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2003 LARGE SCALE AMENDMENTS6. I I! ~'(l~E 3G. T ~- A ~ ~ COO P'6 ~~ ' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH COLLEEN CASTILLE Governor Secretary November 16, 2003 The Honorable Brian Aungst, Sr Mayor, City of Clearwater P. O. Box 4748 Clearwater, FL 33758-474 Dear Mayor Aungst: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment adopted by Ordinance Nos. 7001-02, 7056-03 and 7088-03 and determined that they meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice of Intent to find the plan amendment In Compliance. The Notice of Intent was sent to the Tampa Tribu~ze for publication on November 16, 2003. The Department's notice of intent to find a plan amendment incompliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits fora development, dependent on the amendment maybe issued or commence before the plan amendment takes effect. Please be advised that Section 163.3184(8)(c)2, Florida Statutes, requires a local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please note that a copy of the:adopted, City of Clearwater Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Municipal Service Building, 100 South Myrtle Avenue, Clearwater, Florida 33756. ~~c~ov~~ ~. ;i i} _ CS f !3t1 P~. ~ ..1~P~'o~c ~`MENT CITY uF ~LEp-RWAT~R 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http•//www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 3 2 3 99-21 00 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 48&7956 r4 ,1 Honorable Brian Aungst, Mayor November 16, 2003 Page 2 If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Marina Pennington, Regional Planning Administrator, at (850) 922-1809, or Michael Sherman, AICP, Principal Planner, at (850) 922- 1825. Sincerely Yours, ?,~./~~~ ar es Gauthier, AICP, Chief Office of Comprehensive Planning CG/ms Enclosure: Notice of Intent cc: Mr. Manny Pumariega, Executive Director, Tampa Bay RPC Ms. Gina Clayton, Long Range Planning Mgr., City of Clearwater Af ~ • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CLEARWATER COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET NO. 03-1-NOI-5206 The Department gives notice of its intent to find the Amendments to the Comprehensive Plan for the City of Clearwater adopted by Ordinance No. 7001-02, 7056-03 and 7088-03 on September 18, 2003, IN COMPLIANCE, pursuant to Sections 1.63.3184, 163.3187 and 163.3189, F.S. The adopted Clearwater Comprehensive Plan Amendments and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Municipal Service Building , 100 South Myrtle Avenue, Clearwater, Florida 33756. . Any affected person, as defined in Section 163.3184; F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendments to the Clearwater Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government. Faihue to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parizvay, Tallahassee, Florida 32399-3060. Failure to petition to intervene ~~ithin the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and l 20.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. ~~ ~~~ 1~sGauthier,~AICP Acting Division Director Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 1 REC~VV~ !~`i~11 -- ~ LUU3 ~~~~i~' '~' o,b• ~~,~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH - COLLEEN CASTILLE Governor Secretary Ms. Gina Clayton Long Range Planning Manager Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Ms. Clayton: October 7, 2003 ~ ~ C ~~ b ~® QC~ ~ ~ Z~Q~ PLRNNINC ®EPgRTN-ENT CfTY QF C~E~~?r,,nl±pTER Thank you for submitting copies of City of Clearwater's plan amendment DCA. 03-1 adopted by Ordinance No(s). 7001-02, 7056-03, and 7088-03 on September 18, 2003 for our review. We have conducted an inventory of the plan amendment package to verify the inclusion of all required materials. The submission package appears to be complete and your adopted plan amendment will be reviewed pursuant to Chapter 163, Florida Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. The Department will conduct a compliance review and issue a Notice of Intent regarding the adopted comprehensive plan amendment on or about November 18, 2003. Please be advised that Section 163.3184(8)(c)2, Florida Statutes, requires a local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. If you have any questions, please contact Marina. Pennington, Regional Planning Administrator for region 8, who will be assigning the adopted plan amendment for review at (850)487-4545. Sincerely, ~.'~`7 ~''~~ D. Ray Eubanks Plan Review and Processing Administrator DRE/dj cc: Manuel Pumariega, Executive Director Tampa Bay Regional Planning Council 2555 SNUMARD OAK BOULEVARD •TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING 8 COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oek Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399.2100 (305) 289.2402 (850) 488.2356 (850) 413-9989 (850) 488-7956 ~ 1~n/,,, ,,,~ _ • Tampa Bay,Regtonal Planning Council Chair vice-Chair Se LeI. ~ eas~~~®Executive Director Commissioner Barbara Sheen Todd Commissioner Steve Simon Commissio~irlaa~en F~ahmann Manny L. Pumariega 7 October 2003 OCT ©g 2003 PI.AN~~~G ~ ~ ~~ ~~ ERT CAN ~F ~,~.~. Ms. Cynthia Tarapani, AICP Director of Planning City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Cyndi: Enclosed is a copy of the Council's review of the City of Clearwater's first adopted amendment of 2003. The report will be on the Consent Agenda at the Monday, 13 October, 2003, Council meeting, which will begin at 10:00 a.m. Please do not hesitate to contact me if more information or clarification concerning the contents of the report is needed. Sincerely, G~~~ H. Gerald Smelt, AICP Governmental Services Coordinator Enclosure 9455 Koger Boulevard, Suite 219, St. Petersburg, FL 33702-2491 Phone (727) 570-5151 FAX (727) 570-51 I8 State Number 513-5066 www. tbrpc. org ~ • • ~, _ - - Council Agenda 10/13/03 "'`" Agenda Item #4.A .., a ~$P i aIIJR y~"6' cii LOCAL GOVERNMENT COMPREHENSIVE PLAN ADOPTED AMENDMENT REPORT (No Subsequent Revisions) CITY OF CLEARWATER DCA #03-1 Amendment #LhZ2002-0511'04 -Future Land hse Map General Description ~ From: Industrial Limited To: Residential High • Size: 10.05 acres • Location: South of State Road 590, approx- . imately 725 feet west of McMullen Booth Road Council Review Proposed amendment 9 June 2003 reviewed on Regionally Significant Yes, due to the property's location in relation to McMullen Booth Road. Regional Comments None. Applicable SRPP Affordable Housing - 1.3.7 policies Economic Development - 2.3.1 Regional Transportation - 5.1.6; 5.1.12 Consistent with SRPP Yes. Amendment #LI;Z2002-0901.0 -Future Land Gse Map General Description From: Commercial General To: Residential Medium • Size: .87 acres • Location: 209 - 229 Windward Passage For Council meeting of 13 October 2003. Report prepared by: Gerald Smelt, Ext. 288 • • ~ Council Review Proposed amendment 9 June 2003 reviewed on Regionally Significant Yes, due to location in the Coastal High Hazard Area Regional Comments The amendment and rezoning are intended to bring a legal, non-conforming structure into compliance with the City's Community Development code and continue the current use. • The amendment will reduce the maximum permitted level of residential population in the CHHA. Applicable SRPP Emergency Preparedness - 3:4.22 policies Consistent with SRPP Yes. Amendment #LLiZ20(12-11011 - -Future Land [se i19ap General Description From: Commercial General To: Residential High • Size: 1:83 acres • Location: 202 Windward Passage Council Review Proposed amendment 9 June 2003 reviewed on Regionally Significant Yes, due to location in the Coastal High Hazard Area Regional Comments By reducing the permitted density of two neighboring properties (see previous amendment) the increase in density caused by this amendment has been offset. Applicable SRPP Affordable Housing - 1:4.4. -~ policies Economic Development - 2.3.3 Consistent with SRPP Yes. For Council meeting of 13 October 2003 Report prepared by: 2 Gerald Smelt, Ext. 288 LONG RANGE PLANNING DEVELOPMENT REVIEW October 3, 2003 • CITY OF CLEARWATEIZ PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, LOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727] 562-4567 FAx (727) 562-4576 Mr. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning Division of Community Planning Plan Processing Team 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Transmittal of Adopted Comprehensive Plan Amendments for the City of Clearwater (03- 01) Dear Mr. Eubanks: Please find attached three copies of the adopted amendments to the City of Clearwater Comprehensive Plan (03-01), which constitute the City's first plan amendment for the calendar year of 2003. 9J-11.011 5)(a)1: The City of Clearwater wishes the Notice of Intent to be published in the Tampa Tribune, The Tribune Company, 2560 Gulf to Bay Boulevard, Suite 100, Clearwater, FL 33765, (727) 799-7411. 9J-11.011(5)(a~ The following plan amendments, constituting submittal package 03-01, were adopted by the City of Clearwater at the September 18, 2003 City Commission meeting by the identified ordinance number: • LUZ2002-05004 Bayridge Apartments Plan Amendment (Ordinance Number 7001-02) • LUZ2002-09010 The Pools at Windward Passage Homeowner's Association Plan Amendment (Ordinance Number 7056-03) LUZ2002-11011 High and Dry Marina, Inc Plan Amendment (Ordinance Number 7088- 03) 9J-11.011(5~(a)3: Copies of this correspondence, the adopted amendment and related documents have been sent to the Pinellas County Planning Department, the Tampa Bay Regional Planning Council, the Southwest Florida Management District, the Florida Department of Transportation, and the Department of Environmental Protection, and the Department of State Bureau of Historic Preservation, under separate cover on October 3, 2003. BRIAN J. AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBI3ARD, COMMISSIONER BfI.1.JONSON, COMMISSIONER ~~RQUAI. EMPI.OYMIiNT AND AFFIRMATIVF, ACTION EMPLOYER~~ ~ • October 3, 2003 Ray Eubanks-Page 2 9J-11.011(5 (a)4: The comprehensive plan amendment package was adopted without revision from the proposed amendment package and no objections were raised by an affected party, the amendment was not reviewed by the Department or if reviewed no objections were raised. Based upon these facts, we request expedited publication of a Notice of Intent pursuant to Section 163.3184(8), Florida Statutes. 9J-11.011(5)(a)5: Three (3) Future Land Use Map amendments are being adopted as part of this submittal package. The following is a summary of the package: The amendments included in this package were adopted by the City of Clearwater on September 18, 2003 without any revision or change from the proposed amendment package sent to the Department on May 13, 2003. All findings of the City of Clearwater related to this amendment package are included in the adoption for each of the three amendments. All of the proposed amendments included in Submittal Package 03-01 were adopted by the City. of Clearwater. 9J-11.0011(5)(a)6: Gina Clayton Long Range Planning Manager P.O. Box 4748 Clearwater, FL 33758-4748 Telephone: 727-5 62-45 87 Fax: 727-562-4865 gclayton@clearwater-fl.com If you need further assistance, please contact Gina Clayton. Thank you for your courtesy in this matter. Sincerely, Cynthia Tarapani, AICP Director of Planning City of Clearwater Enclosures J S:IPlanning DepartmentlDCAILARGE SCALE AMENDMENTS12003 Submissions12003 Ist Large Scale ADOPTED DCA transmittal lellerf0-3-03.doc • October 3, 2003 CJ Pinellas County Planning Department 600 Cleveland Street, Suite 750 Clearwater, FL 33755 Tampa Bay Regional Planning Council Attn: Gerald Smelt, Principal Planner 9455 Koger Boulevard, # 219 St. Petersburg, FL 33702 Southwest Florida Water Management District Attn: Richard S. Owen, AICP, Planning Director 2379 Broad Street Brooksville, FL 34604-6899 Florida Department of State Bureau of Historic Preservation Attn: Ms. Susan Harp R.A. Gray Building 500 South Bronough Street Tallahassee, Fl 323-99-0250 Florida Department of Transportation District Seven Attn: Carol M. Collins, LGCP & CMS Coordinator 11201 North McKinley Drive Mail Station 7-500 Tampa, FL 33612-6456 Department of Environmental Protection Attn: Lindy McDowell, Environmental Manager Office of Intergovernmental Programs 3900 Commonwealth Boulevard, Mail Station 47 Tallahassee, FL 32399-3000 RE: Transmittal of three (3) Adopted Future Land Use Map Amendments for the City of Clearwater. To whom it may concern: Pursuant to Rule 9J-11.011(5)(a)3 of the Florida Administrative Code, the City of Clearwater is submitting three (3) adopted Future Land Use Map Amendments to the aforementioned organizations. Also, enclosed is a copy of the transmittal letter sent to the Department of Community Affairs. If you need further assistance, please contact Gina Clayton, Long Range Planning Manager at 727-562-4587. Sincerely, Cynthia Tarapani, AICP Director of Planning City of Clearwater • • J City of Clearwater Adopted Local Government Comprehensive Plan Amendment First Submittal 2003 03-01 October 3, 2003 LUZ2002-05004 Bayridge Apartments, LLC Ordinance Number 7001-02 ~~/ ' IERINE DRIVE a __ a: ., _, ~ - , - .. -. 1]I, '-;~i~__;R% :%~:' - ~-m ~ _ • - , ~ , ' ~ n~ . d ~ ~ m ~ - A rE.~ rv i ~ n n .. i - __T'~ --'°~._ v°/ u~1 a ,ry ,_ --• > J - ~ JOHN DRIVE 3T ~~ ,. ; m ~- ~ - - . _ - - ~ : -.., __ _ , . ~ , . ` ` - is -• ~ , ry , ,. , ,' i , , j ~_K ~ t i i - I b1 x - r ( I I ~ ~~, - ~I I ~ 1 __ 1 - - - ~ o - i `. .,a SR 590 s - ~ _ ---- ---- 969 ~ i - I ,~i --- -------- s9o ' J991 r I :bve ,b, 'i ~, - Q 1 da ~6O s "•~ i - ,s9o -- - I ~ ,edB p »o., eie i , , t~s~ y ~~" „ z%, ~~a f ss > ,soa nog ~a9 ~ D b - _----- ~ ~ - ---- ~~ I ~ __- _.. .~ , e -, r~ ~„ ~,,, ~„ ~~ - _ ~9e ,s,e ii ~ ) -- ~ _ --- --- --- _ ~ ~s)1i - - --, ~___------..~ ,sso -- ,6,0 ~~ ! I ~ _ ---~ N. -x , letel 1 ~~^ o .E 8 N ~~ ~ -~____ ~_.= • -J I { k = r' ' ~ Y n ~ y{. n. y- , 1 ~ Y - - `-- 1 1 K ~ - - -_ 1990 ' I! { ~ r-- 1 v u ~" ----- f - ~ „ , =°~-------~-='; ~ " r-'-- ~~~' - -------- y Obi If ~ w~ ___ -- , ~,o~e u ~ ~ , i m,o_ ~~-~-, ~u u - __ d. RH ,~.o , ~ . , ;~ m ,_ ~ , :..a - ,-. -._-- y Y - ~ , ~ ~ i Z - lfoe , ,,, ~ S-~`-4- a -- __--_ ~ , , ,u: , ', 1~'b{, 8 '7to:P - 99 __- ,= - e , V N u , ~ 5 , 9 - - 9 uG - 6 - • 9 - ~ ~ • -- 0 - - 1,B ---- ~- ~ °"e ~74SJ ~ 1t O~~t~- i~Vd~~~ ~s 4A-,-'i ---- - ~ sae , _ . - - --_-_ _-- . / ' i ! ~ ' - m ~- - r - 4 ~• c • . .+ ' , ' - ; 1 , a ° ~ : ~ _ __ ,:. ,s9a ~ ~ .- ' ~ .~~.~ Arne a~~~.~nl , ~6°a. ~ Jn p' A i _____________ , I ~ ewua ~ ~ .- J ~ -..~ ~ ___ ~a -~ , ~- `7as fia . ~ - -_~-tY - ~ - - S16 - ~~ e , 1, -_ ,~, -. _. :, , _;;_., ~,,,", - , _... ~ --- - _ M D' ~± • ~, 9/ ~ , 9~ ~ ~~~, 1 11 b u ~~~~~~~~~~ ., 1• ~ S ~ RR ~,99 i (yaq" ~~ , , 1 .,39+ ~~ ~ iv9 ,J65 ~9e , ~ ~ 13991 1 1 ~..,JJa , 1~~ ~'----, ~ yea ~.. • , • -~ ~ ~ ,563 ; I .1 ~~ , Ma 1 a S99• ~: TQO~i % C -- i ~ ]01.1911 1~ ( . _ 9_P( 11 1 _. __ 1 ~ 39 9 1--- , , I 1 , , I „ ; U( 9 J ~ •'! ~ 191G ~.f~_,: 1388 ,JSp'~ (!9t ~ ~-'~ -- A ^ ` i 9 }~,,,;,~< ,fie ->nJ !-;9>~ ~~+ ~~ R -- - ,>,> ADOPTED FUTURE LAND USE PLAN MAP Owner: Bayridge Apartments, LLC ' Case: LUZ2002-05004 Property Size Site: :3021 SR 590 10.05 (Acres): Zoning La nd Use PIN: 09/29/16/84343/000/0020 From : IRT IL Atlas Page: 274A To: MHDR RH • • ORDINANCE NO. 7001-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF S.R. 590 AND LANDMARK DRIVE, CONSISTING OF LOT 2, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 3021 S.R. 590, FROM INDUSTRIAL LIMITED (IL) TO RESIDENTIAL HIGH (RH); 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 COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category Lot 2, South Oaks Fashion Square, according From: Industrial Limited (IL) To plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas To: Residential High (RH) County, Florida (LUZ 2002-05004) Section 2. The City Commission 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 Appr ed as to form: Leslie K. Dougall-Side Assistant City Attorney August 22, 2002 tember 18, 2003 Bri n . Au s Mayor-CQmmissioner A est: Cy is E:.Goudeau City Jerk Ordinance No. 7001-02 • Legal Description LUZ 2002-05004 • Lot 2, South Oaks Fashion Square, according to plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas County, Florida, together with the interest of the Owner in and to those certain easements as set forth in that certain Agreement by and between Booth Marketplace, Inc., a Florida corporation and McMullen-Booth, Ltd., a Florida limited partnership, dated November 22, 1988, recorded November 28, 1988, in Official Records Book 6884, Page 602, and amended by Amendment to Agreement dated February 9, 1989, recorded March 2, 1989, in Official Records Book 6947, Page 916, all in the Public Records of Pinellas County, Florida. • • LAND USE PLAN MAP OWNERS: Bayridge Apartments LLC SITE: 3021 S.R. 590 ZONING FROM: IRT To: MHDR CASE: LUZ 2002- 0500 PROPERTY SIZE (ACRES): LAND USE pIN: 09-29-16- (IL~ Industrial Limited (RH) Residential High ATLAS 274A PAGE: 10.05 84343-000-002( nrrlinanrc Nn ~nn~_n~ C:oil~prchensive Plan Citizen C:'o~y lnformatio-1 List • Pa~c 1 of 1 Comprehensive Plan Citizen Courtesy Information List Local Government. ~r~~ o Hearing Date: -~ ~ ~ ~ ?~ Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: Please Print Clearly_ (DCA Official Use) By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. • Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response(s) which is of Interest Written Spoken Comment Comment _._ ~ _ ~~ ~ fie. ~, ~ s -~ s /t~~ e -~ ~ Goy r'~~s /~ ,` n,~ ~ m~-~ro ~ . file://S:\Planning%20Departmetit\DCA\Comprehensive%20Plan%20Citizen~%20Coui-tesy... 10/3/2003 City of Clearwater Adopted Local Government Comprehensive Plan Amendment First Submittal 2003 03-01 October 3, 2003 LUZ2002-09010 The Pools at Windward Passage Homeowner's Association Ordinance Number 7056-03 • • _ WATER ~~r "'W~~ RH. ~ ~ ~ Al d ~ ~ R Clearwater s 3~ar6or RH o s b ~~ .fr WATER R/OS ~°~. ~F 'ho'Q' 9~ WATER c'9ts~ ~,9 \® "°"° _"`~ WATER RH fJORY PASSAGE v INS '~~G RM °"° - /~,o~ ~F CG m , ~~ P~~ `~~ 05 z .,~ „° ~ , PIN: 08/29/15/72590/000/0010 08/29/15/72590/000/0020 08/29/15/72590/000/0030 08/29/15/72590/000/0040 08/29/15/72590/000/0050 08/29/15/72590/000/0060 08/29/15/72590/000/0070 08/29/15/72590/000/0080 08/29/15/72590/000/0090 OS/29/15/72590/000/0100 08/29/15/72590/000/0110 ADOPTED FLITLIRE LAND LISE PLAN MAP OWNERS: The Pools At Windward Passage CASE: LUZ 2002-09010 209-229 Windward Passage SITE: 209-229 Windward Passage PROPERTY SIZE (ACRES): 0.87 ZONING LAND USE PIN: See Above FROM: C/IENCOD CG ATLAS PAGE: 2676 TO: MHDR/IENCOD RM S:\PlanninQ Department\C D B\Annexations\Case Maps\LU22002-09010 • • ~_ ORDINANCE NO.7056-03 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 IN THE ISLAND ESTATES NEIGHBORHOOD DISTRICT ON THE SOUTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 1350 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOTS 1- 11, THE POOLS OF WINDWARD PASSAGE, WHOSE POST OFFICE ADDRESS IS 209 - 229 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL 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 COMMISSION 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 That portion of Lots 1-11, The Pools of Windward Passage, Plat Book 118, Pages 63-64, Public Records of Pinellas County, Florida, Lying northerly of the seawall (LUZ 2002-09010) land Use Category From: Commercial General To: Residential Medium Section 2. The City Commission 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 December 5, 2002 Ordinance No. 7056-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved.as to form: r Leslie K. Douga I- id s Assistant City Attorney • ria u Mayor-C missioner Attest: ~_ Cy t is E. Goud_eau ~- Cit Jerk 2 Ordinance No. 7056-03 • • SOWEP °~ ~ ~ ~ ~„ Cleartivater .~Car6or / ~ 'sq ~ M1~ ~~ 'b THIS IS NOT A SURVEY o,~ ~s~ CG - s owe` '~~ ~F G ~~9~ ~~ ~q GSF ~'9Y RH ~O,~NT LpHIN RH ~'~~ SSAGE ~DO~RY PA ~= N ~- ~-- ; 1 --- - 1--- -- - _ ° -- ------- ; ,b r 1M -+ --;;i _, n :_~ : 1 1 1 1 j ~l -1 n M ~ '~~ ~F= ------ - v CG S gg R FLITLIRE LAND LISE PLAN MAP N -A ~- 1 D 50100 200 F{-F~-i 910 W.M. v W:M. 100 __-_ PIN: 08/29/IS/72590/000/0010 ~ 08/29/18/72590/000/0020 08/29/15/72590/000/0030 OS/29/15/72590/000/0040 08/29/15/72590/000/0050 08/29/15/72590/000/0060 ~, oa/z9/ISnzs9o/aoo/oo70 ~ OS/29/IS/72590/000/0080 08/29/15/72590/000/0090 08/29/IS/72590/000/0100 08/29/IS/72590/000/O1t0 OWNERS: The Pools At Windward Passage CASE: LUZ 2002-09010 209-229 Windward Passage SITE: 209-229 Windward Passage PROPERTY SIZE (ACRES): 0.87 ZONING LAND USE piN: See Above FROM: C/IENCOD CG ATLAS PAGE: 2676 TO: MHDR/IENCOD RM Comprehensive Plan Citizen C~esy Information List S Page 1 of 1 Comprehensive Plan Citizen Courtesy Information List Local Government: ~~ ~J Hearing Date: ~.2 r~. ~ ~ Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of rhP Nntice c,f intent by the Department of Community Affairs. • Check Citizen Name Address, City, State, Zip Code Appropriate Response(s) Identify Amendment which is of Interest ~ ~- Written Spoken Comment Comment 11 ,,~ C~ ~ ~ s ~ s ~~ e ~ ~ Cow, ~-~e s /v Idle:%%S:~ I'lai~nin~"~o?ODepartment'~DC'f~`.C'«n~~E~reltcr~sivc° ~~?OPlan°~o?~)Cit~iie.n"o2l)Courtes}'... I U~`12U0 • City of Clearwater Adopted Local Government Comprehensive Plan Amendment First Submittal 2003 03-01 October 3, 2003 LUZ2002-11011 High and Dry Marina, Inc. Ordinance Number 7088-03 a ,~ RH~ d ~A s, Cleartivater ~ s ., ~-far6or '~ '~ w° ~~ `~ ~~ H v RH r. ~ g° ~ N N` K ~~ am >a s° rm j°° RH m pOR`~ PASSAGE "'"" ; RH WATER -~ Y C R INS p°° a ~ `~G oty RM P93S m u. A ~R ~A ~ qss a 4 ~ ~ ~ i R/OS `° ~~ ~F CG o ,~ ~q t c WATER qG sF ~~ r. ~ '9 ~ y ~O rror ro sw.e ~~ O~ WATER ADOPTED FUTURE LAND USE PLAN MAP Owner: :High and Dry Marina, Inc Case: LUZ2002-11011 Site: 202 Windward Passgae Property Size (Acres): 1 83 Zoning Land Use From : C CG PIN: : 08/29/15/43380/004/0090 To: HDR RH Atlas Page: 2678 ~i~1; f. ORDINANCE N0.7088-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); 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 COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use Clearwater is amended by designating property as follows: Property See attached legal description (LUZ2002-11011) plan element of the comprehensive plan of the City of the land use category for the hereinafter described Land Use Category From: Commercial General (CG) To: Residential High (RH) Section 2. The City Commission 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 February 20, 2003 Ordinance No. 7088-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney • Septem gr 18. 2003 Bri n . Aun Mayor-Com issioner Attest: Cyn is E. Goudeau City lerk _ 2 Ordinance No. 7088-03 • ., o 0 h~° M1 h 360 354 8 ry ry0 h 34 ry°5 ti P ry~ N a a ~ N N h T R OLpHIAI P p N RH DORY Pte: ~9b °ry ?oo , a :~ _: N M1 M1 `~ ti ~ ry ~ ry ` 1 " ' ~ lNS ,` M1 ti ti M1 M1 M1 M1 ~'° RM CG ~~~ ~y WATER o~ THIS IS NOT A SURVEY! '1°~ -7ipO rye' Asc Py ry S~ <S S aA 6~ M1 FUTURE LAND USE MAP Owner: ~ High and Dry Marina, Inc Case: LUZ2002-1 1 01 1 Site: 202 Windward Passgae Property Size (Acres): :1.83 Zonin Land Use PIN: ~ :08/29/15/43380/004/0090 From : C CG _ To: HDR RH Atlas Page: 2678 Ordinance No. 7088-03 • • ;GAL t7~.S~,RIPTJON UPLANDS: A PORTION OF. LOT 9 AND AL1 OF LGTS 10, 11, i2, AND 13, BLOCK .D, UNIT S, ISLAND .ESTATES .f~F .CLEARWATER, TOGETHER WITH A PORTION OF VACATED 'DORY PASSAGE AS RECORDED ..)N :PEAT=800K .~.~1; PAGE" 34, PUBLIC RECORDS OF PI~IELLAS COUNTY, .FLORiDA,~T3EING 1v10RE FULLY ~DESCRIBED~ .AS FOLLOWS BEOiNN1AJG ..AT_ ~ii-IE~ SOUS-iEAST -CORNER OF S~4tD. LOT 12; THEP~CE ~1V49'23'~7 "W ALONG THE NORTHERLY RIGHT :.OF..-WAY~~ LfNE OF WtNDWAi~D P~aSSAGE, ~1.:DISTAI~ICE ~Or 32QQ0 :FEET TO -THE~:POINT. OF ~RVA7URE OF',A CURVE TO THE.'I~IGHT;' ~IENCE ALONG SAID ClJR1XE. 'HAi/1N1;~:,4..=RADILiS, 0E SO;:DO ;FFE't';.,CHORD X1:62 ~F.EET gE~#RIMG N3D'S7'41"W, 'A DISTANCE a_ F'-32.'I~ ~ET=?D:_A ~POINT`.OF REVERSE ~CtJR1rE;_~ T}{ENCE AL'OIVG ~A CURVE TO-~ T1~E;;LEFT :HA~9NG;.A :~RADIt1S OF~ 50.00 fEET,° CHORD OF .7.3.14 FEET BEARING - ' N593~i'~6'iM1f; A.-.~DISTANCt= ~OF.~-82.03.'FEET; - ~Tt~FEN.CE, .:LEAVING SA3D LINE,-.1N,1.631''22"W A ~.D1ST:ANCE •QF"120.D0.~-FEET- 7'D..`:THE flO1NT OF.=CURd,A~IRE OF ~A -1VON-T~4NGENT CURVE; •THENCE~AL~NtG:S~41D ~CURYE::~D"iNE -R1GNT •:HAV'1N1;~:A F1`~-DlUS .~ :17D.t3,0:'FEET, A CHORD OF 1G2;~::FEET..:$EARItdG S7.7'S7'31'iy ~1..biSTi~NCE DF°::Tb'9.5D FEET.:.TO. A PC11NT OF . ~TANGEi~C1~:-:..~ THEAiCE:;;S4923'~1.'•F; :-~ A -:f~lS?ANCJ= ' ~F, 180:fl0 FEET TO' THE ~ POINT. BUR VA?URE -OF.ia-:~L11E':,~C~r°THE L:1~'T; :"'T~E~1CE,-:~At:L~fG'=SAID CUR37E. tiAVIN~s.,A"~'tAD1US"..DF~ =70.D0 FEET A •CHQRD~.:{~F'.; 7+4:&fi: FEET -HEA~2ING. 581'~2'22~,. 14. DISTR-NCE,-OF.78:-9fi :FEET TO-. A .JOINT, . 'SAID::~POiI~IT-BEIAIG. ?HE~ SOUTRUIL:Y'CCORRNER .:OF "Ff_~f-A~ -tY a/lLLAGE'• ON' lSLANL.~-ESTATES AS REDtJRDED_:.~'".PLi4~' ~$OOK~~:35. PACE -12, PUBLIC'.RECORDS ,OF PINELL'AS COUNTY, FLORID, `THEIVGE=:~~VG~=7HE.-SDU?HERLY -UAIE OF SAID NILLAGE~~ON~ ISLAND ESTATES, THE ~.~FOLLOWINC -. - ~ .. THREE : ~3) ;CC>URSES .:::.. ~' ~ : - . - . - 1: S49'23'4y':E;: A DISTAia1CF -OF~ i 36:7& ~ FEET; ~. - • ~ . 2.. ~ 5D8'12'32'~E.~ -A DISTANCE ' OF 81:OS.FEET; 'AND ' 3. ' S~tY36'1~9"1N; A DISTANCE`-flF ~106_b'2 `FEET TO~ A POINT ON THE NORTHERLY _RIGHT-DF:: WAY :UNE OF THE AFflRE1~AENITONED ~YiiNDWARD PASSAGE; ~ ~ . THENCE- ALONG SAID~~LINE N4924'09'~W; A DISTANCE .OF .fi1.00.. FEET; THENCE S4036'79'W;~: A flISTAi~iCE OF 20:00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.838' ACRES OR 80,D78 SQUARE FEET MORE OR LESS. Comprehensive Plan Citiz®ourtesy Information List Page 1 of,l Comprehensive Plan Citizen Courtesy Information List '~ Local Government: Cl Hearing Date: , p~.~ r~ ~je ~ / 2~-b 3 Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. e Check Citizen Address, City, Appropriate Identify Amendment 'i Name State, Zip Code Response(s) which is of Interest Written Spoken Comment Comment 1 d 1 ~ Vr C S'1' S ~~ ~ ~f(J ~ ~C.t ~~c S t / ~ l file://S :\Planning%20Department\DCA\Comprehensive%20Plan%20Citizen%20Courtesy... 10/3/2003 .~ ~T"E ~M~~,~`. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAI RS "Dedicated to making Florida a better place to call home" JEB BUSH Governor Ms. Cynthia Tarapani, AICP Director of Planning City of Clearwater 100 S. Myrtle Avenue Clearwater. Florida 33758-4748 RE: Clearwater 03-1 Dear Ms. Tarapani: COLLEEN CASTILLE Secretary o-1a ,..: July 19, 2003 ~:~~ ~..~ d .w, u~y~ ;R~ .fV~~ ~ ti 4.~.~41~ PLANNING ®FPARTMENT ~~TY OF CLEARWATER The Department has completed its review of the proposed Comprehensive Plan amendment for the City of Clearwater (03-1), which was received on May 16, 2003. Copies of the proposed amendment have been distributed to appropriate state, regional, and local agencies for review and the comments received from those agencies are enclosed. The Department has reviewed the proposed amendment for consistency with Rule 9J-5, Florida Administrative Code (F.A.C.), Chapter 163, Part II, Florida Statues and the adopted City of Clearwater Comprehensive Plan. The Department raises no objection to"the proposed amendments as provided and this letter serves as the Department's Objections, Recommendations and Comment Report. In order to expedite the Regional Planning Council's review of the amendment and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Tampa Bay Regional Planning Council. Please contact Marina Pennington, Regional Planning Administrator, at (850) 922-1809, or Mark Neuse, Planner, at (850) 922-1798, if we can be of further assistance to you. Sincerely yours, Enc: Agency Comments Charles Gauthier, AICP Acting Director Division of Community Planning cc: Mr. Gerald Smelt, TBRPC 2555 SHUMARD OAK BOULEVARD TALLAHA"SSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 330502227 Boulevard Tallahassee, FL 323992100 Tallahassee, FL 323992100 (305) 2892402 Tallahassee, FL 323992100 (g50) 4139969 (850) 4887956 (850) 4882356 .` • • TRANSMITTAL PROCEDURES The process for adoption of local comprehensive plan amendments is outlined in Section 163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the Regional Planning Council's review of the amendment, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Tampa Bay Regional Planning Council. Please be advised that the Florida legislature amended Section 163.3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan amendment. An Equal Opportunity Employer Thomas G. Dabney, II Chair, Sarasota Watson L. Haynes, II Vice Chair, Pinellas Janet D. Kovaeh Secretary, Hillsborough Maggie N. Dominguez Treasurer, Hillsborough Edward W. Chance Manatee Ronnie E. Duncan Pinellas Pamela L. Fentress Highlands Ronald C. Johnson Polk Heidi B. McCrea Hillsborough T. G. "Jerry" Rice Pasco Judith C. Whitehead Hernando David L. Moore Executive Director Gene A. Heath Assistant Executive Director William 5. Bilenky General Counsel Soutl~est Florida Water Management Distract _ , ,' Tampa Se Ice~Office {- 7601 Highway 301 North Tampa, Florida 33637-6759 (813) 985-7481 or 1-800-836-0797 (FL only) SUNCOM 578-2070 Bartow Service Office 170 Century Boulevard Bartow, Florida 33830-7700 (863) 534-1448 or 1-800-492-7862 (FL only) SUNCOM 572-6200 June 2, 2003 D. Ray Eubanks Bureau of State Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 2379 Broa~et, Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Sarasota Service Office 6750 Fruitville Road Sarasota, Florida 34240-9711 (941) 377-3722 or 1-804320-3503 (FL only) SUNCOM 531-6900 Lecanto Service Office 3600 West Sovereign Path Suite 226 Lecanto, Florida 34461-8070 (352) 527-8131 SUNCOM 667-3271 Subject: Clearwater Proposed Comprehensive Plan Amendment DCA Reference # 03-1 Dear Mr. Eubanks: In accordance with Chapter 163, Florida Statutes, the staff of the Southwest Florida Water Management District has reviewed the above-referenced .plan amendments and has no comment at this time. The District appreciates the opportunity to participate in the review of comprehensive plan amendments. If you have any questions or if I can be of further assistance, please contact me in the District's Planning Department at extension 4423. Sincer ly/~/~ _.----- son M. Mickel ~ ~ ~ ~ ~ ~ ~ ~ n Planner 2 ~ ' ;.. , `~~ OEP7.OF COl~1h9. ~~ F~,I'~/DCP Protecting Y~ Water Resotarces ~ . "'~ ~r A~ ~~~ °F ~ =_ ~~ ..... •~Cpp WE ~~ FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF HISTORICAL RESOURCES June 6, 2003 Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Historic Preservation Review of the City of Clearwater (03-1) Comprehensive Plan Amendment Request (Received by DHR on 05/23/03) -~~ 6i9~° 3 Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the above document to decide if data regarding historic resources have been given sufficient consideration in the request to amend the Clearwater Comprehensive Plan. We reviewed three proposed changes to the Future Land Use Map, two of which merely reflect existing conditions, to consider the potential effects of these actions on historic. resources. While our cursory review suggests that the proposed changes may have no adverse effects on historic resources, it is the city's responsibility to ensure that the proposed revisions will not have an adverse effect on significant archaeological or historic resources in Clearwater. If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at (850) 245-6333. Sincerely, .,....sue--~ P. G or..~, ~'~•~- ~u~ eao ~ ~ts `o<<c ~reSetJa~~ o~n Janet Snyder Matthews, Ph.D., Director 500 S. Bronough Street Tallahassee, FL 32399-0250 http://www.flheritage.com O Director's Office O Archaeological Research Historic Preservation O Historical Museums (850) 245-6300 • FAX: 245-6435 (850) 245-6444 • FAX: 245-6436 (850) 245-6333 • FAX: 245-6437 (850) 245-6400 • FAX: 245-6433 O Palm Beach Regional Office O St. Augustine Regional Office O Tampa Regional Office (561) 279-1475 • FAX: 279-1476 (904) 825-5045 • FAX: 825-5044 (813) 272-3843 • FAX: 272-2340 <.