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2004 LARGE SCALE AMENDMENTSCITY ®F C LEARWATE R DEVELOPMENT & NEIGHBORHOOD SERVICES 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 PILE May 13, 2004 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 (04-01) Dear Mr. Eubanks: Please find attached three copies of the adopted amendment to the City of Clearwater Comprehensive Plan ,(04-01), which constitute the City's first plan amendment for the calendar year of 2004. 9J-11.011(5)(a~ 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 amendment, constituting submittal package 04-01, was adopted by the City of Clearwater at the May 6, 2004 City Council meeting by the identified ordinance number: LUZ2003-10011 George C. Clark Investment, LTD Plan Amendment (Ordinance Number 7247-04) 9J-11.011(S~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 May 13, 2003. BRIAN 1. AUNGST, MAYOR-COMMISSIONER HOPI- HAMILTON, VICE' MAYOR-COMMISSIONER WI ^TNLY GRAY, COM~fISSIONER FRANK HIRBARD, COMMISSIONER BILL JONSON, COMMISSIONER ~~EQUAL EMPLOYMENT AND AFFIR,'vtATIVE AC'I'lON EDIPLOYER~~ May 13, 2004 Ray Eubanks-Page 2 9J-11.011(5 (L4: 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: 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 May 6, 2004 without any revision or change from the proposed amendment package sent to the Department on March 5, 2004. • 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 March 5, 2004 as part of the Proposed Amendment Package 04-0 L • The proposed amendment included in Submittal Package 04-01 was adopted by the City of Clearwater. 9J-11.0011(5)(aL Gina Clayton Long Range Planning Manager P.O. Box 4748 Clearwater, FL 33758-4748 Telephone: 727-562-45 87 Fax: 727-562-4865 gclayton@myclearwater.com If you need further assistance, please contact Gina Clayton. Thank you for your courtesy in this matter. Sincerely, t ~l ` ~1/ ;, Cynthia Tarapani, AICP '" Director of Planning City of Clearwater Enclosures S:\Planning Department\DCA\LARGE SCALE AMENDMENTS\2004 1st Large Scale ADOPTED DCA transmittal letters-l3- 04.doc May 13, 2003 Pinellas County Planning Department 600 Cleveland Street, Suite 750 Clearwater, FL 33755 Tampa Bay Regional Planning Council Attn: Gerald Smelt, Principal Planner 4000 Gateway Centre Blvd. Suite 100 Pinellas Park, FL 33782 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 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, ,~ c Cynthia Tarapani, AICP VI Director of Planning City of Clearwater City of Clearwater Adopted Local Government Comprehensive Plan Amendment First Submitta12004 March 5, 2004 LUZ2003-10011 George C. Clark Investment, LTD Plan Amendment • . • ' , . , . , . . ` . . i /r , . • . i ' ` . ~ i. . _ • - ~ V ~~ i ~~~. ~•~ ~ . , .., - ~. ', ,., _ ~ - ,r. ,.--.a-,; , ~ , 1 y h , -, _ - - , _~ r ~ S; ,• ~ ~~' ~~ ~ . • r~; ;J; 151' • '. - . ~., 9 ~ C i`'~.. i_ , ----• as - nay '.:-:,-.i . -_ :.7J ~. - - ~~ i 1 f: is ~•, - - - - - - ------- ~ ' ~ - _ ___ :r _ _ _ _ __ _ _ L ~ ~ ~ ~ ~1 ' - ~ ~ . Neaa~ , 1 . - _ ~ ; ~ - _ _ ;_ -: e.~ U -=~ ~: ~ - -- -- - -, ~. / I~ te =a~= CGn ~; a\~ ( ( - -- -- POIN - -- - -- - ~-; ~ ; ;;; ~_ - - - - ~ • ~ ' a~ , -- - ~ ~-~ ,~,i -~ C Adopted Future Land Use Plan Map Owner. George C. Clark Investments, LTD Case: LUZ2003-10011 Property ~ Site: 2520 Sunset Point Rd and 24698 US 19 N 24.05 Size Acres Land Use Zoning ~ 06/29/16/09072/000/1200 PIN: R/O/R, RU, 8, Water (County) CP18, R6 (County) 06/29/16/09072/000/1000 From : CG, RLM 8. Water (City) C 8~ MHP(City) To: RM 8, Water/Drainage MDR Atlas Page: ~ 254B Overlay i ORDINANCE NO. 7247-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD APPROXIMATELY 330 FEET WEST OF U.S. 19 AND 1200 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF LOT 10 AND A PORTION OF LOT 11 BLACKBURNS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 24698 U.S. 19 NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER AS RESIDENTIAL MEDIUM AND WATER/DRAINAGE OVERLAY; AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD AND THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 250 FEET WEST OF U.S. 19, CONSISTING OF A PORTION OF LOTS 6, 11, AND 12 BLACKBURNS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2520 SUNSET POINT ROAD, FROM COMMERCIAL GENERAL, RESIDENTIAL LOW MEDIUM AND WATER/DRAINAGE TO RESIDENTIAL MEDIUM AND WATER/DRAINAGE OVERLAY; 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 See attached legal description Attached as Exhibit "A" (LUZ2003-10011) Land Use Category To: Residential Medium and Water/ Drainage Overlay Ordinance No. 7247-04 _ . NOTE:. _ The property is currently designated Residential/Office/Retail and Residential Urban and Water Under the Pinellas County Future Land Plan. Section 2. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category of the hereinafter described property, upon annexation into the City of Clearwater pursuant to Ordinance No. 7246-04, as follows: Property Land Use Category See attached legal description From: Commercial General and As Exhibit "B" Residential Low Medium and Water/Drainage To: Residential Medium and Water/ Drainage Overlay Section 3. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 4. This ordinance shall take effect immediately upon adoption, subjecl 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 19, 2004 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall- i s Assistant City Attorney May 6, 2004 /~ ,~, ,: m% n J. Aungst Mayor-Commissioner Attest: Cy~ia E. Goudeau City Jerk Ordinance No. 7247-04 SEC. 6, TWP. 29 S., RGE. 16 E. PROJECT NUMBER 001-3113 D E S C R I P T I O N PARCEL I LOT 10, LESS THE EASTERLY 324.00 FEET THEREOF, BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINE LLAS COUNTY, FLORIDA. LAWSON ROAD PARCEL THAT PART OF THE EASTERLY 60.00 FEET OF LOT 11 LYING NORTH OF THE WESTERLY EXTENSION OF THE SOUTHERLY BOUNDARY OF LOT 10, ALL OF BLACKBURNS SUBDIVISION ACCORDING, TO THE PLAT THEP.EOF PECOP.DED !~! PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECOP,DS OF PINELLAS COUNTY, FLOP,lDA. PAI2CE C Ii~ LOT 11 ,LESS THAT PORTION OF SAID LOT 11 LYING SOUTH OF THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY 'OF LOT '6, ALSO LESS THE EAST 60:00 FEET OF THAT PART OF SAID LOT 11 LYING NORTH OF THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF SAID LOT 6, ALL OF BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINE LLAS COUNTY, FLORIDA. ALSO LESS FROM THE NORTHWEST CORNER OF SAID LOT 11 FOR A POINT OF BEGINNING, RUN PARALLEL TO THE CENTER UNE OF COUNTY ROAD 194, SOUTH 89'46' 13" EAST 228.47 FEET; THENCE SOUTH 01'02'38" WEST 506.00 FEET; THENCE NORTH 89'46'13" WEST 229.92 FEET, THENCE ALONG THE WEST SIDE OF SAID LOT 11, NORTH 01'12'28" EAST 508.00 FEET TO THE POINT OF BEGINNING. ALSO LESS THAT PORTION LYING WEST OF THE EASTERLY BOUNDARY OF THE FOLLOWING DESCRIBED LAND DEEDED TO FLORIDA POWER CORPORATION: BEGINNING AT A POINT ON THE WEST BOUNDARY OF LOT 11, BLACKBURN SUBDIVISION, RUN NORTH 0'54'23" EAST 260.25 FEET FROM THE 30UTHWEST CORNER OF SAID LOT 11, THENCE NORTH 0'54'23" EAST 1015.46 FEET, THENCE NORTH 89'56'19" EAST 228.47 FEET, THENCE SOUTH 0'52'10" WEST 1015.46 FEET, THENCE SOUTH 89'56'19" WEST 229.12 FEET TO THE POINT OF BEGINNING. ALSO LESS: COMMENCE AT THE SOUTHWEST CORNER OF SAID 'LOT 11; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 11, N.01'12'28"E., 260.25 FEET TO THE POINT OF BEGINNING; THENCE N.01'12'28'E., 238.01 FEET; THENCE S.89'46'13"E ., 228.97 FEET; THENCE S.O1'10'17"W., 238.01 FEET; THENCE ALONG THE WESTERLY EXTENSION OF THE NORTHLY BOUNDARY OF LOT 6, BLACKBURNS SUBDIVISION, P.000RDlNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINE LLAS COUNTY, FLORIDA, N.89'46'13"W., 229.12 FEET TO THE POINT OF BEGINNING. CONTAINING 10.67 ACRES, MORE OR LESS NOT A SURVEY SHEET 2 OF 3 ~ DATE ~Lp1C;MC~IJRf~S 10 23 03 q~pps~~1~ ~ ®~v~~~ 5 ~ ~ p~'~ rROFcSSiONAL SUR ~ rNG f'11 V ~ ~ /~F1 1 ~ ®1 ~ ~ 2915 S.R. 590, SUITE 17 E ~~ I ®~ T CLEARWATER, FLORIDA 33759 I (727) 669-0522 Exhibit A SEC. 6, TWP. 29 S., RGE. 16 E. D E S C R I P T I O N PROJECT NUMBER 001-3113 ' {~ PARCEL I LOT 10, LESS THE EASTERLY 324.00 FEET THEREOF, BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LAWSON ROAD PARCEL THAT PART OF THE EASTERLY 60.00 FEET OF LOT 11 LYING NORTH OF THE WESTERLY EXTENSION OF THE SOUTHERLY BOUNDARY OF LOT 10, ALL OF BLACKBURNS SUBDIVISION ACCORDING, TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL II LOT 11 LESS THAT PORTION OF SAID LOT 11 LYING SOUTH OF THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF LOT 6, ALSO LESS THE EAST 60.00 FEET OF THAT PART OF SAID LOT 11 LYING NORTH OF THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF SAID LOT 6, ALL OF BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ALSO LESS FROM THE NORTHWEST CORNER OF SAID LOT 11 FOR A POINT OF BEGINNING, RUN PARALLEL TO THE CENTER LINE OF COUNTY ROAD 194, SOUTH 89'46' 13" EAST 228.47 FEET; THENCE SOUTH 01'02'38" WEST 508.00 FEET; THENCE NORTH 89'4fi'13" WEST 229.92 FEET, THENCE ALONG THE WEST SIDE OF SAID LOT 11, NORTH 01'12'28" EAST 508.00 FEET TO THE POINT OF BEGINNING. ALSO LESS THAT PORTION LYING WEST OF THE EASTERLY BOUNDARY OF THE FOLLOWING DESCRIBED LANG DEEDED TO FLORIDA POWER CORPORATION: BEGINNING AT A POINT ON THE WEST BOUNDARY OF LOT 11, BLACKBURN SUBDIVISION, RUN NORTH 0'54'23° EAST 260.25 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 11, THENCE NORTH 0'54'23" EAST 1015.46 FEET, THENCE NORTH 89'56'19" EAST 228.47 FEET, THENCE SOUTH 0'52'10" WEST 1015.46 FEET, THENCE SOUTH 89'56'19" WEST 229.12 FEET TO THE POINT OF BEGINNING. ALSO LESS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 11; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 11, N.01'12'28"E., 260.25 FEET TO THE POINT OF BEGINNING; THENCE N.01'12'28'E., 238.01 FEET; THENCE S.89'46'13"E., 228.97 FEET; THENCE S.01'10'17"W., 238.01 FEET; THENCE ALONG THE WESTERLY EXTENSION OF THE NORTHLY BOUNDARY OF LOT 6, BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, N.89'46'13"W., 229.12 FEET TO THE POINT OF BEGINNING. PARCEL III LOT 12 ,AND THAT PORTION OF LOT 11 LYING SOUTH OF THE THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF LOT fi, TOGETHER WITH THAT PORTION OF BLACKBURN STREET LYING WEST OF THE NORTH SOUTH EXTENSION OF THE WEST BOUNDARY OF THE EAST 60.00 FEET OF SAID LOTS 11 AND 12, ALSO LESS THE WESTERLY 230.00 FEET OF SAID LOTS 11 AND 12, ALSO LESS THE WESTERLY 230.00 FEET OF SAID BLACKBURN STREET, ALL OF BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. NOT A SURVEY $xhibit B SHEET30F4 DATE BLACKBURNS 10 23 03 S U g D l VI S I O N PROFESSIONAL SURVEYJNG REVISED 1 1 /04/03 2915 S.R. 590, SUITE 17 REVISED 11 06 03 EXHIBIT CLEARWATER, FLORIDA 33759 / / (727) 669-0522 SEC. 6, TWP. 29 S., RGE. 16 E. PROJECT NUMBER 001-3113 D E S C R I P T I O N ALSO LESS: ALL THAT LAND LYING SOUTHERLY OF THE FOLLOWING UNE: COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF LAWSON ROAD AND THE NORTHERLY RIGHT-OF-WAY UNE OF STATE ROAD 588; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY UNE OF LAWSON ROAD, N.01'02'38"E., 68.10 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE N.89'46'13"W., 107.54 FEET; THENCE S.70'33'26"W., 90.34 FEET; THENCE N.67'S9'30"W., 37.76 FEET; THENCE S.70'33'26"W., 171.85 FEET TO THE EASTERLY BOUNDARY OF THE WESTERLY 230.00 FEET OF SAID LOT 12 AND THE POINT OF TERMINATION. ALSO LESS: THE EAST 60.00 FEET OF LOTS 11 AND 12 LYING SOUTH OF THE WESTERLY EXTENSION OF THE NORTHLY BOUNDARY OF LOT 6, BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 24.096 ACRES, MORE OR LESS. PARCEL IV LOT 6, BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THE EASTERLY 250.00 FEET THEREOF. PARCEL V COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY UNE OF LAWSON AVENUE AND THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 588; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 588, SOUTH 70'33' 16" WEST 90.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 588, SOUTH 70'33'16" WEST 31.84 FEET;; THENCE NORTH 00'08'34" EAST 106.14 FEET; THENCE NORTH 70'33'26" EAST 9.03 FEET; THENCE SOUTH 89'46' 13" EAST 21.49 FEET; THENCE SOUTH 00'08'34" WEST 98.46 FEET TO THE POINT OF BEGINNING. LESS EXHIBIT "9" NOTE S 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST BOUNDARY LINE OF THE NE. 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, AS BEING S.01'02'38"W. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SKETCHOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER '"""! THOSE CERTIFIED T0. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS. RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. C E R T I F I C A T I O N I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION REPRESENTED HEREON MEETS THE TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIQNAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTE~/S~~./ DATE J HN 0. DIEHL NOT A SURVEY ROFESSIONAL LAND SURVEYOR #4053 SHEET 4 OF 4 °A~ BLACKBURNS 10 23 03 ~ U ~ D ~ ~ /I C I O N PROFESStONAt SURVEYING REVISED 11./04/03 ~/ V J 2915 S.R. 590, SUITE 17 REVISED 11 /06 /03 E /~ ~ ~ ~ ~ T CLEARWA TER, FLORIDA 33759 (727) 669-0522 Page 2 of Exhibit B R~ T/U ;~ ; --- ~ ~ - _ /- - _ ~~ YRF#~RO ~ ~~, - --- - - ~ - ~ ~ ,2c - ~ t ~ - ~~ ~~~_ y A c a a 1 ~' ~ ~ _ - - -- - -- )-,~~ ~ r ~ - - - - I ~ - _-~ - - __ _ R/O/R ,. __~,.~,._~ _ _. __ ~~ ~ ~~ ~_ ~ ---- ~ , .~ ~ ~ ~ ~- - f~M - , r ~----, ... _ - . -~_ _ _ __~~_ _ _-- : ,CL~ -~ ~~'~U _- ~ ~:;~, ~: ` ~ ~ -- ,_, , . ~. . -- - -•~ = - - - QTR ~ _ _ _ _ ;_ , - - _ r __ _~ ~_ __ f - - ~ _- - ' __ y~'~-"'-' __-__ ' -- - -- - I I ~ - - --- - axaaeaasaeex r~ - N, ~ C~•• ~~., _ POIN Future Land Use Plan Map Owner: George C. Clark Investments, LTD Case: LUZ2003-10011 Site: 2520 Sunset Point Rd and 24698 US 19 N Property f Size(Acres): I 24.05 Land Use Zoning 06/29/16/09072/000/1200 PIN: . R/O/R, RU, 8f Water (County) CP18~ R6 (County) 06/29/16/09072/000/1000 From : CG, RLM 8~ Water (City) C 8~ MHP(City) To: RM 8~ Water/Drainage MDR Atlas Page: 2548 Overlay Ordinance No. 7247-04 Comprehensive Plan Citizen Courtesy Information List Local Government: City of Clearwater Hearing Date: May 6, 2004 Type Hearing: Adoption DCA Amendment Number: 04-01 (DCAOfficial Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. Check Appropriate Identify Citizen Name Address, City, State, Zip Code Box Amendment which is of Interest Written Spoken Comment Comment ~, i r:.- ~ 1 . ~ +ij _~~ ~( ' ~ v Clearwater Fax Cover Sheet Fax: j~ ((o - f ? to City of Clearwater Planning Department 100 S. Myrtle Ave., 2nd Floor Clearwater, FL 33756 Telephone: (727) 562-4567 Fax: (727) 562-4865 Phone: ~f ~ - ~f S O O k o~ ~'~ From: S~(la.t1`evt ~a~ ze v` Date: - t ""- C~ S Subject hp~Yr e Se.a,Ue ~ ter.®v,~ e~ Message: 6tv~a. C(~..,~vt. asks wee ~ `fix u ~ ~ c--~,-~~, a f` a.~ca, ~ S ca.~ ~P ~~~~ ~ w~ ~ v~a~ r'u ('e U ~ c-~.J ~ el~~.~' 1~'r~ ~ ux ~` e s tq h - ~ n. S he~' ~s also o~~cl~-eof . mere w~~e a,.~ s o ~~~- ~- ~ ~e~ v'I-7<.er, ~-~c-~llW~~~ ~t7 ~~~ ~'~ef' Z~ u~ tn.e~ ~-v Sc~~~1, yr kc,~-v e ~ vw~ ~, u.~ sf~ av-S ,(J ~n~se corn: ~ /~ es ~~~c. ~ ~j ~ ue `n e ~ ~Q~ a~ 56 't -`t 1~ o`~ 6 , ~v' ~ -vn-u.~~ rn~ ~ S ha ~rev- , ~ a rze~C my G la~r-wa~ier; c.am. Number of Pages including this page S CITE OF CLEARWATER DEVELOPMENT & NEIGHBORHOOD SERVICES 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 March 5, 2004 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: First Transmittal of a Future Land Use Element Amendment for the City of Clearwater - 2004 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 first amendment package transmittal for 2004. The City is transmitting one (1) proposed Plan Amendment with this letter for your review: LUZ2003-1 00 1 1 George C. Clark Investments, LTD Plan Amendment 9J-11.006(1)(a)1: The Clearwater Community Development Board (CDB), as the Local Planning Agency, held a public meeting on January 20, 2004 for LUZ2003-10011 George C. Clark Investments, LTD Plan Amendment. The CDB unanimously 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 February 19, 2004 to approve the transmittal of LUZ2003-10011 George C. Clark Investments, LTD. 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 March 5, 2004. BRIAN J. AUNGS7", MAYOR-COMMISSIONER HOYI" HA.MIL7"ON, VICE MAYOR-COMMISSIONER WIII"INCY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER BILL JONSON, COMMISSIONER ~~EQUAL EMPLOYMEN"1' AND AFFIRMATIVE ACTION EMPLOYER~~ 9J-11.006(1)(a)3: A Future Land Use Map amendment is being proposed as part of this submittal package. The following is a summary of this amendment: • LUZ2003-10011 George C. Clark Investments, LTD Plan Amendment proposes to amend the Future Land Use Map from Residential/Office/Retail (R/O/R), Residential Urban (RU), Water/Drainage Feature, Commercial General (CG) and Residential Low Medium (RLM) to Residential Medium (RM) and Water/Drainage Feature for 24.05-acres of property to redevelop a mobile home park with multi-family dwellings. 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 (ORC) report and preparation of changes required by the report. The anticipated month of adoption is July 2004. 