location will be not compatible with the surrounding environment, even though it will not significantly impact levels of City services. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Residential High (RH) category, as specified in Section 2.3.3.3.1 of the Countywide. Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a highly intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban and intensive qualities, transportation facilities and natural resource characteristics of such areas. The site is located in close proximity to an existing church to the immediate south. To the north and east, is single family residential land use. Attached dwellings are located to the north and west. Institutional, Medium Density Residential, Low Medium Density Residential, and High Density Residential Zoning District designations surround the site. The proposed use of the property, attached dwelling units, is consistent with the purposes of the Residential High (RI-I) Future Land Use category, but the locational characteristics are not met Neighboring properties are not high density residential in nature. urt er, the applicant is proposing 30 attached condominium dwellings on 2.21 acres of land. The ~jj~~~ ,_, ~, Residential Medium (RM) Future Land Use category for 15 dwelling units per x'"'~ acre in the Medium Density Residential District (MDR) RM uture Land Use and MDR -~ zoning are more appropriate considering the propose elopment of the property. ~ ~ Fu o~ t~ Tonal Characteristics of The Countywide Plan Rules, for e~id~ntxal High,` ~~ Section 2.3.3.3.1 are not met._ Specifically, the surrounding_area_as_a_whole, is not high /~~'/ 5C9a'~ ,density residential in na~ue. Also, the site location is not served directly by mass transit,- S not providing an alternative to individual automobile use. ~~~~ Q ~~~ Recommended Conclusions of Law ~I The proposed plan amendment is not consistent with the purpose and locational f~"v ~~ characteristics of the Countywide Plan; therefore, the proposed amendment is not J,/ consistent with the Countywide Plan. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 3 • IH. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact Residential land use characterizes the immediate areas to the north, west, and east. The neighboring residential uses vary from single family residential to the east, and to multi family residential to the west, north, and northeast. Property to the northeast has a Future Land Use Designation of Residential High and is highly concentrated with attached residential units, two stories in height. A church occupies property to the immediate south. Further south is the intersection of Kings Highway and Sunset Point Road. Recommended Conclusions of Law The proposed FLUP designation and rezoning are not in character with the overall FLUP and zoning designations in the area. They are not compatible with surrounding uses and not consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earlier, the overall subject site is approximately 2.21 acres in area and is vacant. Based on a maximum permitted development potential in the proposed Residential High category, 66 dwelling units could potentially be constructed on this site. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table. MAXIII~UM P{)~'ENTIAL TR AF1~ fC ~~ ~ ~ Current ~E~i~tinh l'lan~ Proposed Net New Sunset 1'o~CKoad; 13cttc Lane to ltiings 1[i~;liwa~ Situxlit~n Plan Trips Maximum Dail Added Potential Tri s N/A 197 404 207 Maximum PM Peak Hour Added Potential Trips3 N/A 19 38 19 Volume of Sunset Point Road: Between Betty Lane and 12,692 12,889 13,096 207 Kin s Hi hwa LOS of Sunset Point Road: Between Betty Lane and Kings C C C C Hi hwa N/A =Not Applicable LOS =Level-of-Service 1 =Based on PPC calculations of trips per acre per day for the Institutional Future Land Use Category. 2 =Based on PPC calculations of trips per acre per day for the Residential High General Future Land Use Catego ry. 3 =Based on MPO K-factor of 0.095 Source: "The Rules" of the Countywide Future Land Use Plan Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 4 • Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Sunset Point Road, Betty Lane to Kings Highway, has a LOS of C. This segment is within close proximity to the site. The proposed FLUP category will generate 19 more trips on this segment of Sunset Point Road than the current category. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Net 1).