~ Florida Department o f Transportation 11201 N. McKinley Drive • Tampa, FL 33612-6456 • Phone X813) 975-6000 • 1-800-226-7220 GOVERNOR JEB BUSH R~CEfVED June 9, 2003 ~~~~ 1 1 2003 PANNING DEPARTMENT Mr. Charles Gauthier, AICP CITY OF CLEARWgTER Chief, Office of Comprehensive Planning pivision of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: City of Clearwater Proposed Comprehensive Plan Amendment 03-1 Dear Mr. Gauthier: JOSE ABREU SECRETARY The Department has conducted a review of the above referenced document in accordance with the provisions of Chapter 93-206, Laws of Florida; Chapter 9J-5, Florida Administrative Code, and the Department's Review Guidelines for Local Government Comprehensive Plans. We do not expect the proposed amendment to have an adverse impact on the Florida Intrastate Highway System, or a significant impact on the Florida.Transportation System. However, we offer the following comment regarding Case No. LUZ2002-11011, that would amend the land use on 1.83 acres owned by high and Dry Marina, Inc. This amendment would change the Future Land Use Map (PLUM) designation of the High and Dry Marina parcel from Commercial General to Residential High (30 units per acre). Case No. LUZ2002-11011 would allow an increase of eleven residential dwelling units (DU) within the coastal high hazard area (CHHA) mandatory evacuation zone.' We are concerned about the cumulative effect of relatively small residential density increases within the CHHA upon evacuation routes. We understand that barrier island communities may "offset" proposed residential density increases on one parcel by removing residential density potential from other parcel(s) within the CHHA through comprehensive plan amendments. The City indicates they have offset seven DU of the eleven DU increase, leaving four DU that need to be offset. The City should have a system in place to record and track data on adopted FLUM amendments that increase or decrease residential densities on parcels within the CHHA. Data from the system could be updated and included in the supporting data and analysis for proposed FLUM amendments to increase residential density in the CHHA. The system would ensure that no net increase to residential density occurs within the CHHA over time. www. d ot. state.fl. u s ®RECYCLED PAPER ~~ • Mr. Charles Gauthier June 9, 2003 Page Two Should the application vary upon a future re-submittal, we would request the opportunity to review it. The Department appreciates the opportunity to review and comment on the proposed Amendment. If you have any questions, please call me at SunCom 512-7801, or (813) 975-6444. Yours Truly, ~~e, . Carol M. Collins LGCP and CMS Coordinator cc: Bob Romig, Director of Policy Planning, FDOT Cynthia Tarapani, AICP, Director of Planning, City of Clearwater Gina Clayton, Long Range Planning Manager, City of Clearwater U:\Pinellas\Clearwater 03-l.orc.doc rrr: rTIrF ~, -~~ 'M1 ..l~s' ~~ . STATE OF FLORIDA DEPARTMENT OF CC;MMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JE$ BUSH COLLEEN CASTILLE ~~ ~'~ Secretary Governor May 21, 2©03 Ms. Cynthia Tarapani, Director :.City of Clearwater Planning Department Post Office Box 4748 Municipal Services Building 1.00 South Myrtle Avenue Clearwater, Florida 33758-4748 MIRY 2 3 2D~~3 PLANNING ~~RVVATER~ CITY OF C Dear Ms. Tarapani: Thank you for submitting your proposed comprehensive plan amendments for our review. Our reference number for this amendment package is City of Clearwater 03-1. We have conducted an inventory of the plan amendment package to verify the inclusion of all required materials. The submission package appears to be complete, and your proposed plan amendment will be reviewed pursuant to Chapter 163, Florida Statutes.: Once the review is underway, you maybe asked to provide additional supporting documentation by the review team to ensure a thorough review. The Department's .ORC report will be mailed to you on or about Julv 19, 2003. Please be advised that Section 163.3184(8)(c),Fbrida Statutes, requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement; local governments are required by law to furnish the - names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event no names, addresses are provided, please provide this information as well. For efficiency, we encourage that the information sheet be provided in electronic format. Ifyou have any questions please contact Marina Pennington, Regional Planning Administrator, that will be overseeing the review of the amendments, at (850) 487-4545. Sincerely, D. Ray Eubanks, Administrator: Plan Review and Processing DRE/af 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/5uncom 278.8466 FAX: 850.921.0781/5uncom 291.0781 Internet address: http•//www dca.state.il.us CRITICAL STATE CONCERN FIELD OFFICE COh1A1UNITY PLANNING ~ EMERGENCY AIANAGEAIENT HOUSING & COhth1UNITY DEVELOPMENT .2796 Overscai Highway, Suite 212 2555 Shumard Oak Ooulevard ~ 2555 Shumartl Oak Ooulevard 2555 Shumard Oak Boulevard Marathon, FL 33050.2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 ~~~~ Tampa 8ay,7Leglonal Plann/ng Council Chair Vice-Chair Secretary/'IYeasurer Executive Director Commissioner Barbara Sheen Todd Commissioner Steve Simon Commissioner Jane von Hahmann Manny L. Pumariega May 30, 2003 RECEIVED Ms. Cynthia Tarapani, Director ~~~ ~) ~~ j~ J~ City of Clearwater Planning Department P.O. Box 4748 PLANNING DEPARTMENT Clearwater, FL 33758-4748 CIN OF CLEARWATER Dear Ms. Tarapani: Enclosed is a copy of the Council's review of City of Clearwater's first proposed amendment of 2003. The report will be an agenda item for Council consideration at the Monday, June 9, 2003, Council meeting, which will begin at 10:00 a.m. Please do not hesitate to contact me if more information or clarification concerning the contents of the report is needed. Sincerely, g~~ ~-°-~ H. Gerald Smelt, AICP Governmental Services Coordinator Enclosure 9455 Koger Boulevard, Suite 219, St. Petersburg, FL 33702-2491 Phone (727) 570-5151 FAX (727) 570-51 18 State Number 513-5066 www.tbrpc.org c, • _,T., Tampa 8ay,7Leg/anal P/mm/ng Counc/1 • Agenda Item #3.H.1 06/09/03 LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AMENDMENT REPORT CITY OF CLEARWATER DCA #03-i PURSUANT TO SECTION 163.3184(6)(a), FLORIDA STATUTES, IT IS REQUESTED THAT DCA NOT/REVIEW THE PROPOSED AMENDMENTS. .4i1'IENDMENT #LUZ2002-(1005 -Future Land Use R~1ap Baybridge Apartments From Category: Industrial Limited (IL) Rezone: Industrial, Research, Technology (IRT) To Category: Residential High (RH) Rezone: Medium High Density Residential (MHDR) Size 10.05 acres Location Generally located on the south side of State Road 590, a roximately 725 feet wet of McMullen Booth Road. Ezistin Use Multi-family residential Pro osed Use Multi-family residential Adjacent Designations North: Residential Medium (RM); Residential/Office Limited South: Industrial Limited (IL) East: Industrial Limited (IL) West: Residential Medium (RM) Adjacent Uses North: Retail/Single-family residential South: Warehouse/Open Space East: Retail West: Multi-family residential For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • • Regionally Significant Yes, due to the property's location in relation to McMullen Booth Road, and the increase in trips per day as a result of the change in designation, would likely impact McMullen Booth Road, which is considered a Regionally Significant Roadway. Result in eztra- No. 'urisdictional im acts? Impact regional Yes. facilities/ resources? Re Tonal Comments No. Applicable SRPP Affordable Housing - 1.3.7; Economic Development - 2.3.1 Policies Regional Transportation - 5.1.6, 5.1.12 Consistent with SRPP Yes. e- ~ s -i r x ~ q - .~ -K• ii ~ s ~ ~ 7 S _ .. 1 _.~ .~ a. i :;; w; ' ~ ~ CI oT. JOHN DRIV # { $ - , R edD - ~ .,. ` FNS , M ' ,fC/OL • I ' ~l ' ~ r~ l " .. x r E SR 590 w.r. t,..(, ,,, ~ ~$' y, L...J ~ ~ ~ a" -.rte __ a. i i ..» t ~' M ~iq Bib 7+~~ ~Yi; r ~ ~~~ \3 - ` ~ 7 ~ © - - ' `~'1 t7,3 s.r.I7Ttbx. ~~'4~''. ~c~{-i.. ~ ~ .i RH _.~ t ~ ~L ~ ~ .. ,y mj Z , ~~. . p . r i w: 7k ,'~~~ :,,~ ~ +e1 bi 1°.,' ~ ~ ~ µ aa"p s .e 7~7 ..... ~; - ~; RM .~. -`t"z 6,;, .. ltft + , ter .~ M, ...x., ' n.; w, ~' k k. -- -4L. » ~ . ~? ~!` 0 1 ,, -r"t ~' '"' _ Rl~ A I PROPOSED FUTURE LAND USE PLAN MAP Owner: jBayritlge~Apartmenis, LLC Site: ;3027 SR 590 Zoning Land Use From : IRT IL To: MHDR RH Case: LUZ2002-05004 Properfy Size 70.05 (ACreS~: PIN: 09/29/16/84343/D00/0020 ABasPage: 274A For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 AME'~DMENT # LUZ2002-09Q 10 -~ Future Land Use ?V1ap The Pools lat Windward Passage From Designation: Commercial General (CG) Rezone from: Commercial/Island Estate Neighborhood Conversation Overlay District (C/IENCOD) To Designation: Residential Medium (RM) Rezone: Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) Size 0.87 acres Location, Generally located on the south side of Windward Passage, approximately 450 feet north of Memorial Causeway. Existin Use Eleven fee-simple townhomes Pro osed Use Eleven fee-simple townhomes Adjacent Designations North: Residential Medium (RM) South: East: Residential Medium (RM) West: Adjacent Uses North: Marina South: Water East: Marina West: Park Re ionall Si nifieant Yes, due to location in the Coastal High Hazard Area Result in eztra- No. 'urisdictional im acts? Impact regional No. facilities/ resources? Regional Comments FLUM and Zoning amendment is only to bring a legal, non-conforming structure into compliance with the City's Community Development code and continue the current use. • Amendment will reduce the maximum permitted level of residential population in the CHHA. Applicable SRPP Emergency Preparedness - 3.4.22 Policies Consistent with SRPP Yes. For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • • ~g ~~eGtY1NGGtEY 5 .~CGlY60Y f , ~• y RH Y 'e ~. ~.c RH WATER DORY PASSAGS INS RM '~G ti ~. O~ RM 65 E ~ '9 ,vt ~..~ ,/ ~S.e A RH WATER ' '9 GSF.. ' ~ ~~ ~i ~ ~ PIN: OA/29l IS/7..590/000f00,0 OA/29/1S/72590l000/0010 08/29l1$f72390/000/OOAO- A ., ~~ ~ 0 - ~ OB/2Y/IS/72590/000/0090 08/19/IS/'/2590/000/0050 'A ~~ ~-. ~~ ~(1 . OB/Z9/IS172590/000/0060 OA/19/15/72590/000/007D 08/29/15/72590/00070080 08/29/15/72590/000/0090 xnr-\ YY d1TER ~ DA;29; IS,72590,DOO;D100 08/29/15/72590/00010110 PROPOSED FL~TLI.RE :LAND L:ISE PI.~-1N SAP OWNER/S: The Pools At Windward Passage EASE: LUZ2002-09010 209-229 Windward Passage. SITE: 209-229 Windward Passage PROPERTY SIZE jACRES): 0:87 ZONING LAND USE pIN: See Above FROM: C/IENCOD CG ATLAS PAGE: 2678 TO: MHDR/IENCOD RM S:\PlavninoDenirrmrnt)C DH\Ann.~.Urma~CmcManslt.lI"L2002.09010 For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • • I CCearwater 3far6or o`' ~~~ .~ ~ar~ ~ ~~ I CCearwater 3'Car6or ~~~0 ~~~. 4 ~,, cgGS «o~-~ro +eue- +h~\ _v ~~~ ~~ ~` ,; .~• ~ ~s' enti q- T' 7D' Z A ~ O~ C , ~ Multi- ~ ~ ~~~ fly Residential _~---- PArSSACE_ ~,.~ , DORY ~! /l ~ ` I o{ ! 1 .ao 4~0~5~;.'4' j i 1 __._ ~ ` ' ~ ';„Retail 1 t ~ ,~ e ,. ~Ll ~'~Q esrp+P I,, l ~1~ ~ A9s O~~ar ~sqC~ ~, / Q~ PINT 08/29AS/72590/DUD/0010 OB/29/75772590/000/0020 ~ a 08/29/IS/72590/000/0030 ~ `~ ~7Y OR/29/15/7T39D/000/0040 / / 5 & 08 29 73/ 2590/000/0050 08/29/t 5/77590/0(10/OObD OS/29/i5/72590/000/0070 ~ • OR/29/IS/71590/U00/WSO 08/29/15172590/000/0090 .. ~~ ~' / O8/29/15/72590/000/OIW 08/29/IS/7TS90l000/0110 EXISTING SURROLI1Vl3:ING LAND LISE MAP ~WNER/S: The Pools At Windward. Passage 209-229 Windward Passage CASE: LUZ 2002-09010 SITE:. 209-229 Windward` Passage. PROPERTY SIZE (ACRES.): 0.87 ZONING. LAND-USE- pIN: See Above FROM: C/IENCOD CG ATLAS PAGE: 2678 TO: MHDR/IENCOD RM Si\Pivmine Deanrmirnt\C:D 8\Antrcxationa\C.asc Mara\[:021002-119010 For Council meeting of June 9, 2003 .Report prepared by: Jessica White, Ext. 288 • • AN1EM)1~~1ENT # LUZ2002-11011 -Future Land Use Map High anti Dry Marina, Inc. From FLUM: Commercial General (CG) Rezoning: Commercial District (C) To FLUM:. Residential High (RH) Rezoning: High Density Residential (HDR) Size 1.83 acres Location Approx. 500 feet north of Memorial Causeway and 920 feet west of Island Way Existin Use Dry storage marina facility Pro osed Use Multi-family residential Adjacent Designations North: Residential High (RH) South: Commercial General (CG) East: Residential Medium (RM) West: Commercial General (CG) Adjacent Uses North: Clearwater Harbor South: Multi-family residential East: Multi-family residential West: Marina Re ionall Si nificant Yes, because it is located within the CHHA Result in extra- No. 'urisdictional im acts? Impact regional No. facilities/ resources? Regional Comments By reducing the permitted density of two neighboring properties, it has offset the increase in density caused by this amendment. Applicable SRPP Affordable Housing (1.4.4.) Policies Economic Development (2.3.3) Consistent with SRPP Yes. For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • • RH. - F ~. , Ctear~water - s , .~-Carbor r r ~~ v RH z ~„c a RH pO4tY passAG~ .... : RH WATER qro 3. C R p~ 1~~ ~~ F o~ RM ,,, _ q~ oA F R tr sq _ ;' a s ~/ PL Q^3 «~a ~ . ~1~ ~+ CG ~~ 9~q c ~, WATER 9GS . ; ---~: P~" ~ WATER PROPOS~i4 ~dJTURE LANiD-US€ PLAn1 MAP _ . Owner: ~ High and Dry Marina. Inc ! Case: LUZ2002-11011 j Site: ~ 202 Windward Passgae Property Size i 1'83 {,Acres}: Zonin Land Use From : C GG ~ PIN: ! 08/29/15/43380/004J0090 To: ND.R RH Atlas Page; 2678 For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • • o O ri n' - n^' roe .350 35a . a9 h h ~~ Aa H n ` .7-1 ti" "C pOLPHIRE PT StU.2 tLtC ^ :7-2u1ti: fam ty R.esidentia Y PAGE p~R iy rim ~ uGti fa ily ~ ~+ e Resident , t b marina o Park ~,~,ry,~ ~ clit°y b ry~ryry~~ IrtstrtuttonaE -~ M1 ro~~ ti -a y /~f _ ryp0 4~ "Q.Q ~~~ ~A S ~ : F 9-%tuGti firm'. ~r ro ~1~ta , ~~~'~~~ TNiS:1S~NDT ASURVEYI y, 9 A5 M1 hb ry `~,.4 or ,209: ryp9 M1b Ex~srin~~ suRROU~viflrN~ usEs Owner: '~ High and Dry Marina,. lnc. Case; ~ LUZ2002-1 TOl 1 Site: 202 Windward Passgae Property Size (Acres): ' .1.83 - Proper#y Zoning Land'Use PiN: ` 08/29/151433801004/0090 From : C GG To: HDR i2H Atlas Page: 267.8 For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 ~ • ~~ ~--- Tampa BayRegtonal Ylanutng CouncO Council Agenda www.tbrpc.org 9455 Koger Blvd., Suite 219, St. Petersburg, FL 33702 June 9, 2003 Phone (727) 570-5151 Suncom 513-5066 FAX (727) 570-5118 10:00 a.m. *** THIS MEETING IS OPEN TO THE PUBLIC *** Call to Order Invocation and Pledge Roll Call Voting Conflict Report Chair Todd Reverend James T. Golden Recording Secretary Recording Secretary Approval of Minutes Sec/Treasurer von Hahmann Approve minutes from the May 12`h, 2003 regular meeting. (report attached). Staff contact: Lori Denman, ext. 213. Email: Lori@tbrpc.org 2. Budget Committee Sec/Treasurer von Hahmann Approve Financial report for the period ending 4/30/03. (report attached). Staff contact: John Jacobsen, ext. 214.. Email: johnj @tbrpc.org 3. Consent Agenda Chair Todd A. Budget and Contractual 1. Approve award of site completion contract, as specified by Northside Engineering, for the Gateway Centre office building. Recommended Action: Accept the contractor rankings listed herein, and authorize the Chair to negotiate and enter into a site completion contract with the top responsive bidder: 1. Caladesi Construction Co. $235,192 2. McGeehan Construction Co. $241,275 3. Basic Construction $234,017 Staff contact: Gary Sepsi, ext. 219. Email: gary@tbrpc.org. 2. Council has received a request from Manatee County to provide technical assistance in the revision of their Local Mitigation Strategy (LMS). The LMS provides a county-wide blueprint for hazard mitigation efforts and defines a strategy toward a more hazard resilient community. The LMS is now required of all local governments by the Federal Emergency Management Agency (FEMA) as a prerequisite for federal pre- and post-disaster mitigation funds. The project will address any deficits in the County LMS with regard to the new federal guidelines. Recommended Action: Authorization for the Chair to sign the agreement with the County and/or the Department of Community Affairs to revise the Manatee County Local Mitigation Strategy. Staff contact: Betti Johnson, ext. 242. Email: betti@tbrpc.org. B. Intercovernmental Coordination & Review (IC&R) Program 14. Accept and File Report -Reports Attached: May Summar,~Le end, IC&R Databases by Type: Environmental, Grants, F.lotida State Cleariurhouse. -1- ~„ ., • Staff contact: Angela Hurley, ext. 257. Email: angela@tbrpc.org C. DRI Development Order Reports (DOR) -None Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org D. DRI Development Order Amendment Reports (DOAR) 1. DRI # 99 -Harbour Watch/Riverside Landing (Abandonment), City of Tarpon Springs (report attached).. 2. DRI #105 -Sunforest, Hillsborough County (report attached). 3. DRI #130 -Cypress Banks, Manatee County (.report attached). .Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org E. Notice of Proposed Change (NOPC) Reports -None Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org F. Annual Report Summaries (ARS) 1. DRI # 84 - Westchase, RY 2001-02, Hillsborough County (report attached). 2. DRI # 93 -Florida Corporate Center, Rys 1999-2001, Hillsborough County (report attached). 3. DRI # 105 -Sunforest, RY 2002-03, Hillsborough County (report attached). 4. DRI # 119 -Northwood, RY 2001-02, Pasco County (report attached). 5. DRI # 123 -Bay Area Outlet Mall, RY 2002-03, City of Largo (report attached). Recommended Action: Approve staff reports. Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org G. DRI Status Report Information Only. (report attached). Staff contact: John Meyer, ext. 255. Email: johnm@tbrpc.org H. Local Government Comprehensive Plan Amendments Reviewed 5. DCA # 03-1, City of Clearwater (report attached). 6. DCA # 03-1, Pasco County (resort attached)_ 7. DCA # 03-1, City of Oldsmar (report attached). Recommended Action: Approve staff reports. Staff contact: Jessica White, ext. 288. Email: jessica@tbrpc.org 4. Item(s) Removed from Consent Agenda, Addendum Item(s) or Any Other Item Requiring Council Discussion Council members should notify Chairman of any items they wish to be pulled from the Consent Agenda. These items will be discussed and voted on separately after the remainder of the consent agenda is approved. 5. Review Item(s) for Discussion -None -2- • ~:~ 6. Brownfields 101... Sustainability in the Sunshine Mr. Charles Ray, Economic Development Coordinator for the City of St. Petersburg and Mr. Miles Ballogg, TBE Group, will provide an overview regarding the topic of Brownfields in the state of Florida and within our Tampa Bay region. Mr. Ray will provide basic background information on Brownfields, followed by Mr. Ballogg who will share various Brownfields successes within the state and region. Staff Contact:. Wren McAllister, ext. 221. Email: wren@tbrpc.org 7. Council Members' Comments -Chair Todd Program Reports A. Agency on Bay Management (ABM) -Mayor Mary Maloof, Chair The Agency's Natural Resources/Environmental Impact Review Committee will meet on June 12`h. The primary topic will be the Palm River/McKay Bay. Past, Present and Future. Staff contact: Suzanne Cooper, ext. 240. Email: suzanne@tbrpc.org B. Clearinghouse Review Committee (CRC) -Commissioner Steve Simon, Chair The Clearinghouse Review Committee met on May 19, 2003. The Committee approved the Pre-Application Conference report for DRI #255 -Bexley Ranch, Pasco County. Development of Regional Impact approval is sought fora 6,872± acre, predominately residential, development in south central Pasco County. Upon completion, the project would consist of more than 8,000 residential units, 400,000 sq. ft. of commercial space and 250,000 sq. ft. of office space. The Committee approved DRI Annual Report Summaries for Summerfield Crossings, University Commons, Gateway Areawide, and Big Bend Transfer Company. Also approved were the Ten-Year Plans for Progress Energy Florida ,Florida Light & Power Company, and Tampa Electric Company. Staff Contact: Avera Wynne, ext. 215. Email: avera@tbrpc.org C. Local Emergency Planning Committee (LEPC) The Tampa Bay Local Emergency Planning Committee, District VIII, met on May 28, 2003. A recap of the meeting is attached. Staff will provide an oral recap of other significant LEPC activities. Additional Material: LEPC Meeting Recap, May 28, 2003 (.report attached). Staff Contact: Bill Lofgren, ext. 248. Email: bill@tbrpc.org D. Emergenc,~Mana eg ment - No Report. Staff Contact: Betti Johnson, ext. 242. Email: betti@tbrpc.org E. Legislative Committee -Commissioner Deborah Kynes, Chair -3- ,w • • The Legislative Committee Chair will give a legislative report. Staff contact: Wren McAllister, ext. 221. Email: wren@tbrpc.org F. Regional Planning Advisory Committee (RPAC) The RPAC is scheduled to meet Friday, June 6`h. Items on the agenda include a legislative recap of the 2003 session and an update on the Spatial Growth Model. Staff contact: Avera Wynne, ext. 215. Email: avera@tbrpc.org 9. ExecutiveBudget Committee Report -Chair Todd 10. Other Council Reports A. Building Update Additional material: Building Budget Synopsis (report attached). Staff contact: Manny Pumariega, ext. 213. Email: manny@tbrpc.org 11. Chairman's Report -Chair Todd 12. Executive Director's Report -Manny Pumariega Adjournment Next Meeting -Monday, July 14`h, 2003 at 10:00 a.m. The Council, in accordance with its adopted rules of procedure, may only take action on matters not on the printed agenda involving the exercise of agency discretion and policy-making upon a finding by the Council of an emergency situation affecting the public's health, safety, and welfare. Council meetings are Public Meetings within the context of Section 286.011, Florida Stahttes. Council meetings are not Public Hearings within the context of Section 120.54, Florida Statutes. The Chairman has full discretion as to whether or not to recognize speakers other than Council members orstaff, and is notrequired to recognize individuals to speak on issues before the Council. Public Hearings on issues before tl:e Council are conducted by individual local governments, and are the proper forum forpublic comment. Please note that if a person decides to appeal any decision made by the Co:enci[ with respect to any matter considered at the above cited meeting or hearing, s/he will need a record of the proceedings, and for such purpose, s/he 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. Persons wishing to speak at a Council meeting are required to complete the form provided at the entrance to the meeting room. The form, after being completed, must be given to the Recording Secretary. If you are a person with a disability who needs any accommodation in order to participate in this meeting you are entitled, at no cost to you, to the provision of certain assistance. Please contact Tampa Bay Regional Planning Council at 727-570-5151 within 3 working days of the meeting. -4- • • Agenda Item #3.H.1 06/09/03 Tamya Bay Reg/anal Y/auning Connc/I LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AMENDMENT REPORT CITY OF CLEARWATER DCA #03-1 PURSUANT TO SECTION 163.3184(6)(a), FLORIDA STATUTES, IT IS REQUESTED THAT DCA REVIEW THE PROPOSED AMENDMENTS. AMENDMENT #LUZ2002-05005 -Future Land Use Map Baybridge Apartments From Category: Industrial Limited (IL) Rezone: Industrial, Research, Technology (IRT) To Category: Residential High (RH) Rezone: Medium High Density Residential (MHDR) Size 10.05 acres Location Generally located on the south side of State Road 590, a roximately 725 feet wet of McMullen Booth Road. Existin Use Multi-family residential Pro osed Use Multi-family residential Adjacent Designations North: Residential Medium (RM); ResidentiaUOffice Limited South: Industrial Limited (IL) East: Industrial Limited (IL) West: Residential Medium (RM) Adjacent Uses North: Retail/Single-family residential South: Warehouse/Open Space East: Retail West: Multi-family residential For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 C, Regionally Significant Yes, due to the property's location in relation to McMullen Booth Road, and the increase in trips per day as a result of the change in designation, would likely impact McMullen Booth Road, which is considered a Regionally Significant Roadway. Result in extra- No. jurisdictional im acts? Impact regional Yes. facilities/ resources? Re Tonal Comments No. Applicable SRPP Affordable Housing - 1.3.7; Economic Development - 2.3.1 Policies Regional Transportation - 5.1.6, 5.1.12 Consistent with SRPP Yes. ~ ' //,~ , J H RIV 1 e ~ y (~ ~ ~ i s ~'`~ i ~ SR 590 ~.~-_ ~- "',~ ,ran., - rT'4i t~~~ 411. ) - ~ ,~~ ' _; ~ J` - ' ~ ~ `- _ F ~ '. r ';1 ':~i 1 `~ iLt-bt- ~ 13-149},; ~ E2H i ~Y L ~ ~ +~1 ~.~-~~s-t- 1 .. IL. Z . ^C~ . ~ i,A.~.t' ~~ 1 ~. ~ fi ~~~ ~ ~. 7 ~~ RM t° .~ F ,.. ~ , ' ~ i ~~ l _- ii1 t ~ ./ . N l ~. ~ i., t, 1 My ', . f , ~~~f.. I 6 . ~ r wn! ~~ ~ ...^' ,~ ~ . .:. ~~ J ~". 4~ ~ !~ O - ~ i ~ ' 4/~ ~ ~ ~ . - ~ R ~ A ,~ .. .~, ~4, t PROPOSED FUTURE IAND -USE PLAN MAP Owrret: ~ ~Bayridge Aparfrtienfs, TLC ~Gase: LUZ2002-05004 - .Site: 3021 SR 590 Property Size. 10.05 .~ACres):. Zoning .Lana use PIN; ~ 09/29J76/8A3437000J0020 :. f7om; IRT ~ ' iL -± Atlas.Pdge;~ 274A io •1v1NDR RH For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • • AMENDMENT # LUZ2002-09010 -Future Land Use N1ap The Pools at Windward Passage From Designation: Commercial General (CG) Rezone from: Commercial/Island Estate Neighborhood Conversation Overlay District (C/IENCOD) To Designation: Residential Medium (RM) Rezone: Medium High Density ResidentiaUIsland Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) Size 0.87 acres Location Generally located on the south side of Windward Passage, a roximately 450 feet north of Memorial Causeway. Existin Use Eleven fee-simple townhomes Pro osed Use Eleven fee-sim le townhomes Adjacent Designations North: Residential Medium (RM) South: East: Residential Medium (RM) West: Adjacent Uses North: Marina South: Water East: Marina West: Park Re ionall Significant Yes, due to location in the Coastal High Hazard Area Result in extra- No. jurisdictional im acts? Impact regional No. facilities/ resources? Regional Comments FLUM and Zoning amendment is only to bring a legal, non-conforming structure into compliance with the City's Community Development code and continue the current use. • Amendment will reduce the maximum permitted level of residential o ulation in the CHHA. Applicable SRPP Emergency Preparedness - 3.4.22 Policies Consistent with SRPP Yes. For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • a . . RIB ~ oo: _e ,; r + -+~ Clearwater s 3-lard or O y RH a _ __ p ~ a 'a ,.. ~: 9 ~ „ a RH -. Y PASSAGE • RH' :. WATER .. pOR , g INS RM G ~ti a ~ RM o ,, A . <. w e ~ 4 . s q ~ b ~ d ,~ ~, - `/~. ' ~V~ ~ ~ ,. !`b~ ~A. 2i~ e 1' 9 q tc ' WATER 'qGS ,y,' Pw o®IZhrun3s9oioo9roolo ' ' ~ ~ ~ ~' A9/29/,IS/72590/000/00T0 O9/29/,Sn2590/000/0030 '9y ~ o9ns/is/tzs9o/ooooao OS/39/15/73590/~/0050 ~ ~p O~ ~~' o9n9/ Isnzs9o/o9o/ooso 49/29/15/72590/000/0070 OH/39/15/72590/00070090. \ ~ ' 09/Y9/IS/72590/000l0090 /:9 „n : n!«; ab a ~` ~ WATER '-.~ 9 / 2> 9 o,o, 68/29/15/72590/00010110 PROPOSED FLi'TLiRE LAND LISE PLAly NEAP OVUNER/S: The Pools At Windward,Passage. GA'SE: LtJZ 2002-09010 209-229 Windward Passage SIT. E: 209=229 Windward Passages PROPERTY 81ZE (ACRES):` 0.87 20N1NG LAND US6 pW: See Above FROM: C/IENCOD CG . ATLAS PAGE: 2678 TOi MHDRlIENCOD RM S:\Plaiinina"Iknirlriicne\E D 9\Annnkiuass\Gasr Mana\ W21001-090f0 For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • • Clearwater ~far~or c ~,` "' 1 ;~ ~: x U1 I r v z. cl m. a~~~ ~ ~' ~ ~a~,~ . _,.e _ a Clearwater 3faybor Nluiti= ~-' y Residential y~~~~~~Q' ~ ~. m ~o ~ °,.Retaii. ~~~~ ~' 69 3'A . m .D~ LIf P~, ~s~d. ' `. s ~.Q~ ~O~y~I ~S.r- ~. e ~ ~; ~F _~ o~,~ ~~ cgGS . ~.~, c~`yyq y' .~ ,~ ~ ~>. ~, 0 ~~~ a 5 ~~ 4 ~Q 08/29/1 08/29/7 oa/zvtl EXISTING 5LIRROiiNDING :LAND LISE NEAP OUtINEE2/$: The Po01s At Windward Passage 209-229 Windward Passage EASE: LUG 2002-0901.0 SITE: 269-229 Vlfintiward Passage PROPERTY SIZE (ACRESj: 0.87 ZONING LAND USE FROM: C%IENGOD CG PIN: See Rbove TO:, MHDB/IENCOD F2M ATLAS PAGE: 2678 S: ~M,nniee De6arement~C b 4\Anm~iat4mxlCue M~niaLUZ300t-09010 For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • C7 AMENDMENT # LUZ2002-11011 -Future Land Use Map . High and Dry Marina, Inc. From FLUM: Commercial General (CG) Rezoning: Commercial District (C) To FLUM: Residential High (RH) Rezoning: High Density Residential (HDR) Size 1.83 acres Location Approx. 500 feet north of Memorial Causeway and 920 feet west of Island Way Existin Use Dry storage marina facility Pro osed Use Multi-family residential Adjacent Designations North: Residential High (RH) South: Commercial General (CG) East: Residential Medium (RM) West: Commercial General (CG) Adjacent Uses North: Clearwater Harbor South: Multi-family residential East: Multi-family residential West: Marina Regionally Si nificant Yes, because it is located within the CHHA Result in extra- No. jurisdictional im acts? Impact regional No. facilities/ resources? Regional Comments By reducing the permitted density of two neighboring properties, it has offset the increase in density caused by this amendment. Applicable SRPP Affordable Housing (1:4.4.) Policies Economic Development (2.3.3) Consistent with SRPP Yes. For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • tt CCeur°`vv'aifer 3Car6or 1NAT~R RH \ / a.l 1 `~.,`,~° 1NATER: ~9y , ~p "-~ P ~`~~ ~~~ . WATER PROPOSES FUTURE LAND USE PiAN MAP Owner ' High and Dry Ntarina, Inc ~ Case> ,LUZ2002-1101.1 ` Property Size Site: ~ 202 Windward:Passgae (Acres~t 1.83 I, Zonis Land Use P1N; `: 08l29/i5/43380/044/0090 From ; C CG ~ 70: HDR RH Atlas Page: ~ 2678 H~~ RHO For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 • • SURROUNDING For Council meeting of June 9, 2003 Report prepared by: Jessica White, Ext. 288 q~ , y s°" ~ k • ~,r ~y$ Via, > ~ITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727] 562-4567 FAx (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REVIEW May 13, 2003 Mr. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning Division of Community Planning Plan Processing Team 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Transmittal of Future Land Use Element Amendment for the City of Clearwater Dear Mr. Gauthier: The City of Clearwater is submitting this transmittal as part of the requirements pursuant to 9J-11.006 "Submittal Requirements for Proposed Local Government Comprehensive Plan Amendments". This is the City's first (1) amendment package transmittal for 2003. The City is transmitting three (3) proposed Plan Amendments with this letter for your review: LUZ2002-05004 Bayridge Apartments Plan Amendment LUZ2002-09010 The Pools at Windward Passage Homeowner's Association Plan Amendment LUZ2002-11011 High and Dry Marina, Inc Plan Amendment 9J-11.006(1)(a) l The Clearwater Community Development Board (CDB), as the Local Planning Agency, held a public meeting on July 23, 2002 for LUZ2002-05004 Bayridge Apartments Plan Amendment. The Clearwater CDB, as the Local Planning Agency, held a public meeting on November 19, 2002 for LUZ2002-09010 The Pools at Windward Passage Homeowner's Association Plan Amendment. The Clearwater CDB, as the Local Planning Agency, field a public meeting on January 21, 2003 for LUZ2002-11011 High and Dry Marina, Inc Plan Amendment. The CDB recommended approval to the City Commission on the three (3) Plan Amendments. 9J-1i.006(1)(a)2: The Clearwater City Commission held a public hearing on the following dates to approve the transmittal of the following plan amendments: The Clearwater City Commission held a public meeting on August 22, 2002 for LUZ2002-05004 Bayridge Apartments Plan Amendment. The Clearwater City Commission held a public meeting on December 2, 2002 for LUZ2002- 09010 The Pools at Windward Passage Homeowner's Association Plan Amendment. The Clearwater City Commission held a public meeting on February 20, 2003 for LUZ2002- 11011 High and Dry Marina, Inc Plan Amendment. BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER HOYT HAMILTON, COMMISSIONER BILL JONSON, COMMISSIONER ~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER' ~: ~ • i The above proposed plan amendments and one copy of each item specified under paragraphs 9J- 11.006(I)(a), (b), (c), and (d), FAC, were sent to the Pinellas County Planning Department, Tampa Bay Regional Planning Council, Southwest Florida Water Management District, the Florida Department of Transportation, the Florida Department of State and the Florida Department of Environmental Protection on May 13, 2003. 9J-11.006(1)(a)3: Three (3) Future Land Use Map amendments are being proposed as part of this submittal package. The following is a summary of each amendment: LUZ2002-05004, Bayridge Apartments Plan Amendment, proposes to amend the Future Land Use Map from Industrial Limited (IL) to Residential High (RH) for 10.05-acres of property to render an existing multi-family use conforming to the City of Clearwater Future Land Use Map and Community Development Code. LUZ2002-09010, The Pools at Windward Passage Homeowner's Association Plan Amendment, proposes to amend the Future Land Use Map from Commercial General (CG) to Residential Medium (RM) for 0.87-acres of property to render an existing multi-family use conforming with City of Clearwater Future Land Use Map and Community Development Code. LUZ2002-11011, High and Dry Marina, Inc Plan Amendment, proposes to amend the Future Land Use Map from Commercial General (CG) to Residential High (RH) for 1.83-acres of property in order to construct a proposed multi-family development. The City of Clearwater requests the Department to review the proposed amendments. 9J-11.006(1)(a)4: The amendments are proposed for adoption subsequent. to receipt of the Department objections, recommendations, and comments report and preparation of changes required by the report. The anticipated month of adoption is August 2003. 9J-11.0061(1)(a)5: The proposed amendment does not pertain to an area of critical state concern. 9J-11.0061(1)(a)6: The plan amendment is not within Orange, Lake or Seminole Counties. 9J-11.0061(1)(a)7.e: The proposed plan amendment does not qualify as an exemption under the twice per calendar year limitation on the adoption of comprehensive plan amendments. 9J-11.0061(1)(a)8: Copies of the completed adopted Clearwater Comprehensive Plan, and any amendments to said plan, have been submitted to the following agencies: the Pinellas County Planning Department, the Tampa Bay Regional Planning Council, the Southwest Florida Management District, the Department of State, the Department of Transportation, and the Department of Environmental Protection under separate cover on May 13, 2003. 9J-11.0061(1)(a)9: None of the plan amendments are proposed for adoption under a joint planning agreement. 9J-11.0061(1)(a)10: Gina Clayton Long Range Planning Manager 100 S. Myrtle Avenue Clearwater, FL 33758-4748 Telephone: 727-562-45 87 Fax: 727-562-4865 Email: gclayton@clearwater-fl.com ~~ .. ~ • If you need further assistance, please contact Gina Clayton. Thank you for your courtesy in this matter. Sincerely, ~~ ~ ~ ~ c~-J - ~ Cynthia Tarapani, AICP Director of Planning City of Clearwater Enclosures • .e • • City of Clearwater Proposed Local Government Comprehensive Plan Amendment First Submittal 2003 May 14, 2003 LUZ2002-05004 Bayridge Apartments Plan Amendment ~. • • CDB Meeting Date: July 23.2002 Case No.: LUZ 2002-05004 Agenda Item: B 1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT -~~ `. BACKGROUND INFORMATION: OWNER: Bayridge Apartments, LLC REPRESENTATIVE: T. Truett Gardner 101 East Kennedy Boulevard, Suite 3140 Tampa, FL 33602 LOCATION: 3021 State Route 590 Generally located on the south side of State Route 590, approximately 725 feet west of McMullen Booth Road. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Industrial Limited (lI.) to Residential High (RIT), and SITE INFORMATION: To rezone from the Industrial, Research, Technology (IlZT) District to the Medium High Density Residential (IVII-IDR) District PROPERTY SIZE: 437,778 square feet or 10.05 acres DIMENSIONS OF SITE: 1280 feet by 350 feet. m.o.l. PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: Multi-family residential Multi-family residential Industrial Limited (II.,) Residential High (RH) S:~Planning DeparunenNC D BUand Use AmendmentsU,UZ 2002~STAFF REPORTS~I,UZ 2002-050043021 SR590 CDB -July 23, 2002 LUZ 2002-05004 Page 1 of 8 .~ r. ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: ANALYSIS Introduction • Industrial, Research, Technology (IRT) Medium High Density Residential (NII-IDR) North: Retail /Single-family residential South: Warehouse /Open Space East: Retail West: Multi-family residential The 10.05 acre subject site is located in the Industrial, Research, Technology (IRT) zoning district and is occupied by six (6) three-story structures housing 222 multi-family residential units and one (1) structure utilized as an office/pool house. The Industrial, Research, Technology (IRT) District does not permit multi-family dwellings; therefore, this property is anon-conforming use. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Industrial Limited (II..) category to the Residential High (RH) category and to rezone it from the Industrial, Research, Technology (IRT) District to the Medium High Density Residential (1VI~IDR) District, to render this site conforming. When the property was developed in 1990 it was the residential portion of the Clearwater Market Place, a Certified Site Plan for the South Oaks Fashion Square subdivision, which included residential and retail development. The site was zoned Industrial Planned Development (Il'D) and had a City of Clearwater Future Land Use Plan designation of Industrial Limited (II.,). In 1994, the current owners purchased the subject and developed it as the Bayridge Apartments. When the new Community Development Code was adopted in 1999, this property's zoning designation was changed to the Industrial, Research, Technology (1RT) District. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment, review and approval by the Florida Department of Community Affairs is required. A. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602(F)(1)& Section 4-603(F)(1)& (2)] The amendment promotes consistent development as stated in the following clauses from the Future Land Use Element of the Clearwater Comprehensive Plan: 3.2 Objective -Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. S:~Planning Department\C D BUand Use Amendments~I.UZ 2002~STAFF REPORTS~I.UZ 2002-050043021 SR590 CDB -July 23, 2UU2 LUZ 2002-05004 Page 2 of 8 ~ 4 • • 3.2.2 Policy -Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. 13.1.1 Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. The amendment promotes consistent development as stated in the following clauses from the Transportation Element of the Clearwater Comprehensive Plan: 5.4 Objective -The City shall specifically consider the existing and planned Level-of- Service on the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. B. CONSISTENCY WITH COUNTYWIDE PLAN Applicable regulations from the Countywide Plan are as follows: 2.3.3.3.1 Residential High (RH). Purpose -- It is the purpose of this category 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. Locational Characteristics -- This category is generally appropriate to locations within or in close proximity to urban activity centers; in areas where use and development characteristics are high density residential in nature; and in areas serving as an urban center. These areas are typically in close proximity to and may have direct access from the arterial and thoroughfare highway network and are served by mass transit in a manner that provides an alternative to individual automobile use. This designation is generally not appropriate for coastal high hazard and evacuation level "A" areas. The proposed use of the property is consistent with the RH category in that the project will be limited to residential use; in addition, the site's adjacency to SR 590 provides sufficient access to major arterial roadways in the area for the residents of the complex. S:~Planning DepartmenflC D BVand Use pmendmentsU.UZ 2002\STAFF REPORTSU.UZ 2002-05004-3021 SR590 CDB -July 23, 2002 LUZ 2002-05004 Page 3 of 8 ~~ • C. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD (Section 4-602(F)(2)& 4-603 (F)(3)] The subject site is approximately 10.05 acres in size and could allow 300 multi-family dwellings units based on a maximum density of 30 dwelling units per acre in the proposed Residential High plan category. Current uses allowed in the Medium High Density Residential zoning district include schools, attached dwellings, medical clinics, community residential homes, nursing homes, places of worship, assisted living facilities, retail sales, overnight accommodations, and utility infrastructure facilities, congregate care, parks and recreation facilities, residential infill projects and residential shelters. State Route 590 Corridor The SR 590 corridor between McMullen Booth Road and US 19 is characterized primarily by residential and retail uses except for offices at the intersection of McMullen Booth Road and SR 590. The Countywide Future Land Use Plan has designated land in the surrounding area as ResidentiallOffice General, ResidentiaUOffice Limited, Residential Medium, Industrial Limited, Residential Urban and Commercial General. The Residential Medium, Residential Urban and Industrial Limited are the predominant land use plan designations in this area and they are evenly split between the north, west and east of the subject property. Immediate Surrounding Area The Future Land Use Plan (FLUP) for the immediate surrounding area along the east side of the subject site is Industrial Limited. The Residential Medium plan category extends to the west of the subject property and the Residential Urban and Residential /Office Limited plan category is located to the north. The existing surrounding uses include retail to the east, multi-family residential to the west, single-family residential to the northwest, office to the north and industrial and open space to the south. The proposed Future Land Use Plan designation and rezoning is in character with. the overall FLUP designation along this block and compatible with surrounding uses. D. SUFFICIENCY OF PUBLIC FACILITIES Roadways As previously stated, the subject site is approximately 10.05 acres in size and could conceivably allow 300 multi-family dwellings units based on a maximum density of 30 dwelling units per acre in the proposed Residential High Plan category. Current uses allowed in the Medium High Density Residential zoning district include schools, medical clinics, community residential homes, nursing homes, places of worship, assisted living facilities, retail sales, overnight accommodations, and utility infrastructure facilities, S:~Planning Department\C D BU,and Use Amendments~I.UZ 2002~STAFF REPORTSV.UZ 2002-050043021 SR590 CDB -July 23, 2U02 LUZ 2002-05004 Page 4 of 8 • • congregate care, parks and recreation facilities, residential infill projects and residential shelters. Based on the Countywide Plan standard for calculating typical traffic impacts relative to a plan amendment, for this 10.05 acre site, a total of 1,703 trips per day could result from the existing Industrial Limited plan category. The proposed Residential High plan category could generate a total of 1,839 trips per day for the subject site. Based on the ITE Trip Generation Manual, the average annual daily trips generated by a light industrial land use, within the existing IRT zoning, could be 88 trips during a weekday PM Peak Hour of Generator. The proposed Medium High Density Residential (1V1I3DR) District, with the existing 222 multi-family units, will continue to generate an average of 97 trips during the PM Peak Hour of Generator. The 2001 Transportation Level of Service manual from the Pinellas County Metropolitan Planning Organization assigned the McMullen Booth Road segment from State Route 590 to Drew Street a level of service (LOS) F. Considering no new structures are proposed for development on the subject site, no negative impacts are projected to result from the proposed amendment on South Myrtle Avenue. The level-of-service (LOS) for McMullen Booth Road will not be degraded by the proposed land use amendment and rezoning. 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 located within'/a mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along McMullen Booth Road Water The current zoning district could demand approximately 43,777 gallons per day. Under the proposed zoning district, water demand could approach approximately 55,500 gallons per day. Due to the fact that this is an existing multi-family residential complex and the use will not change, the proposed amendment will not affect the City's current LOS for water. Wastewater The current zoning district could demand approximately 35,022 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 44,400 gallons per day. Due to the fact that this is an existing multi-family residential complex and the use will not change, the proposed amendment will not affect the City's current LOS for wastewater. S:~Planning Deparunent\C D BUand Use Amendments~I.UZ 20021STAFF REPORTSU.UZ 200050043021 SR590 CDB -July 23, 2UU2 LUZ 2002-05004 Page 5 of 8 ` , ~.. • ~ Solid Waste The current zoning could result in 882 tons of solid waste per year for an industrial site. Under the proposed zoning district, there would be approximately 562 tons of solid waste generated per year for the multifamily residential. Due to the fact that this is an existing multi-family residential complex and the use will not change, the proposed amendment will not affect the City's current LOS for solid waste disposal. Recreation and Open Space Due to the fact that this is an existing multi-family residential complex and the use will not change, the proposed land use amendment and rezoning will not impact the LOS of recreational acreage or facilities. E. IMPACT ON NATURAL ENVIRONMENT [Section 4-603(F)(5)) Due to the fact that this is an existing multi-family residential complex and the use will not change, the proposed land use amendment and rezoning will not have additional negative impacts on the natural environment. F. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 (F)(6)] The location of the proposed Residential High boundaries are logical and an appropriate classification between multi-family residential uses to the west and single family residential uses on the north and south. The district boundaries are appropriately drawn in regard to location and classifications of .streets, ownership lines and existing improvements. G. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Section 2-1201.1. & 4-602(F)(1) and (2)] The proposed Medium High Density Residential (NI~IDR) District permits a FAR of 0.60 and the existing Industrial, Residential, Technology District permits a slightly more intensive FAR of 0.65. The ISR of the proposed MHDR District is 0.85, which is identical to the current IRT District. The size of the site is 437,778 square feet, which exceeds the minimum lot area requirement of 15,000 square feet required by the MHDR zoning district. Therefore, the parcel meets size requirements of the proposed District and the existing residential. use is permitted in the Medium Density Residential District. The subject site is part of a Certified Site Plan (CSP), which created the Industrial Planned Development (IPD) zoning for the site. Setbacks approved through this CSP for the pool deck and the western side yard do not comply with current code requirements, however are legally permitted through the CSP. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency S:\Planning Department\C D BVand Use AmendmentsV..UZ 2002~STAFF REPORTS\LUZ 2002-05004-3021 SR590 CDB -July 23, 2002 LUZ 2002-05004 Page 6 of 8 • • 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. The existing and proposed use of this property is consistent with the Medium High Density Residential District regulations. Existing vs. Proposed Regulations -Maximum Development Potential Floor Area Ratio Impervious Surface (F A.R.) Ratio (LS.R.) Existing IRT Zoning 0.65 0.85 Proposed MHDR Zoning 0.60 0.85 H. CODE ENFORCEMENT ANALYSIS: Within the past 7 years the property has had four (4) code violations for signs, balloons and banners. On each occasion the property owner or manager took immediate action to comply with city requirements. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Industrial Limited (II.) to Residential High (RH) and a rezoning from the Industrial, Research, Technology (IRT) District to the Medium High Density Residential (1VI1'-IDR) District for the subject property is necessary to bring this existing non-conforming residential use into conformity with the Community Development Code. The neighborhood is surrounded by retail uses to the east, single- family residential and office uses to the north, multi-family uses to the west and open space and utility uses to the south. The existing residential use blends into the surrounding neighborhood and serves as a transition between commercial uses to the east. The proposed Residential High Future Land Use classification and Medium High Density Residential District are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. S:~Planning Department~C D BV.and Use Amendmencs~LUZ 2002~STAFF REPORTSV.UZ ?A02-05004-3021 SR590 CDB -July 23, 2002 LUZ 2002-05004 Page 7 of 8 • ~ The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 3021 State Route 590 (Lot 2, South Oaks Fashion Square) from Industrial Limited (II.) to Residential High (RH); and 2. Amend the zoning district designation of 3021 State Route 590 (Lot 2, South Oaks Fashion Square) from Industrial, Research, Technology (IRT) to Medium High Density Residential (MHDR). Submitted by: Marc A. Mariano, Planner Attachments Application Aerial Photograph of Site and Vicinity Location Map Zoning Map Land Use Plan Map Existing Surrounding Uses Site Photographs S:~Planning Department~C D Bvand Use Amendmentsv.UZ ?A02~STAFF REPORTSV.UZ 2A0~05004-3021 SRS CDB -July 23, 2UU2 LUZ 2002-05004 Page 8 of 8 NOTICE OF REZONING AND LAND USE PLAN- AMENDMENT PUBLIC HEARING Schedule of Public Hearings: Tuesday, July 23, 2002 before the Community Development Board, at 2:00 p.m. Thursday, August 22, 2002 before the City Commission (lst Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. (Bayrdge A~~i-tm~tets;`LLCtl~dvcflCR~alt~? Ltd. Partn~sY~3~j ~. LUZ '102-05004 ~ . < ... . +~ , ,. _ ~. NOTE• All persons wishing to address an item need to be present at the BEGINNING of the Community Development Board meeting Those cases that are not contested by the applicant staff nei~2hborin~ property owners. etc. will be placed on a consent agenda and approved by a sin~2le vote at the be~innin~ of the meetine. ~F~' The City of Cleazwater, Florida, proposes to adopt the following ordinances: ORDINANCE N0.7001-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF S.R. 590 AND LANDMARK DRIVE, CONSISTING OF LOT 2, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 3021 S.R. 590, FROM INDUSTRIAL LIMITED (II..) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. ORDINANCE N0.7002-02 AN ORDINANCE OF THE CITY. OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTHEAST CORNER OF S.R. 590 AND LANDMARK DRIVE, CONSISTING OF LOT 2, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 3021 S.R. 590, FROM INDUSTRIAL, RESEARCH, TECHNOLOGY (IRT) TO MEDIUM HIGH DENSITY RESIDENTIAL (IV~IDR); PROVIDING AN EFFECTIVE DATE. Interested parties may appeaz and be heazd 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 Boazd or Commission, with respect to any matter considered at such hearings, 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 appeal is to be based per Florida Statute 286.0105. An oath will be administered sweazing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL 33756, or call (727) 562-4567. Gina Clayton Cynthia E. Goudeau, CMC Planning Department City Clerk City of Clearwater, P.O. Box 4748, Cleazwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Ad: 07/07/02 & 08/04/02 i.z - ~ , ,~ y l 0 ~~ 'P ~Str~ /~ a~i'r~'' ` q ~" E '" ` ~~.~.~~ r 4 ~~ 7~ t ~jR~ pp'~~yY~. 3~ '~ `' r ~r;4 ~.. ~+ y„ ' ~ ~ 1141 ~'~"'U~`~4~ "r~•7 ~.r$RC ~ ~~ ~~ ~3~ .. ~ j , ~ ~ ~~ _ fR ~ a ~ c 'w ~ ~~ a d _'Y Q~p ,.. 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I:..:: , , ~ _ ~ i_ ~ n6,_, Ie r Ap6, r+ ~1~.6 r .__ ~ll N' .f I~N9~, '//~/ I.n ,,N,,, ~/ p ce rM„ + ~'~~ ~ ~ ~a ~ ~~l l Y ~ ~_ Il)).r161 v . w~ ~~~i _ ~'--~.i~~' a f~r; ,.Po-; - ~- R ~ x ~AO i .iNM1 ~ .1v1 .ra ~ irll96 r~~r r ~Md'~ ~e i ~ 1~ --l ~~ /~ _ ,rye _ r~ 11 ~ -.~Y/ ._ ~ 1 r • -_ rnd ~,I ~ r.~e r I ~ /_ rj94 ,~~ ?,I ~e >9r 1]Zl ~ - ` ~e ' J_ nve ~ ~~ rxn ws ,~6 ~~ir__ ~~~ nb ~' ~. ~~ r ~~- ~ ~ ~~~ ~ r r.Tr I]rr N urs .rr aeJ ~ -, ~ ~~~ A sa< '~ ,ry,, ' ~ Y' ~- ~~~• /J \ _ __ y : •x i R nra ( g ~ y Lr r EXISTING SURROUNDING USES Owner: Bayridge Apartments, LLC ~ Case: LUZ2002-05004 Property Size ~ 0.05 Site: ! 3021 SR 590 A ( cres): Zoning Land Use PIN: 09/29/16/84343/000/0020 From : IRT IL Atlas Page: 274A To: MHDR RH 1 Location 1VIap Ba, ysrdge Apartments LLC NORTH 3021 S.R. 590 1 "=1320' LUZ2002--05004 ¢ ~o D ~ ¢ f w ; v' ~~ ~ a HARBDRAPS ~ Z'i ~+1 la O ~ 0 ~ ~ Q O I O ~~SUN: I o 0 DR PROJECT ST GR01% SITE SARAH DR W V CATHERINE ~ z ~ DR o DR ST OH~ ~oOw 3 FLINT DR 0 a a o n TNT DR S ~ Mosters Ln o' U 2 Angler . 0e D m °~ ~` O z °` D W D ~~ in SR 590 ~n~'a ~ DELAWARE = 5T ``=_~,C~mDQ ^~~D d_ C ~ Da ~ 4 ~ o° o°~J~ ~~/ / ~Y Rutn Eckerd Holl Dr ~:~\ W PPLEWOOD z ~ ~LEMONWriOD O~ O a ACtey P`q' 9q~J vQ6. m ((~~ O O ° °a ~ L~ 3r'' Y Y N PARK TRgrL LA' = NUTW~ KAPOK KOVE DR ~ CARLOS ST ~~ r----~ GLEN ~OAK > ~ a S ¢ JOSE ST V O a NSI TA DR 5+ u c ~ LAK ~ SAN D ~~ S~ ~ ?F i ~ ~ Terroce View La a~>~a~o ~ O SAN w BERNADINO~°.~ ~~ W o O~S ~/n DR D~ GRAND VIE~~~~~~~~~~~= S~ .'- Fq~ ~ ~ BRICAD06N MERRILL ~ AVE THOMAS RD Q ( ~ ~ HOn AV~ WOLFE RD ' ao ry 3 .~ BORDEAUx LA ~ rV. V ~ a 4 CHAMBLO ~ p U DREW ST ` s n BAY LA n SANDLEW000 ~ ~ in BAY LA ~ ~ ~ ^' a N ~praii...~~. ~ ` d~le~E~, =- CITY OF CLEARWATER, FLORIDA .o . ~ ..., ~ ~ ~ '--~ ~ PUBLIC 1NORKS ADMINISTRATION -~~>ear F;$d ENGINEERING w r~ r~ INE DRIVE _ ~ a 1 i , . i . r„-- ~-~~-:~~ .R~:,~ d.--;m ~ _~~ ~ E ~ -~ i a g > s ~ - `, 3T. JOHN DRIVE W -~• `r~'.° - -:. ° Cr-,''~`-'''' `~ - - - ~ D 1 „ ,1 _,_ 1 ,~ ~? D _ . o _ L ~ . - ,.R ~----' -- ' ~ 1 ~ ~- t ' -: ° tea ..-~' - •- -: »o, -- SR 590 ~~, -, ~ -----_;,----; . 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' ~ K ~ ~ --i •- Sa °--•_-_ - - O I 4 ;•- 5,}_ 1Y y •~~~~1;~A ' ---~ r -------- , _- - - ' r 1600 1 _ , r i ~ i ~_'~_L~-~-- . a 1 ' ~ 5 1 , '~ y -~ _- IS'J6 W 1 ass 1 .e9 -- i.ea , 444 ` s ' ~~ : 3 - ,tea _---_r ` .:. ,snu 1s>u ~ / i . b .~~~'$~•~Jl ` 6 a°,a.a I -• ~ _ - ._ , , ---_ 7" - •- el ` , =V _; G 16 e 1 ` - ' H6D /~ ~. ~. 1 ~ ~ ~ 65-.' l ^ ~ /~N+e i ~sfi fN6 , p s, i -- , I ~' ,]n.,w ~66 , ,iMaj Mai ~INT, _ ~ , .j `~ ~•~ ~` _ Mf l~~li- f,,; ,~,~ - I ~' C 9 W W .g (ds i ~ 1fsM1 • +~5sil i I>;~ __ifASr1 _ ~ ~'' ,»' --l f~" iiei ~ff ; 1 1~7 L- 13991 ~ ~> i ~_ (,/y ~~~ i ~q0 ~,.t9i' ,fib - O ,ao„f„ jeyf ; ~ uT ~ ~s-~, ~ , ~ i N9 i i ~ 1/ 1--` • l +~ ~ , ,,/ ~ R n / ifs 19~ ~r cc~ _ i C a, ie p° "~ ~C -` 1 s ~ ~ ~ - a a .`°, , i1 3'~, If islg R __ la,> PROPOSED FUTURE LAND USE PLAN MAP Owner: Bayridge Apartments, LLC Case: LUZ2002-05004 I Site: i 3021 SR 590 ~ I Property Size 10.05 (Acres): Zoning La nd Use PIN: 09/29/16/84343/000/0020 From : IRT IL Atlas Page: 274A To: MHDR RH • ~ ORDINANCE N0.7001-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF S.R. 590 AND LANDMARK DRIVE, CONSISTING OF LOT 2, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 3021 S.R. 590, FROM INDUSTRIAL LIMITED (IL) TO RESIDENTIAL HIGH (RH); 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 COMMISSION 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 ert Land Use Category Lot 2, South Oaks Fashion Square, according From: Industrial Limited (IL) To plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas To: Residential High (RH) County, Florida (LUZ 2002-05004) Section 2. The City Commission 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 Appr ed as to form: Leslie K. Dougall-Side Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7001-02 .. • • Legal Description LUZ 2002-05004 Lot 2, South Oaks Fashion Square, according to plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas County, Florida, together with the interest of the Owner in and to those certain easements as set forth in that certain Agreement by and between Booth Marketplace, Inc., a Florida corporation and McMullen-Booth, Ltd., a Florida limited partnership, dated November 22, 1988, recorded November 28, 1988, in Official Records Book 6884, Page 602, and amended by Amendment to Agreement dated February 9, 1989, recorded March 2, 1989, in Official Records Book 6947, Page 916, all in the Public Records of Pinellas County, Florida. r~ INE DRIVE ~~.,-:#~_ R~ ,~ d:"-. i =..I ~~ R y° ,• 1 1 -' P __ Inr L yl ~ , I __ _ ~ 3T. JOHN DRIVE ~'~~ -°,-„~ti, __ <` ~ ' ---r== v , _ .' .,. 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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 COMMISSION 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 Zoninct District Lot 2, South Oaks Fashion Square, according From: Industrial, Research, To plat thereof recorded in Plat Book 101, Technology (IRT) Pages 57 and 58, Public Records of Pinellas To: Medium High Density County, Florida (LUZ 2002-05004) Residential (MHDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7001-02 by the Pinellas County Board of County Commissioners, and subject to a determination by the Sttte 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: ..~ l ,Or Les ie K. Dougall-Si e Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7002-02. • Legal Description LUZ 2002-05004 Lot 2, South Oaks Fashion Square, according to plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas County, Florida, together with the interest of the Owner in and to those certain easements as set forth in that certain Agreement by and between Booth Marketplace, Inc., a Florida corporation and McMullen-Booth, Ltd., a Florida limited partnership, dated November 22, 1988, recorded November 28, 1988, in Official Records Book 6884, Page 602, and amended by Amendment to Agreement dated February 9, 1989, recorded March 2, 1989, in Official Records Book 6947, Page 916, all in the Public Records of Pinellas County, Florida. . ~- ~ • • • N N N N N N N N N N N~ q O 210 O 22 12.] 33/Q2 g " o , ° 6 2a~ HUMANE 0 y °~ h O p O m 0 D 9 N N 10N N 11N ~ 12 a 13N n~ 60 CgJ}r~NE DRI-~ u° ~ ~ SOCIETY P ^i 2z" za S , p K a14N U ,7, 2s q go y OF NORTH UN B 17 Is „" ~~ 27' zs q PINELLAS or 21 23 . p c719 N o b o N ~ b m et5 3P »l6 n» 25 (S.P.C.A.) p N 6 a m19° ~18a b b~ w 0 N »/9 29 M N N N H N N N N o0 N 3 D ST JOHN DRIVE o ~° 9 9 0 31010 LC m ". 32 m so ~ n LO7 3014 24 6 "' 7 '° ~ ~ ~~ 22 !>!9 ~s n m w es b a°ja LOT b` b b 00 b o Oo 8 1709 a h N N l w h .~ ~ ~_ w 33 < o C N O ,, ~ , W 23 7705 89 813 2 iio°Y ss 36 35 g'234 $ ~ bo` ' N N G S R. 590 a xs --- -N.--~----1--------;:``N PUNT ----~ / ''' t r 1 , 2989 X9781 ' Y895~ ~I8221 411 1 I ••'I: I •1__._.: ~ YjE7: ~ B; ,29BS 1 __ ~ : _2_9_971 tI I 299 S 2969 ; ~° ~ --- 1820 1 1 lBllj i_?~.ELU 7968= 329s5~ ~ 4: ,16!07 ~i '1609: '29811 1' 70 2887: . 1 P (8781-' 1 1 f 7 i~Y7 1 1 : _ ;180 ,!896; ~°7J1 1~ Z 1701 ~ YeBP :18/17 ~i 1803: ; isdk ~ X781 28751 12986; !'~6~ ~-R$R!1 ~JHJ27 /801: ; 2988 ; 1 '"" I _. _::89..4.1 ......f ~ ~ 5 y • ------~-m_®~ ---- ------- I ~°~T-°- - ~ m . . -.._. r..._ :mmm: ..ti-~ m~ i fj ~ in l m ; o m .._._._, s~~ .Nmm; . W N~m,.._...1 .L-_ i„ -~ l'e .___._.- }~~~' b - N a A O` O m le m S .PV bt - . ~ m ~ v o _y~ _ , ----- - - --- • - m m , ~ m-t I N ~ ~ t-- . . I ~ ~ 2911 : '. /48s l:t 1191 1 ..~ i i ~i ~ /` 9^\ i 6 195 . • ?939: . t0 1 t ~ r;..._..-. ~ ~ r 1 Y93; 3f ,~~ ;t}, L!!!g ~1 ~.6.,~ r,, 11YB~sa~yslY ~ga+~ 9~ ' i i [ q . 96t ~ ° \ . ~ \ '~o Vie!.-' .~ .; 1166 tt ~ a. rio- `~~ ~ ``~~ ~...I-Z 0~ ` ` B '~ l ~ ' 'yJ j155 / ~.'+5917 1 .... C 51 ! '1 1 y, ~Id9' ~ 1, 117:... ' 0~ ~4 15; : ~ ~ 0 , ~ ; dP~• i 1 • 4 1 ' N • ' ; ',%~, 061" ~ BO ; ~ r ~ r 11571; ,1398.1 _-__ ---- . !~ ~ DIDG 1 ~ 101-!PI :~ ~y} 1 •.-..~Sd V .111 _ ~_-- '-eioc. i....---•-- BLDG ~ ~1-312 N SLOG __ 401-44Y SLOG 3 __601-53~ BLDC. 6 801-8IY ~~ 23/02 23/03 ZONING MAP lJI2 0 A 1700 O K O m a1 S OWNER: BaYridge Apartments LLC CASE: LUZ 2002-05004 SITE: 3021 S.R. 590 PROPERTY SIZE (ACRES): 10.05 ZONING LAND USE piN; 09-29-16-84343-000-0020 FROPot: IRT (IL) Industrial Limited ~HQp (RH) Residential High ATLAS 274A TO: PAGE: ---- TS 10-15 „° soxo-712s ------------ ; r-----------~ .__._._....-'-_..! ~ ~ J 1 1 1 1590 ISBO I ___i ~ i 1 : "-'-- ~ : i i ~ ~ 118201 ' pn_-M ~-. it ~ i 1 I j 1570) ~ ~ 1 1 `__ [CS • FA~f~ON SQUAf~~ ~ ;~_-~ ~ .-; j~ 1 ~ ~ 1 1580 ;; ~ ~ , 1 1810 ~ 1 .• `-•• ;~ 101-57 ' ' ` ' 1550 ~~ ~ I j 1 - :~ ~ ~ ., !i ~ i I I I ~ : 1 ~ j 7810 7' i 1 ~ i = 18001 ; jl _ ' , ~t~~ -~_-------_-~ l` 1 1680 '; ; BAYSIDE BRIDGE (~ ~ PLAZA 1620 f~. -_~,: ~i 1600 IB/O -. _ ~ ~~ p ~~, IIYB $~ -'~ _'/ 20. 1ny~Eyr. sxxo-ex2 Ordinance No. 7002-02 • • COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER July 23, 2002 Present: Carlen A. Petersen Shirley Moran Edward Mazur, Jr. Ed Hooper John Doran Absent: David Gildersleeve Alex Plisko Kathy Milam Also Present: Leslie Dougall-Sides Lisa Fierce Gina Clayton Patricia O. Sullivan Vice Chair Board Member Board Member Board Member Board Member Board Member Board Member Alternate Board Member Assistant City Attorney Assistant Planing Director Long Range Planning Manager Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A. APPROVAL OF MINUTES OF PREVIOUS MEETING: June 18, 2002 Member Hooper moved to approve the minutes of the regular meeting of June 16, 2002, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. B. REQUEST FOR CONTINUANCE: The following cases are requested to be continued to the August 20, 2002, CDB meeting. (Items 1 and 2): 1. Case: FLD 02-04-12 - 301 South Gulfview Boulevard Level Two Application Owners: Clearwater Seashell Resort, LC, AI-Nayem Intl. Inc./City of Clearwater Applicant: Clearwater Seashell Resort, LC. Representative: Ms. Chris Papandreas; King Engineering Location: 1.63-acres on east side of South Gulfview Boulevard, west of Coronado Avenue, approximately 400 feet south of First Street Atlas Page: 276A Zoning: T, Tourist District Request: Flexible Development application approval to permit a parking lot within the Tourist District and to reduce the side (north) setback from 10 feet to two feet (to pavement), reduce the side (south) setback from 10 feet to two feet (to pavement) and to reduce the front (east) setback along Coronado Avenue from 15 feet to three feet (to pavement), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803. Proposed Use: The proposal includes an interim surface parking lot with 155 parking spaces. Presenter: Mark T. Parry, Planner. mcd0702 1 07/23/02 • • AND 2. Case: DA 01-01-01 - 301 South Gulfview Boulevard Level Three Application Owners: Clearwater Seashell Resort, LC, AI-Nayem Int'I Inc./City of Clearwater. Applicant: Clearwater Seashell Resort LLC. .Representative: William J. Kimpton and Richard Gehring Location: 1.63 acres on east side of South Gulfview Boulevard, west of Coronado Drive, approximately 400 feet south of First Street Atlas Page: 276A Zoning: T, Tourist District Request: Review of, and recommendation to the City Commission on, a development agreement between Clearwater Seashell Resort LC and the City of Clearwater. Proposed Use: A 250-room hotel with ancillary restaurant/retail sales and service uses and a 750-space parking garage and the interim use of the site with a 155-space parking lot to be managed and operated by the City Presenter: Mark T. Pany, Planner Member Doran moved to continue Items B1, Case: FLD 02-04-12 and B2, Case: DA 01- 01-01 to August 20, 2002. The motion was duly seconded and carried unanimously. C. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owner, etc. and will be approved by single vote at the beginning of the meeting. (Items 1-5) 1': Case: LUZ2002-05004 - 3021 State Route 590 Level Three Application Owner/Applicant: Bayridge Apartments, LLC Representative`. T. Truett .Gardner Location: 1'0.05 acres on south side of SR 590; approximately 685 feet west of McMullen=Booth Road Atlas Page: 274A Request: (a) Land Use Plan amendment from IL, Industrial Limited Category to RH, Residential High Category (b) Rezoning from IRT, Industrial, Research, Technology District to MHDR, Medium High Density Residential District Proposed Use: Existing multi-family residential development Presenter: Marc A. Mariano, Planner The 10.05 acre subject site is located in the Industrial, Research, Technology (IRT) zoning district and is occupied by six (6) three-story structures housing 222 multi-family residential units and one (1) structure utilized as an office/pool house. The Industrial, Research, Technology (IRT) District does not permit multi-family dwellings; therefore, this property is a non-conforming use. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Industrial Limited (IL) category to the Residential High (RH) category and to rezone it from the Industrial, Research, Technology (IRT) District to the Medium High Density Residential (MHDR) District, to render this site conforming. When the property was developed in 1990 it was the residential portion of the Clearwater Market Place, a Certified Site Plan for the South Oaks Fashion Square subdivision, which included residential mcd0702 2 07/23/02 • • and retail development. The site was zoned Industrial Planned Development (IPD) and had a City of Clearwater Future Land Use Plan designation of Industrial Limited (IL). In 1994, the current owners purchased the subject and developed it as the Bayridge Apartments. When the new Community Development Code was adopted in 1999, this property's zoning designation was changed to the Industrial, Research, Technology (IRT) District. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment, review and approval by the Florida Department of Community Affairs is required. An amendment to the Future Land Use Plan from Industrial Limited (IL) to Residential High (RH) and a rezoning from the Industrial, Research, Technology (IRT) District to the Medium High Density Residential (MHDR) District for the subject property is necessary to bring this existing non-conforming residential use into conformity with the Community Development Code. The neighborhood is surrounded by retail uses to the east, single-family residential and office uses to the north, multi-family uses to the west and open space and utility uses to the south. The existing residential use blends into the surrounding neighborhood and serves as a transition between commercial uses to the east. The proposed Residential High Future Land Use classification and Medium High Density Residential District are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends approval to amend the Future Land Use Plan designation of 3021 State Route 590 (Lot 2, South Oaks Fashion Square) from Industrial Limited (IL) to Residential High (RH); and amend the zoning district designation of 3021 State Route 590 (Lot 2, South Oaks Fashion Square) from Industrial, Research, Technology (IRT) to Medium High Density Residential (MHDR). AN D 2. Case: REZ2002-05002 - 1214 Franklin Circle Level Three Application Owner/Applicant: Alpina Investment, Inc. Representative: Marcel Ruetsche Location: 0.176 acres on east side of Franklin Circle, 750 feet south of Cleveland Street and 300 feet east of Missouri Avenue Atlas Page: 2878 Request: Rezoning from O, Office District to MDR, Medium Density Residential District Proposed Use: 4,425 square foot, single-family dwelling Presenter: Marc A. Mariano, Planner The subject site is located approximately 750 feet south of Cleveland Street and 300 feet east of Missouri Avenue in the Office (O) District and is occupied by an unfinished, two story, single-family structure. In 1998, a previous owner initiated the construction of the structure on a vacant lot, but abandoned the project prior to completion. When initial work began on the property it was zoned Office Limited (OL) under the City's previous zoning code and the mcd0702 3 07/23/02 • • approval of pending Land Use Plan amendment and rezoning applications, for the property, by the City Commission (LUZ 01-09-08 and LUZ2002-02001); 2) That no building permits be issued for the townhouse development prior to recording final plats subdividing Parcel 2 for the office lot and for the townhouse development, providing for all necessary easements; 3) That the site plan be revised to provide required parking (105 spaces) and that the parking spaces adjacent to Harn Boulevard be redesigned to meet the required 10-foot side setback, prior to the issuance of any permits; 4) That the landscape plan be amended to include perimeter buffering in accordance with Section 3-1202.D, prior to the issuance of permits; 5) That the monument sign not exceed six feet in height and be coordinated with the design and color of the residential buildings; and 6) That Open Space, Recreation Land and Recreation Facility impact fees be satisfied prior to the issuance of building permits or final plat, whichever occurs first. Assistant Planing Director Lisa Fierce reported Northside Engineering Services, Inc. no longer represents the applicant. Member Hooper moved to approve Items C1, C2, C3, C4, and C5, with conditions as listed, Cases LUZ2002-05004; REZ2002-05002, FLD2002-05015, FLD2002-05013, and FLD 02-04-10. The motion was duly seconded and carried unanimously. D. LEVEL TWO APPLICATIONS: (Item 1) D1. Case: FLD2002-05014 -1370 Gulf Boulevard Owner: The Renaissance on Sand Key, Inc. Applicant: Dalton East, LLC. Representative: Todd Pressman. Location: 1.765 acres on west side of Gulf Boulevard, approximately one mile south of Clearwater Pass bridge. This includes 1.045 acres of HDR and 0.72 acres of OS/R. Atlas Page: 3036 Zoning: HDR, High Density Residential District and OS/R, Open Space and Recreation District Request: Flexible Development approval to increase the height of a proposed building from 30 feet to 80 feet, reduce the side (south) setback from 10 feet to zero feet (to pavement) and reduce the required front (east) setback along Gulf Boulevard from 25 feet to 20 feet (to pavement), under the provisions of Section 2-504.A, with a Comprehensive Landscape Program. Proposed Use: A 31-unit attached dwelling development within an 80-foot building. Presenter: Wayne Wells, Senior Planner. Member Hooper declared a conflict of interest and recused himself. Due to a lack of quorum, Item D1, Case: FLD2002-05014 was continued automatically to August 20, 2002. mcd0702 11 07/23/02 .