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: 727-562-45 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, Cynthia Tarapani, AICP Director of Planning City of Clearwater Enclosures S.•IPlanning DepartmentlDCA1LARGE SCALE AMENDMENTSI2004 Su6missions12004 1st Large scale DCA transmittal letter2-04.rloc March 5, 2004 Pinellas County Planning Department 600 Cleveland Street, Suite 750 Clearwater, FL 33755 Tampa Bay Regional Planning Council Attn: Gerald Smelt, Principal Planner 4000 Gateway Centre Boulevard, Suite 100 Pinellas Park, FL 33782 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- 4587. Sincerely, ~~ Cynthia Tarapani, AICP Director of Planning City of Clearwater Comprehensive Plan Citizen .Courtesy Information List Local Government: r~ ~~ ~ ~ Hearin Date: ~ !~ ~~ , 2, ~~~ g ~ , -~~ ~~, ~. Type Hearing: Transmitt (Propose )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 Appropriate Identify Citizen Name Address, City, State, Zip Code Box Amendment which is of Written Spoken Interest Comment Comment ,~ Over for more spaces Jun. 01 2005 09:38AM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX N0. 727 562 4865 N0. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 98161763 Jun. 01 09:36AM 01'53 SND 05 OK TD TURN DFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'- FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-~0-HELP-FAX C435-73291. ~ti~°~°"~f~ ~ ITY OF ~ LEARWATER ~~ ~ - ~0 DEVELOPMENT & NEIGHBORHOOD SERVICES DEPARTMENT v - , ~ ~~; ~ ~~, POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 '~d'~~~r~®4~~ MUNICIPAL SERVICES BUILDING, IOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 ~~~~~g~ t°~ TELEPHONE (727) 562-4567 FAx (727) 562-4576 March 5, 2004 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: First Transmittal of a Future Land Use Element Amendment for the City of Clearwater - 2004 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 first amendment package transmittal for 2004. The City is transmitting one (1) proposed Plan Amendment with this letter for your review: LUZ2003-10011 George C. Clark Investments; LTD Plan Amendment 9J-11.006(1)(a)1: The Clearwater Community Development Board (CDB), as the Local Planning Agency, held a public meeting on January 20, 2004 for LUZ2003-10011 George C. Clark Investments, LTD Plan Amendment. The CDB unanimously 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 February 19, 2004 to approve the transmittal of LUZ2003-10011 George C. Clark Investments, LTD. 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 March 5, 2004. BRIAN J. AUNGST, MAYOR-COMMISSIONER HOYT I'~AMILTON, VICE MAYOR-COMMISSIONER WIII'TNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER BILL JONSON, COMMISSIONER ~~EQUAL EMPLUYMEMI' AND AFFIRMATIVE AC"PION EMPLOYER~~ 9J-11.006(1)(a)3: A Future Land Use Map amendment is being proposed as part of this submittal package. The following is a summary of this amendment: • LUZ2003-10011 George C. Clark Investments, LTD Plan Amendment proposes to amend the Future Land Use Map from Residential/Office/Retail (R/O/R), Residential Urban (RU), Water/Drainage Feature, Commercial General (CG) and Residential Low Medium (RLM) to Residential Medium (RM) and Water/Drainage Feature for 24.05-acres of property to redevelop a mobile home park with multi-family dwellings. 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 (ORC) report and preparation of changes required by the report. The anticipated month of adoption is July 2004. 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: 727-562-45 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, Cynthia Tarapani, AICP Director of Planning City of Clearwater Enclosures S:IPlanning DepartmenllDCAILARGE SCALEAMENDMENTSI2004 Submissions12004 1st Large scale DCA transmittal letterl-04.tloc March 5, 2004 Pinellas County Planning Department 600 Cleveland Street, Suite 750 Clearwater, FL 33755 Tampa Bay Regional Planning Council Attn: Gerald Smelt, Principal Planner 4000 Gateway Centre Boulevard, Suite 100 Pinellas Park, FL 33782 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- 4587. Sincerely, ~~ Cynthia Tarapani, AICP Director of Planning City of Clearwater City of Clearwater Proposed Local Government Comprehensive Plan Amendment First Submittal 2004 March 5, 2004 LUZ2003-10011 George C. Clark Investment, LTD Plan Amendment City of Clearwater Proposed Local Government Comprehensive Plan Amendment First Submitta12004 LUZ2003-10011 George C. Clark Investment, LTD Plan Amendment ~~ ~~ y _- E CDB Meeting Date: January 20, 2004 Case No.: LUZ2003-10011 Agenda Item: F4 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: Free copy OWNER/APPLICANT: George C. Clark Investments, LTD. REPRESENTATIVE: Keith A. Lawes, Global Financial Investments, LLC and Todd Pressman, Pressman and Associates, Incorporated. LOCATION: 2520 Sunset Point Road and 24698 US 19 North, located on the east and west sides of Lawson Road and the north side of Sunset Point Road, approximately 350 feet west of U.S. Highway 19. REQUEST: (a) Land Use Plan amendment from the Residential/Office/Retail (R/O/R) (County), Residential -Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City) to the Residential Medium (RM) (City) and Water/Drainage Overlay (City) (pending ANX2003-10027); and (b) Rezoning from the CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Parks District (City) to the MDR; Medium Density Residential District (City) (pending ANX2003-08021). SITE INFORMATION: PROPERTY SIZE: 1,047,618 square feet or 24.05-acres DIMENSIONS OF SITE: 750 feet wide by 2,300 feet long m.o.l. PROPERTY USE: Current Use: Proposed Use: Mobile home park Multi-family dwellings Staff Report -Community Development Board -January 20, 2004 -Case LUZ2003-10011 -Page 1 {~ ~ 3 ~~_ PLAN CATEGORY: Current Category: Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City) Proposed Category:, Residential Medium (RM) and Water/Drainage Feature ZONING DISTRICT: Current District: CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Park District (City) Proposed District: MDR, Medium Density Residential District EXISTING SURROUNDING USES: North: Multi-family residential South: Retail East: Mobile Home Park, Retail, Outdoor recreation/ entertainment & Wholesale/warehouse West: Utility/infrastructure facility ANALYSIS This Future Land Use Plan amendment and rezoning application involves two parcels of land, approximately 24.05-acres in area, containing 138 mobile home units. The applicant is the landowner of the entire site and rents the majority of the mobile home units on a monthly basis, with approximately 30 units being owned by separate persons. The applicant's representative has indicated that a Mobile Home Park Relocation Specialist has been acquired to handle the relocation of the residents of the park, as required by Florida Statute, Chapter 723, Mobile Home Park Tenancies. The site has Future Land Use Plan designations of ResidentiaUOffice/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City), as well as zoning classifications of the CP1, .Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Parks District (City). The applicant is requesting to amend the Future Land Use Plan designation of this site to the Residential Medium (RM) and Water/Drainage Overlay classifications and to rezone it to the MDR, Medium Density Residential District to allow the development of approximately 300 attached dwellings. A companion application to annex a portion of this property into the City of Clearwater is being processed concurrently with this land use plan amendment and rezoning (ANX2003-10027). 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 Staff Report -Community Development Board -January 20, 2004 -Case LUZ2003-10011 -Page 2 ,~ Countywide Planning Authority. Based on the acreage and density 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. 13.1 Objective -Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. 13.3 Objective for Housing Conditions -The City of Clearwater shall encourage the elimination of substandard housing units through demolition, upgrades, renovation and preservation efforts. 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 Residential Medium (RM) category, as specified in Section 2.3.3.2.2 of the Countywide Rules, is 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. Residential uses are the primary uses in this plan category up to a maximum of fifteen (15) dwelling units per acre. Secondary uses permitted in Residential Medium classification include Residential Equivalent, Institutional, TransportationlUtility, Public Educational Facility, Ancillary Non-residential and Recreation/Open Space uses. 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 and U.S. Highway 19 North In the subject site location, Sunset Point Road is a four-lane divided roadway and U.S Highway 19 North is a six-land divided roadway. Sunset Point Road between Belcher Road and U.S. Highway 19 is characterized by a variety of development including single-family and multi- Staff Report -Community Development Board -January 20, 2004 -Case LUZ2003-10011 -Page 3 f E.. j 'ti. . family residential, office, retail, medical clinic and utility uses, while retail, outdoor recreation, retail and mobile home park uses are found along this section of U.S Highway 19 North between Sunset Point Road and Enterprise Road. The Countywide Future Land Use Plan has designated land in this area on the north and south sides of Sunset Point Road as Residential Estate, Residential Urban, Residential Medium, Residential/Office General, Commercial General, Commercial Limited and Transportation/LJtility. In this area, the east and west sides of U.S Highway 19 North are designated Residential Urban, Residential Low Medium, Residential/Office/Retail, Commercial Limited and Commercial General. Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding area to the west is Transportation/Utility, and Residential/Office/Retail and Commercial Limited to the east. Areas to the north and south are designated Residential Medium and Commercial General, respectively. The existing surrounding uses include utility/infrastructure facilities to the west and multi-family residential to the north. The property to the south exists as retail and restaurant uses. To the east a mix of mobile home park, multi-family residential, outdoor recreation entertainment, retail and wholesale/warehouse uses. The proposed Future Land Use Plan amendment and rezoning are compatible with the surrounding uses due to the residential character of the proposed use. IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5] The subject site includes two parcels of land operating as a mobile home park that are approximately 24.05-acres in area. Based on a maximum permitted density in the RU, (5.7- acres) of 7.5 units per acres, and RLM, (13.41-acres) of 10.0 units per acre, Future Land Use Plan categories found on the site, 199 dwelling units would be permitted on the site. In addition, based on a maximum permitted FAR of 0.40 in the current R/O/R (1.6-acres) Future Land Use category, a 27,878 square foot office or commercial structure, or 28-dwelling units, would be permitted on the site. If approved, and based on a maximum permitted density in the proposed RM category of 15.0 dwelling units per acre, 315 dwelling units would be permitted 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 20, 2004 -Case LUZ2003-10011 -Page 4 MAXIMUM POTENTIAL TRAFFIC' Current- Ezisting~ Proposed NetNe~~~ Sunset Point Rd.: Between US' 19 and Old Coachman Rd. Situation .Plan' Plane _ Trips Maximum Dail Potential Tri s N/A 1,780 2,020 240 Maximum PM Peak Hour Added Potential Tri s3 N/A 222 252 30 Volume of Sunset Point Rd.: B/w US 19 and Old Coachman 29,176 30,956 31,196 240 Rd. LOS for Sunset Point Rd.: B/w US 19 and Old Coachman Rd. D D D D N/A =Not Applicable LOS =Level-of-Service 1 =Based on PPC calculations of 336 trips per day per acre for the R/O/R FLUP Category, 70 trips per day per acre for the RU FLUP Category and 63 trips per day per acre for the RLM FLUP. 2 =Based on PPC calculations of 96 trips per day per acre for the RM FLUP Category. 3 =City Calculation of 12.5% Source: "The Rules" o the Coun ide Future Land Use Plan The 2003 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) D. Although the proposed Future Land Use Plan category could generate an increase in PM Peak Hour traffic on this segment of Sunset Point Road by 30 trips, this increase is less than 1% of the existing traffic volumes and considered to be diminimus. The LOS of the surrounding road network will not be degraded by the proposed land use plan amendment. 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 -January 20, 2004 -Case LUZ2003-10011 -Page 5 ,• F . ~ d' __ ___ _.. Uses __ _..- _ _. _ _. _ _ __-_..._ I ti~~uarc ~ ~ Net lncrc~ise Pll Net [nct'ease Dail}~ Foota~„e/D~~~cllin~r uf'.a~cravc ~~ Yeak of Pf~'TPc~tk Ulllls 11 ~~i~~~~ ~l~ ~~~5 T~-~~~ti 1 ~ ~'~S Existing Zoning/Future Land Use Plan Existing Use Mobile Home Park (240) 138 units 663 N/A 80 N/A 4.81 tri s/ dwellin unit Combined Uses by Zoning/Future Land Use Plan Categories of Entire Site 1.6-acres of R/O/R FLUP & CPl Zoning 27,878 sq. ft. 1,196 N/A 149 N/A Shopping Center (820) 42.92 tri s/1000 s.f. ross leasable area 5.7-acres of RU FLUP & R6 Zoning Single Family Detached 42 units 401 N/A 42 N/A Dwelling (210) 9.57 tri s/dwellin unit 13.41-acres of RLM FLUP & MHP Zoning 134 units 644 N/A 77 N/A Mobile Home Park (240) 4.81 tri s/ dwellin unit Total Maximum Trips N/A ~ 2,241 1,578 268 188 Proposed Zoning/Future Land Use Plan Proposed Use Residential Condominium/ 315 units 1,845 .1,182 170 90 Townhouse (230) 5.86 tri s/ dwellin unit Apartment (220) 315 units 2,088 1,425 211 131 (6.63 trips/dwelling unit) Congregate Care Facility (252) 945 beds 2,031 1,368 198 118 (2.15 trips/occupied dwelling unit) While a comparison between the existing use of the site and the maximum development potential of the proposed categories indicates that approval of this application could generate an increased level of traffic, it should be noted that the existing use is well under the maximum development potential permitted by current standards. Any redevelopment of this site under current standards would more closely reflect the combined analysis in the above chart, which provides an actual representation of existing development potential. 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 road network, as the traffic generation associated with the proposed amendment will not exceed 1% of the existing PM Peak hour trips of Sunset Point Staff Report -Community Development Board -January 20, 2004 -Case LUZ2003-10011 -Page 6 E ~ ~ ~ ,. Road. Iri addition, no impact to the operational efficiency of the signalized intersections within the subject area 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 '/ 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 and US Highway 19. Water The current zoning district could demand approximately 56,750 gallons per day. Under the proposed zoning district, water demand could approach approximately 78,750 gallons per day. While the proposed amendment could generate an increased water demand of up to 22,000 gallons per day, capacity for the proposed increase is available for this utility and the impact on the City's LOS for water would not be negative. Wastewater The current zoning district could demand approximately 45,400 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 63,000 gallons per day. While the proposed amendment could generate an increased wastewater demand of up to 17,600 gallons per day, capacity for the proposed increase is available for this utility and the impact on the City's LOS for wastewater would not be negative. Solid Waste The current zoning could result in the generation of 575 tons of solid waste per year. Under the proposed zoning district, there could be approximately 798 tons of solid waste generated per year. While the proposed amendment could generate an increase of up to 223 tons of solid waste per year, capacity for the proposed increase is available for this utility and the impact on the City's LOS for solid waste would not be negative. Recreation and Open Space As the proposed future land use plan and zoning designations will permit the development of up to 315 dwelling units, payment of a Open Space, Recreation Land and Recreation Facility impact fee will be required. The amount of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process. Credits will be issued for payments previously made for the existing units located on the site. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] The two portions of this site designated as Water/Drainage Feature will continue to exist in its current state. Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. Staff Report -Community Development Board -January 20, 2004 -Case LUZ2003-10011 -Page 7 { `=,, VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The location of the proposed Residential Medium (RM) and Water/Drainage Overlay boundaries are logical and an appropriate classification between the multi-family uses to the north and west and the commercial uses to the south and east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-201; 2-701 & 4-602.F.1. and .2.] For the majority of the site, the FAR, ISR and density of the proposed MDR, Medium Density Residential District is either equal to or more intense than the existing zoning categories. However, FAR and ISR are not applicable to residential development. The below table provides a comparison of the density/intensity standards of the existing and proposed categories. Dwelling Units Per Floor Area Ratio Impervious Surface Acre (FAR ISR Existing CP 1 County 18.0 0.40 0.85 Zoning Existing R6 County 7 5 0.40 0.65 Zoning Existing MHP City 10.0 0.50 0.75 Zoning Proposed MDR 15.0 0.50 0.75 Zoning The total area of the subject site is 1,047,618 square feet and it is 750 feet in width. Both parcel's area exceeds the 10,000 square foot minimum lot area requirement and the lot width exceeds the 100-foot minimum required by the Medium Density Residential zoning district. The parcels meet the size requirements of the proposed District and the proposed attached dwelling use is permitted in the MDR District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. 'The proposed use of this property is consistent with the Medium Density Residential zoning district regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from the Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City) Staff Report -Community Development Board -January 20, 2004 -Case LUZ2003-10011 -Page 8 to the Residential Medium (RM) (City) and Water/Drainage Overlay (City) and a rezoning from the CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Parks District (City) to the MDR, Medium Density Residential District (City) (pending ANX2003-08021) for the subject property is requested in order to develop attached dwellings on the site. The site is surrounded by retail and restaurant uses to the south; Progress Energy high- tension power lines to the immediate west, with multi-family dwellings beyond; retail, outdoor recreation entertainment, warehouse and multi-family dwelling to the east; and multi-family dwelling uses to the north. The proposed Residential Medium (RM) and Water/Drainage Overlay Future Land Use Plan classifications and MDR, Medium 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 for 2520 Sunset Point Road and 24698 US 19 North from the Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City) to the Residential Medium (RM) (City) and WaterfDrainage Overlay (City) (pending ANX2003-10027); and 2. Amend the zoning district designation for 2520 Sunset Point Road and 24698 US 19 North from the CP 1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Parks District (City) to the MDR, Medium Density Residential District (City) (pending ANX2003- 08021). Prepared by Planning Department Staff Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S: (Planning Department I C D BlLand Use AmendmentslLUZ 20031LUZ2003-10011 Townhome Manors ojCottntrysidelLUZ2003-10011 Townltomes at Cowitryside stafj'report.doc Staff Report -Community Development Board -January 20, 2004 -Case LUZ2003-10011 -Page 9 F t ~ .._ _ _ - - T BANYAN OR arc ~ u ~ Tlmberaesl Gr S 4". < FIRST AVEN 5 ~m ~ - WdLOW TREE TRAIL _J IL _ _J I - a ~ ~1 ~ ~ ~ ~ ~~ - i - I ~~ a ~ ~. _r~F~ ~~ .: _ 0 :-~ , . ~ . 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NN// / L ICI ~ ~ _CF~ tt-:, C= I ST MANOR BLVD 1 ~ J > \ 1 _ _ ~. - r, feu ~,~~ T F~s a /„ j ~ ~ y a a 1 A / s _ \. B~~O > ~ ~ ~ Jbrlas \ ~ \`~ ~ _ Casey {~ G ~ ~ ~ ~ ` F. - SSP e C ~,ST JtJHN K ,:: ': JEfYIERINGTON _ \P S 1AGOON a RD i pCH ¢ ~ ~ a - l r , Location Map Owner: George C. Clark Investments, LTD Case: LUZ2003-10011 Site: 2520 Sunset Point Rd and 24698 US 19 N Property SizelAcres): 24.05 Land Use Zoning 06/29/16/09072/000/1200 R/O/R, RU, 8~ Water (County) CP1 & R6 (County) PIN: 06/29/16/09072/000/1000 From : CG, RLM 8~ Water (City) C 8L MHP(City) To: RM 8~ Water/Drainage MDR Atlas Page: 2548 Overlay Aerial Photograph Owner. George C. Clark Investments, LTD ~ Case: LUZ2003-10011 Site: 2520 Sunset Point Rd and 24698 US 19 N I Property ~ 24.05 I Ci~ol A`+rcel- Land Use Zoning 06/29/16/09072/000/1200 06/29/16/09072/000/1000 R/O/R, RU, 8~ Water (County) CP18. R6 (County) From : CG, RLM 8~ Water (City) C 8. MHP(City) To: RM 8~ Water/Drainage MDR I Atlas Page: Overlay 2546 .. .,. ,, - ` ~ . , - ,; ;. ' ,, ~ r/V --- - ---- L--: - .. o = ' ~ S ` - - '' f ~ - • r ~ .; _~ & ~ Vii ~ - ~. $ $ - _ - _ _ - e , :. _ ' l / ~,, l~ 7J J ', l `~ , ~ .L l. T : ~ ~ ~ - - , J r -' r r - . $ ,. _, ~,. 1 , ~ _ , - ~ .~ ~~_ '\. - Y -3 ~_ - - r-- r• .._ - ___ -_ r - -- _r ___ 1 __ ~r'~ -- ~-. _---'-- a - t ',, ' _- ~:': . , - - - ~ _ ~ - - - f f , r r ~- _ _ ' -_ _ _Ii-'J ~, Wiz' -J rv~ . ~ ~ , ~ ~ v `I •, r ,_ ; ,: //~~~~ W - - - . ~ _ `, ' - '= - - -- ' ; _ _ ~ POIN - ¢ -- _ - -_ ~ - CG -_- - _ _ ___: : ~ = CG _ --- -, Exisisting Future Land Use Plan /Vlap Owner: George C. Clark Investments, LTD Case: LUZ2003-10011 Site: 2520 Sunset Point Rd and 24698 US 19 N Property 24.05 Size(Acres Land Use Zoning 06/29/16/09072/000/1200 R/O/R, RU, 81 Water (County) CP18~ R6 (County) PIN: 06/29/16/09072/000/1000 RLM & Water (City) C 8~ MHP(City) From : CG , To: RM 8. Water/Drainage MDR Atlas Page: 2548 Overlay ~~2 T/U - --- ------ ------- ----- ---- ~_ .--- ~~ ~ - g ° - 2 - - - a p ~ • 1 Z ~' .____. ~l Y `~ ~ Y •~ o ~ l_ . ~ J '.CL r ~U ~ ~ ~ ~. ~'. - • ~ r.• . 7~ ~ - -- ~ __ -- T/U --_ -_ _ - - - .' _ • _ _ -- f : a ~ ~_ - y~ ~: E :-. - - - r- --- r _ __ ' ~ ---' --- _ ~ -------- r---__ . - ~ . ~, , ,- • ' - ~ ,.., _ _ _ _ - _ _ ~ -•r•r..c . _ . .! .^ .; • -, . - -. _~ _ ~ .. _ - - - - _ ,~-_ _ __ t'0 -- _- _ - ----- - - -- - POIN - - - _ .} ~ , - ~ . ,err ~ ~R i 's Proposed Future Land Use Plan Map Owner. George C. Clark Investments, LTD Case: LUZ2003-10011 Site: 2520 Sunset Point Rd and 24698 US 19 N Property 24.05 Size(Acres): Land Use Zoning 06/29/16/09072/000/1200 R/O/R, RU, S• Water (County) CP18, Rb (County) PIN: 06/29/16/09072/000/1000 RLM & Water (City) C 8. MHP(City) From : CG , To: RM 8. Water/Drainage .MDR Atlas Page: 2546 Overlay _ ~ 1 ~ R ~ ~ _ ~ ~ _ 'rlTl) ~' ~ i ~ , __ . 4 ~ ~kf ®~If~-- 23 S __• .. _ ,. ~ ~ RR __ _ . _ _ ~r ~__ _ : r •_ _ - __ _ _ ~ •' 'r ~ . ~ __ r -..._ -- ~ _ f_-- _ ___ ~ ~. , ~ _ ~ ~ ~ I _ -_ - .. .... .: _- } --- _ =- - r`~ . .MDR ~ .~.;~`; ~` - _ ~ ~. _ ~ _ --~ J~ __ - ~~~ ~ i + ~ -..u _ ,~ _, -~ w.. ,~, P. W ~_ ---------- --- ~. r -. _ __ _ ___ __ _ ~S ~ SS.~R~A~~~E~.R E~ ___ .~ SUNSET POINT _ :~__ ; ~ Zoning Map Owner: George C. Clark Investments, LTD Case: LUZ2003-1001 1 Site: 2520 Sunset Point Rd and 24698 US 19 N Property 24.05 SizelAcres): Land Use Zoning 06/29/16/09072/000/1200 R/O/R, RU, 8~ Water (County) CPl& R6 (County) PIN: 06/29/16/09072/000/1000 From : CG, RLM 8. Water (City) C & MHP(City) To: RM & Water/Drainage MDR Atlas Page: 2546 Overlay ~, I i :, ~ . - •- --- - - t - - x t- ~ ~ - ~j ~;~ - F A ~' ~ V ~ M' •~ -~ ~ ~ t' ~ ~~ilobile ~~~~- a ~ , o . ~. ~ ~ ~ .~ -- (~ ~ ~ ~ ~~+ _ C - ~' ~, _ u~door , _ ~ ~-~ . ~ ~ _ - __ _. ~ ~ ~ ct~e~tion/ .~.. , ~~t~~ ~: ~ -~ k~ . ~ :~ -.~ ~ e ter~~ininen .. ._ r, - - - ._ - ~ J ~ .ax ~~t~lt~-{fa~~ly ~~ - - _ = ~~ resl~i~ri~f a~ ~ _ , ----- , ~2e>iai '~~ii~~'ri -e,~r ,~ ~ _ - ~ ~ ~_~ -- I ~~ , _, _____ - - ~ r ~ ~ ~ . . _ __ -r- T- f: ~_ \ ~'_ ' ~~~ _=~i ~ . ~'- . ~ _r - _ __ _ ' -~ r~=• - -~' :__ *~~ _ - ;_ - ~ - --- „, ~ Retail ,~, f ~ ~~ ~~ -.' ~ 4 ~`` ~ _. varchl~i~sc~ Reh - fit- - ' it ,~e~f~t~xag~_ __- Q, - ------------ --- i / _ ~\/ - - _=_ ~i _ - ~ ~ •, ,, . ~ ' '- _ _ -- :d; -~ r---ice ~`~ __ ~ _ =--- -- 54. ==_ _ _ , ~ _ Beta ----- == III I .` ~ ~, ` 'R H RA~~ .'RRAR ^n F,R ~' I ~ , I ~ ~'~ = ~ - ~ L ~~ ~ ~ _ ~' OINT -- _ ~ - ~- ~ i ~ ' i ' ° L--- ~ . , ~___ - ' ~ __-- - UNSETP . - cc , ~ ~- let '1 ~' ~ ~.ct~ i -,---, a _ - `~ ~ ' ! - - - ~ --~ ~ ; ~ I Tom. Existing Surrovnc~ing Uses Owner. George C. Clark Investments, LTD Case: LUZ2003-10011 Site: 2520 Sunset Point Rd and 24698 US 19 N Property Size(Acresl: 24.05 Land Use Zoning. ~ 06/29/16/09072/000/1200 06/29/16/09072/000/1000 R/O/R, RU, 8~ Water (County) CP18, R6 (County) i ~ From : CG, RLM 8~ Water (Ci ty) C 8~ MHP(City) To: RM 8. Water/Drainage MDR Atlas Page: 2546 Overlay ~ r,~ ~~ l ~ A~ '4' ~, i ~. ~,~ ~r~'~'"x .#;"r «!~ fir's'` ~ '`: na*xr ~`F~ ;tom ` ~,~,r. ~:= .-~ ;,~, ,Y ~ P r 4'~ Property to the east Property to the south Site view George C. Clark Investments, LTD LUZ2003-10011 2520 Sunset Point Road & 24698 U.S. 19 N Site view Property to the west Property to the north 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 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, January 20, 2004 before the Community Development Board, at 2:00 p.m. Thursday, February 19, 2004 before the City Commission (1st Reading), at 6:00 p.m. Thursday, March 4 2004 before the City Commission (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in Commission Chambers, 3rd floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida. (George C. Clark Investments, Ltd.) LUZ2003-10011 The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE N0.7247-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSNE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD APPROXIMATELY 330 FEET WEST OF U.S. 19 AND 1200 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF LOT 10 AND A PORTION OF LOT 11 BLACKBURNS SUBDNISION, WHOSE POST OFFICE ADDRESS IS 24698 U.S. 19 NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER AS RESIDENTIAL MEDNM AND WATER/DRAINAGE OVERLAY; AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD AND THE NORTH SIDE OF SUNSET POINT' ROAD APPROXIMATELY 250 FEET WEST OF U.S. 19, CONSISTING OF A PORTION OF LOTS 6, 11, AND 12 BLACKBURNS SUBDNISION, WHOSE POST OFFICE ADDRESS IS 2520 SUNSET POINT ROAD, FROM COMMERCIAL GENERAL, RESIDENTIAL LOW MEDIUM AND WATER/DRAINAGE TO RESIDENTIAL MEDIUM AND WATER/DRAINAGE OVERLAY; PROVIDING AN EFFECTNE DATE. ORDINANCE N0.7248-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD APPROXIMATELY 330 FEET WEST OF U.S. 19, AND 1200 FEET NORTH OF SUNSET-POINT ROAD, CONSISTING OF A PORTION OF LOT 10 AND A PORTION OF LOT 11, BLACKBURNS SUBDNISION, WHOSE POST OFFICE ADDRESS IS 24698 U.S. 19 NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER AS MEDNM DENSITY RESIDENTIAL (MDR) AND BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD AND THE NORTH SIDE OF SUNSET POINT ROAD AND APPROXIMATELY 250 FEET WEST OF U.S. 19, CONSISTING OF A PORTION OF LOTS 6, 11, AND 12, BLACKBURNS SUBDNISION, WHOSE POST OFFICE ADDRESS IS 2520 SUNSET POINT ROAD, FROM COMMERCIAL (C) AND MOBILE HOME PARK (MHP) TO MEDNM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTNE 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. Community Development Code Section 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Commission for final disposition. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Gina Clayton, Long Range Planning Manager, at 562-4587 to discuss any questions or concerns about the project and/or to better understand the proposal. This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, 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 DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. WITH THEIR REQUEST AT (727) 562-4093. Ad: 01/04/04 & 02/15/04 ~r ORDINANCE NO. 7247-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD APPROXIMATELY 330 FEET WEST OF U.S. 19 AND 1200 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF LOT 10 AND A PORTION OF LOT 11 BLACKBURNS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 24698 U.S. 19 NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER AS RESIDENTIAL MEDIUM AND WATER/DRAINAGE OVERLAY; AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD AND THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 250 FEET WEST OF U.S. 19, CONSISTING OF A PORTION OF LOTS 6, 11, AND 12 BLACKBURNS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2520 SUNSET POINT ROAD, FROM COMMERCIAL GENERAL, RESIDENTIAL LOW MEDIUM AND WATER/DRAINAGE TO RESIDENTIAL MEDIUM AND WATER/DRAINAGE OVERLAY; PROVIDING AN EFFECTIVE DATE. . ~,, . _ ~-. it ..y ~_ _x.. r: a~ ', .. ~. . ,. } 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 e See attached legal description Attached as Exhibit "A" (LUZ2003-10011) Land Use Category To: Residential Medium and Water/ Drainage Overlay Ordinance No. 7247-04 NOTE: The property is currently designated Residential/Office/Retail and Residential Urban and Water. Under the Pinellas County Future Land Plan. Section 2. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category of the hereinafter described property, upon annexation into the City of Clearwater pursuant to Ordinance No. 7246-04, as follows: Property Land Use Catego See attached legal description From: Commercial General and As Exhibit "B" Residential Low Medium and Water/Drainage To: Residential Medium and Water/ Drainage Overlay Section 3. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 4. This ordinance shall take effect immediately upon adoption,. subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall- i s Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7247-04 D E S C R I P T I O N PARCEL I SEC. 6, TWP. 29 S., RGE. 16 E. PROJECT NUMBER 001-3113 LOT 10, LESS THE EASTERLY 324.00 FEET THEREOF, BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PU8L1C RECORDS OF PINE LLAS COUNTY, FLORIDA. LAWSON ROAD PARCEL THAT PART OF THE EASTERLY 60.00 FEET OF LOT 11 LYING NORTH OF THE WESTERLY EXTENSION OF THE SOUTHERLY BOUNDARY OF LOT 10, ALL OF BLACKBURNS SUBDIVISION ACCORDING, TO THE PLAT THEREOF P.ECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, Fl..ORlDA. PARCEL' It LOT 11 ,LESS THAT PORTION OF SAID LOT 11 LYING SOUTH OF THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY 'OF tOT 6, ALSO 'L•E'SS THE EAST 60:00 FEET OF THAT PART OF •SAID LOT 11 LYING NORTH OF THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF SAID LOT 6, ALL OF BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINE LLAS COUNTY, FLORIDA. ALSO LESS FROM THE NORTHWEST CORNER OF SAID LOT 11 FOR A POINT OF BEGINNING, RUN PARALLEL TO THE CENTER LINE OF COUNTY ROAD 194, SOUTH 89'46' 13" EAST 228.47 FEET; THENCE SOUTH 01'02'38" WEST 50!}00• FEET; THENCE NORTH 89'46'13" WEST 229.92 FEET, THENCE ALONG THE WEST SIDE OF SAID LOT 11, NORTH 01'12'28" EAST 508.00 FEET TO THE POINT OF BEGINNING. ALSO LESS THAT PORTION LYING WEST OF THE EASTERLY BOUNDARY OF THE FOLLOWING DESCRIBED LAND DE E DE D TO• FL-ORIDA POWER CORPORATION: BEGINNING AT A POINT ON THE WEST BOUNDARY OF LOT 11, BLACKBURN SUBDIVISION, RUN NORTH 0'54'23" EAST 260.25 FEET FROM THE S OIiTHWE S T CORNf R OF SAID LOT 11, THE NCE NORTH 0'54'23" EAST 1015.46 FEET, THENCE NORTH 89'56'19" EAST 228.47 FEET, THENCE SOUTH 0'52'10" WEST 1015.46 FEET, THENCE SOUTH 89'56'19" WEST 229.12 FEET TO THE POINT OF BEGINNING. ALSO LESS COMMENCE AT THE SOUTHWEST CORNER 'OF SAID 'LOT 11; THENCE ALONG THE WESTERLY BOUNDARY 'OF SAID LOT 11, N.01'12'28"E ., 260.25 FEET TO THE POINT OF BEGINNING; THENCE N.01'12'28'E., 238.01 FEET; THENCE S.89'46'13"E ., 228.97 FEET; THENCE S.01'10'17"W., 238.01 FEET; THENCE ALONG THE WESTERLY EXTENSION! OF THE NORTHLY BOUNDARY OF LOT 6, BLP.CKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINE LLAS COUNTY, FLORIDA, N.89'46'13"W., 229.12 FEET TO THE POINT OF BEGINNING. CONTAINING 10.67 ACRES, MORE OR LESS PLOT ~- SURY~ Y SHEET 2 OF 3 DATE ~LA(;~C~URI~S 10 23 03 5~~1 ~ ®~ ~AS ~ Q p~' rRGFcSSIOAIAt SUR Jt `~ldG B~I V ~ E ~~1~~ ®I V 2915 S.R. 590, SUITE 17 E v~ ~ ~ ~ -q- CLEARWA7ER, FLORIDA 33759 /0 i (727) 669-x522 . _ __, --- SEC. 6, TWP. 29 S., RGE. 16 E. D E S C R ~ P T i O N PROJECT NUMBER 001-3113 PARCEL I LOT 10, LESS THE EASTERLY 324.00 FEET THEREOF, BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA. LAWSON ROAD PARCEL THAT PART OF THE EASTERLY 60.00 FEET OF LOT 11 LYING NORTH OF THE WESTERLY EXTENSION OF THE SOUTHERLY BOUNDARY OF LOT 10, ALL OF BLACKBURNS SUBDIVISION ACCORDING, TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL II LOT 11 ,LESS THAT PORTION OF SAID LOT 11 LYING SOUTH OF THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF LOT 6. ALSO LESS THE EAST 60.00 FEET OF THAT PART OF SAID LOT 11 LYING NORTH OF THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF SAID LOT 6, ALL OF BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA. ALSO LESS FROM THE NORTHWEST CORNER OF SAID LOT 11 FOR A POINT OF BEGINNING, RUN PARALLEL TO THE CENTER UNE OF COUNTY ROAD 194, SOUTH 89'46' 13" EAST 228.47 FEET; THENCE SOUTH 01'02'38" WEST 508.00 FEET; THENCE NORTH 89'46'13" WEST 229.92 FEET, THENCE ALONG THE WEST SIDE OF SAID LOT 11, NORTH 01'12'28" EAST 508.00 FEET TO THE POINT OF BEGINNING. ALSO lE S S THAT PORTION LYING WEST OF THE EASTERLY BOUNDARY OF THE FOLLOWING DESCRIBED LANG DEEDED TO FLORIDA POWER CORPORATION: BEGINNING AT A POINT ON THE WEST BOUNDARY OF LOT 11, BLACKBURN SUBDIVISION, RUN NORTH 0'54'23" EAST 260.25 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 11, THENCE NORTH 0'54'23" EAST 