~~cllin~~ \ et )'ncrca5e lnerease T~srs nni~s`5yuare 1)ail~ " of ~~~cra;;e PNI Peak ' of~PM I~ oota~c Drips I)ail~ Trips Grips Peak' Tri s Ex isting Zoning (I) / Future Land Use Plan (I) urc rips per 1,000 sq. ft.) 62,573 570 N/A 88 N/A square feet Proposed Zoning (HDR) /Future Land Use Plan (RH) Higjh Rise Condominum 66 276 -294 25 -63 dwelling units The proposed plan amendment and rezoning will not result in the degradation of the existing LOS to the surrounding road network. Even though the subject property is vacant and new trips will be generated by the development, the proposed plan amendment and rezoning will not result in the degradation of the existing Level of Service to the surrounding network. Furthermore, the City of Clearwater Engineering Department has concluded that the traffic generation associated with the proposed amendment will result in a net decrease in traffic. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject site is not located on any mass transit route. However, mass transit routes are located on Sunset Point Road, Betty Lane, and Highland Avenue. Water The current FLUP category, Institutional, could use up to 6,257 gallons per day for a 62,573 square foot church. Under the proposed FLUP category, Residential High, water demand, based on 66 potential residential units could approach approximately 16,500 gallons per day. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 5 Wastewater The current FLUP category, Institutional, could produce up to 5,006 gallons per day for a 62,573 square foot church. Under the proposed FLUP category Residential High, based on the potential of 66 residential units, sewer demand could approach approximately 13,200 gallons per day. Solid Waste The current FLUP category, Institutional, would result in the production of 50 tons of solid waste per year fora 62,573 square foot church. Under the proposed FLUP category, Residential High, the development of 66 residential dwelling units could generate 167 tons of solid waste per year. Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of up to 66 attached dwelling units. Open Space, Recreation Land and Recreation Facility impact fees will be required when the property is developed with residential uses. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process . Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network or to the operational efficiency of the signalized intersection. Further, there is an increase on demand for water, wastewater, and solid waste service. Open space and recreation facilities and mass transit will not be affected by the proposed future land use plan and zoning designations. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact No wetlands appear to be located on the subject site. This property is wooded to some extent. In the event that development is proposed which does not meet the minimum development standards of the Community Development Code, site plan review may be required. Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject site. The site is wooded. There is minimal impact to the City of Clearwater by the potential 66 attached residential units. Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 6 VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact The location of the proposed High Density Residential (HDR) District boundaries is consistent with the boundaries of the subject site. However, the proposed boundaries are. not logical as the site is abutting to one existing HDR zoning district to the northeast, but lower intensity zoning districts elsewhere. HDR is not consistent with the character of the area and the locational characteristics of the Countywide Rules. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. However, the proposed zoning district is not appropriate as it is not in character with the overall zoning designations in the area. HDR is not consistent with the character of the area and the locational characteristics of the Countywide Rules. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-502 & 4- 602.F.1. and .2.] Recommended Findings of Fact The Institutional Zoning District does not permit detached or attached dwelling units. The proposed land use is attached dwelling units. The subject site proposed for rezoning has a lot width of approximately 300 feet and a lot area of 2.21 acres (96,267 square feet). The High Density Residential zoning district minimum lot width requirement is 150 feet and the minimum lot area requirement is 15,000 square feet. Recommended Conclusions of Law The proposed use of the subject site is consistent with the uses allowed in the High Density Residential zoning district and the site meets the minimum lot width and area requirements of the District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances.in effect at the time development permits are requested. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the Institutional (I) category to the Residential High (RH) category and a rezoning from the Institutional (I) District to the High Density Residential (HDR) District for the subject site is requested. The site proposed to be developed is 2.21 acres (96,267 square feet) and exceeds the minimum lot size requirement for the development of 30 attached residential units within the High Density Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 7 ,~ Residential Zoning District. The neighborhood is characterized by a mix of single family residential detached dwellings, a church, and attached residential dwellings. The proposed future land use plan amendment and rezoning is not compatible with the existing neighborhood. The proposed Residential High (RH) Future Land Use Plan classification and High Density Residential (HDR) zoning district are not consistent with the City and the Countywide Comprehensive Plans, and is not compatible with the overall surrounding area. A Residential Medium (RM) Future Land Use Plan classification and a Medium Density Residential (MDR) zon' district are consistent with the City and the Countywide Comprehensive Pla ~~~~w~qul,El,Q be compatible with the overall surrounding area. The site meets t L io Ja~f~``''~~iaracteristics of the Future Land Use ~-- Classification of Residential Medium M), pursuant to Section 2.3.3.2.2. Neighboring property is medium density residential in nature. Based on the above analysis, the Planning Department recommends the following actions on the request: ACTIONS: a) Recommend DENIAL of the Future Land Use Plan amendment from the Institutional (I) Classification to the Residential High (RH) General Classification; b) Recommend DENIAL of the rezoning from the Institutional (I) District to the High Density Residential (HDR) District; c) .Recommend APPROVAL of the Future Land Use Plan amendment from the Institutional (I) Classification to the Residential Medium (RM) General Classification subject to concurrence of the applicant; and d) Recommend APPROVAL of the rezoning from the Institutional (I) District to the Medium Density Residential (MDR) District subject to concurrence of the applicant. Prepared by Planning Department staff: Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs Michael H. Reynolds, AICP, Planner III S: (Planning DepartmentlC D BlLand Use AmendmentslLUZ 200tiILUZ2006-08004, 1980 King's Highway -New Zion Missionary Baptist Church Bd. of TrusteeslPrintable Staff Report, LUZ2006-08004.doc Staff Report -Community Development Board -November 21, 2006 -Case LUZ2006-08004 Page 8 ~~~~ " CITY OF CLEARWATER PUBLIC HEARING NOTICE ! LAND USE PLAN AND ZONING ATLAS AMENDMENTS Jr NOTE: All persons ~ wishing to address an item need to be present at the BEGINNING of the Community Development Board meetinq. Those cases that are not contested by the applicant, staff, nei_phboring property owners, etc. will be placed on a consent a_penda and approved by a single vote at the beginning of the meetinq. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 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 (INS) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7730-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN 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 (I) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING AN EFFECTIVE DATE. The proposed ordinances will affect the land area shown on the map in this advertisement: (INSERT MAP HERE) Schedule of Public Hearings: Tuesday, November 21, 2006 before the Community Development Board, at 1:00 p.m. Thursday, December 14, 2006 before the City Council (1S Reading), at 6:00 p.m. Thursday, January 18, 2007 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. (New Zion Missionary Baptist Church Bd of Trustees) LUZ2006-08004 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. .. • s • 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 8~ 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.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 11/10/06 8~ 01/09/07 .~ - • ~~ O 1 ~•, CONSENT AGENDA Revised 11/21/2006 COMMUNITY DEVELOPMENT BOARD Date: Tuesday, November 21, 2006 Time: 1:00 p.m. Place: 112 South Osceola Street, 3`d 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 authorize a reasonable amount of time up to 10 minutes. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. that 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. Make Us Your Favorite! ww-w.inyclearwater.com/Qoy/dents/planning Community Development Board Consent Agenda -November 21, 2006 -Page 1 of 10 C1 A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Gildersleeve, Vice Chair Fritsch, Members Behar, Coates, Johnson, Milam, Tallman, Alternate Member (Dennehy), City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 17, 2006 D. REQUESTS FOR CONTINUANCE (Items 1-2): 1. Case: FLD2006-05032 - 921 Lakeview Road Level Two Application (Request for Continuance to December 19, 2006) Owner: Dorothy B. LeBlanc and Sexton Enterprises, Inc. Applicant: Mark LeBlanc. Representatives: Housh Ghovaee, Northside Engineering Services, Inc. (601 Cleveland Street, Suite 930, Clearwater, FL 33755; phone: 727-443-2869; fax: 727-446-8036; email: doreen(a,northsideengineerinQ.com). Location: 0.253 acres located on the south side of Lakeview Road, approximately 600 feet east of South Myrtle Avenue and 50 feet west of Prospect Avenue. Atlas Page: 306A. Zoning District: Commercial (C) District. Request: Flexible Development approval to permit a restaurant in the Commercial District with a reduction to the lot width from 100 feet to 89.77 feet (south along Dempsey Street), reductions to the front (north along Lakeview Road) setback from 25 feet to 18.1 feet (to existing building), from 25 feet to 14 feet (to sidewalk) and from 25 feet to four feet (to pavement), reductions to the front (south along Dempsey Street) from 25 feet to one-foot (to pavement) and from 25 feet to zero feet (to ~~ -umpster enclosure), a reduction to the side (east) setback from 10 feet to three feet (to existing building), a reduction to the side (west) setback .from 10 feet to five feet (to pavement), an increase to building height from 25 feet to 29.5 feet (to existing midpoint of the pitched roof), a reduction to the required parking from 43 spaces to 16 spaces and a deviation to allow direct access to Lakeview Road, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, with reductions to the perimeter landscape buffers along Lakeview Road from 15 feet to four feet (to pavement), along Dempsey Street from 10 feet to one-foot (to pavement) and from 10 feet to zero feet (to dumpster enclosure) and along the east from five feet to three feet (to existing building), a reduction to the interior landscape requirement from 10 percent to 5.5 percent and a reduction to the foundation landscape area from five feet wide to zero feet wide, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Restaurant. Neighborhood Associations: South Clearwater Citizens for Progress (Duke Tiernan, 1120 Kingsley Street, Clearwater, FL 33756; email: duketieman(a~aol.com); Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. 2. Case: TA2006-09007 -Amendments to the Community Development Code Level Three Application (Request for Continuance to December 19, 2006) Applicant: City of Clearwater, Development and Neighborhood Services " Request: Amendments to the Community Development Code Renaming Occupational Licenses to Business Tax Receipts consistent with recent changes in Florida Statutes. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758) Presenter: Michael Delk, AICP. Community Development Board Consent Agenda -November 21, 2006 -Page 2 of 10 • E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting (Items 1-18): 1. Case: FLD2006-07044 - 1721 Gulf to Bay Boulevard Level Two Application (Continued from October I7, 2006) Owner: PBP of Clearwater, LLC. Applicant: Pilot Construction Technology, Inc. Representative: Abdi R. Boozar-Jomehri (685 Main Street, Suite A, Safety Harbor, FL 34695; phone: 727-725-2550; fax: 727-725-2317; email: pcti(a,pilotconstruction.com). Location: 2.49 acres located on the south side of Gulf to Bay Boulevard between Duncan and Plumosa Avenues. Atlas Page: 297B. Zoning District: Commercial (C) District. Request: Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to /~ / existing pavement), reductions to the side (south) setback from 10 feet to 5.1 feet (to proposed v building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement) and a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), . as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Addition of a 20,050 square-foot office building (existing 22,209 square-foot retail sales and services -West Marine). Neighborhood Associations: Skycrest Neighbors .(Joanna Siskin, President, 121 N. Crest Avenue, Clearwater, FL 33755); Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. 2. Case: FLD2006-06033 - 706 Bayway Boulevard Level Two Application Owner: Harborside Condominiums LLC. Applicant: Mark Newkirk. Representatives: Janice Sands Ash, President, Ash Engineering, Inc. (4902 Eisenhower Boulevard, Suite 380, Tampa, FL 33634-6323; phone: 813-290-8899; fax: 813-290-8891). ,}~ Location: 0.35 acres located on the north side of Bayway Boulevard, approximately 300 feet west of V Gulf Boulevard. Atlas Page: 285A. Zoning District: Tourist (T) District. Request: Flexible Development approval to permit amulti-use dock for eight slips totaling 687 square feet, under the provisions of Section 3-601. Proposed Use: Multi-use docks of 687 square feet for eight wet slips, in conjunction with a 15-unit attached