~ CITY COMMISSION MEETING CITY OF CLEARWATER August 22, 2002 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Also present: William B. Horne II Gant' Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan • Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Deacon Grevenites, St. Brendan's Catholic Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 -Service Awards One service award was presented to a City employee. ITEM #4 -Introductions. Awards, and Presentations a) 2002 Legislative Wrap-up: Representative Frank Farkas -Chairman Pinellas County Legislative Delegation and Representative John Carassas Representative John Carassas reviewed legislative issues addressed this year. The Mayor presented him with a plaque in appreciation of work done during 20021egislative session. Representative Frank Farkas addressed the Commission. The Mayor presented him with a plaque in appreciation for his service as Chair of the Pinellas County Legislative Delegation. b) Graduation of Citywide Leadership Group Graduates of the Citywide Leadership Program were recognized and presented plaques. c) Pinellas County Library Cooperative Grants Library Director John Szabo presented two checks to the City Commission from the Pinellas County Library Cooperative, representing grants: 1) $100,000 -construction of new North Greenwood Library; and 2) $100,000 -construction of new Main Library. mcc08b02 1 08/22/02 ,~ • • Commissioner Gray moved to approve an amendment to the Development Agreement between the Clearwater Seashell Resort LC and the City of Clearwater which provides for the interim use of the property as a public parking lot; extends the time frames for both the hotel project and interim project; provides lease terms for the parking lot; adds a provision requiring the City to purchase the property under certain conditions; authorizes staff to establish a new capital improvement project to purchase the site for up to $6 million; and approves an interFund loan of $2 million from the Central Insurance Fund and $2 million from the General Fund and commits $2 million of the retained earnings of the Parking Fund to total $6 million of the estimated project cost and the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Gray, Hamilton, Hibbard, and Mayor Aungst voted "Aye"; Commissioner Jonson voted "Nay." Motion carried. _,P~ ihlir Naarinn R and Rezoning for property at 3021 State Road 590 (Lot 2, South Oak Fashion Square in Si 09, Township 29 South, Range 16 East)_(Bayridge Apartments, LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 PLD This site is located on the south side of State Route 590, approximately 725 feet west of McMullen Booth Road. The subject site is approximately 10.05 acres in area and is currently developed with six (6) three-story structures housing 222 multi-family residential units and one (1) structure utilized as an office/pool house. The purpose of the land use plan amendment and rezoning is to bring an existing use into conformity with the Community Development Code. When the property was developed in 1990, it had a land use plan designation of Industrial Limited (IL) and was zoned Industrial Planned Development (IPD), which considered the use to be conforming. The (IPD) zoning designation was reclassified to the Industrial, Research, Technology (IRT) District when the new Community Development Code was adopted in 1999. The IRT zoning district does not permit mufti-family dwellings, therefore, the existing Bayridge Apartments complex is a legal non-conforming use. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Industrial Limited (IL) category to the Residential High (RH) category. Additionally, a zoning atlas amendment is requested to rezone this property from Industrial, Research, Technology (IRT) District to the Medium High Density Residential (MHDR) District to render this site conforming. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The potential range of uses and the specific proposed use are 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. Department of Community Affairs approval is required prior to second reading of the Ordinances. mcc08b02 7 08/22/02 • • • Commissioner Hibbard- moved to approve a Land Use Plan Amendment-from Industrial Limited (IL) to Residential High (RH) and a Zoning Atlas Amendment from,lndustrial, Research, a Technology (IRT) to Medium High Density Residential (MHDR) for property located at 3021 State Route 590 (Lot 2 South Oaks Fashion Square in Section 09, Township 29 South, Range 16 East). The motion was. duly seconded and carried :unanimously. ' The City Attorney presented Ordinance #7001-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7001-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attomey presented Ordinance #7002-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7002-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Item #11 -Public Hearing & First Reading Ord #7006-02 - Rezoningo__f property at 1214 Franklin Circle (Lot 5, Block J, Hibiscus Garden in Section 15, Township 29 South, Range 15 East) (Alpina Investment, Inc.) REZ 2002-05002 PLD The subject property is located 750 feet south of Cleveland Street and 300 feet east of Missouri Avenue. This site is approximately 0.176 acres in area and is currently developed with an unfinished single-family structure. The purpose of the zoning change is to bring an existing use into conformity with the Community Development Code. When initial development began on the property in 1998, it was zoned Office Limited (OL) and the development was conforming. The OL zoning designation was reclassified to the Office (O) District when the new Community Development Code was adopted in 1999. The Office zoning district does not permit single-family dwellings outside of a mixed-use district, therefore, the existing facility is a legal non-conforming use. Currently, the subject site has a Future Land Use Plan designation of Residential/Office General. The proposed Medium Density Residential (MDR) zoning district is consistent with this plan category. This district permits 15 dwelling units per acre and the site density is compliant. The Planning Department determined that the proposed rezoning is consistent with the following standards specified in the Community Development Code: 1) The proposed rezoning application is consistent with the Comprehensive Plan; 2) The proposed rezoning provides consistency between the City's zoning map and Future Land Use Map; 3) There will be no adverse impacts on public facilities and their level of service; 4) The district boundaries are appropriately drawn with regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment; and 5) The potential range of uses and the specific proposed use are compatible with the surrounding area. mcc08b02 8 08/22/02 ~ 3021 SR 590 ~ Bayridge Apartments - LUZ2002-05004 Site view looking west Site view looking southwest View looking north View looking west View looking south View looking southeast • • City of Clearwater Proposed Local Government Comprehensive Plan Amendment First Submittal 2003 May 14, 2003 LUZ2002-09010 The Pools at Windward Passage Homeowner's Association Plan Amendment • CDB Meeting Date: November 19.2002 Case No.: LUZ 2002-09010 Agenda Item: C-6 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: The Pools at Windward Passage Homeowners' Association REPRESENTATIVE: Joseph W. Gaynor LOCATION: 209-229 Windward Passage Generally located on the south side of Windward Passage, approximately 450 feet north of Memorial Causeway. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Commercial General (CG) to Residential Medium (RM), and SITE INFORMATION: To rezone from the CommerciaUIsland Estates Neighborhood Conservation Overlay District (C/IENCOD) District to the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (1VITIDR/IENCOD) District. PROPERTY SIZE: 38,027 square feet or 0.87 acres DIMENSIONS OF SITE: 300 feet by 135 feet. (combined lots) m.o.l. PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: Eleven fee-simple townhomes Eleven fee-simple townhomes Commercial General (CG) Residential Medium (RM) Staff Report -Community Development Board -November 19, 2002 -Case LUZ2002-09010 Page 1 of 8 • ZONING DISTRICT: • Current District: CommerciaUIsland Estates Neighborhood Conservation Overlay District (C/IENCOD) Proposed District: Medium High Density ResidentiaUIsland Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) EXISTING SURROUNDING USES: North: Marina South: Water East: Marina West: Park ANALYSIS Introduction The 0.87 acre subject site is located in the CommerciaUIsland Estates Neighborhood Conservation Overlay District (C/IENCOD) and is occupied by two (2), two-story structures housing eleven (11)fee-simple, multi-family residential units. In 1997, the site was developed as a Commercial Planned Development (CPD), which allowed stand alone residential development and was consistent with the underlying Commercial General (CG) Future Land Use Plan designation. When the new Community Development Code was adopted in 1999, the property's zoning designation was reclassified to the Commercial (C) District, and recently to the CommerciaUIsland Estates Neighborhood Conservation Overlay District (C/IENCOD), making it consistent with the Commercial General (CG) Future Land Use Plan category. The CommerciaUIsland Estates Neighborhood Conservation Overlay District (C/IENCOD) does not permit stand alone multi-family dwellings; therefore, this property is a legal, non-conforming use. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential Medium (RM) category and to rezone it from the CommerciaUIsland Estates Neighborhood Conservation Overlay District (C/IENCOD) to the Medium High Density ResidentiaUIsland Estates Neighborhood Conservation Overlay District (1VII3DR/IENCOD), to render this site conforming. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density allowed by this plan amendment, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN Applicable Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.2 Objective -Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. Staff Report -Community Development Board -November 19, 2002 -Case LUZ2002-09010 Page 2 of 8 • • 3.2.2 Policy -Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. 21.3 Objective -Overall density shall be retained and not increased in Clearwater's coastal zone, except as otherwise permitted in the Futher Land Use Element of the Comprehensive Plan. Transfer of development rights between beach parcels is allowed per the Community Development Code and by Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Approval of this Land Use Plan amendment will reduce the maximum permitted density from 24.0 dwelling units in the Commercial General Future Land Use Plan category to 15.0 dwelling units, therefore reducing the maximum permitted level of residential population in the Coastal High Hazard Area. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Applicable regulations from the Countywide Plan are as follows: 2.3.3.3.1 Residential Medium (RM). Purpose -- It is the purpose of this category to 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. Locational Characteristics -- 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. The proposed use of the property is consistent with the RM category in that the project will be limited to residential use; in addition, the site's adjacency to Island Way provides sufficient access to major arterial roadways in the area for the residents of the complex. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD The subject site is approximately 0.87 acres in size and could allow 13 dwellings units based on a maximum density of 15 dwelling units per acre in the proposed Residential Medium (RM) plan Staff Report -Community Development Board -November 19, 2002 -Case LUZ2002-09010 Page 3 of 8 • • category. Current uses allowed in the Medium High Density Residential zoning district include schools, attached dwellings, detached dwellings, community residential homes, nursing homes, places of worship, assisted living facilities, retail sales, overnight accommodations, utility and infrastructure facilities, congregate care, parks and recreation facilities, residential infill projects and residential shelters. State Route 60 Corridor The SR 60 corridor between the Memorial Causeway Bridge and Clearwater Beach is characterized primarily by open space, utility/infrastructure facilities and parks. The Countywide Future Land Use Plan has designated land in the surrounding area as Recreation/Open Space (R/OS). The Recreation/Open Space is the only land use plan designation to the north, south, east and west of the corridor. Immediate Surrounding Area The Future Land Use Plan (FLUP) for the immediate surrounding area along the north, northwest, west and southeast portion of the subject site is Commercial General (CG). The Residential Medium (RM) plan category extends to the east and northeast of the subject property. The existing surrounding uses include a marina to the north, northwest and southeast. A park is located to the east, Clearwater Harbor to the south and multi-family dwellings to the northeast. The proposed Future Land Use Plan designation and rezoning is in character with the overall FLUP designations along this block and compatible with surrounding uses. IV. SUFFICIENCY OF PUBLIC FACILITIES The subject site is approximately 0.87 acres and would allow 20 dwelling units or a 20,915 square foot building, based on a maximum density of 24.0 dwelling units per acre and a FAR of 0.55 in the current Commercial General (CG) Future Land Use Plan category. Based on a maximum permitted density of 15.0 dwelling units per acre under the proposed Residential Medium (RM) plan category, a maximum of 13 dwelling units could be constructed on this site provided all code requirements are met. However, the applicant's intention for this Future Land Use and Zoning amendment is only to bring a legal, non-conforming structure into compliance with the City's Community Development Code and continue the current use. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. Staff Report -Community Development Board -November 19, 2002 -Case LUZ2002-09010 Page 4 of 8 • • ~ `x~~~r _ 1~~ir~YillUtii POTE~NTI:~i, TRAFFIC' ~ '~ ~ 'i-, t ..a• Current. ..;Existing ~~ po'sed . Pr o ~ I`~ef~Neiv :;- ` .alt ~ Ed~~`~~~ ~1~60) U~;tIOIl ,.I'la 1 ~ bll~ab 1 :1 l ~ 77 ~~ :a~;*!~~N f~ ~n~~~~ 't' S , S , 4 r~ld .s~;1 Maximum Dail Added Potential Tri s N/A 405 83 -322 Maximum PM Peak Hour Added Potential Tri s3 N/A 50 10 -40 Volume of Memorial Causewa from SR580 to SR 60 17,644 18,049 17,727 17,322 LOS of Memorial Causewa from Drew Street to SR 60 F F F F N/A =Not Applicable LAS =Level-of-Service 1 =Based on PPC calculations of 465 trips per acre per day for the Commercial General Future Land Use Category. 2 =Based on PPC calculations of 96 trips per acre per day for the Residential Medium Future Land Use Category. 3 =City Calculation of 12.5% Source: "The Rules" ojthe Countywide Future Land Use Plan The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Memorial Causeway segments in the vicinity of this site a level of service (LOS) F. The proposed use of the application will not increase the existing capacity of any of the surrounding roadways and will not have a negative effect on the segments level of service. Specific uses in the current and proposed zoning districts have also been analyzed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. ~~ BASED ON FFIC INIP~CTS 2 ~ STAIV4RD ~• ~ ~~ I .E~hi~NU~L - ~ - T1 .~~;, ` Units/Square Daily Trips . nails Trips- Net Increase PI~I Netltic ; ~'~~ ~~~-r Foota e "_~ Ex~stingr Pru'posed _ ~ ~ o_ f Average -.Pak „~ of~~,.l~l~f Pei.; ~ : Uss _, ,' ~ ' ; sI'.e,~~nutd ' Zo~tin Tr~ Ise; :, ~~;lfr~ ,~," x Zonin liY Trt s „, Quality Restaurant (89.95 Weekday trips/1000 sq. ft.) 20,915 sq. ft. 1881 N/A 1840 188 182 (9.02 PM Peak hr trips/] 000 sq. ft) Condominium/Townhouse (Maximum Potential) 13 N/A 76 12 7 1 (5.86 Weekday trips/dwelling unit) (0.54 PM Peak trips/dwelling unit) Townhouse (G~trrent/Proposed Use) 11 N/A 64 N/A 6 N/A (5.86 Weekday trips/dwelling unit) (0.54 PM Peak trips/dwelling unit) General Office Bldg. (11.01 Weekday trips/1000 sq. ft.) 20,915 sq. ft. 230 N/A 166 31 157 (1.49 PM Peak trips/1000 sq. ft) N/A -Not Applicable Source: ITE Tri Generation Manual, 6th Ed, 1997 Based on the applicant's currentlproposed use of the subject site, the City of Clearwater Traffic Engineer has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in any degradation of the existing LOS to Island Way and/or State Route 60. There will be no impact on the operational efficiency of the signalized intersections of Island Way and State Route 60. Staff Report -Community Development Board -November 19, 2002 -Case LUZ2002-09010 Page 5 of 8 • • 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 located within '/o mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along State Route 60. Water The current zoning district could demand approximately 2,091 gallons per day. Under the proposed zoning district, water demand could approach approximately 3,250 gallons per day: As this is an existing multi-family residential complex and the use will not change, the proposed amendment will not affect the City's current LOS for water. Wastewater The current zoning district could demand approximately 1,672 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 2,600 gallons per day. As this is an existing multi-family residential complex and the use will not change, the proposed amendment will not affect the City's current LOS for wastewater. Solid Waste The current zoning could result in 56 tons of solid waste per year for a commercial site. Under the proposed zoning district, there could be approximately 32 tons of solid waste generated per year. As this is an existing multi-family residential complex and the use will not change, the proposed amendment will not affect the City's current LOS for solid waste disposal. Recreation and Open Space As this is an existing multi-family residential complex and the use will not change, the proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities. V. IMPACT ON NATURAL ENVIRONMENT As this is an existing multi-family residential complex and the use will not change, the proposed land use plan amendment and rezoning will not have additional negative impacts on the natural environment. In addition, the existing structures have been constructed above the base flood elevation as required by City code. VI. LOCATION OF DISTRICT BOUNDARIES The location of the proposed Residential Medium (RM) boundaries are logical and an appropriate classification between park uses to the west and marina uses on the north and east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. Staff Report -Community Development Board -November 19, 2002 -Case LUZ2002-09010 Page 6 of 8 • • VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS The proposed Medium High Density ResidentiaUIsland Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) permits a FAR of 0.50 and the existing CommerciaUIsland Estates Neighborhood Conservation Overlay District (C/IENCOD) permits a slightly more intensive FAR of 0.55. The 0.75 ISR of the proposed MHDR/IENCOD is considerably less than the current C/IENCOD at 0.95. The size of the site is 38,027 squaze feet, which exceeds the minimum lot area requirement of 15,000 square feet required by the MHDR/IENCOD zoning district. Therefore, the parcel meets size requirements of the proposed District and the existing residential use is permitted in the MHDR/IENCOD. The subject site is part of a Certified Site Plan (CSP), which created the Commercial Planned Development (CPD) zoning for the site. Side and rear setbacks approved through this CSP do not comply with current code requirements, however are legally permitted through the CSP. 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. The existing and proposed use of this property is consistent with the Medium High Density ResidentiaUIsland Estates Neighborhood Conservation Overlay District regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Commercial General (CG) to Residential Medium (RM) and a rezoning from the CommerciaUIsland Estates Neighborhood Conservation Overlay District (C/IENCOD) to the Medium High Density ResidentiaVIsland Estates Neighborhood Conservation Overlay District (1V1TIDR/IENCOD) for the subject property is necessary to bring this existing non-conforming residential use into compliance with the Community Development Code. The neighborhood is surrounded by marina uses to the north, northwest and east; a park use to the west; Clearwater Harbor to the south and multi-family residential to the' northeast. The existing residential use blends into the surrounding neighborhood and serves as a transition between marina uses to the east and north and park to the west. In addition, amendment to the Future Land Use Plan category of this site will reduce the permitted density in the Coastal High Hazard Area from 24 dwelling units per acre to 15 dwelling units per acre. The proposed Residential Medium Future Land Use Plan classification and Medium High Density ResidentiaUIsland Estates Neighborhood Conservation Overlay District aze consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Staff Report -Community Development Board -November 19, 2002 -Case LUZ2002-09010 Page 7 of 8 • • The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 209-221 Windward Passage from Commercial General (CG) to Residential Medium (RM), and 2. Amend the zoning district designation of 209-221 Windward Passage from the CommerciaUIsland Estates Neighborhood Conservation Overlay District (C/IENCOD) to the Medium High Density ResidentiaUIsland Estates Neighborhood Conservation Overlay District (MHDR/IENCOD). Prepared by Planning Department Staff: Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph of Site and Vicinity Existing Surrounding Uses Zoning Map Land Use Plan Map S:IPlanning DepartmentlCD BlLand Use AmendmentslLUZ 20021LUZ2002-09010 209-129 Windward Passage The Pools at Windward Pnssage Stafj`'Report.doc Staff Report -Community Development Board -November 19, 2002 -Case LUZ2002-09010 Page 8 of 8 ~ ~ NOTICE OF REZONING AND LAND USE PLAN AMENDMENT PUBLIC HEARING NOTE: All persons wishing to address an item need to be present at the BEGINNING of the Community Development Board meetin~2. Those cases that are not contested by the applicant. staff. nei~hborinp property owners. etc. will be placed on a consent agenda and approved by a single vote at the be~2inninQ of the meeting. Schedule of Public Hearings: Tuesday, November 19, 2002 before the Community Development Boazd, at 2:00 p.m. Thursday, December 5, 2002 before the City Commission (1st Reading), at 6:00 p.m. All public heazings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. (The Pools at Windwazd Passage Homeowners' Association) LUZ 2002-09010 The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE N0.7056-03 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 IN THE ISLAND ESTATES NEIGHBORHOOD DISTRICT ON THE SOUTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 1350 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOTS 1 - 11, THE POOLS OF WINDWARD PASSAGE, WHOSE POST OFFICE ADDRESS IS 209 - 229 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL TO RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE. ORDINANCE N0.7057-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED IN THE ISLAND ESTATES NEIGHBORHOOD DISTRICT ON THE SOUTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 1350 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOTS 1 - 11, THE POOLS OF WINDWARD PASSAGE, WHOSE POST OFFICE ADDRESS IS 209 - 229 WINDWARD PASSAGE, FROM COMMERCIAUISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY (C/lENCO) TO MEDIUM HIGH DENSITY RESIDENTIAL/ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY (NI~IDR/IENCO); PROVIDING AN EFFECTIVE DATE. Interested parties may appear and be heard at the heazing 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 Commission, with respect to any matter considered at such hearings, 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 appeal is to be based per Florida Statute 286.0105. An oath will be administered sweazing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL, 33756, or call (727) 562-4567. Gina Clayton Cynthia E. Goudeau, CMC Planning Department City Clerk City of Cleazwater, P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Ad: 11/03/02 • • ORDINANCE NO. 7056-03 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 IN THE ISLAND ESTATES NEIGHBORHOOD DISTRICT ON THE SOUTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 1350 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOTS 1- 11, THE POOLS OF WINDWARD PASSAGE, WHOSE POST OFFICE ADDRESS IS 209 - 229 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL 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 COMMISSION 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 That portion of Lots 1-11, The Pools of Windward Passage, Plat Book 118, Pages 63-64, Public Records of Pinellas County, Florida, Lying northerly of the seawall (LUZ 2002-09010) Land Use Category From: Commercial General To: Residential Medium Section 2. The City Commission 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 Ordinance No. 7056-03 • • PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Douga I-Sid s Assistant City Attorney Attest: Cynthia E. 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Location 1VI~ 71ze Pools at Windward Passage ~~ ~~H 209-229 W1ndward Passage LU2'2002--09010 1 "=1320' __ $ONER5E7 ~ ` ~ \ p o IDLENALD 6 OIENDALE RO YAL Y NEIL BAY 0 AVALON w v t 1~~ KENDALL Jiadlo Z ~ c Z O O N 9 ESPLANAD E ~ PROJECT ROCI(AWAY SITE +1p1 i P ~, BAYK'AY ~.w G~ ~ s~ °c ~~diu.....~ ~~'~e~-~; =- CITY OF CLEARWATER. FI.oRIDA ,,,., ~ PUBLIC 1NORKS ADMINISTRATION ~ o ENGINEERING n `°rE~+ F.S~,~ J .,~ • • ''" \~ "" \ \ ~' tea„ Clearwater 3Car6or 4~ ~.~1 ~ ~--~ a ~% ~~~~~ _.~ _ a I Clearwater 3-far6or ~~~ o~~ \ ~ ~q Gs F~ e '9Y rror ro acuE .~ „~ ,. ~' ~ N r m~ y z o v' y L ~~ y "~ Multi- -G ~ ' y Residential DORY PASSAGE ~WM. ,a ~* ~ ', O~ Q i .b IM ~ M19 M1~O~ ~~,~ ~4r~• ~, ti '~ ~'QO P~~de ~,~a ~ A'9s ~~fa! ~s,~ ~. ~ ~F ';;,Retail ,~ &E xg ,a 8 {~ 3 ~~~ 4~' ~ ~ ~~j ,~ PIN: 08/29/IS/72590/000/0010 08/29/15/72590/000/0020 OS/29/15/72590/000/0030 OS/29/15/72690/000/0040 08/29/15/72590/000/0050 OS/29/1S/72590/000/0060 OS/29/15/72590/000/0070 08/29/15/72590/000/0080 08/29/15/72590/000/0090 O8/29/IS/72590/000/OI00 OS/29/IS/72590/000/0110 EXISTING SLIRROLINDING LAND LISE MAP OWNERS: The Pools At Windward Passage CASE: LUZ 2002-09010 209-229 Windward Passage SITE: 209-229 Windward Passage PROPERTY SIZE (ACRES): 0.87 ZONING LAND USE PIN: See Above FROM: C/IENCOD CG ATLAS PAGE: 2676 TO: MHDR/IENCOD RM S:\PlanninR Departrnent\C D B\Annexations\Case Maps\LUZ2002-09010 ~ • ORDINANCE NO. 7057-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT ON THE SOUTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 1350 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOTS 1- 11, THE POOLS OF WINDWARD PASSAGE, WHOSE POST OFFICE ADDRESS IS 209 - 229 WINDWARD PASSAGE, FROM COMMERCIAUISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT(C/IENCOD) TO MEDIUM MGH DENSITY RESIDENTIAUISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT (MHDR/IENCOD); 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 COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property iri Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Pro ert That portion of Lots 1-11, The Pools of Windward Passage, Plat Book 118, Pages 63-64, Public Records of Pinellas County, Florida, Lying northerly of the seawall (LUZ 2002-09010) Zoning District From: Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) To: Medium High Density Residential/ Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) 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 705003 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 Ordinance No. 7057-03 • PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney • Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7057-03 • ZONING MAP OWNER: The Pools at Windward Passage CASE: LUZ 2002-09010 209-229 Windward Passage SITE: 209-229 Windward Passage PROPERTY SIZE (ACRES): 0.87 ZONING LAND USE pIN: SEE ABOVE FROM: C / IENCOD CG TO: MHDR / IENCOD RM ATLAS 2678 PAGE: PROPOSED FLITLIRE LAND LISE PLAN MAP OWNERS: The Pools At Windward Passage CASE: LUZ 2002-09010 209-229 Windward Passage SITE: 209-229 Windward Passage PROPERTY SIZE (ACRES): 0.87 ZONING LAND USE PIN: See Above FROM: C/IENCOD CG ATLAS PAGE: 2676 TO: MHDR/IENCOD RM S:\PlanninR Departrnent\C D B\Annexations\Case Maps\LUZ2002-09010 • • COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER November 19, 2002 Present: Carlen A. Petersen Ed Hooper David Gildersleeve Edward Mazur, Jr. Shirley Moran Alex Plisko John Doran Kathy Milam Also Present: Leslie Dougall-Sides Cyndi Tarapani Lisa Fierce Gina Clayton Patricia O. Sullivan Chair Vice Chair Board Member Board Member Board Member Board Member Board Member -arrived 2:22 p.m. Alternate Board Member -voting/non-voting Assistant City Attorney Planning Director Assistant Planning Director Long Range Planning Manager Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Member Moran moved to approve the minutes of the regular meeting of September 17, 2002, as submitted in written summation to each board member. The motion was duly seconded. Members Hooper, Gildersleeve, Mazur, Moran, and Plisko, Alternate Member Milam, and Chair Petersen voted "Aye." Motion carried unanimously. Member Mazur moved to approve the minutes of the regular meeting of October 15, 2002, as submitted in written summation to each board member. The motion was duly seconded. Members Hooper, Gildersleeve, Mazur, Moran, and Plisko, Alternate Member Milam, and Chair Petersen voted "Aye." Motion carried unanimously. B. CONSENT AGENDA (Items 1-8) Item C1 was removed from the Consent Agenda. 1. Case: FLD2002-09031 -14 Somerset Street Level Two Application Owner: CBGAM, Incorporated. Applicant: Uday Lele, White Sands, LLC. Location: The 0.50-acre site is located on the north side of Somerset Street approximately 150 feet west of Mandalay Avenue. Atlas Page: 258A. Zoning: MHDR, Medium High Density Residential District. Request: mcd 1102 1 11 /19/02 place of worship use will blend into the existing neighborhood and serve as a buffer between the low medium density residential and institutional uses to the north, south, east and west. Finally, the proposed Institutional Future Land Use Plan classification and Institutional zoning district are consistent with the City and the Countywide Comprehensive Plans, are compatible with the surrounding area, do not require nor affect the provision of public services, are compatible with the natural environment, and are consistent with the development regulations of the City. The Planning Department recommends approval of the following actions: 1) Amend the Future Land Use Plan designation of 10 East Meadowlark Lane; 3001-3062 Chesapeake Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032 Eastwood Street; & 3036 Eastwood Street from Residential Low Medium (RLM) and Residential Urban (RU) to Institutional (I) (pending case #ANX 2002-09015) and 2) Amend the Zoning District designation of 10 East Meadowlark Lane; 3001-3062 Chesapeake Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032 Eastwood Street; & 3036 Eastwood Street from R-2, Single Family Residential (County), MHP, Mobile Home Park (City) & LMDR, Low Medium Density Residential (City) to the I, Institutional (City) zoning district (Pending Case ANX 2002-09015). Member Hooper moved to recommend approval of Consent Agenda Item B6 -Case ANX2002-09015 and Item B7 -Case LUZ2002-09009. The motion was duly seconded. Members Mazur, Moran, Plisko, Hooper, and Doran, and Chair Petersen and Alternate Member Milam voted "Aye." Motion carried unanimously. Member Gildersleeve abstained. 8. Case:_LUZ2002-0901.0 - 209 - 2291Nindward Passage .Level Three Application Owner/Applicant: The Pools at Windward Passage Homeowners' Association., Representative: Joseph W. Gaynor. Location: Eleven parcels totaling 0.87 acre, located in the Commercialllsland Estates Neighborhood Conservation-Overlay District on the south. side of Windward Passage, approximately 450 feet north of Memorial Causeway. Atlas Rage; 2676. Request: a) Land Use Plan amendment from Commercial General (CG) to Residential Medium (RM) Category; and b) Rezoning from Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) to Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) District. Proposed Use: Eleven, existing fee-simple town homes. Presenter: Marc A. Mariano, Planner. The 0.87 acre subject site is located in the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) and is occupied by two (2), two-story structures housing eleven (11)fee-simple, multi-family residential units. In 1997, the site was developed as a Commercial Planned Development (CPD), which allowed stand alone residential development and was consistent with the underlying Commercial General (CG) Future Land Use Plan designation. When the new Community Development Code was adopted in 1999, the property's zoning designation was reclassified to the Commercial (C) District, and recently to the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD), making it consistent with the Commercial General (CG) Future Land Use Plan category. The Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) does not permit stand alone multi-family dwellings; therefore, this property is a legal, non-conforming use. The applicant is proposing to amend the Future Land Use Plan designation of this property from mcd 1102 13 11 /19/02 • • the Commercial General (CG) category to the Residential Medium (RM) category and to rezone it from the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) to the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD), to render this site conforming. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density allowed by this plan amendment, review and approval by the Florida Department of Community Affairs is required. An amendment to the Future Land Use Plan from Commercial General (CG) to Residential Medium (RM) and a rezoning from the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) to the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) for the subject property is necessary to bring this existing non-conforming residential use into compliance with the Community Development Code. The neighborhood is surrounded by marina uses to the north, northwest and east; a park use to the west; Clearwater Harbor to the south, and multi-family residential to the northeast. The existing residential use blends into the surrounding neighborhood and serves as a transition between marina uses to the east and north and park to the west. In addition, amendment to the Future Land Use Plan category of this site will reduce the permitted density in the Coastal High Hazard Area from 24 dwelling units per acre to 15 dwelling units per acre. The proposed Residential Medium Future Land Use Plan classification and Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District are consistent with both the City and the Countywide Comprehensive Plans, are compatible with the surrounding area, do not require nor affect the provision of public services, are compatible with the natural environment and are consistent with the development regulations of the City. The Planning Department recommends approval of the following actions: 1) Amend the Future Land Use Plan designation of 209-221 Windward Passage from Commercial General (CG) to Residential Medium (RM) and 2) Amend the zoning district designation of 209-221 Windward Passage from the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) to the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD). Member Hooper moved to recomrriend approval of Consent Agenda Item-68 -...Case LUZ2002-09010. Themotion was duly seconded: Members:Gildei=sleeve, Mazur, Moran, Plisko,_,Hooper, and Doran, and Chair Petersen voted "Aye." 'Motion carried unanimously. Alternate Member Milam did not vote.. C. NON-CONSENT AGENDA (Items 1-2) 1. Case: FLD2002-09026- 200 Brightwater Drive Level Two Application Owner/Applicant: Roland Rogers, Brightwater Townhomes, LLC. Representative: William Woods, Woods Consulting, Inc. Location: The 0.54acre site is located on the north side of Brightwater Drive, approximately 1,500 feet east of Hamden Drive. Atlas Page: 276A. Zoning: T, Tourist District. mcd 1102 14 11 /19/02 • CITY COMMISSION MEETING CITY OF CLEARWATER December 5, 2002 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Also present: Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Brenda Moses • Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:05 p.m. at City Hall. The invocation was offered by Pastor Thomas Jones, Flowing River Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 -Introductions, Awards and Presentations: a) Proclamation -Miniature Art Month -January 2003 Carol Curtis and Herb Reed of the Miniature Arts Society expressed their appreciation. b) Presentation -Mayor's Cup win at the Festival of Trees Silas Beach and Jay Gould presented Mayor Aungst with the Mayor's Cup for Best Decorated Tree Submitted by a City at the Festival of Trees. c) "Making a Difference" Award from Clearwater Neighborhood Housing Services Isay Gulley, Executive Director of CNHS (Clearwater Neighborhood Housing Services), presented an award to the City for its partnership with CNHS over the years. She also thanked C-View TV for its ongoing media coverage and support of CNHS's mission. d) Turkey Trot Awards Kevin Dunbar, Director of Parks and Recreation, presented the Turkey Trot Iron Turkey award for most miles run to the Public Works Department and the Stuffed Turkey award for largest percentage of employees participating to the Budget Department. Skip Rogers, Race Director, thanked all the participants and presented the Mayor with a plaque commemorating the event. mcc1202 1 12/05/02 ': . • ~ iatm ~i - ruonc neanng~ rust rceaamg vramances iuuo-vs dnU iu~i-u~ - ~ana.use rian Amendment and' Rezoning for property at 209-2Z9 Windward `Passage from Commercial General to Residential`Medium (Lots 1-11 'inclusive, The Pools of Windward Passage., Plat Book 118,'Pages 63-64 in Section 08, Township''15 South, Range 15 East) (The Pools at Windward Passage Homeowners' Association; `Rep. Joseph W. Gaynor) LUZ 2002-09010 This 0.87-acre site is on the south side of Windward Passage, approximately 450 feet north of Memorial Causeway and 950 east of Island Way and is currently developed with eleven (11) two-story, fee simple townhouse units. In 1997, the site was developed as a Commercial Planned Development (CPD), which allowed stand-alone residential development and was consistent with the underlying Commercial General (CG) Future Land Use Plan designation. When the new Community Development Code was adopted in 1999, the property's zoning designation was reclassified to the Commercial (C) District, and recently to the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD). The current zoning does not permit stand-alone multi-family dwellings; therefore, this property is a legal, non-conforming use. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential Medium (RM) category and to rezone it from the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) to the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD), to render this site conforming. The Planning Department determined the proposed land use plan amendment and rezoning applications 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 potential range of uses and the current use are 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 Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the density of the plan amendment site, review and approval by Florida Department of Community Affairs is required. The Community Development Board reviewed these applications at its regularly scheduled meeting on November 19, 2002. Commissioner Gray moved to approve a Land Use Plan Amendment from Commercial General (CG) to Residential Medium (RM); and a Zoning Atlas Amendment from. the` Commercial/ Island Estates Neighborhood"Conservation Overlay Districf (C/IENCOD}to Medium High Density Residential/island Estates Neighborhood Conservation Overlay District mcc1202 3 12/05/02 • • ;(MHDR/IENCOD) for property located at 209-229`Windward Passage. (Lots 1-11 inclusive, The Pools. of Windward Passage, Plat Book 11.8, Pages 63-64 in Section 08, Township 15 South, Range 15 East). The motion was duly seconded and carried unanimously. The"City Attorney presented Ordinance #7056-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance:.#7056-02 on first reading. The motion. was'duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays°: None. The City Attorney presented Ordinance #7057-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7057-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays°: None. Public Hearing -Second Reading Ordinances ITEM #8 -Ordinance 7038-02 -Annexation for property located at 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East); (Elizabeth Haun) ANX 2002-08011 The City Attorney presented Ordinance #7038-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7038-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #9 -Ordinance 7039-02 -Amend Future Land Use Plan for property located at 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East) Residential Low (RL); (Elizabeth Haun) ANX 2002-08011 The City Attorney presented Ordinance #7039-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #7039-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #10 -Ordinance 7040-02 -Amend the Zoning Atlas for property located at 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East) as Low Medium Density Residential (LMDR); (Elizabeth Haun) ANX 2002- 08011 mcc1202 4 12/05/02 , ~ The Pools ~indward Passage - LU~002-09010 209-229 Windward Passage View to the west Site view looking southeast View to the north View looking northeast View looking southwest Site view from north • • City of Clearwater Proposed Local Government Comprehensive Plan Amendment First Submitta12003 May 14, 2003 LUZ2002-11011 High and Dry Marina, Inc Plan Amendment • CDB Meeting Date: January 21.2003 Case No.: LUZ2002-11011 Agenda Item: C-7 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: High and Dry Marina Incorporated, a Florida Corporation REPRESENTATIVE: Harry S. Cline, Esquire LOCATION: 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Commercial General (CG) to Residential High (RH), and To rezone from the C, Commercial District to the HDR, High Density Residential District. SITE INFORMATION: PROPERTY SIZE: 80,077 square feet or 1.83 acres DIMENSIONS OF SITE: 540 feet by 140 feet. m.o.l. PROPERTY USE: Current Use: Dry storage marina facility Proposed Use: Multi-family residential PLAN CATEGORY: Current Category: Commercial General. (CG) Proposed Category: Residential High (RFi) ZONING DISTRICT: Current District: C, Commercial Proposed District: HDR, High Density Residential EXISTING SURROUNDING USES: North: Clearwater Harbor South: Multi-family residential East: Multi-family residential West: Marina Staff Report -Community Development Board -January 21, 2003 -Case LUZ2002-11011 Page 1 of 9 • • ANA_ Introduction The 1.83-acre subject site is located at 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. It is occupied by a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential High (RH) category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density allowed by this plan amendment, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN Applicable Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.2.2 Policy -Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. 3.2.2 Policy -Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This site is located in a residential area along the Intracoastal Waterway. This site meets the policy of being located on a minor street and development approval for residential units on this site will not negatively impact hurricane evacuation plans. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential High (RITj category as specified in Section 2.3.3.3.1 of the Countywide Rules is to designate areas of the County that are currently developed, or have the ability to be developed, in a highly intensive residential manner and is consistent with the urban characteristics of the surrounding area. The Residential High (RH) category is generally situated in areas that are within close proximity to urban activity centers; residential in nature; or where the development is consistent with similar high intensity residential uses. Generally, the RH category is designated on property in close proximity to, or immediately adjacent to, an arterial or thoroughfare highway network that is serviced by mass transit. The regulation also Staff Report -Community Development Board -January 21, 2003 -Case LUZ2002-11011 Page 2 of 9 • • states that this designation is generally not appropriate for coastal high hazard and evacuation level "A" areas. Island Estates was developed with a range of housing types and allowable densities. There are currently large areas on the island that are currently designated as Residential High (RH) and the proposed amendment is compatible with the surrounding area. Furthermore, the subject site's location east of Clearwater Beach and in close proximity to the Memorial Causeway Bridge provides an expedited link to the nearest evacuation route during a predicted storm. The completion of the new Memorial Causeway Bridge in 2004 will upgrade this evacuation route and upgrade the Causeway level of service from C to B. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. _Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on the Intracoastal Waterway in an AE flood zone. It is on an island that currently has high density residential development and is located in close proximity to Memorial Causeway. In 2004, the Level of Service of this evacuation route will be enhanced to a LOS B. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emer~,enc~Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. The proposed amendment could result in a net increase of 11 units or approximately 24 people (see I. below for additional information on net increase of density in entire CHHA). Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. Not considering that decreased percentage, this increase is still minimal and will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existin¢ Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural areas. E. Maintenance of Scenic ualities and Im rovement of Public Access to Water. The subject site does not currently provide public access to the Bay nor will it if the proposed amendment is approved. F. Water Deyendent Use. The site is currently occupied by a water related use. The proposal is to remove this use. Staff Report -Community Development Board -January 21, 2003 -Case LUZ2002-11011 Page 3 of 9 • r~ G. Integral Part of Comyrehensive Planning Process. Not applicable. H. Part of Community Redevelopment Plan. This site is not located within the boundaries of a community redevelopment plan azea. I. Overall Reduction of Density or Intensity. The maximum permitted density of the subject site is currently 24.0 units per acre, which would permit a maximum of forty-four (44) dwelling units. The proposed amendment would allow 30.0 units per acre for a maximum of fifty-five (55) dwelling units. Approval of this application could yield a net increase of eleven (11) residential units in the CHHA. Consideration should be given to the fact that on December 5, 2002, the Clearwater City Commission approved a Future Land Use Plan amendment for a property across the street to the south (209 - 229 Windward Passage) that reduces permitted density in the CHHA by a total of seven (7) units by redesignating the property from Commercial General (24 units per acre) to Residential Medium (15 units per acre). This amendment is pending approval by the PPC, CPA and the Department of Community Affairs (DCA). If this request is approved, the total density increase in the CHHA, considering both requests, will be by four (4) units. When evaluating this request, consideration should also be given to the fact that the City of Clearwater purchased property to the south of the subject site, adjacent to 209-229 Windward Passage, and constructed Sunset Sam Park. The Future Land Use category of the site is Commercial General and would allow the construction of 9 units. However, since this has become City pazkland, these units will not be built and will offset the increase of four units that will result from the proposed amendment. J. Clustering of Uses. The entire site is located within the Coastal High Hazazd Area, therefore the clustering uses of a portion of the site outside the CHHA is not possible. While the requested amendment to the Future Land Use Plan category could place a net total of four (4) additional residential dwelling units in the CHHA and subject the site to possible direct storm damage, the decrease in the existing capacity for the maximum potential of traffic generated by the amendment would positively affect the evacuation route of the azea. In addition, the removal of a water dependent use from the site may have a negative effect on the overall capacity of vessel storage for the city, however, the current marina use is not compatible use with the surrounding residential development. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD Current uses allowed in the HDR, High Density Residential zoning district include attached dwellings, detached dwellings, community residential homes, nursing homes, places of worship, assisted living facilities, retail sales, schools, overnight accommodations, parking gazage and lots, congregate care, parks and recreation facilities and residential infill projects. Staff Report -Community Development Board -January 21, 2003 -Case LUZ2002-11011 Page 4 of 9 • • State Route 60 Corridor/Memorial Causeway The SR 60 corridor connecting the Downtown to Clearwater Beach is characterized primarily by open space, utility/infrastructure facilities and parks. The Countywide Future Land Use Plan has designated land along this corridor as Recreation/Open Space (R/OS). The Recreation/Open Space is the only land use plan designation to the north, south, east and west of the corridor. Immediate Surrounding Area The Future Land Use Plan (FLUP) for the immediate surrounding area to the south and west of the subject site is Commercial General (CG). The Residential Medium (RNI) plan category extends to the east of the subject property, while Clearwater Harbor borders the property to the north. To the north of the site are several residential fingers, approximately 10.5 acres in area that have a designation of Residential High. The existing surrounding uses include a marina to the east. Multi-family residential dwellings and a park are located to the south, with Clearwater Harbor north. The proposed Future Land Use Plan designation and rezoning are in character with the overall FLUP designations along this block and compatible with surrounding uses. Amending the FLUP to the Residential High category will make all the peninsulas on the western portion of Island Estates consistent as this plan category. As the current use of the high and dry marina storage facility is incompatible with the surrounding residential uses, approval of this request would better assimilate the site with surrounding uses. While a marina facility may be a desired use in the' community, the traffic impacts and noise associated by the peak use on Saturdays and Sundays severally conflicts with the residential nature of the surrounding area, while the visual and noise impacts generated by the servicing of vessels at a marina facility also degrades the quality of the surrounding area. In addition, the amount of on-site parking spaces available to accommodate the 306-berth high and dry marina facility can require patrons to utilize on-street parking in the surrounding neighborhood during the most desirable boating days. IV. "SUFFICIENCY OF PUBLIC FACILITIES The subject site is approximately 1.838 acres and would allow 44 dwelling units or a 44,034 square foot building, based on a maximum density of ?A~.O dwelling units per acre and a FAR of 0.55 in the current Commercial General (CG) Future Land Use Plan category. Based on a maximum permitted density of 30.0 dwelling units per acre under the proposed Residential High (RH) plan category, a maximum of 55 dwelling units could be constructed on this site provided all code requirements are met. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation .guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. Staff Report -Community Development Board -January 21, 2003 - Case LUZ2002-11011 Page 5 of 9 • • ~AXINIUI~I POTENTIAL TRAFFIC ~ ~ ~ ~ = Current . Existing Proposed Net New: ; ~' t~~ent ~ ~ 1 Caus~r~: (S 60 ~ Sittt~tign ~l~n' °. alt'.. x : r~ 518 Maximum Dail Added Potential Tri s ' N/A 854 106 336 42 - (-64) Maximum PM Peak Hour Added Potential Tri s N/A Volume of Memorial Causewa from Drew/Pierce Street 35,169 36,023 35,505 - C8 LOS of Memorial Causewa from Drew/Pierce Street C C C N/A =Not Applicable LOS =Level-of-Service 1 =Based on PPC calculations of 465 trips per acre per day for the Commercial General Future Land Use Category. 2 =Based on PPC calculations of 183 trips.per acre per day for the Residential High Future Land Use Category. 3 =City Calculation of 12.5%v Source: "The Rules" of the Countywide Future Land Use Plan The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Memorial Causeway segments in the vicinity of this site a level of service (LOS) C. When compared to the maximum development potential of the existing Commercial General (CG) future land use plan category; the Residential High (RH) future land use plan category and the proposed use of application will decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segments level of service. In addition, upon completion of the new Memorial Causeway Bridge in 2004, it is proposed that the Level of Service (LOS) in this vicinity will be enhanced from a LOS C to a LOS B. Specific uses in the current and proposed zoning districts have also been analyzed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. :: ~ - ~ ~'~ 'ItAFF~C IMPACTS BASED ON ITF_,1VIANUAL.S'I'ANDARDS. ~ : f f s . Net ~. > Units/Square Daily Trips- Daily Trips- :Net Change PM Increase cif Fo tape ~ P xistis,~ ~ Proposed of-Averaage Peak. I'h1 Peak s ; Pe~tiu lw .. o iit D.' ~~, T ;a _s-., `l~ri _ 'i~ s .~;- _ „< ,.Uses ~ r Marina (2.96 Weekday trips berths) (0.21 PM Peak hr trips berths) Quality Restaurant (89.95 Weekday trips/1000 sq. ft.) (9.02 PM Peak hr trips/1000 sq. ft) Government Office Bldg. (68.93 Weekday trips/1000 sq. ft.) (11.03 PM Peak trips/1000 sq. ft) Condominium/Townhouse (5.86 Weekday trips/dwelling unit) (0.54 PM Peak trips/dwelling unit) High Rise Apartment (4.20 Weekday q-ips/dwelling unit) (0.40 PM Peak trips/dwelling unit) N/A -Not Applicable Source: ITE Trip Generation n 306 Berths 905 44,034 sq. ft. 3960 44,034 sq. ft. 3035 N/A N/A N/A 3,055 N/A 2,130 64 N/A 397 333 785 721 55 Units N/A 55 Units N/A 6th Ed., 1997 322 (-583) 231 (-674) Staff Report -Community Development Board -January 21, 2003 -Case LUZ2002-11011 29 (-35) 22 (-42) Page 6 of 9 • • Based on the applicant's proposed use of the subject site, the City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in any degradation of the existing LOS to Island Way and/or State Route 60. In fact, the proposed Future Land Use Plan amendment will result in a reduction of potential trips. There will be no impact on the operational efficiency of the signalized intersections of Island Way and State Route 60. 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 located within'/4 mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along State Route 60. Water The current land use plan designation and zoning district could demand approximately 4,403 gallons of water per day. Under the proposed Residential High land use plan designation and zoning district, water demand could approach approximately 13,750 gallons per day. The proposed amendment could result in a net increase of 9,347 gallons per day. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for water since there is excess capacity. Wastewater The current land use plan designation and zoning district could demand approximately 3,522 gallons of wastewater per day. Under the proposed Residential High land use plan designation and zoning district; wastewater demand could approach approximately 11,000 gallons per day. The proposed amendment could result in a net increase of 7,478 gallons per day. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for wastewater since there is excess capacity. Solid Waste The current land use plan designation and zoning district could result in 118 tons of solid waste per year for a commercial site. Under the proposed Residential High land use plan designation and zoning district; approximately 139 tons of solid waste could be generated per year. The proposed amendment could result in a net increase of 21 tons of solid waste per year. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for solid waste since there is excess capacity. Recreation and Open Space The proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities due to available capacity. It however, will require payment of recreation and open space impact fees due to residential development on vacant land. V. IMPACT ON NATURAL ENVIRONMENT 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 Staff Report -Community Development Board -January 21, 2003 -Case LUZ2002-11011 Page 7 of 9 • Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. In addition, any new structures will be required to be constructed above the base flood elevation. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES The location of the proposed Residential High (RIB boundaries are logical and an appropriate classification between multi-family and park uses to the south, the marina use to the west and the mutli-family uses to the east. The district boundaries are appropriately drawn in regard to location and classifications of streets; ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS The proposed HDR, High Density Residential District permits a FAR of 0.60 and the existing C, Commercial permits a slightly less intensive FAR of 0.55. The 0.85 ISR of the proposed HDR is considerably less than the existing ISR at 0.95. The site's area at 80,063 square feet exceeds the minimum lot area requirement of 15,000 square feet required by the HDR zoning district for attached dwellings. The parcel is approximately 540 feet in width and exceeds the 150 feet required lot width for attached dwellings in the zoning district. Therefore, the parcel meets the size requirements of the proposed HDR District and the attached dwelling use is permitted in the HDR. 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. The proposed use of this property is consistent with the High Density Residential regulations. SUIVIlVIARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Commercial General (CG) to Residential High (RH) and a rezoning from the C, Commercial District to the HDR, High Density Residential District for the subject property is requested to enable the applicant to develop this site with multi-family dwellings. The neighborhood is surrounded by a marina use to the west; a park and multi-family residential uses to the south; Clearwater Harbor to the north and multi-family residential to the north and east. The proposed residential use will blend into the surrounding neighborhood since this is a primarily residential area. The proposed Residential High (RH) Future Land Use Plan classification and HDR, High Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the Staff Report -Community Development Board -January 21, 2003 -Case LUZ2002-11011 Page 8 of 9 • provision of public services, is compatible with the development regulations of the City. • the natural environment and is consistent with The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 202 Windward Passage from Commercial General (CG) to Residential High (RH), and 2. Amend the zoning district designation of 202 Windward Passage from the C, Commercial District to the HDR, High D ity Res' dential District. Prepared by Planning Department Staff: Marc A. ariano, Planner Attactunents Application Location Map Aerial Photograph of Site and Vicinity Existing Surrounding Uses Zoning Map Land Use Plan Map Site Photographs S:~P[anning DepartmenflC D B~(and Use A2002--11011 Aigi~and Dry ma~inal~tafJ`report.doDry Marina 202 Windward Passage RcALUZ Staff Report -Community Development Board -January 21, 2003 -Case LUZ2002-11011 Page 9 of 9 ~, ~ • • CITY OF l,,,EARWATER PUBLIC HEARi~.G NOTICE LAND USE PLAN AND ZONING ATLAS AMENDMENTS NOTE• All persons wishing to address an item need to be present at the BEGINNING of the Community Development Board meeting Those cases that are not contested by the applicant staff neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. Schedule of Public Hearings: Tuesday, Januazy 21, 2003 before the Community Development Boazd, at 2:00 p.m. Thursday, February 20, 2003 before the City Commission (1st Reading), a 6:~~$~n. All public heazings on the ordinances will be held in Commission Chambers, 3rd flogr ty Hall, 112 South Osceola Avenue, Cleazwater, Florida. (High and Dry Marina, Inc.) LUZ2002-11011 ~OZ ~~ The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE N0.7088-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. ORDINANCE N0.7089-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CTTY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL (C) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING AN EFFECTIVE DATE. Interested pazties 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 Boazd or Commission, with respect to any matter considered at such heazings, 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 appeal is to be based per Florida Statute 286.0105. An oath will be administered swearing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL 33756, or call (727) 562-4567. Gina Clayton Cynthia E. Goudeau, CMC Planning Department City Clerk City of Clearwater, P.O. Box 4748, Cleazwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WTTHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR REQUEST AT (727) 562-4093. Ad: 01/05/03 & 02/02/03 • Comprehensive Plan Citizen Courtesy Information List Local Government: City of Clearwater Case: LUZ2002-11011- 202 Windward Passage Hearing Date: Febuary 20, 2003 Type Hearing: Transmittal DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. • Check ~' Citizen Name Address, City, State, Zip Code Appropriate Response(s) Written Spoken Comment Comment ~iA~Z l~~ ~ISor1 d~~ ~'^~'rP<~ I~nssase X50 C ~tc+ a wc+~ t_r.. F L....3 3 ~-6 _. ~.. _..._.. __....... _....... _ . ~.~ . ~._ca~.~.~-~~%. ~ ~r. _~W....3~.~ ~- ....__~_._.. ,_._ ...._ _.~_ ~~......_~........ _.~....... r ~" • • ORDINANCE NO. 7088-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY .600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); 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 TH1= CITY COMMISSION 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 ert Land Use Catectorv See attached legal description (LUZ2002-11011) From: Commercial General (CG) To: Residential High (RH) Section 2. The City Commission 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 Ordinance No. 7088-03 • PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney • Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7088-03 ;GAL DF.S:.RIPi70N • UPLANDS: • A PORTION OF. LOT .9 AMD ALL OF LGTS 1D, 11, 12, AND ~I3, BLOCK .D, UNIT 5, ISLAND .ESTATES .OF ~CLEARINATER, TOGETHER WITH A PDRTlON OF VACATED 'DORY PASSAGE, ASRECORDED ~1N :PLAT=BOOK .~~1; PAGE" 34, PUBLIC RECORDS OF PIfiIELLAS COUNTY, •FLDRIDA,~~EJ~ti1G IuIORE 'FULLY ~DESCRIBED~ ~AS FOLLOWS •: BE~iNt~~1G 'AT~ THE- SOUTHEAST -CORNER OF SAID..LOT 12; THENCE •1V49'23'~4'1 "W . ALONG~~E NORTHERLY- RIGHT .-:OF..--WAY-'LINE OF -.WINDW~D PASSAGE, A .DISTANCE -OF 320.Q0 :FEET TO -THE ~:POtNT. OF•'CtJRVr~TURE OF-, A CURVE TD THE,°R1GH-T; ', TfiENCE ALONG SAID CUR1~E, 'HA~/lNG~:~A:.-RADIUS Oi= 50a0 .f:-EET;.GHORD 312 FEET BEf#RIMG N30'S7'41 "W, 'A t3iSTANGE OF~-32.1~'~EET=1D:-A ~a?'oIN-x'.oF REVERSE. ~trUR1~E;-• Tf-IENCE -Ai~NG ~A CURVE TO•~ Tf~E:~LEFT~:f~A~NG;.A ~=RA'DIUS (3F• :50.00 FEET; `CHORD OF •73.14 FEET BEARING • I~I593~1'26'y4t: A;.DIST~ANC>= ~OF.•52.03.'FEET; -'TH-ENDE, .:LEA1fild.G -SAID LINE,-1N:1.631''22"W A :D15T~1NCE `OF."120.DQ-_FEE.T• 7'D~.=.7HE •POINT C~F~.=CURVVi4~lRE flF -A .~IDN-TANGENT CURVE; ~THEI`ICE ~~=SAID 'CURVE:;Ff3: THE -RI;~iT `:HAVtND `:A fi~AD1US ~ :17~.OD:'~FEET, A CFiOR0 OF 152;57::F'tET.$J:AR!!d_G.S7..T'57'3t°E:~.~.bLST~TiCE DF:-Jr9:50 FEET.:.TO-.•A POINT•OF . •TANGEi+~C~;::._~Ti~EA1CE:;;~49 =23'~1.'.•E;`•~A-:~ISIANIrE' DF, 1~80:D0 ICE? ~O- THE ~ ~Ca1NT. ~1rURVA7URE _. 'DF . i~--: ~R1lE~.;~C~r=THE ~ L~ T:- • ~"'T~E~1CE, :'AtDN~G. -=SAID CUR37E. #~ANIN~` . ~A" ~'tADJItS'..OF~ =70. DO FEET, ~1 •DF3flRD~.~.; 7±4:.8tfi:'FEE.T -BEI~RING. `S81<•'42'22"E,. A. DIST;4~NCE.-OF..78.-~& :FEET TO'. A .POINT, . • 'SAID-~:~P01151.7-~BEIAIG. TNE~ SOUTfi~~LY~ CORNER .;OF'"P~R~ '1V a/ILLAGE"- ON• ISLr~tiD.~-ESTATES, -. AS RE•C~DED_;~t+1~"PL}4T~$OOK'35,~ PAGE.12, PUBLIC'.REC>`3RD5 -0F PINELLAS -COUNTY,FLORIDA; -THEt~?CE-:~LONG~=THE-_ ~S~3lJ7HERLY 'UNE ~Of' SAIDrVILLAGE: ON~ =ISLAND ESTATES, THE :FOLLOIMNG . -THREE : ~3~ COURSES ..: -.. -' • :- . - . : ~ - ~ - - . 1: . S4973'47':E*: A •DISTi~ICI=- ~OF=~1~36:76. ~ FEET; .. . 2.. - 508'1'32' E; 'A DISTANCE ' OF 81:05.FEET; 'AND • - 3. ' 54036'?~9`3fY; A t3157.AcNCE`-tzF ~-106:b2 -FEET TO• A' POINT ON THE NORTHERLY . RIGHT-OF-WAY .LINE OF Ti-tE AFflREAAENTiCNED :WINDWARD PASSAGE;' THENCE- ALONG' SAID'~IJNE N4924'D9`W; A DISTANCE -DF •fi1.00.. FEET; .Ti-IENCE S4I736'19'W;-~ A DISTAidCE OF 20:00 FEET TO THE POINT OF BEGINNING. CONTAINII~IG 1.838' ACRES OR 80,D78 SQUARE FEET MORE OR LESS. ALSO, SUBA~ERGED LANDS: THOSE SUBMERGED LANDS LYING NORTI'-IWESTERLY OF PHASE IV, VILLAGE ON ISLAND ESTATES, AS DESCRIBED IN .O.R. BOOK 5885, PAGE 2178, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIC AND AS SHOWN HEREON. E~H9L~~T' d ~~ » ~~ f r~ N ~° ry~0 ryry ~ 36~ ~ 354 8 N ry~ N 34 y ry a '~ R ry LpH~AI pT G N RH pORy pSGE ..~+' X90 ry ?po 0 .- N -,,......, ,.... N ... ..... ry ryry'' ~ CG ry ry~ry, , ry ~~'!NS ry ry ry ry ry ry ry ry rya° RM CG ~~ ry ~ rrorros ~IVATER Q~ ~ THIS IS NOT A SURVEYI ryA~ 9~Q I' _ A ryy~ AVC ay ry S 4 A by ry 6~ ry s n FUTURE LAND USE MAP Owner: ~ High and Dry Marina, Inc Case: ~ LUZ2002-11011 Site: 202 Windward Passgae ~ Property Size (Acres) 1.83 Zonin Land Use PIN: 08/29/15/43380/004/0090 From : C CG To: HDR RH Atlas Page: 2676 • • ORDINANCE N0.7089-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL (C) TO HIGH DENSITY RESIDENTIAL (HDR); 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 COMMISSION 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:. Commercial (C) (LUZ2002-11011) To: ~ High Density Residential (HDR) 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 7088-03 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: ~. Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Si e Assistant City Attor Ordinance No. 7089-03 ,GAL DcS.:Rlr''iiON • ZIPLANDS: A P.ORZiDN OF. LOT -9 AND ALL OF LOTS 10, 11, 12, AND 1~, BLOCK .D, UNIT 5, ISLAND ESTATES .OF ~CLEAR.WATER, TOGETHER WITH A PORTION OF VACATED 'DORY PASSAGE, AS -RECORDED -IN :PLAN'=BOOK .51; PAGE" 34, PUBLIC RECORDS OF PINELLAS COUNTY, .FLORIDA,-BEING MORE 'FULLY ~DESCRIBED~ ~AS FOLLOWS -: 8EG1NNlNG +AT• ~THE~ SQUTHEASTCORNER _ OF SAiD..LOT 1? THENCE ~1V49'23'4~ `W ALONG~-'tHE NORTHERLY RIGHT' :.OF-WAY' LINE OF -.WINDW,A~ZD RASSAGE, 74.131STAlVCE ~OF 320.00 :.FEET TO -T}~E~:P.OINT.~OF-~CIJRVATURE OF".A CURVE TO T~iE.°PIGH.T;' TfiENCE ALONG S~11D . CUR1dE, 'HA`VlNG~:~A:.~RADtUS OF SO~aO :FEET:.,GHORD :31:52 .~E? HEARI>~1G N3D'57'41 "W, 'A IiSTANCE QF' ~32.'IT''~EET=1D:-A -P01N~~.OF REVt3~25E. ~t:UR1yE;.- THENCE Ai'ONG 'A CURVE TO~~ THE;~EFT..f~A~9NG.:.i4 ~~RADIl3S. OF• 50.00 FEET; CHORD OP -.7.3.:14 FEET BEARING - N593.1'2liillt; A.-~DtS-T~iNCE ~OF.~-82.03.'FEET: .'7!~#EN.CE, -:L£k1i7~1.G SAID LiNE,•.~N:1B31'22"W A ~.DIST~4NCE ~DF.'~120.fl0.-_FEE.T- ~'D~.=7HE POINT OF.=CURVA~RE ©F ~A ANON-Ta4NGENT CURVE; ~THi=tdCE ~:S~4lD ~CiTR1lE~1=L3' THE `RtGFtT :HA1tWG'-A f~AD1US :OF :17-O.DA~"FEET. A CHORD OF 1f 2;•57:: FEET. $FARlIdG 57.7'57'3? °~ :A ..DIST~I~ICE DF':-~5'9:~D FEET:..Tt7~. A POINT • OF . ~TANGEI-!C'E;':-.THENCES49~23'~1'E:•,4-:t3:iS?ANCE'~F, 1~80:D0 RfET TO~ THE~~?C~NT. ~URVA7URE . ~DF ~ ~-~:~•C13#~1~£.,~'Or~THE ~l.,.ffT;. ~ :"'~Ei'+lCE, :~AtL1NG~ ~~AID CUR37E, #.~AUIN-G. ~A-~~tADIUS..DF' =7x.00 FEET. .. A ~Ct}flRD~.:~F^~7~.4:84: FEET -HEl~RtNG. `S8~-'~2'22':E,. JA. DfST'~-i~tGE--OF..78:95 :1;EET TO~. A .ROtNT, . 