1015.46 FEET, THENCE NORTH 89'56'19" EAST 228.47 FEET. THENCE SOUTH 0'52'10" WEST 1015.46 FEET, THENCE SOUTH 89'56'19" WEST 229.12 FEET TO THE POINT OF BEGINNING. ALSO LESS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 11; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 11, N.01'12'28"E., 260.25 FEET TO THE POINT OF BEGINNING; THENCE N.01'12'28'E., 238.01 FEET; THENCE S.89'46'13"E., 228.97 FEET; THENCE 5.01'10'17"w., 238.01 FEET; THENCE ALONG THE WESTERLY EXTENSION OF THE NORTHLY BOUNDARY OF LOT 6, BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, N.89'46'13"W., 229.12 FEET TO THE POINT OF BEGINNING. PARCEL III LOT 12 AND THAT PORTION OF LOT 11 LYING SOUTH OF THE THE WESTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF LOT 6, TOGETHER WITH THAT PORTION OF BLACKBURN STREET LYING WEST OF THE NORTH SOUTH EXTENSION OF THE WEST BOUNDARY OF THE EAST 60.00 FEET OF SAID LOTS 11 AND 12, ALSO LESS THE WESTERLY 230.00 FEET OF SAID LOTS 11 AND 12, ALSO LESS THE WESTERLY 230.OO.FEET OF SAID BLACKBURN SIRE.E.T, ALL OF BLACKBURNS SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA. NOT A SURVEY F~hibit B SHEET 3 OF 4 DATE BLACKBURNS 10 23 03 ~ ~ ~ D I ` ~I ~ ~ O A ' PROFESSIaNAL SUR VEY/NG REVISED 1 1 /04/03 ~/ u V I ~J CLEARWATER, CF OR/ A 133759 REVISED 11./06/03 E nF1~~~T _ (727) ss9-0522 atC. 6, T1NP. 29 S., RGE. 16 E. PROJECT NUMBER 001-3113 ALSO LESS: AlL THAT LAND LYING SOUTHERLY OF THE FOLLOWING UNE: COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF LAWSON ROAD AND THE NORTHERLY RIGHT-OF-WAY UNE OF STATE ROAD 588; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY UNE OF LAWSON ROAD, N.01'02'38"E., 68.10 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE N.89'46'13"W., 107.54 FEET; THENCE S.70'33'26"W., 90.34 FEET; THENCE N.67'S9'30"W., 37.76 FEET; THENCE S.70'33'26"W., 171.85 FEET TO THE E ASTE RLY BOUNDARY OF THE WESTERLY 230.00 FEET OF SAID LOT 12 AND THE POINT OF TERMINATION. ALSO LESS: THE EAST 60.00 FEET OF LOTS 11 AND 12 LYING SOUTH OF THE WESTERLY EXTENSION OF THE NORTHLY BOUNDARY OF LOT 6, BLACKBURNS SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 24.096 ACRES, MORE OR LESS. PARCEL IV LOT 6, BLACKBURNS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24. PAGE 62 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. LESS THE EASTERLY 250.00 FEET THEREOF. PARCEL V COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF LAWSON AVENUE AND THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 588; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 588, SOUTH 70'33' 16" WEST 90.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 588, SOUTH 70'33'16" WEST 31.84 FEET;; THENCE NORTH 00'08'34" EAST 106.14 FEET; THENCE NORTH 70'33'26" EAST 9.03 FEET; THENCE SOUTH 89'46' 13" EAST 21.49 FEET; THENCE SOUTH 00'08'34" WEST 98.46 FEET TO THE POINT OF BEGINNING. LESS EXHIBIT "A" NOTE S 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST BOUNDARY LINE OF THE NE. 1 /4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST. PINELLAS COUNTY, FLORIDA, AS BEING S.01'02'38"W. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED. WITHOUT WRITTEN VERIFICATION. WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SKETCHOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER ""`! THOSE CERTIFIED T0. ,~ 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. C E R T I F I C A T I O N I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION REPRESENTED HEREON MEETS THE TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTE/S~ DATE J HN 0. DIEHL NOT A SUR~lEY ROFESSIONAL LANG SURVEYOR #4053 SHEET 4 O~ 4 °A~ DLACK~URNS • 10 23 03 S U D D I VI S I O N PROFESSIONAL SURVEYING REVISED 1 1./04/03 2915 S.R. 590, SUITE 17 ~~//tt~~11 ® CLEARWATER, FLORIDA 33759 REVISED 1 1 /06 /03 E f~ f-i I ®I ~ (727) sss-0522 i ~ .... __.'.__ ... ~ --- ~_ ~~ .~a®~.~~ .n, L _ ~ -- z0 y~ ~ ~~ '"~`` a e ~ ~~~_ , I ` r r ~` s a - - . _ ~ ~. -- - - _ R " - ~ - ~~I~al~f ---- - __ ~~ J _ ~ ~1 V ` ~ ~ _ /Q\I / j iY _ ' - _ ~ - , ~- .- % _ _ '_ -~ ~ r .` ' '-,Y 1 -~'^- '•, ' a _ ~ - 1'_ r!~• ~ 1K^/ Q /^_I ~ ' i ~ ~ r m '-V ~'~=`~::' -S nip ~ l • _ _ W _.. WAY __.._ ... .. ,m - '-'~ ~ i 3'33 i3iC [CL [~ ~~~ \/~/ _ _ _r _ _ - - POIN -., _ _ ,_ Future Land Use Plan Map Owner: George C. Clark Investments, LTD Case: LUZ2003-10011 Site: 2520 Sunset Point Rd and 24698 US 19 N Property 24.05 Size Acres): Land Use Zoning 06/29/16/09072/000/1200 PIN: R/O/R, RU, SL Water (County) CP18, R6 (County) 06/29/16/09072/000/1000 From : CG, RLM 8, Water (City) C 8, MHP(City) To: RM 8~ Water/Drainage MDR Atlas Page: 2548 Overlay Ordinance No. 7247-04 COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER January 20, 2004 Present: Ed Hooper John Doran Shirley Moran Edward Mazur, Jr Alex Plisko Kathy Milam Daniel Dennehy Chair Vice Chair Board Member Board Member Board Member Board Member Acting Board Member Absent: David Gildersleeve Also Present: Leslie Dougall-Sides Lisa Fierce Frank Gerlock Patricia O. Sullivan Board Member 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. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: December 16, 2003 Member Moran moved to approve the minutes of the regular meeting of December 16, 2003, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owner, etc. and will be approved by a single vote at the beginning of the meeting. (Items 1-9) 1. Case: FLD2003-08037 - 3080 Allen Avenue Level Two Application Owners/Applicants: Robert Hupp and Allen McMullen (3090 Charles Avenue, Clearwater, FL 33761; phone: 727.422.0422; fax: 727.726.8190). Representative: Bryan L. Zarlenga (380 Park Place Blvd., Suite 300, Clearwater, FL 33759; phone: 727.531.3505; cell: 727.639.5569; a-mail: bzarlenga(c~tbegroup.com). Location: 1.95 acres located at the northwest corner of Allen Avenue and McMullen- Booth Road. Atlas Page: 212A. Zoning: O, Office District. Request: Flexible Development approval to permit a reduction in the front (north) setback from 35 feet to 15 feet (to pavement) and from 35 feet to 16 feet (to generator pad) along Charles Avenue, a reduction in the required number of parking spaces from 98 spaces (5/1,000 square- feet) to 97 spaces (4.9/1,000 square-feet), an increase in building height from 30 to 38.5 feet under the provisions of Section 2-1004.C., and to vacate 242 feet of Allen Avenue right-of-way. Community Development 2004-01-20 AND 7 Level Three Application Case: LUZ2003-10011 - 2520 Sunset Point Road and 24698 U.S. Highway 19 North Owners: George C. Clark Investments, LTD. Representatives: Keith A. Lawes, Global Financial.lnvestments, LLC (300 6th Street North, Suite 7, Safety Harbor, Florida 34695, email: klawes a(~.tampabay.rr.com; phone: 727.723.0038; cell: 727.515.7070); Todd Pressman, Pressman & Associates, Inc. (28870 U.S. Highway 19 North, Suite 300, Clearwater, Florida 33761; phone: 727.726.8683; fax: 727.669.8114). Location: 24.05-acres located on the east and west sides of Lawson Road and the north side of Sunset Point Road, approximately 350 feet west of U.S. Highway 19. Atlas Page: 254B. Request: a) Land Use Plan amendment from the Residential/Office/Retail (R/O/R) Classification (County), the Residential Urban (RU) Classification (County), the Water/Drainage Feature (County), the Commercial General (CG) Classification (City) and the Residential Low Medium (RLM) Classification (City) to the Residential Medium (RM) Classification (City) and the Water/Drainage Overlay (City) (pending ANX2003-10027); and b) Rezoning from the CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivision District (County), the C, Commercial District (City) and the MHP, Mobile Home Park District (City) to the MDR, Medium Density Residential District (City) (pending ANX2003-10027). Proposed Use: Attached dwellings. Neighborhood Association: On Top of the World Homeowners Association (Ken Colen, President, 8700 SW 99th Street, Ocala, Florida 34481; Phone: 904.854.0805). Land Use Plan Amendment Category: Large Scale. Presenter: Marc A. Mariano, Planner. This Future Land Use Plan amendment and rezoning application involves two parcels of land, approximately 24.05-acres in area, containing 138 mobile home units. The applicant is the landowner of the entire site and rents the majority of the mobile home units on a monthly basis, with approximately 30 units being owned by separate persons. The applicant's representative has indicated that a Mobile Home Park Relocation Specialist has been acquired to handle the relocation of the residents of the park, as required by Florida Statute, Chapter 723, Mobile Home Park Tenancies. The site has Future Land Use Plan designations of Residential/Office/ Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City), as well as zoning classifications of the CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Parks District (City). The applicant is requesting to amend the Future Land Use Plan designation of this site to the Residential Medium (RM) and Water/Drainage Overlay classifications and to rezone it to the MDR, Medium Density Residential District to allow the development of approximately 300 attached dwellings. A companion application to annex a portion of this property into the City of Clearwater is being processed concurrently with this land use plan amendment and rezoning (ANX2003-10027). 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 Community Development 2004-01-20 14 Countywide Planning Authority. Based on the acreage and density 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 the Residential/Office/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City) to the Residential Medium (RM).(City) and Water/Drainage Overlay (City) and a rezoning from the CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Parks District (City) to the MDR, Medium Density Residential District (City) (pending ANX2003- 08021)for the subject property is requested in order to develop attached dwellings on the site. The site is surrounded by retail and restaurant uses to the south; Progress Energy high-tension power lines to the immediate west, with multi-family dwellings beyond; retail, outdoor recreation/entertainment, warehouse and multi-family dwelling to the east; and multi-family dwelling uses to the north. The proposed Residential Medium (RM) and Water/Drainage Overlay Future Land Use Plan classifications and MDR, Medium 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 to amend the Future Land Use Plan designation for 2520 Sunset Point Road and 24698 US 19 North from the Residential/ Office/Retail (R/O/R) (County), Residential Urban (RU) (County), Water/Drainage Feature (County), Commercial General (CG) (City), Residential Low Medium (RLM) (City) and Water/Drainage Overlay (City) to the Residential Medium (RM) (City) and Water/Drainage Overlay (City) (pending ANX2003-10027) and amend the zoning district designation for 2520 Sunset Point Road and 24698 US 19 North from the CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivisions District (County), the C, Commercial District (City) and the MHP, Mobile Home Parks District (City) to the MDR, Medium Density Residential District (City) (pending ANX2003-08021). AND 8. Case: ANX2003-10028 - 2941 & 2945 Sunset Point Road Level Three Application Owner/Applicant: Spear and Shirley Johnson. Representative: Philip Rogers, Realty Executive (3090 Charles Avenue, phone: 727.726.3333 ext. 103; fax: 727.726.8190). Location: 3.25-acres located on at the southeast corner of Sunset Point Road and County Road 193. Atlas Page: 2558. Request: a) Annexation of 3.25-acres to the City of Clearwater; b) Land Use Plan amendment from the Residential Low (RL) Category (County) to the Residential Low (RL) Category (City of Clearwater); and c) Rezoning from the AE, Agricultural Estate Residential District (County) and the R2, Single Family Residential District to the LMDR, Low Medium Density Residential District (City of Clearwater). Community Development 2004-01-20 15 attached dwellings (FLS2003-10054/PLT2003-00013). The right-of-way is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.22-acre in area and only provides access to the current property owner's site. As the property would be annexed in as road right-of-way, no Future Land Use Plan designation or zoning category would apply. The road right-of-way proposed for annexation will be serviced and maintained by the City of Clearwater, without any adverse effect on the service level. As application only proposes to annex road right-of-way, no sanitary sewer or water connection is required. The proposed annexation and proposed use are consistent with the City's Comprehensive Plan and the Countywide Plan. 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 its analysis, the Planning Department recommends approval of the annexation of the First Street East road right-of-way. Member Doran moved to approve Consent Agenda Items D1, Case: FLD2003-08037 for 3080 Allen Avenue, with Bases of Approval and Conditions of Approval as listed, and to recommend approval of D5, Case: ANX2003-10026 for 149 Baywood Avenue, D6, Case ANX2003-10027 for 24698 US Highway 19 North, D7, Case LUZ2003-10011 for 2520 Sunset Point Road and 24698 US Highway 19 North, D8, Case ANX2003-10028 for 2941 and 2945 Sunset Point Road, and D9, Case ANX2003-12003 for First Avenue East road right-of-way. The motion was duly seconded and carried unanimously. E. NON-CONSENT AGENDA (Item 1) 1. Case: FLD2003-09042 - 1575 South Highland Avenue Level Two Application Owners/Applicant: Griffin International, Inc. (186 Bayside Drive, Clearwater, FL 33767; phone: 727.444.4495; fax: 727.444.4496; e-mail: D4444495 c(D.aol.com). Location: 8.5 acres located on the northeast corner of Belleair Road and Highland Avenue. Atlas Page: 315A. Zoning: C, Commercial District. Request: Flexible Development approval to permit the sale of alcoholic beverages on a parcel of land contiguous to a parcel of land which is designated as residentially-zoned property in the Zoning Atlas, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C. Proposed Use: Alcoholic beverage sales within a 2,100 square-foot tenant space located in an existing shopping center. Neighborhood Association: None. Presenter: Bryan Berry, Planner Planner Bryan Berry reviewed the request. This case was continued from the December 16, 2003, meeting by the applicant due to a conflict in the proposed store hours between the applicant and City staff. Community Development 2004-01-20 17 CITY COMMISSION MEETING CITY OF CLEARWATER February 19, 2004 draft Present: Brian J. Aungst Hoyt P. Hamilton William C. Jonson Frank Hibbard J. B. Johnson Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan 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 Pastor Peter Dembroski, Hope Presbyterian Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 3 -Service Awards: Two service awards were presented to City employees. Dawn Lakin, Public Communications, was presented the February 2004 Employee of the Month award. 4 -Introductions Awards, and Presentations: a) Environmental Advisory Board presents award to Public Utilities Department. b) Neighborhood Matching Grants Award were presented to the Clearwater Beach Association, Coachman Ridge, Country Club Estates, Country Club addition, Harbor Oaks, Hillcrest Garden Club, Oak Forest and Wildwood Homeowners Association, Old Clearwater Bay Neighborhood Association, Skycrest Neighbors, Windsor.Park Neighbors, and Wood Valley Neighborhood. 5 -Approval of Minutes Commissioner Jonson moved to approve the minutes of the February 5, 2004, meeting, as recorded and submitted in written summation by the City Clerk to each Trustee. The motion was duly seconded and carried unanimously. 6 -Citizens to be heard re items not on the Agenda: Commission 2004-02-05 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 149 Baywood Avenue (Block E, Lot 4 Eastwood Terrace 2nd Addition in Section 18, Township 29 South and Range 16 East). The motion was duly seconded and carried unanimously. Ordinance #7243-04 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7243-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Ordinance #7244-04 was presented for first reading and read by title only. Commissioner Johnson moved to pass Ordinance #7244-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst. "Nays": None. Ordinance #7245-04 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7245-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst. "Nays": None. 9 -Public Hearing & First Reading Ordinances #7246-04, #7247-04 and #7248-04 - APPROVE the Annexation Land Use Plan Amendment from the (R/O/R) (County), (RU) (County) Water/Drainage Feature (County), (CG) (City), (RLM) (City) and Water/Drainage Overlay (City) categories to the (RM) (City) and Water/Drainage. Overlay (City) categories and Zoning Atlas Amendment from CP1 District (County), the R6 District (County) the C District (City) and the MHP District (City) to the MDR District (City) for property located at 2520 Sunset Point Road and 24698 US 19 North (consisting of a portion of Lots 6, 10, 11 & 12 in Sec 06-29-16. ANX2003- 10027/LUZ2003-10011 (George C. Clark Investments, Ltd) (PLD) Long Range Planning Manager Gina Clayton reviewed the background. This subject site consists of two parcels of land approximately 24.05 acres in area. The entire site is located on the east and west sides of Lawson Road, north of Sunset Point Road and approximately 300 feet west of U.S. Highway 19. This annexation, land. use plan amendment and rezoning is requested by the applicant in order to redevelop this existing mobile home park with a townhouse development. The applicant's representative has indicated that a Mobile Home Park Relocation Specialist has been retained to execute a resident relocation plan, as required by Florida Statute, Chapter Commission 2004-02-05 4 723, Mobile Home Park Tenancies. The existing mobile home park contains owner and renter occupied units. One of the subject parcels, 24698 US 19 North, is located in Pinellas County and the applicant is requesting the City annex it. 