dwelling use (condominiums). Neighborhood Associations: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767: phone: 727-443-2168; email: papamurt~hy(a~aol.com); Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. Community Development Board Consent Agenda -November 21, 2006 -Page 3 of 10 3. Case: CU96-46 - 1339, l~, 1345 Park Street/1344 Pierce Street • Level Two Application . Owner: Society of St. Vincent de Paul of Upper Pinellas County, Inc. Applicant: Clearwater Homeless Intervention Project (CHIP) and City Of Clearwater. Representative: Sidney Klein, City of Clearwater Police Chief (work: 562-4343). Location: 1.3 acres located on the south side of Park Street and on the north side of Pierce Street, approximately 700 feet west of Gulf to Bay Boulevard. Atlas Page: 287B. Zoning District: Commercial (C) and Medium Density Residential (MDR) Districts. Request: Amend a condition of approval requiring neighborhood meetings from not less than /~ quarterly to not less than bi-annually on a previous Conditional Use application permitting a / residential shelter and police substation (condition of approval adopted November 5, 1996, and re- v adopted July 15, 2003, by the Community Development Board). Existing Use: Residential shelter, police substation and parking lot. Neighborhood Associations: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Wayne M. Wells, AICP, Planner III. 4. Case: FLD2005-07068 - 401, 41.1 and 421 South Gulfview Boulevard Level Two Application Owner: Canterbury Property Management, Inc., Canterbury Oaks, Inc. and Nikana Holdings, LLC. Applicant: Canterbury Property Management, Inc. Representative: E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368, Clearwater„FL 33757; phone: 727-461-1818; fax: 727-441-8617; a-mail: eda(a,jpfirm.com). Location: 1.994 acres located between South Gulfview Boulevard and Coronado Drive at the intersection with Fifth Street. Atlas Page: 276A. Zoning District: Tourist (T) District. Request: Extend the time frame of the Development Order. Proposed Use: Attached dwellings. Presenter: Wayne M. Wells, AICP, Planner III. 5. Cases: FLD2005-05047/TDR2005-05022 - 430 South Gulfview Boulevard Level Two Application Owners/Applicant: TWBeach Residences -Clearwater, LLC. Representative: E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box / 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-441-8617; a-mail: eda~a),jpfirm.com). V Location: 2.45 acres located on the west side of South Gulfview Boulevard approximately 500 feet northwest of Hamden Drive and directly south of Clearwater Beach. Atlas Page: 276A. Zoning District: Tourist (T) and Open Space/Recreation (OS/R) Districts. Request: Extend the time frame of the Development Order. Proposed Use: Mixed use of 112 attached dwellings (condominiums) and 78. overnight accommodation rooms/units. Presenter: Wayne M. Wells, AICP, Planner III. Community Development Board Consent Agenda -November 21, 2006 -Page 4 of 10 6. Case: FLD2006-05030 ~2, 303, 304, 308, 309, 400 and 404 N~ Osceola Avenue; 410 Jones Street; and 410 North Fort Harrison Avenue Level Two Application Owners: Triangle Old Bay Holdings, LLC and Church of Scientology Flag Service Organization. Applicant: Triangle Old Bay Holdings, LLC. Representative: Thomas Coates, Triangle Development (305 North Fort Harrison Avenue, Clearwater, FL 33755; phone: 727-446-0020; fax: 727-446-0002; email: thomas a,triangledevelopment.com). Location: 5.18 acres located west of North Fort Harrison Avenue between Jones and Georgia Streets. Atlas Page: 277B. Zoning District: Downtown (D) District. Request: Flexible Development approval for amixed-use development within the Downtown (D) District consisting of 358 attached dwellings and 13,235 square feet ofnon-residential floor area with increases in height to 48 feet (east side) and 180 feet (west side) as a Comprehensive Infill Redevelopment Project as per Section 2-903.C of the Community Development Code. Proposed Use: Mixed-Use (358 attached dwellings and 13,235 square feet non-residential floor area). Neighborhood Associations: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758); Old Clearwater Bay Neighborhood (Kathy Milam, 1828 Venetian Point Drive, Clearwater, FL 33767); North Greenwood Association, Inc. (Jonathan Wade, 1201 Douglas Road, Clearwater, FL 33755). Presenter: Robert G. Tefft, Planner III. 7. Case: DVA2006-00001 - 302, 303, 304, 308, 309, 400 and 404 North Osceola Avenue; 410 Jones Street; and 410 North Fort Harrison Avenue Level Three Application Owners: Triangle Old Bay Holdings, LLC and Church of Scientology Flag Service Organization. Applicant: Triangle Old Bay Holdings, LLC. Representative: E. D. Armstrong III, Johnson, Pope, Bokor, Ruppel & Burns, LLP (911 Chestnut