'SAID ~:~POIfiI.T~-~QAIG. THEE SOUTH-1~iEST1=.RLY~~C~3RNER .,(3F~"PCB-' ~E` "tY a/iLLAfE"•.ON~ ISL#~tiL.~ESTATES, AS REt~RDED_;~f1~'.PL~4T -800K-:35,~ PACE ~ 12, PUELiC~.REC~3RD5 -0i= PINELiAS COUNTY, FLORIDA; - ~?NE~1CE-:#CLONG~ =THE. ~5(3UTHERLY 'L-!NE -OF SAID VILLAGE- ON~ ~15LAND ESTATES, THE :FOLLOWING ..THREE : ~3~ :COURSES . .. ' ~ :- - . ~ - _ 1: . 549~3'4~':E;.~ A ~Dls;ANCF~ ~OF~~i36:76.-FEET; ~. 2.. - SDB'1~'32' E,~ A DISTANCE' OF 81:OS.FEET; `AND 3. ' S4036'~~9`W; A 1~157.ANCE`-flF' ~~10fi::b"2 `FEET TO- A' POINT ON THE NORTHERLY _ RIGHT-DF-WAY .LINE OF THE AFflREItiiENT1CyED .Y,iINDWARD PASSAGE;' THENCE- ALONG SA1D'~LIAlE N4934'D9'W; A Dt~TANCE ~DF -fi1.00.. FEET; THENCE S4036'19'W; ~ A DISTANCE QF 20:00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.838 AGRES OR 80,078 SQUARE FEET MORE OR LESS. ALSO, SUBMERGED LANDS: THOSE SUBtrAERGED LANDS LYING NORTHWESTERLY OF PHASE iV. VILLAGE ON ISLAND ESTATES, AS DESCRIBED tN .O.R. 800K 5885, PAGE 2178, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIC AND AS SHOWN HEREON. E~HI~OT ~ ~,~ ,~ i ~ ' • N °0 3~ N~'~ ~ N 954 348 h ~ N P ~ N N PT h HDR P 2~° ,_ N~----- ; ;- ~ , , . ~ . _ __, : . MO o N '~ '~ ~'~ ~~ ~6 ro 1 ~, ~_ ~: ro ~ ti ry ry ..---- N b ry b~ ro ,rof m sous ,~ C DR THIS IS NOT M1~~ ' A SURVEY! ~~ Ay ti 6y N s bg 6~ N ZONING MAP Owner: High and Dry Marina, Inc. Case: j LUZ2002-11011 Site: ` 202 Windward Passgae Property Size (Acres): ~ 1 83 -Pro ert p y Zoning Land Use PIN: ~ 08/29/15/43380/004/0090 From : C CG Atlas Page: 2678 To: HDR RH • • a RH ~ ~ ! ". F P• ~ ~ n ., m Clearwater s 3~ar6or ' ~ ' ~~ .~.. RH o °° ~ 9 6 x ~~ .~. ® ~ RH °° p~RY ppgSAGE ~... : RH WATER ~, C R INS ~• `~G o!y RM ,o~~ w .. q `rs',q ~ a ~~ G' R~ OS b~~ , • Y ,~~ , CG '~p e ~ ~q t c gGs c WATER ~ ~ . c ~'9 ~ ~~ y ~ ,. vQ. WATER PROPOSED FUTURE LAND USE PLAN MAP Owner: ;High and Dry Marina, Inc Case: LUZ2002-11011 Site: 202 Windward Passgae ' Property Size (Acres): 1 83 Zonin Land Use From : C CG PIN: 08/29/15/43380/004/0090 To: HDR RH ~ Atlas Page: ' 2676 • • ° 364 ry~~ N 354 ~4ry 8 ryro 34 N ~b N Oy " A ~ N 1 A N, .~1 rytlw 'C ppLPHIM PT side ial ry ~-~tulti fam ly R.esidentia RY PSGE DO ~-~l r o" uCti fa ily Dry a Resident C n ~1~Larina v "~ p C Park " "' ,3 iCity ' n " / "~ry,~ 9 Institutional. -~ "~ " g " """y 'L -a ~A- "AO ~/ v ~'Q '~~ OA " S ~ ~ .~tuCti fam' ~ a• ,~. ,~ ~ Ma ResidentiaC rN,s ~S Nor a suavert y, " ay " 6h " , is a9 "6 ro ~ " ? f ~q a EXISTING SURROUNDING USES Owner: ;High and Dry Marina, Inc. Case: LUZ2002-11011 Site: 1202 Windward Passgae Property Size 1 83 -Property ( c es)• Zoning Land Use PIN: ' 08/29/15/43380/004/0090 From : C CG To: HDR RH Atlas Page: 2678 _~ - ~~ - ~'<~~'` *,,.> ' ~r r ~:~ View looking south High and Dry Marina, Inc LUZ2002-11011 202 Windward Passage View looking east View looking west View looking north Site view from the south Site view from the north • COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER January 21, 2003 Present: Carlen A. Petersen Ed Hooper David Gildersleeve Edward Mazur, Jr. Shirley Moran John Doran Kathy Milam Absent: Alex Plisko Also Present: Leslie Dougall-Sides Cyndi Tarapani Lisa Fierce Gina Clayton Brenda Moses Chair Vice Chair Board Member Board Member Board Member Board Member Alternate Board Member -voting Board Member Assistant City Attorney Planning Director Assistant Planning Director Long Range Planning Manager Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A. APPROVAL OF MINUTES OF PREVIOUS MEETING: December 17, 2002 Member Gildersleeve moved to approve the minutes of the regular meeting of December 17, 2002, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. B. REQUEST FOR CONTINUANCE (Item 1): 1. Case: FLD2002-10036 - 900 North Osceola Avenue * Level 2 Application Owner: Decade 80-XIV. Applicant: Clearwater Bay Marina, LLC. Representative: Don Harrill. Location: 8.89-acres located on the west side of North Osceola Avenue, at the western terminus of Nicholson Street. Atlas Page: 2776. Zoning: D, Downtown District. Request: Flexible Development approval to increase the height of a building with attached dwellings from 30 feet to 149 feet (as measured from base flood elevation), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, and to reduce the buffer width along the north property line from 10 feet to five feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: The application includes 146 attached condominium dwellings, eight attached townhome dwellings, 120-slip marina (73 public slips and 43 slips reserved for condos), and 7,500 square-foot nonresidential uses (restaurant/ship's store/marina office) Community Development 2003-0121 1 1/21/03 • The Planning Department recommends approval of the following actions on this application: 1. Amend the Future Land Use Plan designation of Metes and Bounds parcels 13/04 & and portion of 13/044 from Residential Urban (RU) to Residential/Office Limited (R/OL) (pending case ANX 2002-12023). 2. Amend the Zoning District designation of Metes and Bounds parcels 13/04 & a portion of 13/044 from A-E, Agricultural Estates Residential to O, Office (pending ANX 2002-12023). In response to a question, Planner Marc Mariano said this address is correct. It was changed by the Engineering department because 7 Hampton Road was assigned to the former homeowner, who was not annexed into the City and 10 Hampton Road is not available. Member Mazur moved to approve the Consent Agenda Item C1 -Case FLD2002- 10034, Item C2 -Case FLD2002-10035 with 14 conditions as listed, Item C3 -Cases FLD2002-11039/PT2002-11003 with 8 conditions as listed, Item C4 -Cases FLD2002- 11038/PLT2002-11002 with 8 conditions as listed, Item C5 -Case FLD2002-11042/PLT2002- 11005 with 6 conditions as listed, Item C6 -Case FLD2002-11041/PLT2002-11004 with 8 conditions as listed, Item C7 -Case FLD2002-11043 with 11 conditions as listed, Item C8 - Case FLD2002-10033 with 3 conditions as listed, and recommend approval of Consent Agenda Item C9 -Case ANX2002-10017, Item C10 -Case ANX2002-11022, Item C11 -Case LUZ2002-11012, Item C12 -Case ANX2002-11019, Item C13 -Case ANX2002-11020, Item C14 -Case ANX2002-11021, Item C16 -Case ANX2002-12023, and Item C17 -Case LUZ2002-12013, less Item #15 -Case LUZ2002-11011. The motion was duly seconded and carried unanimously. 15. Case: LUZ2002-1401.1 - 202 Windward Passage Level 3 Application Owner/Applicant: Nigh and Dry Marina, Inc. Representative: Harry S. Cline, Esquire. Location:' 1.838-acres located on the north side of 1Nirtdward Passage,.,.approximately 600 feet north of Memorial Causeway and 920 feet west of Island Way. `' Atlas Page: 2676. Request: (c) Land Use Plan amendment from Commercial General, CG to the Residential High, RH Classification; and (d) Rezoning from the C, Commercial District to the HDR, High Density Residential District. Proposed Use: Future multi-family dwellings. Neighborhood Association(s): Island Estates Civic Association. Presenter: Marc A. Mariano, Planner. This item was pulled from the Consent Agenda. Member Hooper declared a conflict of interest. The 1.83-acre subject site at 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way, is occupied by a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential High (RH) Community Development 2003-0121 29 1/21/03 • • category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density allowed by this plan amendment, review and approval by the Florida Department of Community Affairs is required. An amendment to the Future Land Use Plan from Commercial General (CG) to Residential High (RH) and a rezoning from the C, Commercial District to the HDR, High Density Residential District for the subject property is requested to enable the applicant to develop this site with multi-family dwellings. The neighborhood is surrounded by a marina use to the west; a park and multi-family residential uses to the south; Clearwater Harbor to the north and multi- family residential to the north and east. The proposed residential use will blend into the surrounding neighborhood since this is a primarily residential area. The proposed Residential High (RH) Future Land Use Plan classification and HDR, High Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends approval of the following actions on this application: 1) Amend the Future Land Use Plan designation of 202 Windward Passage from Commercial General (CG) to Residential High (RH), and 2) amend the zoning district designation of 202 Windward Passage from the C, Commercial District to the HDR, High Density Residential District. In response to a question, Mr. Mariano said the applicant is proposing to build 55 units at a height of 64 feet, which exceeds FEMA (Federal Emergency Management Agency) restrictions of 14 feet. The existing building is approximately 45 feet high. The complex immediately south of this property contains three story garden style townhomes. Dolphin Cove Condominiums are eight floors high. Mr. Mariano said the development potential of the Commercial General designation on this property is the most intense designation permitted. Marinas and office buildings could be built in a Commercial General land use designation area. Discussion ensued regarding the evacuation of a Commercial General designated area. Ms. Tarapani remarked that sufficient warning always is given to people when the potential for a hurricane exists. It was remarked that this request is resulting in a net reduction of the number of sites to store boats. Demand for boat storage remains high. Mr. Mariano said he was not aware of any formal proposals regarding marine storage facilities in the City. He said the Clearwater Yacht Club is nearby. He said he has, on occasion, received complaints regarding on-street parking on days when this marine facility is being used heavily. Harry Cline, applicant's representative, said Dolphin Point Condominium is 10 stories over parking. The maximum height of this built would be 45 feet. The applicant's property is on a cul de sac and at the end of a finger. He felt a Commercial designation is appropriate on this street. The site has over 300 boat slips with limited sales and service. This property is paved 100% from lot line to lot line and has no open space. Parking also has been a problem. This proposal is to rezone this property from Commercial to High Density Residential to construct a condominium development. The surrounding fingers also are zoned High Density Residential. He said this development would not be a high-rise condominium development. There would be Community Development 2003-0121 30 1/21/03 • • four residential levels over parking. He referred to draft renderings of the project. He said the traffic and noise would decrease with this proposed use. Currently, on holidays the traffic demand exceeds capacity on this street. He said the Village condominiums have indicated they were supportive of this proposal as long as a high rise is not built. He said this project is compatible with the surrounding area. The Chair noted that the CDB is only considering the request to change the land use and zoning today; not the site plan or the project. In response to a question, Mr. Cline said the current land use allows 30 units per acre. This proposal is for four additional units per acre or a total of 11 units over the current capacity. It was remarked that the DCA (Department of Community Affairs for Florida) has been denying requests for land use changes that involve additional numbers of units. Mr. Cline said those denials were applied to projects on barrier islands and those cities' zoning and land use plans may differ from Clearwater's regulations. In response to a question, Ms. Tarapani said staff is aware of other beach communities' land use and zoning decisions. Clearwater's primary obligation is to provide increased housing throughout the City. She said staff feels this proposal would result in a small, incremental impact on the system. Sal Haider, developer, said this project would result in a high quality product with four stories over a garage. The project would be built within the allowable space. He said although the project exceeds the Code's height requirements, 110 parking spaces under the building is planned, which exceeds parking requirements. In response to a question, Mr. Haider said preliminary plans are to incorporate 23 - 26 boat slips, which would be available for sale to residents of this complex. Some parking spaces would include garage doors. Ten persons spoke in opposition of the application. In response to a question, Mr. Cline said the applicant's survey indicates that his client owns the submerged lands. He said a title search is being done to confirm his claim. In response to a question, Ms. Clayton said the unmetered parking spaces that one resident referred to on the south side of the subject site are merely a result of people parking in the City right-of--way. Mr. Cline said this proposal would provide for on site parking for property owners. Ms. Tarapani reviewed the process for notification of adjacent property owners regarding applications involving a request to deviate from Code regulations. She said the issue of property ownership of the submerged lands under the docks at the Village on this site is a matter between the two property owners, however staff welcomes any information or documentation regarding the matter. The applicant is claiming ownership rights. The Village property owners have indicated that applicable permits those docks were obtained in 1982. It was remarked that the land use plan in the area on the northeast side of Windward passage is Residential Medium. In response to a question, Ms. Clayton said if this site was zoned Residential Medium, the appropriate zoning designation could be MDR or MHDR. Heights in the MHDR through a flexible public hearing could be up to 50 feet; in MDR up to 40 feet through a staff approval; or 50 feet through a public hearing. It was remarked that just south of Dolphin Point is Residential Medium and to the south of that is Commercial General Community Development 2003-0121 31 1/21/03 ~ • zoning. It was remarked that this request is for Residential High but appears that it more closely parallels Residential Medium. Ms. Tarapani said Skiff Drive and Dolphin Point have a Residential High designation and there also is Residential Medium adjacent to the site. It was remarked that the Residential High designation may be out of character between a Residential Medium and Commercial General designation. Ms. Clayton said Residential Medium density allows 15 units per acre and Residential High allows 30 units per acre. In response to a question, Ms. Tarapani said FEMA requires various flood elevations as measured from the first floor of living space. She said in this current Commercial zoning designation, the applicant could build a hotel which could potentially be a height of 25 to 50 feet through a staff approval or flexible standard or higher through a Comprehensive Infill request. In the Commercial District, 40 units per acre would be permitted. Office buildings also could be built in the Commercial District. Ms. Clayton said the Engineering department has indicated the utility capacity on Island Estates would not be adversely affected by this project. Mr. Cline said he is sympathetic to residents' concerns regarding height of the project. He said the request before the CDB today is a zoning and land use issue. He feels this request is appropriate for the area and is compatible with the surrounding area. It was remarked that the specific elements in the site plan for this project would be reviewed by staff and the CDB prior to any approvals for setbacks, etc. The City Commission reviews the CDB's recommendations and makes the final decision regarding these cases. Member Doran moved to approve Item #15, Case LUZ2002-11011, subject to the issue of ownership of the submerged land being determined to the satisfaction of the City Attorney's office. The motion was duly seconded. In response to a question, Mr. Cline said he felt the issue of ownership of the submerged lands could be divorced from this application. He is in possession of a land survey, which indicates that as part of the legal description, the submerged lands belong to his client. Assistant City Attorney Dougall-Sides said the zoning map has no designation for that parcel. Mr. Cline said he would withdraw that portion of the application described as submerged lands. Member_Doran amended his motion to delete the portion of the motion that the approval was subject~to the issue of ownership of the submerged land being determined to the satisfaction of the City Attorney's office. The seconder agreed.. Upon the vote being taken regarding the amended motion, Members Gildersleeve; Mawr," Moran, Doran, Milam, and Petersen voted "Aye" Motion carried `unanimously: D. DIRECTOR'S ITEMS Administrative Law Judge Determination Ms. Dougall-Sides said in the case involving the granting of a dock permit to Applicant Christopher C. Mariani, the final order of the Administrative Law Judge J. Lawrence Johnston upheld the CDB's determination not to pull the appeal from the CDB's Consent Agenda and hold a full judicial hearing on the request. The judge also specified which portions of the record should be forwarded to DOAH (Division of Administrative Hearings). Ms. Dougall-Sides said the judge's decision speaks well for future decisions of the CDB with respect to those types of appeals. Community Development 2003-0121 32 1/21/03 • CITY COMMISSION MEETING CITY OF CLEARWATER February 20, 2003 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan • Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Deacon James Grevenites of St. Brendan's Catholic Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 -Service Awards Vickie Duffey, of the Police Department, was presented the February 2003 Employee of the Month award. ITEM #4 -Introductions, Awards and Presentations a) Proclamation: Tampa Bay Emergency Planning and Community Right-to-Know Awareness (EPCRA) Week -February 23 -March 1, 2003 b) Proclamation: Engineers Week -February 16 - 22, 2003 c) Proclamation: Clearwater Marine Aquarium Week -February 10 - 16, 2003 d) Presentation: Phillies Spring Training ad campaign Television Production Specialist Kurt Kraus reviewed the City's media partnership plan with the Philadelphia Phillies for Spring Training 2003, including campaign strategies, the C- View program, "Sports Exchange," and slogans, "Red, White, Blue, and Baseball," and "Clearwater, American as Baseball." Phillies General Manager John Cook said the partnership with C-View is successful at filling Spring Training game seats. It was stated this year is the last opportunity to attend Spring Training games at Jack Russell Stadium. Commission 2003-0220 1 02-20-03 • • "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7086-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7086-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7087..-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7087-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. This site is located on the north side of Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. The subject site is approximately 1.83 acres in area and is currently developed with a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential High (RH) category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The potential range of uses and the current use are compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the density of the plan amendment site, review and approval by Florida Department of Community Affairs is required. Commission 2003-0220 8 02-20-03 properly located at 202 Windward Passage (Island Estates of _Clearwater Unit 5, Block D, a portion of`L°ot 9 and all of Lots 10-13 together with a portion of Vacated Dory Passage) LUZ2002=11011 (High and Dry"Marina, Inc.) .• • • The Community Development Board reviewed this application at its January 21, 2003 meeting and unanimously recommended approval. It was stated denying this request will not protect the current boat slips. Concern was expressed that boating is impacted when the waterfront is developed and regulations restrict boat storage in residential neighborhoods. Ms. Clayton said residential boat storage is permitted, under certain conditions. It was stated at their meeting, CDB (Community Development Board) members had focused on which density would be appropriate as it related to height. Concern was expressed the site could be developed with a building as tall as 130 feet if zoned High Density Residential but would be limited to 50 feet in height if zoned Medium Density Residential. Ms. Clayton reviewed Code regulations, indicating the CDB would have to approve building heights above 50 feet. Representative Harry Cline said the area is totally developed around the Hi & Dry Marina, which has 300 boat slips. The site features no landscaping. He said plans are to construct condominiums within the 50-foot height limits. He said the request is for a slight increase in density. He indicated more than 24 hotel units could be developed on the site. He said traffic associated with the site would be more spread out than currently. He said the proposal is compatible with the neighborhood. He distributed a copy of a letter from Roger Larson, developer of townhouses across the street, supporting the agenda item. Sal Hader, of Hader Devlopment, said the planned development will consist of a very high-quality, 4story structure and feature 1.9 parking spaces per unit, more than is required by Code. One person spoke against and one person spoke in favor of the proposal. Mr. Cline said the site plan is not being considered tonight. The proposed development will be only 13 feet higher than the current marine storage structure. He said the recommended zoning is appropriate and the environment of the neighborhood and park fits better with residential rather than commercial development. He said 28 boat slips are planned. As required by state law, Long Range Planning Manager Gina Clayton announced anyone interested in receiving a Notice of Intent from the DCA (Department of Community Affairs) for the proposed plan amendment should sign the form provided. In response to a question, Ms. Clayton stated the site would have more traffic if redeveloped for commercial, rather than residential, uses. It was noted the area features many high-rise structures. It was stated the loss of boat storage is not a basis to deny this application. Concern was expressed the development would increase density in a coastal high- hazard area. Planning Director Cyndi Tarapani said the proposed increase is negligible. The allowed density is the same for both High and Medium Density Residential zoning. It was recommended the developer give neighbors assurances that the project will not exceed 50 feet. Commission 2003-0220 9 02-20-03 ~ • It was noted insurance premiums have increased so significantly the owner of the Hi & Dry Marina cannot afford to operate the business. It was stated motel development would be more dense. It was felt the courts need to work out issues related to ownership of nearby submerged lands. In response to a question, the City Attorney said property owners have the right to request that their property be rezoned to a higher density. The City Commission then decides whether or not to approve the request. In response to a question, Mr. Cline said he was troubled by the proposal to approve a zoning category not requested. He said staff had recommended the property be rezoned High Density Residential. He could not say at this time if Medium Density Residential zoning would be acceptable. In response to a question, Ms. Clayton said traffic analysis compares highest potentials for each use. It was stated the current structure on this site already blocks the views of residents. Commissioner Jonson moved to deny Item #11. The motion was duly seconded. Commissioners Gray and Jonson voted "Aye"; Commissioners Hamilton and Hibbard and Mayor Aungst voted "Nay." Motion failed. Commissioner Hamilton moved to approve the request a Land Use PIan.Arriendment from'Commercial General (CG) to Residential High (RH), and a Zoning Atlas Amendment firom the C, Commercial District to the HDR, High Density Residential District for property located at 202 Windward Passage. (A portion. of Lot 9 and all of Lots 10, 11, 12, and 43, Block. D, Unit 5, Island" Estates of Clearwater, Together with, aportion-of Vacated Dory Passage, in Section 09, Township 29 South, Range 15 East), noting the City Commission does not want development of this site to exceed 50 feet, and that the appropriate officials be authorized to execute. same. The motion'was duly seconded.- Commissioners Hamilton and Hibbard and Mayor Aungst voted "Aye"; Commissioners Gray and Jonson woted~ "Nay." Motion-.carried: The City Attorney.presented Ordinance #7088-03 for firs# reading and read it by title:: only. Commissioner Hamilton moved to pass Ordinance #7088-03 ori`first'reading. The' mdtion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Hibbard, and Aungst. "Nays": Jonson. Motion carried. The City Attorney presented Ordinance #7089-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7089-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Hibbard, and Aungst. "Nays": Gray and Jonson. Motion carried. Commission 2003-0220 10 02-20-03 ~~ ~ ~~ DEPARTMENT ~~~~" '~ "Dedicated to making Florida a better place to call home" JEB BUSH Governor November 10, 2003 The Honorable Brian J. Aungust Mayor of Clearwater Municipal Service Building 100 South Myrtle Avenue Clearwater, Florida 33756 Deaz Mayor Aungust: ~- AFFAIRS COLLEEN CASTILLE Secretary. ~~~~ ~~.PARTM~NT G~~ ~~~ The Department of Community Affairs has completed its review of City of Clearwater adopted Comprehensive Plan Amendment (DCA 03-2) adopted by Ordinance No. 7124-03 on October 16, 2003 and determined that it meets the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(1)(b); F.S. The Department is issuing a Notice of Intent to find the plan amendment, In Compliance. The Notice of Intent has been sent to the Tampa Tribune for publication on November 16.2003. The Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment maybe issued or commence before the plan amendment takes effect. Please be advised that Section 163'3184(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the rte within S days after receipt of the mailed copy of the agency's notice of intent. Please note that a copy of the adopted City of Clearwater Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Clearwater Municipal Service Building, 100 South Myrtle Avenue, Clearwater Florida 33756. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32398-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNnY PLANNING EMERGENCY MANAGEMENT HOUSING S COMMUNITY DEVELOPMENT 2796 Overseas lighway. SuiOe 212 2555 Shurnard Oak Boulevard 2565 ShumaM Oak Boulevard 2555 Shwnard Oak Boulevard Marathon, FL 330542227 Tallahassee, FL 323.99-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305)2&42402 (850)488-2356 (850)4139969 (850)488-7956, ~ ~ The Honorable Brian J. Aungust November 10, 2003 Page Two ff this in compliance determination is challenged by an affected person, you will have the option of mediation pwsuant to Subsection 163.3189(3)(x), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Debi Johnson, Plan Processor at (850)922-1769. Sincerely, Charles Gauthier, AICP, Chief, Bureau of Comprehensive Planning CG/dj Enclosure: Notice of Intent cc: Cynthia Tarapani, AICP Director City of Clearwater Manuel Pumariega, Executive Director Tampa Bay RPC • ~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CLEARWATER COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET NO. 03-2-NOI-5206 The Department gives notice of its intent to find the Amendments to the Comprehensive Plan for the City of Clearwater adopted by Ordinance No. 7124-03 on October 16, 2003, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted Clearwater Comprehensive Plan Amendments and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Municipal Service Building , 100 South Myrtle Avenue, Clearwater, Florida 33756. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendments to the Clearwater Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, ,Florida .32399-2100, and a copy mailed or delivered to-the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 124.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed; mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. ~- ,~( ~ Charles Gauthier, AICP Acting Division Director Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 • Tampa 8ay,7Z.egional Plann/ng Council Chair vice-Chair Secretary/Treasurer Executive Director Commissioner Barbara Sheen Todd Commissioner Steve Simon Commissioner Jane von Hahmann Manny L. Pumariega 31 October 2003 Ms. Gina Clayton Long Range Planning Manager City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Gina: Enclosed is a copy of the Council's review of the City of Clearwater`s second adopted amendment of 2003. The report will be on the Consent Agenda at the Monday, 10 November 2003, Council meeting, which will begin at 10:00 a.m. Please do not hesitate to contact me if more information or clarification concerning the contents of the report is needed. Sincerely, .,L ~~~~1 H. Gerald Smelt, AICP Governmental Services Coordinator Enclosure ~ ~ ~° Gov ~ ~ ~ao~ PLP~I~l1Lrl~1~ ~;°R~RTMEIVT CITY ®1= ~~...~".•~,.,=.`=~.E°'!~I~ 9455 Koger Bou-evard, Suite 219, St. Petersburg, FL 33702-2491 Phone (727) 570-5151 FA]c (727) 570-51 18 State Number 513-5066 www. tbrpc. org • • _ , Tampa Bay,Reg/anal Plane/ng Counc/1 Agenda Item #4 11/10/03 LOCAL GOVERNMENT COMPREHENSIVE PLAN ADOPTED AMENDMENT REPORT (No Subsequent Revisions) CITY OF CLEARWATER DCA #03-2 An~end rr~ent~U~~-~ - Future I.~uul 1JS~ flap General Description From: Residential Urban To: Institutional Size: 35.7 acres Location: Regency Oaks Boulevard, located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road Council Review Proposed amendment 11 August 2003 reviewed on Regionally Significant No. Regional Comments None. Applicable SRPP None. policies Consistent with SRPP Yes. Consistent with SRPP Yes. ,~~~. CV ~~m 1 P~~~~~~ ®i°i-r-~a.T~i~G~ t~ ~F CL~AR~ATER For Council meeting of 10 Nov 2003 Report prepared by: Gerald Smelt, Ext. 288 DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH COLLEEN CASTILLE Governor ~~~~~® Secretary November 4, 2003 ~~~ ~ b 2003 Ms. Gina Clayton Long Range Planning Manager Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Ms. Clayton: ,~,E ®EPAR P~. R ,~~.~ ~ ~L~R~P ~ _. ~l 1-~+ ~-,; y Thank you for submitting copies of Clearwater's Comprehensive Plan Amendment No. 03-2 adopted by Ordinance No. 7124-03 on October 16, 2003 for our review. We have conducted an inventory of the plan amendment package to verify the inclusion of all required materials. The amendment package appears complete and the Department will issue an expedited Notice of Intent regarding the adopted comprehensive plan amendment based on your transmittal letter stating that the comprehensive plan amendment package was adopted without revisions and no objections were raised by an affected party or the Department. Based upon these facts, the expedited publication of notice of inteni pursuant to Section 163.3184(8), Florida Statutes, will occur on or about November 16, 2003. Also, please be advised that Section 163.3184(8)(c)2, Florida Statutes, requires a local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent If you have any questions, please contact Debi Johnson, Plan Processor at (850) 922-1769 or myself at (850) 922-1767. Sincerely, DRE1dj aP.y~ D. Ray Eubanks Plan Review and Processing Administrator cc: Manuel Pumariega, Executive Director, Tampa Bay RPC 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32389-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921 .0781 /Suncom 291 .0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING 8: COMMUNITY DEVELOPMENT 2796 Overseas Highvray, Sui[e 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 3239112100 Tallahassee, FL 3239&2100 Tallahassee, FL 37399-2100 (305) 289-2402 (850) 488_2356 (850) 413.9969 (850) 488.7956 • • t LONG RANGE PLANNING DEVELOPMENT REVIEW October 30, 2003 CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727] 562-4567 FAx (727) 562-4576 Mr. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning Division of Community Planning Plan Processing Team 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Transmittal of Adopted Comprehensive Plan Amendment for the City of Clearwater (03-02) Dear Mr. Eubanks: Please find attached three copies of the adopted amendment to the City of Clearwater Comprehensive Plan (03-02), which constitute the City's second plan amendment for the calendar year of 2003. 9J-11.011(5)(a)1: The City of Clearwater wishes the Notice of Intent to be published in the Tampa Tribune, The Tribune Company, 2560 Gulf to Bay Boulevard, Suite 100, Clearwater; FL 33765, (727) 799-7411. 9J-11.011 SLa)2: The following plan amendment, constituting submittal package 03-02, was adopted by the City of Clearwater at the October 16, 2003 City Commission meeting by the identified ordinance number: LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment (Ordinance Number 7124-03) 9J-11.011(5)(aL Copies of this correspondence, the adopted amendment and related documents have been sent to the Pinellas County Planning Department, the Tampa Bay Regional Planning Council, the Southwest Florida Management District, the Florida Department of Transportation, and the Department of Environmental Protection, and the Department of State Bureau of Historic Preservation, under separate cover on October 30, 2003. BRIAN]. AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER ® BII,L]ONSON, COMMISSIONER °EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER~~ • • ;~ 1 October 30, 2003 Ray Eubanks-Page 2 9J-11.011(5)(x)4: The comprehensive plan amendment package was adopted without revision from the proposed amendment package and no objections were raised by an affected party, the amendment was not reviewed by the Department or if reviewed no objections were raised. Based upon these facts, we request expedited publication of a Notice of Intent pursuant to Section 163.3184(8), Florida Statutes. 