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, the Community Development Code and Pinellas County and Florida Law; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. Pursuant to Pinellas County Ordinance No. 00-63, the PPC and County staffs have reviewed this annexation and determined it complies with the ordinance criteria. It was stated the applicant is required to meet traffic requirements when the development plan is submitted. One resident expressed concern construction not impede access of Lawson Road by nearby residents and questioned what improvements are planned. Ms. Clayton said the developer has not filed plans but will need to improve Lawson Avenue if that road is to be used for primary access to the development. City Engineer Mike Quillen said the timing of improvements to the road will depend on the location of the project's staging area. The developer is responsible for the cost of related road improvements. Commissioner Jonson moved to approve the Annexation, Land Use Plan Amendment from the (R/O/R) (County), (RU) (County), Water/Drainage Feature (County), (CG) (City), (RLM) (City) and Water/Drainage Overlay (City) categories to the (RM) (City) and Water/ Drainage Overlay (City) categories and Zoning Atlas Amendment from CP1 District (County), the R6 District (County), the C District (City) and the MHP District (City) to the MDR District (City) for property located at 2520 Sunset Point Road and 24698 US 19 North (consisting of a portion of Lots 6, 10, 11 & 12 in Section 6, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance #7246-04 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7246-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Hibbard, Johnson, and Aungst. Commission 2004-02-05 5 "Nays": None. Ordinance #7247-04 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7247-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Johnson, and Aungst. "Nays": None. Absent: Hibbard, Ordinance #7248-04 was presented for first reading and read by title only. Commissioner Johnson moved to pass Ordinance #7248-04 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, Johnson, and Aungst. "Nays": None. Absent: Hibbard, 10 -Public Hearing & First Reading Ordinances #7249-04, #7250-04 & #7251-04 - APPROVE the Petition for Annexation Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County AE Agricultural Estate Residential District to the City LMDR, Low Medium Density Residential District for 2941 and 2945 Sunset Point Road (M&B 14/09 and 14/12 in Sec 05-29-16. ANX2003-10028 (Spear & Shirley Johnson) (PLD) The subject property is located at 2941 and 2945 Sunset Point Road, at the southeast corner of Sunset Point Road and County Road 193. The applicant is requesting this annexation to receive City services and develop the site with single- familydetached dwellings. 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 3.2 acres in area and is occupied by asingle-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 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 3) 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 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. The Commission 2004-02-05 6 Comprehensive Plan Citizen Courtesy Information List Local Government: ~ -~ ~~ , ~ F ~- ~ ~ Hearing Date: ~ ~ ~~ Z ~~ Type Hearing: Transmitt (Propose 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 Appropriate Identify Citizen Name Address, City, State, Zip Code Box Amendment which is of Written Spoken Interest Comment Comment f I Over for more spaces • ~ ~~ Tampa Bay,R.egional Planning Council C~jair Vice-C~jair Secretarv~/'I'reasurer Commissioner Steve Simon Commissioner Jane von Hohmann Robert Rersteen 24 May 2004 Mr. Ray Eubanks Community Program Administrator Plan Processing Unit Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Executive Director Mannv~ Pumarieya ~~c~iv~~ MAY 2 4 2004 Dear Ray: PLANNING DEPARTIUIENT CITY OF CLEARUVATER The enclosed draft comprehensive plan amendment report for the City of Clearwater (04-1) was prepared in accordance with the provisions set forth in the contract entered into between the Tampa Bay Regional Council and the Department of Community Affairs. An approved copy of the report will be forwarded to you after the 14 June 2004 Council meeting. Should you have any questions concerning the enclosed report, please do not hesitate to contact me. Sincerely, ~ ~~ H. Gerald Smelt, AICP Governmental Services Coordinator Enclosure cc: Marina Pennington, DCA (w/encl) Gina Clayton, Clearwater (w/encl) 400° Gatewav~ Centre Bou~evard~ Suite 100 • Pine~~as Par FL 33782 Phone: 727-57°-5151 'Fax: 727-570-5115 • StateNumber:513-5o6G • wwwtbrpc.ory n .CJ u Tampa Say Regional Plann/ng CnunrO Agenda Item #3.H.1 06/14/04 LOCAL GOVERNMENT COMPREHENSIVE PLAN ADOPTED AMENDMENT REPORT (No Subsequent Revisions) CITY OF CLEARWATER DCA #04-1 AMENDMENT #LUZ2003-10011 -Future Land Use Map • From: Pinellas County Residential/Office/Retail (ROR), Residential Urban (RU), and Water/Drainage Overlay and City Commercial General (CG), Residential Low Medium, and Water/Drainage Overlay • To: Residential Medium and Water/Drainage Overlay • Size: 24.05 acres • Location: 2520 Sunset Point Road and 24698 US 19 North • Existing Use: Mobile home park -Contains 138 mobile homes. "The applicant is the landowner of the entire site and rents the majority of the mobile home units on a monthly basis, with approximately 30 units being owned by separate persons." • Proposed Use: Redevelopment as approximately 300 multi-family residential • Council Review: • Proposed amendment reviewed on: 12 Apri12004 • Regionally Significant: Yes, based on the fact that: • The site has direct and indirect access to US 19, a regionally significant roadway; • Will result in an increase of 116 residential units (199 under current land use designations verus a maximum of 315 units permitted under the adopted RM designation); and • Will result in the loss of 138 "affordable housing" units. For Council meeting of 14 June 2004 Report prepared: 18 May 2004 • Report prepared by: Gerald Smelt, East. 28 • • Regional Comments: The City has noted that the amendment and change of use are compatible with the adjacent uses and land use designations found in the surrounding areas. Regarding the loss of the 138 mobile home units, the initial supporting documentation noted that "the applicant's representative has indicated that a Mobile Home Park Relocation Specialist has been acquired to handle the relocation of the residents of the park, as required by Florida Statute, Chapter 723, Mobile Home Park Tenancies." Applicable SRPP policies: Affordable Housing - 1.3.8 Regional Transportation - 5.2.2 Consistency with SRPP: Consistent. *. \~ . For Council meeting of 14 June 2004 Report prepared by: Report prepared: 18 May 2004 2 Gerald Smelt, Ext. 28 DEPARTMENT AFFAIRS "f~edicated to making Florida a better place to calf home" JEB BUSH Governor THADDEUS L. COHEN, AIA Secretary November 1, 2004 ~ ~~~~~~~® Ms. Gina. Clayton Long Range Planning Manager Municipal Services Building tt~o south Myrtle Avenue Clearwater, Florida 33756 Dear Ms. Clayton: NC~V U ~ 20U4 ~±~.~°~liLG DEPARTIl~ENT ~~ ° i"Y OF CLEARWATER Thank you for submitting copies of City of Clearwater's Comprehensive Plan Amendment No. 04-2 adopted by Ordinance 1`l0. 7300-04, 7302-04 and 7295-04 on October 7, 2004 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 afl'ected party or the Department. Based upon these fads, the expedited publication of notice of intent pursuant to Section 163.3184{8), Florida Statutes, will occur on or about November 15, 2004. Also, please be advised that Section 163.3184(8)(c)2, Florida Statutes, requires a local government that. has an Internet site fo post a dopy of the Dr~artment's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. 1f you have any questions, please contact Debi Johnson, Plan Processor at (850) 922-1769 or myself ai (850) 922-1767. Sincerely, "~~~ D. Ray 1/ubanks Plan Review and Processing Administrator DRE/dj cc: Manuel Pumariega, Executive Director, Tampa Bay RPC 2538 SHtJMARD OAK BOULEVARD ~ TALLAHASSEE, FLORIDA 32399-2100 Phone: +850.488.84661Suncom 278.8468 FAX: 850.921 .0781lSuncom 291 .0781 Internet address: http:/lwww.dca.state.f1.us GRRICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT .• ~~~~. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH THADDEUS L. COHEN, AIA Governor Secretary COPIES TO August 20, 2004 C~'~ COUNCIL The Honorable Brian Aungst RECEIVED AUG 24 2004 Mayor, City of Clearwater 100 South Myrtle Avenue PRESS Clearwater, Florida 33756 AUG 2 5 2004 CLERK/ATTORNEY ~" • PLANNING DEPARTMENT Dear Mayor Auggst: CITY OF CLEARWATER The Department has conducted a preliminary review of the City of Clearwater proposed Comprehensive Plan amendment received on July 16, 2004, (DCA No. 04-2). The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes (F.S.), and Rule 9J-5, Florida Administrative Code (F.A.C.). In addition, the Department has not received any recommendation for review from the Tampa Bay Regional Planning Council, but has received a comment from Mr. William Connelly who objected to the redesignation the 36 acre parcel from Residential Urban to Open Space /Recreation. With this letter, the Department waives its Objections, Recommendations and Comments Report. The City may proceed to immediately adopt the amendment; however, we recommend that you consider Mr. Connelly's views during your decision making process. For your assistance, we have attached procedures for final adoption and transmittal of the comprehensive plan amendment. This letter should be made available for public inspection. If you have any questions concerning this matter, please contact Mark Neuse, Planner, or Marina Pennington, Regional Planning Administrator, at (850) 922-1798. Sincerely y urs, ~te^ Charles Gauthier, AICP /~ Chief of Comprehensive Planning CG/mn cc: Ms. Gina Clayton, City of Clearwater Mr Manny Pumariega, TBRPC Enclosures: Review Agency Comments Letter from Mr. William Connelly 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 32399-2100 Tallahassee, FL 32399-2100 (305)289-2402 (850)48&2356 (850)413-9969 (850)468-7956 • Transmittal Procedures Upon receipt of this letter, the City of Clearwater shall have sixty (60) days within which to adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. The City must ensure that all ordinances adopting comprehensive plan amendments are consistent with the provisions of Chapter 163.3189(2)(a), F.S. Within ten (10) working days of the date of adoption, the City of Clearwater must submit the following to the Department: 1. Three copies of the adopted comprehensive plan amendment; 2. A copy of the adoption ordinance; 3. A listing of additional changes not previously reviewed; 4. A listing of findings by the local governing body, if any, which were not included in the ordinance; and, 5. 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(f) F.A.C., please provide a copy of the adopted amendment directly to Mr. Manny Pumareiga, Executive Director, 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 bylaw 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. 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 that information as well. For efficiency, we encourage that the information sheet be provided in electronic format. • • RULE 9J-11, F.A.C. TRANSMITTAL REQUIREMENTS FOR THE SUBMISSION OF ADO~'TED COMPREHENSIVE PLAN AMENDMENTS June 2002 NUMBER OF COPIES TO BE SUBMITTED: Please submit three copies of the adopted amendment package to the Florida Department of Community Affairs and one copy each to the Florida Department of Environmental Protection, appropriate Florida Department of Transportation district office, appropriate Regional Planning Council, and the appropriate Water Management District, Office of Educational Facilities of Commissioner of Education (if related to public educational facilities element pursuant to 163.31776, F.S.), appropriate County, Florida Fish 8 Wildlife Conservation Commission (county plans only), and Florida Department of Agriculture Division of Forestry (county plans only). SUBMITTAL LETTER REQUIREMENTS: Please include the following information in the transmittal cover letter transmitted the adopted amendment (see Rule 9J-11.011(5), F.A.C.): DCA identification number for adopted amendment package; Name of newspaper in which the Department will publish the required Notice of Intent (Rule 9J- 11.011(5) F.A.C. and Section 163.3184(15)(e), F.S.); Brief description of the adoption package, including any amendments previously proposed but not adopted (Rule 9J-11.011(5)(a)5, F.A.C.); Ordinance number and adoption date (Rule 9J-11.011(5), F.A.C.); Certification that the adopted amendment(s) has been submitted to all parties listed in Rule 9J- 11.009(6), F.A.C. (Rule 9J-11.011(5), F.A.C.); Name, title, address, telephone, FAX number and a-mail address of local govemment contact; Letter signed by the chief elected official or the person designated by the local government (Rule 9J-11.011(5), F.A.C.). If the plan amendment is unchanged and was not subject to review or objections, a statement requesting expedited publication of notice of intent. The transmittal letter shall include the following language: 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. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package (Rule 9J-11.011(5), F.A.C.): All adopted text, maps and support documents (including data and analysis) on new pages of the affected amendment in astrike-through/underline format (or similar easily identifiable format). In case of future land use map amendment, the adopted future land use map reflecting the changes made when adopted. Note: If the local govemment is relying on previously submitted data and analysis, no additional data and analysis is required. Copy of executed ordinance adopting the comprehensive plan amendment(s); • Copy of the Citizen Courtesy Information List. In event no individuals sign up to receive a courtesy information statement, indicate on sign-in form that no request were made and include the form in the adopted package. [9J-11.015(5)(b)4 and 163.3184(15)(c), F.S.j (Section 163.3184(8)(b)2, F.S.); List of additional changes made in the adopted amendment that the Department did not previously review (Rule 9J-11.011(5)(a)5.a, F.A.C.); List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment (Rule 9J-11.011(5)(a)S.b, F.A.C.); Statement indicating the relationship of the additional changes not previously reviewed by the Department to the ORC report from the Department (Rule 9J-11.011(5)(a)5.c, F.A.C.) List of proposed amendments previously reviewed by the Department in current cycle of amendments that were not adopted by local government (Rule 9J-11.011(5)(a)S.d, F.A.C.) If local government uses replacement page format: copies of newly adopted comprehensive plan pages that contain newly adopted plan amendments and new cumulative table of contents (Rule 9J- 11.011(5)(e), (f), F.A.C.). 2 • • _ ._.. Tampa BuVRcg/nnul Plannmq Caanc/1 G ~ 7 LOCAL GOVERNMENT COMPREHENSIVE PLAN TUB ` PROPOSED AMENDMENT REPORT ~ Agenda Item #3.H.1 ~~ 08/09/04 . CITY OF CLEARWATER DCA#04-2 PURSUANT TO SECTION 163.3184(6)(a), FLORIDA STATUTES, IT IS REQUESTED THAT DCA NOT REVIEW THE PROPOSED AMENDMENT. For Council meetinD of 9 Aug 2004 Report prepared: 12 July 2004 Report prepared by: Gerald Smelt, Ext. 28 • • (This page intentionally left blank). For Council meeting of 9 Aug 2004 Report prepared by: Report prepared: 12 July 2004 Gerald Smelt, Ext. 28 • • AMENDMENT #LUZ2004-03002 -Future Land Use Map From: Pinellas County Residential Low (RL) To: Residential High,(RH) Size: 4.4 acres Location: 2025 North Highland Avenue Existing Use: Two single-family dwellings Proposed Use: 132 townhouse dwellings Adjacent Designations: • North: RH • South: Residential Urban (RU) • East: RH • West: RU Adjacent Uses: • North: Multi-family.residential • South: Single-family residential . • East: Multi-family residential • West: Single-family residential Regionally Significant: No, based on the fact the proposed amendment does not impact identified regionally significant resources or facilities. Result in extra-jurisdictional impacts?: No, based on the fact that the proposed amendment does not raise any extra jurisdictional issues. Impact regional facilities/resources?: No, based on the fact the proposed amendment does not impact identified regionally significant resources or facilities. Regional Comments: None. Applicable SRPP Policies: None. Consistency with SRPP: Consistent. For Council meeting of 9 Aug 2004 Report prepared by: Report prepared: 12 July 2004 1 Gerald Smelt, Ext. 28 • • re o~ ~ T t~~s ~ Y .i Y/~ArV1 DR ~,,P~, ~ `,.r '~ ,,,~ ~ r. ~c -- t-- -• __ __ - ~,~, ~_. _. .... a y~ 1 ...tom ~W 1~ For Council meeting of 9 Aug 2004 Report prepared by: Report prepared: 12 July 2004 2 Gerald Smelt, Ext. 28 .