Street, Clearwater, FL 33756; phone: 727-461-1818; fax 727-462-0365; email: ed(a,ipfirm.com). Location: 5.18 acres located west of North Fort Harrison Avenue between Jones and Georgia Streets. Atlas Page: 277B. Zoning District: Downtown (D) District. Request: Review of, and recommendation to the City Council, of a Development Agreement between Triangle Old Bay Holdings, LLC and the City of Clearwater. Proposed Use: Mixed-use (358 attached dwellings at 84.43 units/acre with 13,235 square feet of non- residential floor area at 0.5 Floor Area Ratio (F.A.R.) and heights of 48 feet on the Harrison Village [east] portion of the site and 180 feet on the Island View [west] portion of the site). Neighborhood Associations: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758); Old Clearwater Bay Neighborhood (Kathy Milam, 1828 Venetian Point Drive, Clearwater, FL 33767); North Greenwood Association, .Inc. (Jonathan Wade, 1201 Douglas Road, Clearwater, FL 33755). Presenter: Robert G. Tefft, Planner III. Community Development Board Consent Agenda -November 21, 2006 -Page 5 of 10 8. Case: FLD2006-08047 -~00 US Highway 19 North ~ Level Two Annlicatinn Owner: Kenyon Dodge Inc. Applicant: Autoway Dodge Clearwater. Representatives: Glenn B. Giles, Arc Avenue, Inc. (2341 Hollywood Boulevard, Hollywood, FL 33020; phone: 954-923-5838; fax: 954-923-3838). Location: 13.17 acres located on the west side of US Highway 19 North approximately 150 feet north of Harn Boulevard. Atlas Page: 309B. Zoning District: Commercial (C) District. Request: Flexible Development approval to redevelop an existing Vehicle Sales establishment, in the Commercial District, with an increase to the maximum building height of an attached entrance feature from 25 feet to 36.5 feet, a reduction to the front (east) setback from 25 feet to 15 feet (to pavement), a reduction to the side (west) setback from 10 feet to 5 feet (to pavement), and a reduction to the side (south) setback from 10 feet to 5 feet (to pavement), as a Comprehensive Infill Redevelopment Project, per Section 2-704.C. Also included is a reduction to front (north) landscape buffer from 10 feet to five feet, a reduction to the side (south) landscape buffer from five feet to zero feet, and a reduction to the side (west) landscape buffer from five feet to zero feet, as a Comprehensive Landscape Program, per Section 3-1202. G. Proposed Use: Vehicle Sales. Neighborhood Associations: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: John Schodtler, Planner II. 9. Case: ANX2006-04013 - 1432 S. Belcher Road Level Three Application Owner: Kenneth & Sandra St. John (1681 Sherbrook Road, Clearwater, FL 33764; Telephone 727- 539-6190). Location: A 0.310-acre parcel of land and abutting Catalina Drive right-of-way located on the northwest corner of S. Belcher Road and Catalina Drive. Atlas Page: 316B. Request: (a) Annexation of 0.310-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Urban (RU) and Residential /Office General (R/OG) Categories (County) to Residential Urban (RU) and Residential /Office General (R/OG) Categories (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential and P-1, General Professional Office Districts (County) to Low Medium Density Residential (LMDR) and Office (O) Districts (City of Clearwater). Existing Use: Animal Hospital. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner IL 10. Case: ANX2006-08027 - 1300 Highfield Drive Level Three Application Owner: Jeff Kauck (1300 Highfield Drive, Clearwater, FL 33764; Telephone 727-688-5624). Location: A 0.217-acre parcel of land located on the southwest corner of Lakeview Road and Highfield Drive. Atlas Page: 308A. I / Request: ~/ (a) Annexation of 0.217-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-2, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Existing Use: Detached Dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. Community Development Board Consent Agenda -November 21, 2006 -Page 6 of 10 • i 11. Case: ANX2006-08028 - 2031 N. Betty Lane Level Three Application Owner: Kristi Dodson (2031 N. Betty Lane, Clearwater, FL 33755; Telephone 727-442-4814). Location: A 0.116-acre parcel of land located on the east side of Betty and Highfield Drive. Atlas Page: 251B. Request: (a) Annexation of 0.116-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Urban (RU) Category (County) to Residential Urban (RU) Category (City of Clearwater); and (c) Rezoning from R-4, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Existing Use: Detached Dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. 