9J-11.011(5)(x)5: One (1) Future Land Use Map amendment is being adopted as part of this submittal package. The following is a summary of the package: • The amendment included in this package was adopted by the City of Clearwater on October 16, 2003 without any revision or change from the proposed amendment package sent to the Department on July 24, 2003. • All findings of the City of Clearwater related to this amendment package are included in the adoption for the amendment. • The City requests the Department use the previously supplied data and analysis pertaining to this case submitted on July 24, 2003 as part of the Proposed Amendment Package 03-02. • The proposed amendment included in Submittal Package 03-02 was adopted by the City of Clearwater. 9J-11.0011(5)(x)6: Gina Clayton Long Range Planning Manager P.O. Box 4748 Clearwater, FL 33758-4748 Telephone: 727-562-45 87 Fax: 727-562-4865 gclayton@cearwater-fl.com If you need further assistance, please contact Gina Clayton. Thank you for your courtesy in this matter. Sincerely, ~~~ ~' ~~ Cynthia Tarapani, AICP Director of Planning City of Clearwater Enclosures S:IPlanning DepartmentlDCAILARGE SCALEAMENDMENTSI2003 Submissions12003 Jst Large Scale ADOPTED DCA transmittal Ietter10-3-03.doc ~~ October 30, 2003 Pinellas County Planning Department 600 Cleveland Street, Suite 750 Clearwater, FL 33755 Tampa Bay Regional Planning Council Attn: Gerald Smelt, Principal Planner 9455 Koger Boulevard, # 219 St. Petersburg, FL 33702 Southwest Florida Water Management District Attn: Richard S. Owen, AICP, Planning Director 2379 Broad Street Brooksville, FL 34604-6899 Florida Department of State Bureau of Historic Preservation Attn: Ms. Susan Harp R.A. Gray Building 500 South Bronough Street Tallahassee, F1323-99-0250 Florida Department of Transportation District Seven Attn: Carol M. Collins, LGCP & CMS Coordinator 11201 North McKinley Drive Mail Station 7-500 Tampa, FL 33612-6456 Department of Environmental Protection Attn: Lindy McDowell, Environmental Manager Office of Intergovernmental Programs 3900 Commonwealth Boulevard, Mail Station 47 Tallahassee, FL 32399-3000 RE: Transmittal of one (1) Adopted Future Land Use Map Amendment for the City of Clearwater. To whom it may concern: Pursuant to Rule 9J-11.011(5)(a)3 of the Florida Administrative Code, the City of Clearwater is submitting one (1) adopted Future Land Use Map Amendment to the aforementioned organizations. Also, enclosed is a copy of the transmittal letter sent to the Department of Community Affairs. If you need further assistance, please contact Gina Clayton, Long Range Planning Manager at 727-562-4587. Sincerely, Cynthia Tarapani, AICP Director of Planning City of Clearwater • • ORDINANCE NO. 7124-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN- REAL PROPERTY LOCATED ON THE WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES 8~ BOUNDS 21/01, ALL OF ,METES ~. BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM RESIDENTIAL URBAN TO INSTITUTIONAL; 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 COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See legal description attached hereto From: Residential Urban (LUZ2003-03002) To: Institutional Section 2. The City Commission 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 § 163.3'189, 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. The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance with Chapter 163.3184, Florida Statute. PASSED ON FIRST READING June 19, 2003 Ordinance No. 7124-03 PASSED ON SECOND AND FINAL READING AND ADOPTED • July 17, 2003 /s/ Brian J. Aungst Brian J. Aungst Mayor-Commissioner Approved as to form: /s/ Leslie K. Dougall-Sides Leslie K. Dougall-Sides Assistant City Attorney READOPTED ON THIRD READING AS AMENDED Attest: /s/ Cynthia E. Goudeau Cynthia E. Goudeau City Clerk 6 ' n . Aung Mayor-Com issioner Approved as to form: Leslie K. Dougall i s Assistant City Atto ey Attest: _~ Cy hia E. Goudeau Cit Jerk _. ~ Ordinance No. 7124=03 • • Legal Description of LUZ2003-03002 Regency Oaks, LLC & Sylvan Health Properties, LLC The Northeast %4 of the Northwest'/4 of Section 5, Township 29 South, Range 16 East, less and except the following described parcels: Commence at the Southeast corner of the Northeast'/< of the Northwest'/4 of said Section 5; thence N 89° 39' 17" W, along the South line of the Northeast'/4 of the Northwest'/4 of said Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence continue N 89° 39' 17" W, along said South line, for 270.32 feet; thence N 00° 53' 02" W, along the West line of the Northeast'/4 of the Northwest'/4 of said Section 5, for 270.50 feet; thence N 60° 36' S8" E, for 463.00 feet; thence S 29° 23' 02" E, for 290.00 feet; thence S 47° 43' 33" W, for 366.56 feet to the POINT OF BEGINNING, and less and except the right of way of Soule Road. And, Commence at the North '/e corner of said Section 5; thence S 00° 22' 34" W, along the North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of the Northeast'/4 of the Northwest'/4 of said Section 5; thence N 89° 39' 20" W, along the South line of the Northeast'/4 of the Northwest %4 of said Section 5, for 1,216.65 feet to the POINT OF BEGINNING; thence continue N 89° 39' 20" W, along said South line, for 127.00 feet to the Southwest corner of the Northeast'/4 of the Northwest'/4 of said Section 5; thence N 00° 48' 20" E, along the West line of the Northeast %4 of the Northwest %4 of said Section 5, for 868.87 feet; thence S 23° 22' 44" E, for 75.15 feet; thence S 13° 55' 32" W, for 123.81 feet; thence S 01 ° 08' 34" W, for 199.10 feet; thence S 25° 10' 05" E, for 59.66 feet; thence S 00° 29' 48" E, for 60.38 feet; thence S 08° 19' 12" E, for 126.79 feet; thence S 41 ° 40' S0" E, for 53.21 feet; thence S 49° 10" 01" E, for 62.54 feet; thence S 02° 55' 24" W, for 161.08 feet to the POINT OF BEGINNING. C)rrlinan~a Nn 7174-f1'i • • R/OG O R Ta ~ t' ^ '~ z6 _ s ,. s ~ ~ a C ~~%"- ~ ga ~ x3, ~ ; •' ~ 3 2627 2629 261] ~ ~ R R ~ ~ ~ °~ a i ~ '°°' ' ^. ^ ^ CG OG °"F~/OS ,n, ~ , ^ IN ~. " RU 0 ~~ ° ~ ~~~ W .INS. 9p W K R/O/R I S ~ D R y x ROB/NWOOD CG P RL RLM ADOPTED FUTURE LAND USE PLAN MAP Owners: Regency Oaks, LLC 8~ Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701, 2720, 2751 8~ 2770 Regency Oaks Blvd. Property Size(Acres): 35.7 Land Use Zoning 05/29/16/00000/210/0000 05/29/16/00000/210/0100 PIN: 05/29/16/00000/210/0200 From : RU LMDR 05/29/16/00000/210/0300 To: INS I Atlas Page: 255A ~~ Comprehensive Plan Citizen Coui~ Information List Page 1 of 1 Comprehensive Plan Citizen Courtesy Information List Local f ~ C ( ~` Government: C v ~ ~ ~~ t~ ~ r Hearing Date: ~G~ ~ ~ Z~~ 3 Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response(s) which is of Interest Written Spoken Comment Comment (~ /VO ~(-f r L~ ~ (u~ ~~ C s 1l ~e ~ c s file://S :\Planning%20Department\D CA\Comprehensive%20Plan%20Citizen%20Courtes... 10/27/2003 ~„E .~^,~ r • • ~~ .~} ~ ~~ h~N~s STATE OF FLORIDA • j D~E~P•A>RTMENT OF COMMUNITY AFFAIRS "Dedicated to making. Florida a better place to .call home" JEB BUSH COLLEEN CASTILLE • - `/ Secretary Governor ~ l ~~' tl ~~ StN ~ ~ 2003 September 1, 2003 ~~~l~l~iN~ DEPARTMEP~` ~.~lT>,' ~F CLEARUV/~11?'~F The Honorable Brian Aungst, Mayor-Commissioner °~ City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33758 Dear Mayor Aungst: The Department has conducted a preliminary review of the City's proposed comprehensive plan amendment received on July 29, 2003, DCA reference No. 03-2. The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. In addition, the Department has not received any recommendation for review from the Talrtpa'Bay`Regional PlanningCouncil or •any-affected person regarding the proposed amendment. Therefore, the proposed amendment will not be reviewed and the Objections, Recommendations and Comments report will be waived. The City may proceed to immediately adopt the amendment. Also, pursuant to Chapter 1632.3189(2)(a), F.S., the Department recommends that the City include the following language in the adoption ordinance regarding the effective date of the adopted amendment. "The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance with Chapter 163.3184, F.S." 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-21.00 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: httg•//www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING Eh1ERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 2t2 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050.2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 _. (305) 289-2402 (850) 488-2356 (Bi0) 413-9969 (BSO) 488-7956 li ' z Honorable Brian ~st, Mayor-Commissioner • I ~ September 1, 2003 ~' .1 .:+~age 2 ~I _ , - ; Further, the Department's notice of intent to find a plan amendment in compliance shall • be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice pursuant to Chapter 1 63.3184(9), F.S. This letter should be made available for public inspection. If you have any questions, please contact Michael Sherman, AICP, the Principal Planner overseeing the review of the amendment, at (850) 922-1825. Sincerely, arlie ~duthier, ~I~I~ ting Division ' ector vision of Community Planning CG/ms cc: Mr. Manny Pumariega, Executive Director, TBRPC Ms. Gina Clayton, Long Range Planning Manager ~.. DEPARTMENT STATE OF FLORIDA OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor Ms. Cynthia Tarapani, I?irector City of Clearwater Planning Department Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Ms. Tarapani: ~_.``:: _ n~ sag ~ ?, k;; ~.~~'~~ ~,~~~,~ ~ ~ `~~ ~"a~ ~$_w~~-e~~ ~~ Thank you for submitting the proposed amendments to your comprehensive plan. Our reference number for this amendment package is Clearwater 03-2. We have conducted an inventory of the plan amendment package to verify the inclusion of all required materials. The submission package appears to be complete, and your proposed plan amendment will be reviewed pursuant to Chapter 163, Florida Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. The Department will evaluate the proposed amendments and mail you a notification on September 1, 2003, with its determination as to whether the amendments will be reviewed pursuant to Chapter 163.3184 and Rule 9J-11.009, F.A.C. The Department's notification will identify the amendments that will and will not be reviewed. Also, please be advised that Section 163.3184(8)(c), Florida Statutes, requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan. amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event no names, addresses are provided, please provide this information as well. For efficiency, we encourage that the information sheet be provided in electronic format. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466lSuncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: htt~//www dca.state.fl.us COLLEEN CASTILLE Secretary ~~ July 29, 2003 ~, ~ -~~ t CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (3051289-2402 (850) 488-2356 f850) 4139969 (850) 486-7956 • • • Ms. Cynthia Taraparu July 29, 2003 Page Two If you have any questions please contact Marina Pennington, Regional Planning Administrator, that will be overseeing the review of the amendment and assigning the amendment to the respective planner for review, at (850) 487-4545. Sincerely, D. Ray Eubanks, dministrator Plan Review and Processing DRE/af . - • • Florida Department o f Transportation 1 1201 N. McKinley Drive • Tampa, Fl 33612-6456 • Phone (813 975-6000 • 1-800-226-7220 JEB BUSH ~~~~~ GOVERNOR July 30, 2003 ~~~L ~ ~ zoo3 Mr. Charles Gauthier, AICP Chief, Office of Comprehensive Planning Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ,~-~~~~~ ~~~ ~w~ ~~T cam ~~ ~~-~~ RE: City of Clearwater Proposed Comprehensive Plan Amendment 03-2; Preliminary Review Determination Dear Mr. Gauthier: JOSE ABREU SECRETARY The Department has conducted a review of the above referenced document in accordance with the provisions of Chapter 93-206, Laws of Florida; Chapter 9J-5, Florida Administrative Code; and the Department's Review Guidelines for Local Government Comprehensive Plans. We do not expect the. proposed amendment to have an adverse impact on the Florida Intrastate Highway System, or a significant impact on the Florida Transportation System. Should the application vary upon a future re-submittal, we would request the opportunity to review it. The Department appreciates the opportunity to review and comment on the proposed Amendment. If you have any questions, please call me at SunCom S 12-7801, or (813) 975-6444. Yours Truly, ~~ , r Carol M. Collins LGCP and CMS Coordinator cc: Bob Romig, Director of Policy Planning, FDOT Cynthia Tarapani, AICP, Director of Planning, City of Clearwater Gina Clayton, Long Range Planning Manager, City of Clearwater www.dot.state.fl.us ~ RECYCLED PAPER • DEPARTMENT • _ ~~._'. - `=:~~~- STATE OF FLORIDA O'F COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH COLLEEN CASTILLE Governor Secretary July 29, 2003 Ms. Cynthia Tarapani, Director City of Clearwater Planning Department Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Ms. Tarapani: The Departments records reflect that the City of Clearwater has submitted its second proposed comprehensive plan amendment submittal for the year 2003. The reference number for this package is DCA # 03-2. Pursuant to Section 163.3184(3)(b), Florida Statutes and Rule 9J-11.006(1), Florida Administrative Code, local governing bodies shall consolidate all proposed plan amendments into a single submission for each of the two plan amendment adoption dates during the calendar year. Therefore, amendment package DCA # 03-2 is the final submittal that the local government can submit for an amendment adopted during calendar year 2003 unless the amendment meets the requirements of Section 163.3187(1), Florida Statutes and Rule 9J- 11.006(1)(a)7, Florida Administrative Code. If the City is intending to submit another proposed amendment submittal package for adoption in this calendar year, the City should withdraw the amendment package DCA# 03-2 -and combine it with the other proposed amendments and then transmit it to the Department pursuant to Section 163.3184(3), Florida Statutes and Rule 9J-11.006, Florida Administrative Code. The Department looks forward to working with and assisting the City in resolving any issues identified in this procedural matter. If you require further assistance concerning this issue, please contact me or Anita Franklin, Senior Plan Processor, at (850) 488-4925 or Suncom 278- 4925. Sincere urs, D. Ray Eubanks Plan Review and Processing Administrator DRE/af 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Intern=,t address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 ~ 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050.2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399.2100 Tallahassee, FL 32399-2100 (3051289-2402 (8501488-2356 (8501413-9969 (8501488-7956 ~ • ..~. !,~ Tampa 8ay,7Z.egional Planning Councfl Chair vice-Chair Secretary/Treasurer Executive Director Commissioner Barbara Sheen Todd Commissioner Steve Simon Commissioner Jane von Hahmann Manny L. Pumariega August 1, 2003 Cynthia Tarapani, AICP Director of Planning City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Ms. Tarapani: ~'~: Enclosed is a copy of the Council's review of City of Clearwaters's second proposed amendment of 2003. The report will be an agenda item for Council consideration at the Monday, August 1 1, 2003, Council meeting, which will begin at 10:00 a.m. Please do not hesitate to contact me if more information or clarification concerning the contents of the report is needed. Sincerely, SS~.~(,~a~~ ~f H. Gerald Smelt, AICP Governmental Services Coordinator Enclosure 9455 Koger Boulevard, Suite 219, St. Petersburg, FL 33702-2491 Phone (727) 570-5151 FAX (727) 570-51 18 State Number 513-5066 www.tbrpc.org ~- '6 • • , _ _ ~ .`~ ! ,~~ ~' ~ € ~:~, Agenda Item #3.H.4 08/11/03 =~_i_~~~R- .. _.._...._......_._......_...._..........._ ................................._....._......_. _ R @ Tampa Bay 1Leg/anal P/mm/ng C LnC/) LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AMENDMENT REPORT City of Clearwater DCA # 03-2 PURSUANT TO SECTION 163.3184(6)(a), FLORIDA STATUTES, IT IS REQUESTED THAT DCA REVIEW THE PROPOSED AMENDMENTS. :1MF~IDME:'~T # - -Future Land Use Map General Description In 1987, the site was annexed into the City and zoned Residential Planned Development, which permitted the current uses as congregate care. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to LMDR(see below), rendering it consistent with the underlying RU (see below) Future Land Use Plan category and making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation, as shown below, to render this site conforming. From Land Use: Residential Urban (RU) Zoning: Low Medium Density Residential (LMDR) District To Land Use: Institutional (INS) Zoning: Institutional (I) District Size 35.7 acres Location Regency Oaks Boulevard, located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road Existin Use Assisted Living Facility and Skilled Nursing Facility Pro osed Use Assisted Living Facility and Skilled Nursing Facility For Council meeting of August 11, 2003 Report prepared by: Jessica White, Ext. 288 • • Adjacent Designations North: Residential Suburban (RS) South: Residential Low (RL) and Institutional (INS) East: Institutional (INS) West: Residential/Office General (R/OG), Preservation (P), and Institutional (INS) Adjacent Uses North: Single-Family Residential South: Single-Family Residential & Social Community Center East: Cemetery West: Mobile Home Park & Office Re ionall Si nificant No. Result in extra- No. 'urisdictional im acts? Impact regional No. facilities/ resources? Re Tonal Comments None. Applicable SRPP Not applicable. Policies Consistent with SRPP Yes. ~n' CI ~LIL AI b L~ %~ ~ ~ ~ ~ ~- ~ -n~- ~ qq ~N l - t , _+C-7 i J 1I1 i ~' ?, ~ Ifs rte} ~ ~ ~ I '-~'~-".N ~ cN ';~ ~ 7". ~., t i._ ~~~ _~ ~- ~ I% c7 1' ~f' r-~ ~'llI~7I ~ J _~ ~rJ __: j ~1 - 1 ~ a Q'~ J r r* ~~% fly- SS1 5 p~ r:., 1~ ' ~~ ~ ~~,,. r~ ~ ~~I 1-k~~~ ~I I t ~~~4fr1'a 77 ioi ~' ~1~ r E - ~r:iC _~ 1 ~ ~ ~~~~ ~1 . p~fi~Lri? r u~i>>~2i;'~'~ ! l~ r1 1 1~1~ car l- T~,..<m ~F4t?di," I LOCATION MAP Owned: Rc~Oenry Ogks. LLC: A SNvan MAONh Pr=peAies. L.oSe: IA1ZiY)i~300002~ Silo: 2701. 27:9.2751E 177C Recency Oaks blvd. I Prnpeiy .,0:00 -Size~Abesl' Long Usc Zoning ~ 05/74/ 6/!70000/2.10/00[:0 -.......__. '._.___.._........_.....__... _..::...._.__-~ i OS/2y7t6/OOGUOi 7'.0/UI(ki Pay' OS/2?/76/M00012f0/02UU kom: Ru - trnnR 1 ~ U5/74!'6/ocxXn)2:0/0300 to: INS I 1 Ailas Pays: ~ 255y. I For Council meeting of August 11, 2003 rl n iS ~' t~ '~, q 9 ~. 4, a .~ 4S :/ cie.,w:. i~:::.4 ~~. r Lrwa .~e s ~ +~ q~:+ `ay~R ~ e~ L„z~E'A ~le~ .'~?~~a`:~~r~/~sa fir.@-t Report prepared by: Jessica White, Ext. 288 • • - -- R/OG ~ ~R ~ r f - s ~~ ~ ~ ~ ~ C _ ~ ~, ~~ . . :~5 R ~ _ ~' ® ® ~~ ®l e ~ rNln . _ CG d OG t ~ ~ ~J R/05 ® -'" ~ L~ ' /N ~e®e RU ' ~ ~ ~ 1N5 f ~ -___.. R/O/R ~! ... _. ~i S F2L F ='~ CG ~~ {~_ ' P RL RLNI _ -~i; PROPOSED FUTURE LAND. USE PLAN N{AP necs: Regency O~ks,:LLC ~, Sylvan Health ?roperties, Ow Case: s LUZ2C03-03002 . [LC Sife:l_701,.2720,2751 $; 2770 Regency Ogks8lvd' i Size~Acresj: i 35.7 LiandUse ~~--~-_~_~~~~- Zoning ~ O~29/16!000~7J/2.]n/ODJD - : ! OSG2S/.16100000/210/OLCO ,__. __..__..__ . PIN: i 0572SZ15/COJ00;.210/~20'~ from: Rl.' L\ADR. OS/29%16l0000(113101~30J . Tb:. INS ~ I ~ AflasF'age: i 255A .~, ~, _ w J x+~s ~,xu, `ve ~~ ;~„ - ~~~ ~, i ;'' - ~ ~ For Council meeting of August 11, 2003 tt,, i". _. ~.. ~, :°5tl it ~... [~n Nor ^q,fi,- G eg ~+~ ~r`c°~?, ~pR;$~.F.,',.:~.. ~y Report prepared by: Jessica White, Ext. 288 City of Clearwater Proposed Local Government Comprehensive Plan Amendment Second Submitta12003 July 21, 2003 LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment July 21, 2003 Pinellas County Planning Department 600 Cleveland Street, Suite 750 Clearwater, FL 33755 Tampa Bay Regional Planning Council Attn: Gerald Smelt, Principal Planner 9455 Koger Boulevard, # 219 St. Petersburg, FL 33702 Southwest Florida Water Management District Attn: Richard S. Owen, AICP, Planning Director 2379 Broad Street Brooksville, FL 34604-6899 Florida Department of State Bureau of Historic Preservation Attn: Ms. Susan Harp R.A. Gray Building 500 South Bronough Street Tallahassee, F1323-99-0250 Florida Department of Transportation District Seven Attn: Carol M. Collins, LGCP & CMS Coordinator 11201 North McKinley Drive Mail Station 7-500 Tampa, FL 33612-6456 Department of Environmental Protection Attn: Lindy McDowell, Environmental Manager Office of Intergovernmental Programs 3900 Commonwealth Boulevard, Mail Station 47 Tallahassee, FL 32399-3000 RE: Transmittal of one (1) Future Land Use Map Amendment for the City of Clearwater. To whom it may concern: Pursuant to Rule 9J-11.006(1) of the Florida Administrative Code, the City of Clearwater is submitting one (1) proposed Future Land Use Map Amendment to the aforementioned organizations. Also, enclosed is a copy of the transmittal letter sent to the Department of Community Affairs. If you need further assistance, please contact Gina Clayton, Long Range Planning Manager at 727-562- 45 87. Sincerely, Y Cynthia Tarapani, AIC Director of Planning City of Clearwater • CITY OF CLEARWATEI~ PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, lOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727] 562-4567 FAx (727) 562-4576 LANG RANGE PLANNING DEVELOPMENT REVIEW July 24, 2003 Mr. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning Division of Community Planning Plan Processing Team 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Transmittal of Future Land Use Element Amendment for the City of Clearwater Dear Mr. Eubanks: The City of Clearwater is submitting this transmittal as part of the requirements pursuant to 9J-11.006 "Submittal Requirements for Proposed Local Government Comprehensive Plan Amendments". This is the City's second amendment package transmittal for 2003 and it is requested that it be processed as a Preliminary Review. The City is transmitting one (1) proposed Plan Amendment with this letter for your review: LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment The Clearwater Community Development Board (CDB), as the Local Planning Agency, held a public meeting on May 20, 2002 for LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment. The CDB recommended approval to the City Commission on the Plan Amendment. 9J-11.006(1)(a)2: The Clearwater City Commission held a public hearing on June 19, 2003 to approve the transmittal of LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment. The above proposed plan amendment and one copy of each item specified under paragraphs 9J- 11.006(1)(a), (b), (c), and (d), FAC, were sent to the Pinellas County Planning Department, Tampa Bay Regional Planning Council, Southwest Florida Water Management District, the Florida Department of Transportation, the Florida Department of State and the Florida Department of Environmental Protection on July 24, 2003. BRIAN J. AUNGST, MAYOR-COMMISSIONER HOVT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER BILI. JONSON, COMMISSIONER ~~EQUAL EMPLOYMEN"1' AND AFFIRMA'T'IVE ACTION EMPLOYER~~ ~ ~ 9J-11.006(1)(a)3: The Future Land Use Map amendment is being proposed as part of this submittal package. The following is a summary of this amendment: LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment proposes to amend the Future Land Use Map from Residential Urban (RU) to Institutional (INS) for 35.7-acres of property to render an existing assisted living facility and skilled nursing facility use conforming to the City of Clearwater Future Land Use Map and Community Development Code. The City of Clearwater requests the Department to process the proposed amendment as a Preliminary Review. 9J-11.006(1)(a)4: The amendment is proposed for adoption subsequent to receipt of the Department objections, recommendations, and comments report and preparation of changes required by the report. The anticipated month of adoption is October 2003. 9J-11.0061(1)(a)5: The proposed amendment does not pertain to an area of critical state concern. 9J-11.0061(1)(a)6: The plan amendment is not within Orange, Lake or Seminole Counties. 9J-11.0061(1)(a)7.e: The proposed plan amendment does not qualify as an exemption under the twice per calendar year limitation on the adoption of comprehensive plan amendments. 9J-11.0061(1)(a)8: Copies of the completed adopted Clearwater Comprehensive Plan, and any amendments to said plan, have been submitted to the following agencies: the Pinellas County Planning Department, the Tampa Bay Regional Planning Council, the Southwest Florida Management District, the Department of State, the Department of Transportation, and the Department of Environmental Protection. 9J-11.0061(1)(a)9: The plan amendment is not proposed for adoption under a joint planning agreement. 9J-11.0061(1)(a)10: Gina Clayton Long Range Planning Manager 100 S. Myrtle Avenue Clearwater, FL 33758-4748 Telephone: 727-5 62-45 87 Fax: 727-562-4865 Email: gclayton@cearwater-fl.com If you need further assistance, please contact Gina Clayton. Thank you for your courtesy in this matter. Sincerely, Cynthia Tarapani, AICP Director of Planning City of Clearwater Enclosures S: IPlnnning DepartmentlDCAILARGE SCALE AMENDMENTS12003 Submissions12003 2nd Large scale DCA transmittal letter.doc • CDB Meeting Date: May 20, 2003 Case No.: LUZ2003-03002 Agenda Item: E 1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: Regency Oaks, LLC & Sylvan Health Properties, LLC REPRESENTATIVE: E. D. Armstrong, Esquire LOCATION: 2701, 2720, 2751 & 2770 Regency Oaks Boulevard, located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Residential Urban (RU) to Institutional (INS); and To rezone from the LMDR, Low Medium Density Residential District to the I, Institutional District. SITE INFORMATION: PROPERTY SIZE: 1,555,119 square feet or 35.7 acres DIMENSIONS OF SITE: 1,300 feet by 1,330 feet. (combined lots) m.o.l. PROPERTY USE: Current Use: Assisted Living Facility and Skilled Nursing Facility Proposed Use: Assisted Living Facility and Skilled Nursing Facility PLAN CATEGORY: Current Category: Residential Urban (RU) Proposed Category: Institutional (INS) ZONING DISTRICT: Current District: Low Medium Density Residential (LMDR) Proposed District: Institutional (~ Staff Report -Community Development Board -May 20, 2003 -Case LUZ2003-03002 -Page 1 EXISTING SURROUNDING USES: North: Single-Family Residential South: Single-Family Residential & Social Community Center East: Cemetery West: Mobile Home Park & Office ANALYSIS Introduction The Future Land Use Plan amendment and Rezoning application involves four (4) parcels of land, approximately 35.7-acres in area and is occupied by two (2) assisted living facilities containing 530 beds and one (1) skilled nursing facility containing 120 beds, all totaling 146,524 square feet of building area. In 1987, the site was annexed into the City and zoned Residential Planned Development (RPD), which permitted the current uses as congregate care, and developed pursuant to a certified site plan. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to the LMDR, Low Medium Density Residential District, rendering it consistent with the underlying Residential Urban (RU) Future Land Use Plan category and making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Institutional (INS) category and to rezone it from the LMDR, Low Medium Density Residential District to the I, Institutional District to render this site conforming. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the acreage involved in this plan amendment, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.1 & 4-603.F.1 ] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.0 Goal - A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. 3.2.1 Objective -Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. 13.5 Objective -Continue to provide zoning and land use regulations which allow the establishment of group homes, foster care facilities and special needs housing subject to minimum State requirements. Staff Report -Community Development Board -May 20, 2003 -Case LUZ2003-03002 -Page 2 13.5.2 Policy -Encourage and assist human services agencies and other community groups in developing special living facilities at a level appropriate to Clearwater's population and needs. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Institutional (INS) category, as specified in Section 2.3.3.7.3 of the Countywide Rules, is to designate areas in the County that are now used, or appropriate to be used for public/semi-public institutional purposes and to recognize such areas consistent with the need, character and scale of the institutional use relative to the surrounding uses, transportation facilities, and natural resource features. The Institutional (INS) category is generally appropriate where educational, health, public safety, civic and religious uses are required to serve the community throughout the County. The location should acknowledge the special needs of these uses relative to their relationship with surrounding uses and transportation needs. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Sunset Point Road Corridor In the location of the subject site, Sunset Point Road is a four-lane divided roadway with infrequent traffic signals. The Sunset Point corridor in this area between U.S. 19 North and McMullen Booth Road is characterized by a variety of development including residential, commercial, institutional and office uses. The Countywide Future Land Use Plan has designated land in this area on the north and south side of Sunset Point Road Commercial General, Residential/Office General, ResidentiaUOffice Limited, Institutional, Residential Low and Residential Suburban. Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding area to the east is Institutional (INS) and the areas to the west are designated Residential/Office General (R/OG), Preservation (P) and Institutional (INS). The Residential Low (RL) and Institutional (INS) categories border the site to the south, while the properties to the north are designated Residential Suburban (RS). The existing surrounding uses include single-family residential dwellings to the north and south, as well as preservation/open space to the south. A cemetery is located to the east of the property and a mobile home park and office structures occupy the properties to the west. Staff Report -Community Development Board -May 20, 2003 -Case LUZ2003-03002 -Page 3 ~ • The proposed future land use plan amendment and rezoning are compatible with the surrounding uses due the residential character of the use. IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5] The subject site is approximately 35.7-acres and is currently occupied by two (2) assisted living facilities and one (1) skilled nursing facility. Based on a maximum permitted density in the RU category of 7.5 dwelling units per acre, or 3.0 beds per dwelling unit for residential equivalent uses, 267 dwelling units or 801 beds would be permitted on this site. Based on a maximum .permitted density in the INS category of 12.5 dwelling units per acre, or 3.0 beds per dwelling unit for residential equivalent uses, a maximum of 446 dwelling units or 1,338 beds would be permitted on this site provided all code requirements are met. Approval of this plan amendment could permit- the development of an additional 537 beds on this site. However, no new development is proposed at this time and the applicant's intention is only to bring a legal, non- conforming structure into compliance with the City's Community Development Code and continue the current use. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. MAXIMUM: POTENTIAL TRAFFIC Current 'Existing Proposed' Net New Sunset Point Road Situation Plant Plant Tri s Maximum Dail Added Potential Tri s N/A 2,499 2,249 -250 Maximum PM Peak Hour Added Potential Tri s' N/A 312 281 -31 Volume of Sunset Point Road from US 19 to McMullen Booth 17,735 20,234 19,984 -250 LOS of Memorial Causewa from Drew Street to SR 60 B B B B N/A =Not Applicable LOS =Level-of-Service 1 =Based on PPC calculations of 70 trips per day per acre for the Residential Urban Future Land Use Plan Category . 2 =Based on PPC calculations of 63 trips per day per acre for the Institutional Future Land Use Plan Category. 3 =City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Sunset Point Road segments in the vicinity of this site a level of service (LOS) B. The proposed use of the application will not decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segment's level of service as no new development is proposed at this time. 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. Staff Report -Community Development Board -May 20, 2003 -Case LUZ2003-03002 -Page 4 • • Dwelling Daily .Net Increase PM Net Increase Uses Units/ Trips of Average Peak of PM Peak ..Beds: Daily Trips, Trips Trips Existing Zoning/Future Land Use Plan Congregate Care Facility g01 beds 1,722 N/A 168 N/A 2.15 tri s/occu ied dwellin unit Apartment 267 units 1,770 48 178 10 (6.63 trips/dwelling unit) Single-family Dwelling 267 units 2,555 833 272 104 (9.57 trips/dwelling unit) Proposed Zoning/Future Land Use Plan 585 Students - Elementary School Avg. number in 596 (-1,126). 152 (-16) (1.02 trips per student) Pinellas County Schools Congregate Care Facility 1,338 beds 2,876 1,154 280 112 (2.15 trips/occupied dwelling unit) Nursing Home 1,338 beds 3,492 1,770 481 313 (2.61 trips per bed) The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in the degradation of the existing LOS to the surrounding roads network. In addition, no impact on the operational efficiency of the signalized intersections of Sunset Point Road and US 19 North and Sunset Point Road and McMullen Booth Road is anticipated by the proposed amendment. 