~ • • AMENDMENT #LUZ2004-03003 -Future Land Use Map • From: RU • To: Recreation, Open Space (R/OS) • Size: 36.6 acres • Location: 2950 Glen Oak Avenue • Existing Use: Vacant; formerly a mobile home park • Proposed Use: Open space associated with the Kapok Wetland Restoration • Adjacent Designations: • North: Preservation (P), Residential Medium and Residential Low (RL) • South: P and R/OS • East: RL • West: R/OS and Residential Medium • Adjacent Uses: • North: Single- and multi-family residential South: Eddie C. Moore Recreation Complex • East: Single-family residential • West: Cliff Stephens Park and multi-family residential • Regionally Significant: Yes, based on the fact that the proposed amendment represents an opportunity to both protect an environmentally sensitive water body (Alligator Creek) and provide additional recreation and open space within a highly urbanized setting. • Result in extra-jurisdictional impacts?: No, based on the fact that the proposed amendment does not-raise any extra jurisdictional issues. • Impact regional facilities/resources?: No, based on the fact the proposed amendment does not impact identified regionally significant resources or facilities. • Regional Comments: None. Applicable SRPP Policies: Natural Resources: 4.5.13, 4.10.2, 4.10.3, 4.1.2, 4.11.10, 4.16.1, and 4.16.4. • Consistency with SRPP: Consistent. For Council meeting of 9 Aug 2004 Report prepared by: Report prepared: 12 July 2004 3 Gerald Smelt, Ext. 28 L ~I ~! ~~ b.~I ~ ~ C 1 ~ - I .~- •r _ ;' ri ~ Vii. - .III++ Y~%/ Z `r^; `3 h.n~ ~ a, 1 ~ i 'i r / .t-, 1. .a, 'bar ~- - :,: r, w+ ~ , - n ' a / rL rte. :"`~' \r cf ~ - ~- - -..PARK ~' ' 11 l V V V I !!~~ ~, ~~Fi77'J~ ~y1 '~. ^, ~ f ~ ~! +1 ^~`S""J •..'a ~s ~`' '4' s~ ~°'°.{~. _n"` a, ~i ~,- ' L~{1J,1j,,JJ gib/~~s.~~ t r ~'a _I ~ y ~ ~ ~.-„_~--~-~`-~~-7~-~-ry-~' "yY/ ~,i J~ S '-~ ~..; °J ~.~`~ \~' a3! III r t + .~ ~7~ =.. _~ C 1 fi i~ ~ sir' ~ ^ In . '" r' r :'r Jai l_J ~~1~ -~`~ , _ 'r ~kdll7 r- \ rr~~~'1 y-i ri.' ~J'i i~ j y`jr;' i'1 r. r. - ~-t r•. ~ -.r-' ; _~ 3ar l1.':.tiJd,•iaJ . i Cl..rl!i: t: ti j r f~ at! r_ JI ~;,-• r:': ~ jj rr -~Ai-i~ rj r_r-•.~ - f~= - •`I~ rte. rn. . , J "^'~+f WJJ lJ1AA,.9 ^.~• i '~ -Y`i : ' ~~ ~`? r -I - - - ~ _ _ 4.w •4= I:LJv afar '- ; 1~ (( I .rte, ~ l~~ ~ l i = ~~ _~S ?_ ,~' 'ti„J ~: ~' f~! ~~7 ` V' - '~~ ~~e~r~ ~~ ~ ~~ For Council meeting of 9 Aug 2004 Report prepared by: Report prepared: 12 July 2004 4 Gerald Smelt, Ext. 28 • • AMENDMENT #CPA2004-04001- Future Land Use Element General Description: In 2001, the City amended its Comprehensive Plan to reflect the provisions of Beach by Design: A Preliminary Design for Clearwater Beach. One of the incentives included was the establishment of a pool of 600 additional hotel rooms to be available for use in three designated areas of Clearwater Beach. One of the sites, the 6.2 acre Yacht Basin, is presently being developed for atownhouse/condominium. As a result, the City proposes to identify a new 4.6 acre site located between Mandalay Avenue and the Gulf of Mexico to replace the Yacht Basin site. This transfer would be accomplish by an amendment to Policy 2.1.4 of the Future Land Use Element. According to the City, the new site "is well suited for the density pool due to its proximity to the dry sand beach, its location adjacent to an area already available for the pool, assembly opportunities, and serious developer interest." . • Regionally Significant: Yes, based on the fact that Clearwater Beach is located entirely within the Coastal High Hazard Area and the amendment continues to support .redevelopment activities within an area recognized as important to the region's tourism industry. • Result in extra-jurisdictional impacts?: No, since. all immediate impacts would be confined to the city of Clearwater. • Impact regional facilities/resources?: Yes, based on the mitigation of any potential development impacts on SR 60 which serves as the evacuation route from Clearwater Beach. • Regional Comments: None. • Applicable SRPP Policies: Economic Development: 2.3.1 Emergency Preparedness: 3.2.3 • Consistency with SRPP: Consistent. For Council meeting of 9 Aug 2004 Report prepared: 12 July 2004 5 Report prepared by: Gerald Smelt, Ext. 28 Area proposed to be eligible for Resort Pool. Area eligit~}e for Resort Pcsol. (No change proposed) W S O Zr' 'I w I ~ j y ~~ T 4.t sx-t']7' ~ ~ } R '~ ~ D ~E~ ~~ T *Z I }~~K+ a Q ~+ 2 a Area eligible for Resort Pool tv be eliminated. -°-~wr ~~a~pr~~t~~~~~~ P~`cxet ~~~~~~ ~r For Council meeting of 9 Aug 2004 Report prepared by: Report prepared: 12 July 2004 6 Gerald Smelt, Ext. 28 ~_ • ~~ =v .IF.B BUSH CO~'FRNOR July 23, 2004 Florida Department o f Transportation 1 1201 N. McKinley Drive • Tampo, FL 33612-6456 • Phone (813) 975-6000 • 1-800-226-7220 Mr. Charles Gauthier, AICP Chief, Bureau of Comprehensive Planning Division of Community Planning Florida Department of Community Affairs .1 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ~~~ RE: City of Clearwater Proposed Comprehensive Plan Amendment 44-2 Dear Mr. Gauthier: JOSE ABRF,U SFCRFT.aRY The Department has reviewed the proposed Clearwater comprehensive plan Amendment 04-2 in accordance with the provisions of Chapter 163, Florida Statutes; Chapter 9J-5, Florida Administrative Code, and the Department's Review Guidelines for Local Government Comprehensive Plans. We do not object to any ofthe proposed changes (including LUZ2004-03002; LUZ2004-03003; and LUZ2004-04001) and we do not anticipate that they will adversely impact the Florida Intrastate Highway System and/or 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 `512=7801, or (813) 975-6444. Sincerely, ~e ter. ~~ Carol M. Collins LGCP and CMS Coordinator cc: Bob Romig, Director of Policy Planning, FDOT Cynthia Tarapani, AICP, Director of Planning, City of Clearwater www.dot.state.fl.us ®RECYCLED PAPFP ~r ~~. ~~4ROiEQ~GN_ .~ ~ --- Jeb Bush Governor ®e~~~~e~~ o~ ~~~o~®~~rn~~~~~ f~~®~ec~u®a~ Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 August 9, 2004 Mr. D. Ray Eubanks Colleen M. Castille Secretary ~~~~J`~ Plan Review and DRI Processing Team Florida Department of Community Affairs 2555 Shumazd Oak Boulevazd Tallahassee, Florida 32399-2100 RE: Clearwater 04-2, Proposed Comprehensive Plan Amendment Dear Mr. Eubanks: The Office of Intergovernmental Programs has reviewed the proposed amendment under the procedures of Chapter 163, Florida Statutes, and Chapters 9J-5 and 91-11, Florida Administrative Code, and we do not have any comments based on the information provided. Thank you for the opportunity to comment on this proposal. If I may be of further assistance, please call me at (850) 245-2169. Sincerely, ,SErD Sarah E. Daugherty Environmental Specialist Office of Intergovernmental Programs /sed "More Protection, Less Process" F,ST p • ~~ ~.o Southwest Florida ~~,~ ; ~ mater Management District ~'^'~Ef,,~s ~ , An Equal Bartow Service Office Lecanto Service Office pEmortunrty 170 Century Boulevard 3600 West Sovereign Path F°~ Bartow, Florida 33830-7700 Suite 226 (863) 5341448 or Lecanto, Florida 34461-8070 1-800-492.7862 (FL only) (352) 527-8131 SUNCOM 572-6200 SUNCOM 667-3271 Watson L. Haynes 11 Chair, Pinellas Heidi B. McCree Vice Chair, Hillsborough Judith C. Whitehead Secretary, Hernando Talmadge G. "Jerry" Rice Treasurer, Pasco Edward W. Chance Manatee Thomas G. Dabney Sarasota Maggie N. Dominguez Hillsborough Ronnie E. Dunean Pinellas Ronald C. Johnson Polk Janet D. Kovach Hillsborough Patsy C. Symons Desoto David L. Moore Executive Director Gene A. Heath Assistant Executive Director William S. Bilenky General Counsel August 4, 2004 nI J 2379 Broad Street, Brooksville, Florida 346046899 (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 Tampa Service Office 6750 Fruitville Road 7601 Highway 301 North Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 (941) 377.3722 or (813) 985-7481 or 1-800-320-3503 (FL only) 1.800-836-0797 (FL only) SUNCOM 531-6900 - SUNCOM 578-2070 - - - - 1 - - D. Ray Eubanks Bureau of State Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Subject: Clearwater Proposed Comprehensive Plan Amendment DCA Reference # 04-2 Dear Mr. Eubanks: In accordance with section 163.3184, Florida Statutes, the staff of the Southwest Florida Water Management District-has reviewed the above- referenced plan amendment and has no comments 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. Since ~~~~ M. Mickel .r 2 1,i~ ~~ m FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF HISTORICAL RESOURCES 004 ,'' ~( °'~ 1 ~ t . July 28, 2 ~ I , , , _,~,, Mr. Ray Eubanks Department of Community Affairs (~ ~r~~r;=m-..._..,.____ mF Bureau of State Planning ~ ~ f ~ I __ ___ ?? ~;~.i ;= s C~__ 8S~ r - S~.TlGlc,P;: 2555 Shumard Oak Boulevard -' ~ `~-- Tallahassee, Florida 32399-2100 Re: Historic Preservation Review of the Clearwater (04-2) Comprehensive Plan Amendment Request 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 determine if data regarding historic resources have been given sufficient consideration in the request to amend the Clearwater Comprehensive Plan. We reviewed two proposed amendments to the Future Land Use Map, in addition to a text amendment, 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 the City of Clearwater. For the Kapok Wetland Restoration Plan Amendment, LUZ2004-03003, there are three recorded archaeological sites adjacent to this parcel; thereby making this location a high probability area for encountering additional archaeological resources. The most effective way to guarantee that such sites are not adversely affected is for the city to sponsor or require historic resource surveys so that it can ensure its archaeological resources and historic structures more than 50 years old will be considered when substantive changes in land use are proposed. 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, C~'. ~atPic~~ ~~ ~ - Frederick Gaske, Director 500 S. Bronough Street Tallahassee, FL 32399-0250 http://www.flheritage.com O Director's Office O Archaeological Research O 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 . • Mr. Thaddeus Cohen, Secretary Department of Community Affairs State of Florida 2555 Shumand Oak Boulevard Tallahasse, Florida 32399-2100 Dear Secretary Cohen, I am writing in reference to a City of Clearwater, Department of Public Works project entitled KAPOK WETLANDS AND FLOODPLAIN RESTORATION PROJECT (Clearwater LUZ 2004-03003) which is currently being reviewed by the Departmentof Community Affairs for approval of the revisions made to the original Project Plan. This letter is to inform you that the residents of my community have expressed deep concerns regarding the adverse affect the addition of an unsecured and unmonitored Parking Lot in the Northeast corner of this project site will have on our densely populated residential tract. This project replaces a Mobile Home Trailer Park that never should have been built on this 37 acre site in the first place. In the original plan, there was no provision for a Parking Lot, and the Northeast corner was not the primary public entry for the park. The parking facility was added to comply with the requirements of Grant received by the City of Clearwater. Its location in the northeast corner is the easiest way to provide this access. While we do not object to a Parking Lot as part of this project, its location is the matter of serious concern to us. We believe that it was placed in this location primarily because it would not create any traffic problems for City of Clearwater residents. Traffic would be routed through Pinellas County streets. The Site Plan, as currently drawn, will require visitors to this park to travel more than one half mile through the narrow streets of our densely populated community. Our streets were never designed to support this type of traffic, and there are currently no sidewalk access for the residents. The lack of sidewalks has not been a problem in the past because there a is minimal traffic flow. There is no park in the City of Clearwater, or throughout Pinellas County that requires the public to drive one half mile into the heart of a residential community for access. Additional traffic, especially outside drivers traveling to a recreational activity, pose an increased danger to our most vulnerable community residents - the young and the elderly. The children of this community utilize these streets for recreational activities - to roller skate, ride their bikes, skateboard and play ball. They are currently safe, and within the eyesight and hearing of their parents. • • Our community is also the home of many Senior Citizens whose physical agility and varied handicaps make them suseptible to injury as they try to dodge the additional traffic. We are also concerned about illegal activity in this parking lot by drug dealers and other criminals who will use this unsecured and unmonitored lot, open 24/7, as a new haven for their illegal transactions. This availability will not only draw park visitors during the daylight hours, but also a criminal element after dark that will create serious safety and security concerns for many of our residents. We have expressed these concerns to the City of Clearwater, and their responses have demonstrated an insensitive disregard for the safety of our residential community. In a letter addressed to the City Council dated 6/5/04, a member of our community expressed our concerns. This letter was discussed at the Council Work Session on 6/15/04. That session was televised locally, and representatives of the Planning Department and the Engineering Department provided inappropriate and somewhat inane responses to the matters outlined by the community. The letter expressed concerns about additional traffic and the lack of sidewalks and the narrow streets. The Planning Department responded that this was not a matter of concern for the City Council because the individuals involved were not residents of the City of Clearwater. She insisted that this concern should be addressed by Pinellas County, and not the City. I guess she missed the point that the City of Clearwater was planning to invade our neighborhood, not Pinellas County. The letter expressed concerns about addition of the unmonitored Parking Lot, and the City Engineer responded that this should not be a concern because the lot would be unpaved. Gee, doesn't that make us feel a whole lot safer. The letter proposed two alternative sites for the Parking Lot, and the response was that both sites were too far a walk from the heart of the Park. Both sites we proposed are in non-residential areas and adequate parking currently exist at both sites. One on the southern edge of the project, the other in the northwest corner of the project. How the distance became a factor is beyond me. This is, after all, a "walk through experience" with trails and paved pathways. The letter also addressed the lack of information that has been forthcoming from the City of Clearwater regarding this project, and the response from the City Manager was that there were several newspaper articles which he believes is sufficient. The fact that the newspaper articles did not include specifics seems to evade this high paid City Official. Not to mention the obligation the City has to keep "affected residents" informed. (Affected residents does not mean City residents • • ONLY.) There are 133 homeowners in our community. In a petition to remove this Parking Lot as currently planned, we were able to obtain 118 signatures from individual homeowners. Those who were not available to sign the petition (15) are non-resident owners. We presented this petition to the City Council on June 17, 2009, and it should now be a part of the Official Record. At the City Council meeting, 10 members of our community spoke against the Parking Lot. We again expressed our concerns and the responses from the City Staff were basically the same, and just as ridiculous. The City Planning Department stated, "... this project went unchallenged at the Community Development Board, who approved the plan unanimously." While this may be technically correct, it is a little misleading. At the outset of the May 18, 2004 Community Development Board, the chairman indicated that this project would be moved to