12. Case: ANX2006-08030 - 1216 Claire Drive Level Three Application Owner: James L. Waters (2451 Bond Avenue, Clearwater, FL 33759; Telephone 727-580-3595). Location: A 0.156-acre parcel of land located on the north side of Claire Drive approximately 160 feet east of Stevenson's Drive and 185 feet west of Stockton Drive. Atlas Page: 269B. Request: .. (a) Annexation of 0.156-acres of property to the City of Clearwater; 1 (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning -from R-3, Single-Family Residential District (County) to Low Medium Density Residential. (LMDR) District (City of Clearwater). Existing Use: Detached Dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. 13. Case: ANX2006-09032 - 1240 Carol Drive Level Three Application Owner: Arthur & Dorothy Benjamin (1240 Carol Drive, Clearwater, FL 33755; Telephone 727-443- 2063). Location: A 0.185-acre parcel of land and abutting right-of--way located on the north side of Claire Drive approximately 160 feet east of Stevenson's Drive and 185 feet west of Stockton Drive. Atlas Page: 269B. Request: ~' 1 (a) Annexation of 0.185-acres of property to the City of Clearwater; V (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Existing Use: Detached Dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. Community Development Board Consent Agenda -November 21, 2006 -Page 7 of 10 14. Case: ANX2006-09033 ~2 Claire Drive ~ Level Three Application Owner: James L. Waters (2451 Bond Avenue, Clearwater, FL 33759; Telephone 727-580-3595). ~ Location: A 0.156-acre parcel of land located on the north side of Claire Drive approximately 177 feet west of N. Betty Lane and 400 feet east of Stevenson's Drive. Atlas Page: 269B. Request: (a) Annexation of 0.156-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Existing Use: Detached Dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. 15. Case: ANX2006-09034 - 1824 Diane Drive Level Three Application Owner: Patrice Dukes (19201 Vista Lane Apt. C4, Indian Shores, FL 33785; Telephone 727-536- 2420). Location: A 0.185-acre parcel of land located on the north side of Claire Drive approximately 160 feet east of Stevenson's Drive and 185 feet west of Stockton Drive. Atlas Page: 269B. Request: (a) Annexation of 0.18-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Existing Use: Detached Dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. 16. Case: ANX2006-06024-2295 McMullen Booth Road Level Three Application Owner: Northwood .Community Church Inc. (2295 McMullen Booth Road, Clearwater, FL 33759; Telephone 727-791-4171). Representative: Ken Vogel (1436 Normandy Lane, Palm Harbor, FL 34683; Telephone 727-434- 7447 Location: A 2.12-acre parcel of land and .38-acres of abutting right-of--way located on the west side of McMullen Booth Road approximately 165 feet north of Renaissance Drive and 500 feet south of Marlo Boulevard. C_~ tlas Page: 245A. equest: (a) Annexation of 2.12-acres of property and .38-acres of abutting right-of--way to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Suburban (RS) Category (County) to Institutional (I) Category (City of Clearwater); and (c) Rezoning from A-E, Agricultural Estate Residential District (County) to Institutional (I) District (City of Clearwater). Existing Use: Place of Worship. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. . Community Development Board Consent Agenda -November 21, 2006 -Page 8 of 10 17. Case: LUZ2006-08005 -~5 McMullen Booth Road Level Three Application Owner: Northwood Community Church Inc. (2295 McMullen Boot Road, Clearwater, FL 33759; Telephone 727-791-4171). Representative: Ken Vogel (1436 Normandy Lane, Palm Harbor, FL 34683; Telephone 727-434- 7447 Location: A 2.12-acre parcel of land and .38-acres of abutting right-of--way located on the west side of McMullen Booth Road approximately 165 feet north of Renaissance Drive and 500 feet south of Marlo Boulevard. Atlas Page: 245A. Request: (a) Future Land Use Plan amendment from the Residential Suburban (RS) Category (County) to the Institutional (I) Category (City of Clearwater); and (b) Rezoning from A-E, Agricultural Estate Residential District (County) to Institutional (I) District (City of Clearwater). Proposed Use: Place of Worship. Type of Amendment: Small Scale. Neighborhood Association(s): Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL .33758. Presenter: Cky Ready, Planner II. 18. Case: ANX2006-08029 - 1504 Country Lane West Level Three Application Owner: James W. Nelson (1223 N. Saturn Avenue; Telephone 727-461-5020). Location: A 0.596-acre parcel of land located approximately 500 feet south of the intersection of SR 590 and Country Lane West. Atlas Page: 273B. Request: (a) Annexation of 0.596-acres of property into the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential C j Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Existing Use: Single-Family Detached Dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. F. LEVEL