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 located within'/4 mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along Sunset Point Road. Water The current zoning district could demand approximately 66,750 gallons per day. Under the proposed zoning district, water demand could approach approximately 101,080 gallons per day. The maximum development potential permitted under the proposed land use and zoning districts will not affect the City's current LOS for water. Wastewater The current zoning district could demand approximately 53,400 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 80,864 gallons per day. The maximum development potential permitted under the proposed land use and zoning districts will not affect the City's current LOS for wastewater. Staff Report -Community Development Board -May 20, 2003 -Case LUZ2003-03002 -Page 5 • • Solid Waste The current zoning could result iri 676 tons of solid waste per year for a commercial site. Under the proposed zoning district, there could be approximately 1,465 tons of solid waste generated per year. The maximum development potential permitted under the proposed land use and zoning districts will not affect the City's current LOS for solid waste disposal. Recreation and Open Space As this is an existing assisted living facility and skilled nursing facility and the use will not change, the proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] As there are no wetlands on the subject site that could be impacted by future development, the natural environment will not be affected. In addition, the Preservation zoning district located west of the subject site is not being included as part of this application and will preserved into the future. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The location of the proposed Institutional (INS) boundaries are logical and an appropriate classification between the single-family .uses to the north and south and the office and mobile home park uses to the west and the cemetery use to the east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2=1201.1. & 4-602.F.I. and .2.] The proposed I, Institutional District permits a FAR of 0.65 and the existing LMDR, Low Medium Density Residential District permits a less intensive FAR of 0.40. The 0.85 ISR of the proposed District is more intensive than the current Low Medium Density Residential District at 0.65. The size of the subject site is 1,555,809 square feet, and each individual parcel exceeds the minimum lot area requirement of 20,000 square feet and minimum lot width requirement of 100 feet for the Institutional zoning district. Therefore, the parcels meet the size requirements of the proposed District and the existing uses are permitted in the Institutional District. The subject site is part of a Certified Site Plan (CSP), which created the original Residential Planned Development (RPD) zoning for the site. Side and rear setbacks approved through this CSP do not comply with current code requirements, however are legally permitted through the CSP. A companion Flexible Development Application has been submitted to render the site conforming with respect to all non-conforming setback, height and parking requirements currently found on the site (See Case Number FLD2003-03016; Agenda Item C8). 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 Staff Report -Community Development Board -May 20, 2003 -Case LUZ2003-03002 -Page 6 • • met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The existing and proposed use of this property is consistent with the Institutional zoning district regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Residential Urban (RU) to Institutional (INS) and a rezoning from the LMDR, Low Medium Density Residential District to the I, Institutional District for the subject property is necessary to bring this existing non-conforming use into compliance with the Community Development Code. The neighborhood is surrounded by single-family residential dwellings to the north and south; a cemetery to the east; and a mobile home park and offices to the west. The proposed Institutional Future Land Use Plan classification and Institutional zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from Residential Urban (RU) to Institutional (INS), and 2. Amend the zoning district designation of 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from the LMDR, Low Medium Density Residential District to the I, Institutional District. Prepared by Planning Department Staff, Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs Marc A. Mariano, Planner S: (Planning DepartmentlC D BlLand Use AmendmentslLUZ 10031LUZ2003-03002 Regency Oaks & Sylvan Health Prop 2751 Regency Oaks BIvdILUZ2003-03002 Regency0aks staffreport.doc Staff Report -Community Development Board -May 20, 2003 -Case LUZ2003-03002 -Page 7 NOTICE OF REZONING AND LAND USE PLAN AMENDMENT PUBLIC HEARING Schedule of Public Hearings: Tuesday, May 20, 2003 before the Community Development Board, at 2:00 p.m. Thursday, June 19, 2003 before the City Commission (1st Reading), at 6:00 p.m. Thursday, July 17, 2003 before the City Commission (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. (Regency Oaks, LLC & Sylvan Health Properties, LLC) LUZ 2003- 03002 NOTE• All persons wishing to address an item need to be present at the BEGINNING of the Community Development Board meeting Those cases that are not contested by the applicant, staff. neighboring property owners etc will be placed on a consent agenda and approved by a single vote at the beginning of the meeting The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7124-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSNE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM RESIDENTIAL URBAN TO INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE. ORDINANCE N0.7125-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. 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 Commission, with respect to any matter considered at such hearings, 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 appeal is to be based per Florida Statute 286.0105. An oath will be administered swearing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL 33756, or call (727) 562-4567. Gina Clayton Cynthia E. Goudeau, CMC Planning Department City Clerk City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR REQUEST AT (727) 562-4093. Ad: 05/04/03 & 06/29/03 r ~ ~~~. i ~' ~ ~ I , ~., _ _ _ _, 1 PROJECT ~~~, ~ -~ SITE I 4 ~~, _ , '` oU 8 ~ ~ .- "~ ~ ~ ~;~i ., r_~,~'°~ _. - n f ~` ~ ~> ~ ~~ ~ ~, ~. - a ~~~ r > ~ ' _ r~ . , i ~ .: C_~r ~ `. 'F Q~ C ~, ,,, LOCATION MAP Regency Oaks, LLC & Sylvan Health Properties, Owners: ~ Case: ~ LUZ2003-03002 LLC Site: 2701, 2720, 27518 2770 Regency Oaks Blvd. Property 30.00 Size(Acres). ~ Land Use Zoning ~ OS/29/16/00000/210/0000 i 05/29/16/00000/210/0100 PIN: 05/29/16/00000/210/0200 From : RU LMDR ~ 05/29/16/00000/210/0300 To: INS I I Atlas Page: ~ 255A i R/OG O R ~ ~ ~ ~s~ , a e~~e ~ a ~ ~e ~ C au ~ u ;~ ~ X631 ~ •' ' 3 2~> ~6Z9 ]633 & ~ R ~ '~ ~ ~~ ^^^ ^ ^^^ ^^ NION ST CG OG ~°,. l~/C~G ,.,R/OS n ,n~ ,~ ^ ^ IN N 0 ~~ W INS. +'A W C W R/O/R I S ~L ~ ^ ROB/NWOOD DR CG ~ K P RL RLM PROPOSED FUTURE LAND USE PLAN MAP Owners: Regency Oaks, LLC 8~ Sylvan Health Properties, Case: ~ LUZ2003-03002 LLC Site: 2701, 2720, 2751 8~ 2770 Regency Oaks Blvd. Property ~ 35.7 Size(Acres): Land Use Zoning OS/29/16/00000/210/0000 ~ 05/29/16/00000/210/0100 PIN: 05/29/16/00000/210/0200 From : RU LMDR 05/29/16/00000/210/0300 To: INS I Atlas Page: 255A I C HD .~ ,. i.. -~ OS/R r i ii i i i 7 7 1 : i i :i i t i e a ^ - r t .. a B :i :s a Q - --~ - ~, .'s I Y O - >, .~ ? W W .. .. RQ MHP P it i:N:i: i:L': i .' rv i ~. ' - ~ ~- - i i - LMD ZONING MAP Owners: Regency Oaks; LLC 8~ Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701, 2720, 2751 8~ 2770 Regency Oaks Blvd. Property Size~Acres): 35.7 Land Use Zoning f 05/29/16/00000/210/0000 ' 05/29/16/00000/210/0100 PIN: ~ 05/29/16/00000/210/0200 From : RU LMDR 05/29/16/00000/210/0300 To: INS I i Atlas Page: 255A i : E E E E i E! - 1y _~ ~ o ~ g~ _ .: .~ ~a ,E : ~_ 'I~." E _„ ~ r ' ~ ed :: _. ~~~~ O~fiEe - iving y Mobile Home. - ~ - _ ~ Park. S ~ rsin~ Cemetery _ -. F - e ><c e a es ~~ ~. 1 - Warehouse ' _ Mobile Home SociaU y Park Community ~ - _ ~" Center ~ tail"~ Vacan - - ~ - - ~ ' ::I::E:E:::::: . , 7 _ .. E E :. ~. ® , E . _ l .T.RD _ E 1. _ N ;:~~ E : ~ :.. 1 1 E t ~ Y _ E E .. .. ! E - - ~ ~~ ~~-~" , EXISTING SURROUNDING USES Owners: Regency Oaks, LLC 8. Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701, 2720, 2751 8E 2770 Regency Oaks Blvd. Property Size (Acres): 35.7 Land Use Zoning OS/29/16/00000/210/0000 OS/29/16/00000/210/0100 PIN: 05/29/16/00000/210/0200 From : RU LMDR 05/29/16/00000/210/0300 To: INS I Atlas Page: ~ 255A • • ORDINANCE NO. 7124-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM RESIDENTIAL URBAN TO INSTITUTIONAL; 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 COMMISSION 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 ert Land Use Category See legal description attached hereto From: Residential Urban (LUZ2003-03002) To: Institutional Section 2. The,City Commission 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 Brian J. Aungst Mayor-Commissioner App ved as to form: _• ,G. ~~' Leslie K. Dougal - i es Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7124-03 • Legal Description of LUZ2003-03002 Regency Oaks, LLC & Sylvan Health Properties, LLC. The Northeast %4 of the Northwest % of Section 5, Township 29 South, Range 16 East, less and except the following described parcels: Commence at the Southeast corner of the Northeast'/o of the Northwest %4 of said Section 5; thence N 89° 39' 17" W, along the South line of the Northeast %4 of the Northwest'/e of said Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence continue N 89° 39' 17" W, along said South line, for 270.32 feet; thence N 00° 53' 02" W, along the West line of the Northeast '/4 of the Northwest '/4 of said Section 5, for 270.50 feet; thence N 60° 36' 58" E, for 463.00 feet; thence S 29° 23' 02" E, for 290.00 feet; thence S 47° 43' 33" W, for 366.56 feet to the POINT OF BEGINNING, and less and except the right of way of Soule Road. And, Commence at the North '/4 corner of said Section 5; thence S 00° 22' 34" W, along the North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of the Northeast '/4 of the Northwest '/4 of said Section 5; thence N 89° 39' 20" W, along the South line of the Northeast'/4 of the Northwest %4 of said Section 5, for 1,216.65 feet to the POINT OF BEGINNING; thence continue N 89° 39' 20" W, along said South line, for 127.00 feet to the Southwest corner of the Northeast'/4 of the Northwest'/4 of said Section 5; thence N 00° 48' 20" E, along the West line of the Northeast'/4 of the Northwest'/4 of said Section 5, for 868.87 feet; thence S 23° 22' 44" E, for 75.15 feet; thence S 13° 55' 32" W, for 123.81 feet; thence S 01 ° 08' 34" W, for 199.10 feet; thence S 25° 10' 05" E, for 59.66 feet; thence S 00° 29' 48" E, for 60.38 feet; thence S 08° 19' 12" E, for 126.79 feet; thence S 41 ° 40' S0" E, for 53.21 feet; thence S 49° 10" 01" E, for 62.54 feet; thence S 02° 55' 24" W, for 161.08 feet to the POINT OF BEGINNING. Ordinance No. 7124-03 R/OG O R 'k 1 ~ '+• .. R . 8 ., ; 3 ~ C X° M:,1 ~ k - ,µrrr rr E ~~ r ~ ~ 3 ~ •• _ _ ~~ 54 x:n xruo xna r ~ . . CG OG i I ""R/OS I ~...r ~QG ,... ~ , ~. ^ ~~ ~ IN ~, p N • RU ® ~ + O +++ W INS r'A W K 1 R/O/R ~ s L ROBINWOOD OR ~, CG ~ _ - P RL RLM _~ -- FUTURE LAND USE PLAN MAP Regency Oaks, LLC 8~ Sylvan Health Properties, Owners: Case: LUZ2003-03002 LLC Site: 2701, 2720, 2751 8~ 2770 Regency Oaks Blvd. Property Size~Acres): 35.7 Land Use Zoning ~ ~ 05/29/16/00000/210/0000 05/29/16/00000/210/0100 PIN: 05/29/16/00000/210/0200 From : RU LMDR 05/29/16/00000/210/0300 To: INS I Atlas Page: ~ 255A Ordinance No. 7124-03 Site view of the southeast portion of the site ~ 4+ Sir ' " J~.~ y~~~(-t ~ r ~ y .. i~~ n ~ _. .,. M ~. •.. .k.. 4 ~ r. V ~tia , Property to the south rroperry to the norm Regency Oaks, LLC & Sylvan Health Properties, LLC LUZ2003-03002 2701, 2720, 2751 & 2770 Regency Oaks Boulevard Site view of the main building View looking west View looking east • COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER May 20, 2003 Present: Carlen A. Petersen David Gildersleeve Edward Mazur, Jr. Shirley Moran John Doran Alex Plisko Kathy Milam Absent: Ed Hooper Also Present: Leslie Dougall-Sides Lisa Fierce Frank Gerlock Brenda Moses Chair Board Member Board Member Board Member Board Member Board Member Alternate Board Member -voting Vice-Chair Assistant City Attorney Assistant Planning Director Development Review Manager Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A. APPROVAL OF MINUTES OF PREVIOUS MEETING: April 15, 2003 Member Moran moved to approve the minutes of the regular meeting of April 15, 2003, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. B. REQUESTS FOR CONTINUANCE (Items 1 - 3): 1. Case: CU96-46 - 1339, 1341, 1345 Park Street/1344 Pierce Street Level 2 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, 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: 2876. Zoning: C, Commercial District. Request: Trial period review of a previous Conditional Use application for a residential shelter and police substation, as required under conditions of approval. Proposed Use: An existing residential shelter, police substation and parking lot. Neighborhood Association: Gateway Neighborhood, Pat Vaughn, 1326 Pierce St., Apt. #2, Clearwater, FL, 33756/727-461-7599. Presenter: Wayne M. Wells, Senior Planner. Assistant Planning Director Lisa Fierce said the applicant has requested a continuance to the July 2003 CDB (Community Development Board) meeting. In response to a question, Community Development - 2003-0520 1 5/20/03 ~ s 5. Any future freestanding signage be designed as a monument sign at a maximum height of six feet above grade and consistent with the materials and color as the principal building or the brick frontage wall. See Item C10. 6. Case: LUZ2003-03002 - 2701, 2720, 2751 and 2770 Regency Oaks Blvd. Level 3 Application Owners/Applicants: Regency Oaks, LLC & Sylvan Health Properties, LLC. Representative: E. D. Armstrong, III, Esquire (work: 727-461-1818, fax: 727-462-0365, email: ed .ibpfirm.com). Location: 35.7-acres located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road. Atlas Page: 255A. Request: (a) Land Use Plan amendment from RU, Residential Urban Classification to the INS, Institutional Classification; and (b) Rezoning from the LMDR, Low Medium Density Residential District to the I, Institutional District. Proposed Use: Existing nursing facility and assisted living facility. Neighborhood Association(s): Virginia Groves, Paula Clemens, 1746 St. Croix Dr., Clearwater FL 33759. Presenter: Marc A. Mariano, Planner. Member Mazur declared a conflict of interest. The Future Land Use Plan amendment and Rezoning application involves four parcels of land, approximately 35.7 acres in area, and is occupied by two assisted living facilities containing 530 beds and one skilled nursing facility containing 120 beds, all totaling 146,524 square feet of building area. In 1987, the site was annexed into the City and zoned Residential Planned Development (RPD), which permitted the current uses as congregate care, and developed pursuant to a certified site plan. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to the LMDR, Low Medium Density Residential District, rendering it consistent with the underlying Residential Urban (RU) Future Land Use Plan category and making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Institutional (INS) category and to rezone it from the LMDR, Low Medium Density Residential District to the I, Institutional District to render this site conforming. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the acreage involved in this plan amendment, review and approval by the Florida Department of Community Affairs is required. An amendment to the Future Land Use Plan from Residential Urban (RU) to Institutional (INS) and a rezoning from the LMDR, Low Medium Density Residential District to the I, Institutional District for the subject property is necessary to bring this existing non-conforming use into compliance with the Community Development Code. The neighborhood is surrounded by single-family residential dwellings to the north and south; a cemetery to the east; and a mobile home park and offices to the west. Community Development - 2003-0520 15 5/20/03 • • The proposed Institutional Future Land Use Plan classification and Institutional zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends approval of the following actions on this application: 1) Amend the Future Land Use Plan designation of 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from Residential Urban (RU) to Institutional (INS), and 2) amend the zoning district designation of 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from the LMDR ,Low Medium Density Residential District to the I, Institutional District. See Item C10. 7. Case: ANX2003-02004 - 3119 San Mateo Street Level 3 Application Owner/Applicant: Zivan Jovanov (305-345-2039). Location: 0.16-acres located on the south side of San Mateo Street, approximately 200 feet east of McMullen Booth Road and 1,500 feet north of Drew Street. Atlas Page: 283A. Request: (a) Annexation of 0.16 acres to the City of Clearwater; (b) Land Use Plan amendment from the RU, Residential Urban Classification (County) to the RU, Residential Urban Classification (City); and (c) Rezoning from the R-3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City). Proposed Use: Single-family dwelling. Neighborhood Association(s): Del Oro Groves Estates Neighborhood Association; Lucille Casey, 3235 San Mateo Street, Clearwater, FL 33759. Presenter: Marc A. Mariano, Planner. The subject property is on the south side of San Mateo Street, approximately 200 feet east of McMullen Booth Road and 1,500 feet north of Drew Street. The applicant is requesting this annexation to receive City sewer and water service. The property is contiguous with the City boundaries to the north and south; therefore, the proposed annexation is consistent. with Florida Statutes with regard to voluntary annexation. The vacant site is approximately 0.16 acres in area. It is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of LMDR, Low Medium Density Residential. The proposed annexation can be served by City of Clearwater services, including sanitary sewer, water, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant has paid the required water impact fee and sanitary sewer impact fee and assessment fee and is also aware of the additional cost to connect the property to the City sewer and water systems. The proposed annexation and proposed use are consistent with the City's Comprehensive Plan and the Countywide Plan with regard to both the Future Land Use Map as well as the goals and policies. The future use of this site as asingle-family attached dwelling is consistent with the LMDR zoning district. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Community Development - 2003-0520 16 5/20/03 • • Owners/Applicants: William Garced and Lydia Ortiz Garced (727-724-1879). Location: 0.18-acres located on the east side of Grove Drive, approximately 150 feet north of State Route 590. Atlas Page: 264A. Request: (a) Annexation of 0.18 acres to the City of Clearwater; (b) Land Use Plan amendment from the RL, Residential Low Classification (County) to the RL, Residential Low Classification (City of Clearwater); and (c) Rezoning from the R-3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City). Proposed Use: Existing single-family dwelling. Neighborhood Association(s): Virginia Groves, Paula Clemens 1746 St. Croix Dr., Clearwater FL 33759. Presenter: Marc A. Mariano, Planner. The subject property is on the east side of Grove Drive, approximately 150 feet north of State Route 590. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.18 acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LMDR,• Low Medium Density Residential. The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant has paid the required sanitary sewer impact fee and assessment fee and is also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and existing use are consistent with the City's Comprehensive Plan and the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future Land Use Map and the goals and policies. The existing and future use of this site as a single- family detached dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: 1) Approval of the annexation of the property located at 1709 Grove Drive' 2) approval of the Residential Low (RL) category pursuant to the City's Comprehensive Plan; and 3) approval of the LMDR, Low Medium Density Residential zoning district pursuant to the City's Community Development Code. Member Gildersleeve moved to approve Consent Agenda Items C1, Case FLD2003- 003-03015 for 550 North Bayshore Boulevard; Item C4, Case FLD2002-12044 for 100 North Lady Mary Drive; Item C7, Case ANX2003-02004 for 3119 San Mateo Street; Item C8, Case ANX2003-03005 for 1837 Beverly Circle; Item C9, Case ANX2003-03006 for 1517 Calamondin Lane; and Item C10, Case ANX2003-03007 for 1709 Grove Drive. The motion was duly seconded and carried unanimously. Member Gildersleeve moved to approve Consent Agenda Item C5, Case FLD2003- 03016for 2701, 2720, 2751, and 2770 Regency Oaks Boulevard, and Item C6, Case LUZ2003- Community Development - 2003-0520 19 5/20/03 03002 for 2701, 2720, 2751, and 2770 Regency Oaks Boulevard. The motion was duly seconded and carried unanimously. Member Mazur abstained. D. NON-CONSENT AGENDA (Item 1): 1. Case: FLD2003-03013 - 20 Island Way Level 2 Application. Owner/Applicant: City of Clearwater, William Morris, Director of Marine and Aviation. Representative: William Woods; Woods Consulting, Inc. (fax: 727-786-7479/ work: 727- 786-5747/ cell: 727-204-1134/ email: billwoods(a~woodsconsulting.orq). Location: 2.1-acres located on the west side of Island Way, approximately 400 feet north of Causeway Boulevard. Atlas Page: 2676. Zoning: P, Preservation District. Request: Flexible Development approval for the construction of aCity-operated, public, commercial dock (nine new slips) at 20 Island Way, under the provisions of Section 3- 601. Proposed Use: Anine-slip, (public) commercial dock to be owned and operated by the City of Clearwater. Neighborhood Association: Island Estates Civic Association, P. O. Box 3154, Clearwater, FL, 33767. Presenter: Mark T. Parry, Planner. The 2.1-acre site on the west side of Island Way, approximately 400 feet north of Causeway Boulevard, consists entirely of submerged land and is located completely within the public right-of-way. It is bordered by 20 Island Way (Island Way Grill) to the north and .Island Way to the east and is currently undeveloped. The site is at the terminus of the waterway in which it is located. The area is characterized by multi-family residential developments, primarily to the northeast, and a variety of nonresidential uses including gas stations, boat sales, places of worship, retail sales and service and restaurants. Section 3-601.C.3 requires docks constructed or maintained by the City of Clearwater to be reviewed as part of a Level Two, Flexible Development application. The applicant (the City of Clearwater) seeks to construct anine-slip dock within the public right-of-way along the south side of 20 Island Way. The proposed City-owned and operated dock will serve as an amenity to the citizens and tourists of Clearwater and is consistent with the existing pattern of docks in the area. This dock will have no launching area. There will be no commercial activities at this dock including bait sales, vending, etc. or overnight docking. The un-staffed dock will on a first come/first served basis and will be free to the public. The proposed dock has been specifically designed to discourage boat access over marine grassbeds and other aquatic resources in the surrounding area, including a small grassbed, 750 square feet in area, located in the far northeast corner of the site. Signage will be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity. There is approximately 300 feet between the end of the proposed dock and the southern edge of the waterway along Causeway Boulevard. The dock will be located in an area with a minimum water depth of nine feet, providing adequate depths to avoid prop dredging. The surrounding waterway to the south has depths of up to 12 feet. Community Development - 2003-0520 20 5/20/03 • CITY COMMISSION MEETING CITY OF CLEARWATER June 19, 2003 Present: Brian J. Aungst Hoyt P. Hamilton Whitney Gray William C. Jonson Frank Hibbard Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Mary K. (Sue) Diana Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney Assistant City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor Jay Sloan of the Central Church of Nazarene. The Mayor led the Pledge of Allegiance. ITEM #3 -Introductions. Awards and Presentations a) Local Option Gasoline Tax -Steve Spratt Pinellas County Administrator Steve Spratt said following last Fall's transportation summit, which focused on transportation and traffic congestion, community summit leaders reached consensus that the County has approximately $1.3-billion in unfunded transportation needs and made a call for action. Mr. Spratt said when pressed for funding, the state and federal governments have expressed concern regarding unused capacity at the local level. The Pinellas County Board of Commissioners concluded transportation projects could not be identified and community consensus reached prior to July 1, 2003, to become effective January 1, 2004, and delayed consideration of increasing the local option gasoline tax until 2004. He said the County would like to negotiate the inclusion of various projects as well as discuss revenue sharing with the cities. Clearwater now receives about $912,000 annually from the existing 6-cents local option gas tax. It was noted concern had been expressed at a recent Mayors' Council regarding the need to maximize the local gasoline tax and it was recommended the education process clarify this issue. Mr. Spratt said non-levied taxes are not a definitive disqualifier for federal funding but make it more difficult to argue for State and Federal funding if the County has untapped capacity. All member counties of the Tampa Bay Partnership have been encouraged to maximize their local capacity. Concern was expressed with the current 75:25 tax split with municipalities. It was hoped the City could negotiate a more favorable division. It was suggested Clearwater may support an increase to the local gasoline tax if proceeds can be used for projects, such as Beach Walk, which are important to the County's economy. It was indicated the City pays the highest bed tax in the County. Commission 2003-06-19 • Affordable Housing Advisory Board), reviewed the applications, scored them, and set forth a strategy to maximize the number of Public Service applicants that will receive a portion of allocated Public Service Funds. This year's Action Plan process incorporated: 1) January -staff advertised funding availability; 2) February -staff conducted a workshop for interested applicants; 3) applicants given 30 days to complete their applications and return them to the City by mid-March; 4) late March -applicants given opportunity to speak to TRC and NAHAB regarding their programs on day of bus tour; 5) staff reviewed each application to ensure it met HUD's baseline requirements. This step is performed on a "pass/fail" basis; 6) applications then were distributed to TRC members; and 7) The TRC reviewed the applications on the basis of the ranking criteria contained in the application and based upon the City's 5-Year Consolidated Planning Document. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. The City is permitted to go above the 15% if a Public Service activity takes place in one of the City's two Neighborhood Revitalization Strategy Areas (North and South Greenwood). Under the Public Services category, agencies competed for approximately $177,000 in CDBG funds. The Housing Division received requests for Public Service funding in excess of $422,000. NAHAB adopted a sliding scale for Public Service applicants that allowed the top two scorers to receive 60% of their request, the next two to receive 50% of their request, and others to receive 40% of their request. This allowed all Public Service applicants to receive funding, rather than some agencies not receiving any funding. This year there was a tie between the top two organizations so the top three received 60% of their funding requests. In terms of Public Facility funding, only two agencies that applied for Public Facility funding were not funded due to their ranking and not enough funding. If additional CDBG funds become available during the fiscal year, the City will contact those agencies to see if they are still in a .position to move forward with their original proposal. If they are still interested, staff will request the City Commission to authorize funding for those agencies. Those organizations that only applied to be a "Participant" in the City's Housing Pool will enter into agreements with the City during the summer. Organizations that are receiving actual funding allocations will have agreements prepared and executed by October 1, 2003. Commissioner Hamilton moved to approve the City of Clearwater's Fiscal Year 2003/04 Consolidated Action Plan to carry forward the goals and objectives set forth in the five year Consolidated Plan created in 2000 as required by HUD and authorize the City to enter into agreements with organizations contained in the FY03-04 Consolidated Action Plan. The motion was duly seconded and carried unanimously. ITEM #7 Public Hearing & First Reading - Ords #7124-03 & #7125-03 - Approve a Land Use Plan Amendment from Residential Urban (RU) to Institutional (INS) and Zoning Atlas Amendment from LMDR Low Medium Residential District to (I) Institutional District, for 2701, 2720 2751 & 2770 Regency Oaks Blvd. (A portion of M&B 21.00, all of M&6 21.02, and a portion of M&B 21.03 in Sec. 05-29-16). LUZ2003-03002 PLD This subject site is located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road. The application involves four parcels of land, approximately 35.7- Commission 2003-06-19 ~ 4 • ~ acres in area. The site is occupied by two assisted living facilities containing 530 beds and one skilled nursing facility containing 120 beds, all totaling 146,524 square-feet of building area. In 1987, the site was annexed into the City and zoned Residential Planned Development (RPD), which permitted the current uses as congregate care, and was developed pursuant to a certified site plan. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to the LMDR, Low Medium Density Residential District, rendering it consistent with the underlying Residential Urban (RU) Future Land Use Plan category, but making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Institutional (INS) category and to rezone it from the LMDR, Low Medium Density Residential District to the I, Institutional District, to render this site conforming. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan; 2) The potential range of uses and the current use are compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. In accordance with Countywide Plan Rules, the land use plan amendment is subject to approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment site, review and approval by Florida Department of Community Affairs is required. The Community Development Board reviewed this application at its May 20, 2003 meeting and unanimously recommended approval. Commissioner Jonson moved to approve a Land Use Plan Amendment from the Residential Urban (RU) category to the Institutional (INS) category and a Zoning Atlas Amendment from the LMDR, Low Medium Density Residential District to the Institutional (I) District for property located at 2701, 2720, 2751, and 2770 Regency Oaks Boulevard (a portion of metes & bounds 21/00, all of metes & bounds 21/01, all of metes & bounds 21/02, and a portion of metes & bounds 21/03, Section 5, Township 29 South, Range 16 East), and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Ordinance #7124-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7124-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None Ordinance #7125-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7125-03 on first reading.. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. Commission 2003-06-19 5 • • "Nays": None ITEM #8 Public Hearing & First Reading - Ords #7126-03 #7127-03 8~ #7128-03 -Approve the petition for Annexation Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single Family Residential District to the Cifi~ LMDR Low Medium Density Residential District, for 3119 San Mateo St. (Lot 13, Del Oro Gardens in Sec. 09-29-16). ANX2003-02004 PLD This subject site is located at 3119 San Mateo Street, on the south side of San Mateo Street, approximately 200 feet east of McMullen Booth Road and 1,500 feet north of Drew Street. The subject property is approximately 0.16 acre in area and the owner currently is constructing asingle-family dwelling. The property is contiguous with. existing City boundaries to the north and south; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The purpose of the annexation is to enable the applicant to receive City water and sewer service. A Future Land Use Plan designation of Residential Urban (RU) is proposed along with a zoning category of LMDR, Low Medium Density Residential. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 4) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the PPC (Pinellas Planning Council) and Pinellas County staffs, according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1- 3), and no objections have been raised. On May 20, 2003, the Community Development Board reviewed this proposed annexation and unanimously recommended approval. Commissioner Hamilton moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 3119 San Mateo Street (Lot 13, Del Oro Gardens in Section 9, Township 29 South and Range 16 East) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Ordinance #7126-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7126-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None Ordinance #7127-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7127-03 on first reading. The motion was duly seconded and upon roll call, the vote was: Commission 2003-06-19 6 Comprehensive Plan Citizen C y Information List ~' Page 1 of 1 Comprehensive Plan Citizen Courtesy Information List Local Government: ~ ~ `{ 6 +' C I er-f wc~'~- ~' Hearing Date: ~e,~~e ~9, 0~3 Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. • Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response(s) which is of Interest Written Spoken Comment Comment file: //S :\Planning%20Department\DCA\2Comprehensive%20Plan%20Citizen%20Courtes... 7/21 /2003