the Consent Agenda, and the matter was never brought up for discussion. When he had asked at that time whether there was anyone who was planning to speak on it, two residents of our community raised their hands, but the matter was still moved to the Consent Agenda. At the City Council Meeting, one of our speakers addressed the fact that the construction vehicles would utilize our streets as a means of ingress and egress during the 12 month construction period. Once again the Council was given bad information. The City Engineer told the Council that the vehicles would enter once, and remain on site during the entire construction project. He backtracked at bit in St. Petersburg Times article on 7/5/05, where he is quoted as saying, "If the construction vehicles tear up the street, they will have to repair them..." What happened to keeping the vehicles on site? The City Engineer also stated at the City Council Meeting that he has considered the alternative suggestions for the Parking Lot and determined that if the lot had to be built at the Northwest (alternate site 1)corner of the site, "...I would have to build 1200 feet of roadway to accommodate the lot." I guess the lives and safety of Pinellas County residents are worth less than 1200 feet of roadway. What is more frightening about this project is that the decision making process is limited to a very few people. The City Planning Department and Engineering Department are not required to get an approval of the Site Plan because there are no buildings included as part of this project, and the total cost of the project doesn't require an additional approval process. Those City employees who have adamantly refused to work with this community and have consistently provided misleading information will have the final approval of the Site Plan and where the parking lot will be located. • • Parry, Mark From: Clayton, Gina Sent: Tuesday, November 02, 2004 3:18 PM To: Parry, Mark Subject: RE: 2025 N. Highland thanks -perhaps you should put this a-mail in the case file and large scale file. -----Original Message----- From: Parry, Mark Sent: Tuesday, November 02, 2004 3:15 PM To: Clayton, Gina Subject: 2025 N. Highland Just spoke with Debi with DCA -fax and letter just crossed -she's good with the fax and it's all getting processed as we type. Should be done by November 15th. Mark T. Parry Planner III City of Clearwater Planning Department 727.562.4558 mark.parry@myclearwater.com City Council Agenda Date: 10/07/2004 6:00 PM Location: Council Chambers City Hall Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. Call to Order 2 Invocation 3 Pledge of Allegiance 4 Introductions and Awards: 5 Presentations: 5.1 End of Session Report -Senator Fasano 5.2 Dorothy Mullens Arts and Humanitarian Award 5.3 Proclamation -Put the Brakes on Fatalities Day -Oct 10, 2004 5.4 Proclamation -Public Natural Gas Week -Oct 3-9, 2004 6 Approval of Minutes 6.1 City Council -Sept 16, 2004 7 Citizens to be Heard re Items Not on the Agenda Public Hearings -Not before 6:00 PM 8 Administrative public hearings - None Council Agenda 10-07-2004 Page 1 of 6 9 Quasi-judicial public hearings - None ~(r1 10 Second Readings -public hearing 10.1 Adopt Ordinance No. 7326-04 on. econd reading, annexing certain real property whose post office address~is 2334 Anna Avenue, into the corporate limits of the City and redefining the boundary~lines of the City to include said addition. 10.2 Adopt Ordinance No. 7327-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain real property whose post office address is 2334 Anna Avenue, upon annexation into the City of Clearwater, as residential law. ~ 10.3 Adopt Ordinance No. 7328-04 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office Address is 2334 Anna Avenue, upon annexation into the City of Clearwater as Lo~M,~e/d~ iu /m Density Residential 10.4 Adopt Ordinance No: 7329-04 on second reading~annexin certain real roe whose 9 P P rtY post office address is 3108 Downing Street, into the corporate limits of the City, and redefining the boundary lines of the City to include said addition. 10.5 Adopt Ordinance No. 7330-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to designate the land use for certain real property whose post office address is 3108 Downing Street, upon annexation into the City of Clearwater, as Residential/Office Limited and Residential Urban. 10.6 Adopt Ordinance No. 7331-04 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office address is 3108 Downing Street, upon annexation into the City of Clearwater as Office (O) and Low Medium Density Residential (LMDR). 10.7 Adopt Ordinance No. 7332-04 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to_change the land use designation for certain real property whose post office address is 2995 Drew Street, from residential urban to residential/office/retail _ 10.8 Adopt Ordinance No. 7333-04 on second reading, amending the zoning atlas of the City by rezoning certain property whose post office address is 2995 Drew Street, from Low Medium Density Residential (LML~R) to Commercial (C). 10.9 Adopt Ordinance No. 7334-04 on second reading amending the zoning atlas of the City by rezoning certain property whose post office address is 2995 Drew Street, from Low Medium Density Residential (LMDR) to Medium Density Residential (MDR). 10.10 Adopt Ordinance No. 7341-04 on second reading, vacating all street Right of Ways and easements located within the Northeast One-Quarter of the Northeast One-Quarter of Section 17, Township 29 South, Range 16 East, less the Northerly 50 feet thereof, (Drew Street) and the Easterly 33 feet thereof, (Bayview Avenue). 10.11 Adopt Ordinance No. 7342-04 on second reading, vacating the 15-foot alley lying along the East property lines of Lots 4 through 7, inclusive, Block 2, Wallace Addition to Clearwater. Council Agenda 10-07-2004 - ~ Pana ~ of ~ 10.12 E8 D Adopt Ordinance No. 7294-04 on second reading, making amendments to Beach By Design, by amending Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation by extending the timeframe the pool of 600 additional hotel rooms is available from 5 years to 10 years; by revising the characteristics which make a project eligible for additional hotel units; and by revising the land areas eligible for the pool of additional hotel rooms. 10.13 ~ Adopt Ordinance No. 7295-04 on second reading, amending the future land use ~ element of the Comprehensive Plan of the City of Clearwater by revising Policy 2.1.4 of J~ the future land use plan element with regard to the areas eligible for the density pool of ~ additional hotel roooms established in Beach By Design. r 10.14 ~ ~ ADOPT Ordinance No. 7300-04 on second reading, amending the future land use plan l t f th C ,~ ^, ' e emen o e omprehensive Plan of the City, to designate the land use for certain a ~I.IJU (~ 1 real property whose post office address is 2025 North Highland Avenue upon ~ annexation into the City of Clearwater, as Residential High. 10.15 ADOPT Ordinance No. 7301-04 on second reading, amending the zoning atlas by zoning certain real property whose post office address is 2025 North Highland Avenue, upon annexation into the City of Clearwater, as Medium High Density Residential (MHDR). 10.16 Adopt Ordinance No. 7302-04 on second reading, amending the future land use plan ~/n n ' element of the Comprehensive Plan of the City, to change the land use designation for certain real property whose post office address is 2950 Glen Oak Avenue, from i~ Residential Urban (RU) to Recreation/Open Space (R/OS). 10.17 Ado:;pt Ordinance No. 7303-04 on second reading, amending the zoning atlas of the City by rezoning certain property whose post office address is 2950 Glen Oak Avenue, from Mobile Home Park (MHP) to Open Space/Recreation (OS/R) 10.18 Adopt Ordinance No. 7335-04 on second reading amending the operating budget for the fiscal year ending September 30, 2004. 10.19 Adopt Ordinance No. 7336-04 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2004, to reflect a net decrease of $72,705. City Manager Reports 11 Consent Agenda 11.1 Award a contract in the amount of $499,923.00 to Pierce Manufacturing, Inc. of Appleton, Wisconsin for the purchase of one 2005 Pierce Custom Heavy Rescue (Squad) unit in accordance with Lake County Contract Bid No. 99-150, authorize the appropriate officials to execute same and authorize-lease purchase financing. 11.2 Appoint Robert Going to the remainder of the two-year term as a Trustee of the Clearwater Firefighters Supplemental Trust Fund, vacated by Rowland E. Herald, in accordance with Sec. 175.061 of the Florida State Statutes. 11.3. Approve month-to-month lease with Arnold-Brown Properties, 121 N. Osceola Ave., Clearwater, FL for 72 parking spaces at 121 N. Osceola Ave. commencing October 1, 2004 to be used for Main Library parking and authorize the appropriate officials to execute same. Council Agenda 10-07-2004 Page 3 of 6 11.4 Approve an agreement with Decade Properties, Inc. d/b/a Clearwater Bay Marina from December 1, 2004 to November 30, 2005, a one (1) year period, for the collection of daily launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected and authorize the appropriate officials to execute same. 1 1.5 Approve athree-year Partnership and Operational Support Agreement from October 1, 2004 -September 30, 2007, between the City of Clearwater and The Bethany Education and Human Services Program, Inc., for the use and supervision of the Holt Avenue Center located at 1250 Holt Avenue and authorize the appropriate officials to execute same. 11.6 Approve afive-year Partnership and Operational Support Agreement from October 1, 2004 -September 30, 2009, with five, five-year renewable options, between the City of Clearwater and The Upper Pinellas Association for Retarded Citizens, Inc., for the use of certain portions of The Long Center to provide management, maintenance and programming for citizens with moderate to severe developmental disabilities. 11.7 Approve a Work Order for the permitting, design, construction services and testing of an Aquifer Storage and Recovery (ASR) exploratory well to Post, Buckley, Schuh & Jernigan (EOR) of Tampa, FL in the amount of $56,413.00 (of which a total of $28,206.50 will be reimbursed), and approve a Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) and authorize the appropriate officials to execute same. 11.8 Approve a Joint Project Agreement (JPA) with Florida Department of Transportation (FDOT) for the installation of an offset in a 12-inch diameter City owned water main, the replacement of a segment of gravity sanitary main, and the relocation of service meters as part of the State Road 60 Plan set (City Project 04-0047-UT), in the amount of $50,000.00 based on an engineer's estimate of the construction costs and authorize the appropriate officials to execute same. 11.9 Approve a Joint Project Agreement (JPA) with Pinellas County for the installation of two offsets in a City owned water main and the replacement of the service line piping associated with the relocation of water services/meters in conjunction with Pinellas County plans for "McMullen Booth Road at SR 590, Intersection Improvement", in the amount of $30,063.30 based on an engineer's estimate of the construction costs, and authorize the appropriate officials to execute same. 11.10 Approve a Supplemental Agreement with HDR Engineering, Inc. in an amount not to exceed $115,000 for additional post-design services related to construction of the Memorial Causeway Bridge and authorize the appropriate officials to execute same. 11.11 Approve the Grant Agreement with the United States Environmental Protection Agency (EPA) which provides reimbursement of project costs up to $1,306,700.00, and award a contract to Danella Companies of Pompano Beach, Florida, for the Seville & Sunset Drive Reclaimed Water System (02-0103-UT) construction contract in the amount of $1,951,550.70, which is the lowest responsible bid received in accordance with plans and specifications, and that the appropriate officials be authorized to execute same. 11.12 Reappoint Doug Williams to the Municipal Code Enforcement Board, in the business person category, with a term expiring on October 31, 2007. 11.13 Appoint Helen Kerwin to the Beautification Committee with the term expiring on October 31, 2008. Council Agenda 10-07-2004 o~nc d of R 11.14 Appoint Josephine Carbone to the Neighborhood and Affordable Housing Advisory Board(NAHAB) in the East Clearwater resident category to complete a term to April 30, 2005. Purchasing 11.15 Sulfer dioxide in 1-ton cylinders during the contract period: October 8, 2004 through October 31, 2007. 11.16 Chlorine in 1-ton cylinders during the contract period: October 8, 2004 through October 31, 2007. 11.17 Aluminum sulfate, iron free, liquid during the contract period: October 8, 2004 through October 31, 2007. 11.18 Third party fees for old Workers' Compensation claims during the period: October 1, 2004 through September 30, 2005. ' 12 Other items on City Manager Reports 12.1 Approve Parks and Recreation Board recommendation naming City properly located at 3035 Gulf to Bay Blvd., "Bayview Park". 12.2 Adopt Resolution 04 - 32 Authorizing the Mayor to execute the Disaster Relief Funding Agreement with the State of Florida Department of Community Affairs and designating City Manager William B. Horne II as the City's Primary Agent and Emergency Manager William Vola as it's Alternate Agent for the purpose of executing advanced reimbursement, certification, or other necessary documentation for disaster relief funding. 12.3 Continue the appointment of one member of the Muncipal Code Enforcement Board in order to solicit additional applications. 12.4 Authorize the negotiation of a contract for health insurance with Cigna Healthcare under a fully insured funding arrangement for the contract period of January 1, 2005, to December 31, 2005, at a total not to exceed cost of $14,500,000 which includes estimated City ($10,325,000), employee ($3,015,000), and retiree/COBRA/Out-of--Area ($1,160,000) premiums, and continue with the 2nd year of a 3 year contract with Bradman/Unipsych for the mental health/substance abuse and EAP coverage contract for 2005 at an estimated cost of $194,000 ($172,000 for current employees and $22,000 for retirees and COBRA), maintaining the City's current funding strategy. 12.5 IAFF Union negotiations update. 13 City Attorney Reports 13.1 Adopt Resolution 04-33, confirming a declaration of a State of Emergency; establishing emergency procurement procedures, and establishing emergency employee work schedules beginning September 25 at 12:30 p.m. and ending on September 26 at 7:00 p.m due to conditions surrounding Hurricane Jeanne. 14 City Manager Verbal Reports 14.1 Creative Cities conference report Council Agenda 10-07-2004 Page 5 of 6 15 Council Discussion Items 15.1 Community Development Board 16 Other Council Action 17 Adjourn K~k- ~~ ~~ Council Agenda 10-07-2004 Page 6 of 6 ~'' .~ ~;~'.:'J r; ~:: - r STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor Ms. Gina Clayton Long Range Planning Manager Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 THADDEUS 1.. COHEN, AIA Secretary October 25, 2004 '~.~' ~ NOV 0 ~ 2004 NNING DEPAR. T ~' _ 1TY OF CL~AL2N/ Dear Ms. Clayton: We have received the City of Clearwater adopted plan amendment. The adopted amendment package, received by the Department, is incomplete because it does not include all of the information required in Section 163.3184, F.S. and Rule 9J-11.011, F.AC. Your submittal package for the adopted amendments does not include: Three copies of the Future Land Use Map reflecting the changes made when adopted for FLUM Amendment LUZ2004-03002 (Ordinance No. 7300-04) pursuant to Rule 9J-11.011(5), F.A.C.; Also please be advised that the Florida Legislature amended Section 163.3184(8)(b), Florida Statutes, requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who fiumish 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 Qovermnents are required by the law to furnish to the Devartrtrent 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. The adopted amendment package did rat contain the required information and therefore the Department is requesting that the names and addresses be provided in order to provide the courtesy information statement to those interested citizens. The adopted amendment, received on October 21, 2004 will not be processed until the required information is received, as required by section 163.3187, F.S. If we may be of further assistance, please contact myself or Debi Johnson, Plan Processor at (850) 922-1769. Sincerely, DRE/dj cc: Manuel Pumariega, Executive Director, Tampa Bay RPC `~- P~ ~_ D. Ray Eubanks Plan Review and Processing Administrator 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:/hvww.dca.state.fl.us CRITICAL STATE CONCERN FlELD OFFlCE OOMMUNRY PLANNINQ EMERGENCY MANAGEMENT HOUSING d~ COMMUNITY DEVELOPMENT 1186 Overseas Niglnway, mite 212 2555 Shumatd Oak Bouevard 2555 Shumard Oak Boulera~d 2555 Shumaid Oak Boulevard Marathon, FL 330F~0-2227 Tallahassee, FL 32399-210 Tallahassee, FL 3239&2100 TaUahassea, FL 3239&2100 (305) 289-2401 (650) 488-2358 (850) 413.9889 (850) 486J956 ~z~~ sT,~e • - ~ ~,, 4¢~`~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor The Honorable Brian Aungst, Sr. Mayor, City of Clearwater Post Office Box 4748 Clearwater, FL 33758-4748 Dear Mayor Aungst: THADDEUS COHEN Secretary April 15, 2004 ~~~ !