THREE APPLICATION (Item 1): 1. Case: LUZ2006-08004 - 1980 Kings Highway Level Three Application Owner/Applicant: New Zion Missionary Baptist Church. Representative: Bernard K. Reichel, Jr. (1957 Freedom Drive; Telephone 727-638-9062). Location: 2.21 acres located approximately 110 feet south from the intersection of Woodlawn Terrace and Kings Highway. Atlas Page: 251B Request: (a) Future Land Use Plan amendment from the. Institutional (INS) Category to the Residential High ~, (RH) Category; and (b) Rezoning from the Institutional (I) District to High Density Residential (HDR) District Proposed Use: Attached dwellings. ~,~ Type of Amendment. Large Scale. Neighborhood Association(s): ,Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. n t/ .Box 8204, Clearwater, FL 3375 ~\ Presenter: Michael H. Reynolds, AICP, Planner III. J Community Development Board Consent Agenda -November 21, 2006 -Page 9 of 10 G. DII2ECTOR'S ITEM ~(>~ 1) 1. Holiday donations to Community Pride. H. ADJOURNMENT • S.•IPlanning DepartmentlC D BlAgendas DRC & CDBICDBI2006111 November 21, 20061CDB Consent Agenda November 21, 2006.doc Community Development Board Consent Agenda -November 21, 2006 -Page 10 of 10 12. Case: ANX2006-08029 - 1504 Country Lane West Level Three Application Owner: James W. Nelson (1223 N. Saturn Avenue; Telephone 727-461-5020). Location: A 0.596-acre parcel of land located approximately 500 feet south of the intersection of SR 590 and Country Lane West. Atlas Page: 273B. Request: (a) Annexation of 0.596-acres of property into the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low .(RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Existing Use: Single-Family Detached Dwelling. Neighborhood Association: Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. 13. Case: LUZ2006-08004 - 1980 Kings Highway Level Three Application Owner/Applicant: New Zion Missionary Baptist Church. Representative: Bernard K. Reichel, Jr. (1957 Freedom Drive; Telephone 727-638-9062). Location: 2.21 acres located approximately 110 feet south from the intersection of Woodlawn Terrace and Kings Highway. Atlas Page: 251B Request: (c) Future Land Use Plan amendment from the Institutional (INS) Category to the Residential High (RH) Category; and (d) Rezoning from the Institutional (I) District to High Density Residential (HDR) District Proposed Use: Attached dwellings. Type of Amendment: Large Scale. Neighborhood Association(s): Clearwater Neighborhoods Coalition (Sondra Kerr, President, P; O. Box 8204, Clearwater, FL 33758. Presenter: Michael H. Reynolds, AICP, Planner III. G. DIItECTOR'S ITEM (1) 1. Schedule Special Community Development Board Meeting on December O5, 2006, 1PM. H. ADJOURNMENT S: (Planning DepartmentlC D BlAgendas DRC & CDBICDBI2006111 November 21, 20061CDB Agenda November 21, 2006.doc Community Development Board Agenda -November 21, 2006 -Page 9 of 9 ii Case Number: LUZ2006-08004-- 1980 KINGS HIGFIWAY Owner(s): New Zion Miss Bapt Church Bd O 1182 Brownell St Clearwater, FI 33756 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Location: 2.21 acres, located approximately ] 10 feet south from the intersection of Woodlawn Terrace and Kings Highway Atlas Page: 251B Zoning District: I, Institutional Request: Application for Land Use/Zoning amendment (LUZ2006-08004) approval to change Institutional (INS) land use to Residential High (RH) and to change the zoning from Institutional (I) to High Density Residential (HDR). Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAiL: No Email Presenter: Mike Reynolds, Planner III Attendees Included: Mike Reynolds, Neil Thompson, Scott Rice The DRC reviewed this application with the following comments: General Engineering: 1 . 1. Sanitary sewer is not presently available to subject property. 2. City water is available to the site upon payment of applicable fees. Environmental: 1 . 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 . No Issues. Solid Waste: No Comments Traffic Engineering: 1 , General note: Prior to a D.O. provide a Traffic Impact Study if * Project generates 100 or more new vehicle trips per hour, * Project generates 1000 or more new vehicle trips per day, * Project degrades the acceptable level of service for any roadway leg or any turning movement at intersections as adopted in the City's Comprehensive Plan. * 1f required by the Traffic Operations Manager. (Development Code Section: 4-801) 2 . Show location of fire hydrant, must be within 300' as the hose lays. Planning: No Comments Development Review Agenda -Thursday, October 5, 2006 -Page 55 _~ ~ Other: No Comments Notes: The nature of the residential project, as to number of units, needs to be confirmed. Development Review Agenda -Thursday, October 5, 2006 -Page 56