~ °~~ ~: ~ The Department has conducted a preliminary review of the City of Clearwater's proposed Comprehensive Plan Amendments received on March 9, 2004, DCA Reference No.04-1. The Department has determined that the proposed plan amendments 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 Tampa Bay Regional. Planning Council 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 local government may proceed to immediately adopt the amendment. After adoption, please submit three copies of the adopted amendment to the Department for our final compliance review, consistent with the requirements of Rule 9J-11.011, F.A.C. 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, govermnent'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 and/or 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: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: httD~//www dca.state.fi.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 Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-21C0 (305)289-2402 (850)488-2356 (850)413-9969 (850)488-7956 .~,i a w; - The Honorable Brian Aungst, Sr. April 15, 2004 Page Two 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 163.3184(9), F.S. This letter should be made available for public inspection. If you have any further questions, please contact Ms. Anoch P. Lanh at 850-922-1793. Sincerely yours, 1.~1 L'~~-.tom-C.. Charles Gauthier, AICP Chief, Office of Comprehensive Planning CG/apl cc: Manny Pumariega, Executive Director, Tampa Bay Regional Planning Council Cynthia Tarapani, Director, City of Clearwater Planning Department • • JEB BUSH GOVERNOR Florida Department o f Transportation 11201 N. McKinley Drive • Tampa, FL 33612-6456 • Phone (813) 975-6000 • 1-800-226-7220 JOSE ABREU SECRETARY COPY Apri17, 2004 Mr. Charles Gauthier, AICP Chief, Bureau of Comprehensive Planning Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: City of Clearwater Proposed Comprehensive Plan Amendment 04-1 Dear Mr. Gauthier: 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. The-City proposes to amend the future-land..use map to change..the land_use designation .._ on 24 acres (LUZ 2003-1011) from Residential Low Medium (12.7 ac.); Residential Urban (5.7 ac.); Water Drainage Feature (4 ac.); RetaiUOffice/Residential (1.6 ac.); and Commercial General (0.1 ac.), to Residential Medium (15 DU/ac.). The proposed change would allow approximately 100 more dwelling units than the current land use designations. These parcels, are located a few hundred feet west of US 19, which is a Florida Intrastate Highway- System Facility (FIRS), part of the Strategic Intermodal System (SIS), and a hurricane evacuation route. Currently, US 19 is not meeting the adopted level of service standard in this area. Construction is anticipated to start in 2007 on a US 19 overpass at Sunset Point Road. Other improvements to US 19 are under construction. Two of the subject parcels are being annexed into the City of Clearwater from Pinellas County. The County's Comprehensive Plan (and Concurrency Test Statement) designates US 19 from Klosterman to Whitney as a Long Term Concurrency Management Corridor, and includes policies to protect US 19. We believe that the City needs to demonstrate that adequate protection is provided for US 19 when annexing land ~ -~, ~-,.-- .. ~, T ..1 --3 ~. - ~ ~ ~E ~~~ ~ i~ (~~.nl~ .. ~.: ; www.dot.state.fl.us ~ RECYCLED PAPER ~u Mr. Charles Gauthier Apri17, 2004 "~~. ,r~~- ~ ,.,.~, Pa e Two ~`~~ '' ~°~~~, g .- s~ ~~ , ~1~ near US 19 and proposing to change the land use designation to allow additional development. The City also needs to consider the existing and planned level of service on roads affected by a proposed development when considering an amendment to the land use map, as stated in one of the Objectives in the Clearwater comprehensive plan. The City's supporting data and analysis has not addressed these issues for US 19. 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, 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 • • ® ~ /4~1~i~ .~~~ ~ ~~ Tampa 8ay,7Zegfonal PfannfngCouncil Cyair ice-C~jair Secretarv~/TYeasurer Facecutive Director Commissioner Steve Simon Commissioner Jane von Hahmarrn Robert Kersteen Manrty~ Pumariega 2 Apri12004 Ms. Gina Clayton Long Range Planning Manager City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33758-4748 Dear Gina: Enclosed is a copy of the Council's review of the City of Clearwater's first proposed amendment of 2004. The report will be an agenda item for Council consideration at the Monday., 12 April, 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 ~ ~~ F~~ ~ rt _. t ~.. ,R. {-,i' ~ ~ ~i-k''; ` -~ ~ N W~=~ ._ . q. o 0 o Gatewav~ Centre Boulevard, Suite i o o• Pine~~as Par, FL 3 3 78 2 P~jone: 727-570-5 r 5 z • Fax: 727-570-5 z z 8 • State Number: 5 I 3-5 oG6 wwwtbrpc.org • V i r.,., ;-~ ,,~ ^4 ~n ti q g vim, iA ~ i 5, ~s q~ ,~.«i~ s~ < ..: --s .~ m ~ ~ 1ka~v h ~~ ==_.. ~y= ~ MAR ~ ~ ~~~4 1 '' P~ T M ? .~ •. .. Cif J/-it L. C~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH COLLEEN CASTILLE Governor Secretary March 15, 2004 Ms. Cynthia Tarapani, Director Clearwater Development and Neighborhood Services Department Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Ms. Tarapani: Thank you for submitting the proposed amendments to your comprehensive plan. Our reference number for this amendment package is Clearwater 04-1. 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 will evaluate the proposed amendments and mail you a notification on April 16, 2004, 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: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: htt-p://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highvray, 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 323932100 (3051289-2402 (8501488-2356 (8501413-9969 (8501488-7956 ~i ~~ Ms. Cynthia Tarapani March 15, 2004 Page Two u/r fi! `+iL~' 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, Administrator Plan Review and Processing DRE/af LONG RANGE PLANNING DEVELOPMENT REVIEW October 14, 2003 CITY OF CLEARWATER 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 COPY o~ RE: Transmittal of Adopted Comprehensive Plan Amendments for the City of Clearwater (04- 02) Dear Mr. Eubanks: Please fmd attached three copies of the adopted amendments to the City of Clearwater Comprehensive Plan (04-02), which constitute the City's second plan amendment for the calendar year of 2004. 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~(aL The following plan amendments, constituting submittal package 04-02, were adopted by the City of Clearwater at the October 7, 2004 City Council meeting by the identified ordinance numbers: LUZ2004-03002 2025 North Highland Avenue Plan Amendment (Ordinance Number 7300-04) LUZ2004-03003 2950 Glen Oak Avenue Plan Amendment (Ordinance Number 7302-04) CPA2004-04001 Plan Amendment to the Future Land Use Element of the Clearwater Comprehensive Plan (Ordinance Number 7295-04) 9J-11.O11L5 (a)3: Copies of this conespondence, 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 14, 2003. BRIAN J. AUNGST, MAYOR-COMMISSIONER HOPI' HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER BILL JONSON, COMMISSIONER ~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER~~ October 14, 2003 Ray Eubanks-Page 2 9J-11.011(5~(aL 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. c9J;,.11.,01„1(5)(x)5: .... Two (2) Future Land Use Map amendments and one (1) Plan Ainenc~memt toYthe Future Land Use Element of the Clearwater Comprehensive Plan are being adop~ed as},parE o ~~ii's submittal package. The following is a summary of the package: e° -The amendments included in this package were adopted by the City of Clearwater on .-••Oetolier 7; 2004 without any revision or change from the proposed amendment package sent to the Department on June 29, 2004. e All findings of the City of Clearwater related to this amendment package are included in the adoption for each of the three amendments. o All of the proposed amendments included in Submittal Package 04-02 were adopted by the City of Clearwater. 9J-11.0011(5)(a~ Gina Clayton Long Range Planning Manager P.O. Box 4748 Clearwater, FL 33758-4748 Telephone: 727-5 62-45 87 Fax: 727-562-4865 gina.clayton@myclearwater.com If you need further assistance, please contact Gina Clayton. Thank you for your courtesy in this matter. Sincerely ~ ~~C., Cynthia Tarapani, AICP Director of Planning City of Clearwater Enclosures S: (Planning DepartmentlDCA1LARGE SCALEAMENDMENTS12004 Su6missions102 Amendment12004 1st Large Scale ADOPTED DCA transmittal Ietterl0-14-03.doc 1~ October 14, 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 three (3) Comprehensive Plan Amendments constituting the City of Clearwater's second amendments for 2004. 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 two (2) adopted Future Land Use Map Amendments and one (1) Plan Amendment to the Future Land Use Element of the Clearwater Comprehensive Plan 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 N0.7300-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF.NORTH HIGHLAND AVENUE, APPROXIMATELY 1,300 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 21/06, 21/07, AND 21/08, IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2025 NORTH HIGHLAND AVENUE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL HIGH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Pro a Land Use Catecaory See legal description attached hereto. Residential High (LUZ200403002) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7299-04. PASSED ON FIRST READING PASSED ON SECOND AND FINAL October 7. 2004 READING AND ADOPTED Brian . Aungs Mayor " Appr ved as to form % Attest: ~ ~ ,Q"~htlllt,cc_.~~~~~ , C.e~,~ Leslie K.' Dougall- ide f~ Cynthia E. Goudeau -: - Assistant City Attomey~ City Clerk "~ Ordinance No. 7300-04 ~: FA~CE~. !.~ BEGIN ~T TrfE SGiT~1s~E~T CGh'1+~ER ~~` ~~' hic'3~; l~f~"F i~4 ~i~' Ts~~' 1~'~r?"3~}Y~~"r' 1,/~ ~?F SECTl~t1i ~. 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Future Land Use Map Owner Leonard Chetkin & Mary ~hetkin Case: LUZ2004-03002 Site: 2025 North Highland Avenue Property 4,4 Size Acres Land Use Zoning 02/29/15/00000/210/0600 PIN: From : RL A-E (County) 02129/15/00000/210/0700 02/29/15/00000/210/0800 To: RH MHDR Atlas Page: 252A Ordinance No. 7300-04 ~h ORDINANCE N0.7302-04 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 AT THE WESTERN TERMINUS OF GLEN OAK AVENUE, APPROXIMATELY 800 FEET NORTH OF DREW STREET AND 500 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF METES AND BOUNDS 41/02, IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2950 GLEN OAK AVENUE, FROM RESIDENTIAL URBAN (RU) TO RECREATION/OPEN SPACE (R/OS); 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 COUNC{L OF .THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Pro e See legal description attached hereto Land Use Catecrorv From: Residential Urban (RU) (LUZ2004-03003) To: Recreation/Open Space (R/OS) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes: The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED June 17, 2004 (lrtnhvr 7y ~nf}G Bri un Mayor pp ved as to for •-~ 7 Leslie K. Dougal -Si e Assistant City Attorn Attest: Q,D,cc_. D ~ ~- ~ ~ C~ ~r9~t Cynthia E. Goude~lu . City Clerk Qrdinarice ~No. 7302-04 -, ~ ~ i ~~ . IEX.HIBIT "A" LEGAL DESCRIPTION I Thatpart of the Northeast 1/4 ofthe Southeast 1/4 of Section 8, Township 29 South, Range 2 6 East, Pinellas County, Florida, lying South and East of the Tampa and Gulf Coast Railroad Right_of-way, Less the following described parcel: From the Northeast corner of the Southeast l /4 of said Section 8 run South 00° 14'20" West along the section line 363.0 feet for a Point ofBeginning; thence°continuea1ongthe section line 230.0 feet; thence North 89° 20'32" West 283.0 feet; thence North 27 1714 East 257.28 feet; thence South 89° 20'32" East 166 feet to the Point of Beginning, being further described as: That part of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East, lying South and East of the S.A.L. Railroad and further described as follows: Begin at the Northeast corner of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East, run thence South 00° 14'20" West along the section line 363.0 feet; thence North 89° 20'32" West 166.0 feet; thence South 27° 17' 14" West 257.28 feet; thence South 89° 20'32" East 283.0 feet to the section line; thence South 00° 14'20" West along the Section line 74I.70 feet; thence North 89° 35'58" West along the 40 acre line 1384.74 feet; thence North 00° 50'31" East 1048.83 feet to the Southerly right-of--way line of the S.A.L. Railroad; thence along a curf~e to the left along the Southerly right-of--way of said SA.L. Railroad, whose chord bears North 72° 44'22" East, chord 943.56 feet, azc 969.91 feet and radius 1196.28 feet to the East-West centerline of said Section 8; thence South 89° 33'16" East along the East-West centerline of said Section 8 473.80 feet to the Point of Beginning. ~ . Being more particularly described as follows: That part of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East, lying South and East of the S.A.L. Railroad and further described as follows: Begin at the Northeast comer of the Southeast 1 /4 of Section 8, Township 29 South, Range 16 East, run thence South 00° 13'48" West along the section line 362.97 feet; thence North 89° 20'08" West 166.09 feet; thence South 27° 17'20" West 257.33 feet; thence South 89° 20'22" East 283.06 feet to the section line; thence South 00° 14'21" West along the section line 741.67 feet; thence North 89° 35'58" West along the 40 acre line, 1385.87 feet; thence North 00° 54'25" East 1049.20 feet to the Southerly right-of--way line of the S.A.L. Raikoad; thence along a curve to the Left along the Southerly right-of--way of said S.A.L. Railroad, whose chord bears North 72° 46'01" East, chord 943.25 feet, arc 969.58 feet and radius 1196.28 feet to the East-West centerline of said Section 8; thence South 89° 34'14" East along the East-West centerline of said Section 8 473:90 feet to the Point of Beginning. Ipll -- / 1 I \~ I--- / ! Im ~ 1 O R / ~ ~ ~~ -/ N ' ~ s sc - w 1 ~ - ~ 1 1 I __ • ~!~, ri r•~ ` ~~\ ,;j' ' ~~1: j1 ~1 l) .i ~./ r ifi 1 V OV • ~~ it ~ .) ~ • .r ~ d ! 1 ~ ~. ! ` • / p ~4.-~11 r ~ .) ~ - / ,1 ~ V ~1 pis ~' ~: Ills ~l ~1~~ ® / r`- ~1 /~ 1-' 111'1 i n / ~~. :M ~~ ti 11 ~•r nn 1 m ~ (~ ;i ~ !!-~ ~ -~ ~ ~1.' 13-x^, ~?r i ~ i1 Ir1~~ ~"I l i ~/ 1 1 rl~^1 - ~ ~ / V ® 4Y L1 \. i 1 1 (.1 .1 II~LI y ~ ~~- : 1 1/~ ~~ 1 J IJ{J r.,. /3 N~•" `~ f~i .l-.rljh`.M1;i1 i ,';p. ! ' T ~~ ' ~ _ r/ y 1 nIro r 1-~ :~~ r `•/ yN-~ i~~i Ci: b 11 11..11 SSi~.~~/i: 4: L~ { ~I11. ~. 1 . - J•- J L ~}~~mm{~7 //~~~~}{~ Q~]~ °W ~ . ^.~• 41 -1~-Mi I-`J ~[~~ /~I~i ~~fy~ ~rf~1~.1 i~~i~ / J ~J ~l ~1- ~.[s+ y_iU~V i.i, r ~ ~ 1i -.' i1~~ 11~ ,.. I:I.i M ~oJ" 7 4+L+ - ~-~ P ' ~ , S -J~ n. ! r 51 S ,, w ~\ y ~, ; Future Land Use Map Owner: City of Clearwater Case: LUZ2004-03003 Site: 2950 Glen Oak Avenue Property Size(Acres): 36,6 Land Use Zoning 08/29/16/0000/410/0200 PIN: From : RU MHP To: R/OS OSR Atlas Page: 2826 Ordinance No. 7302-04 - L ORDINANCE NO. 7295-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CLEARWATER AS ADOPTED ON MAY 18, 2000 AND AMENDED ON JULY 12, 2001 BY REVISING POLICY 2.1.4 OF THE FUTURE LAND USE PLAN ELEMENT WITH REGARD TO THE AREAS ELIGIBLE FOR THE DENSITY POOL OF ADDITIONAL HOTEL ROOMS ESTABLISHED IN BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, THE ADOPTED SPECIAL AREA PLAN FOR CLEARWATER BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and .requires the City Commission of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall and redevelopment to the Beach is required for its future sustainability; and WHEREAS, the City of Clearwater invested significant time and resources in .studying Clearwater Beach and conducted numerous public meetings; and WHEREAS, the City Commission approved Ordinance Number 6689-01, which adopted a special area plan governing Clearwater Beach entitled Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines on February 15, 2001; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and Ordinance No. 7295-04 WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Clearwater Comprehensive Plan is hereby amended by revising Policy 2.1.4 as follows: 2.1.4 The use of the density pool of additional hotel rooms established in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines is permitted in the following areas: ,. ~1. The land located between Mandalay Avenue and the Gulf of Mexico between Rockaway Street and Papaya Street; and ~2.The land located south of the Pier 60 parking lot and north of the southerly lot lines of Lots 77 and 126 of the Lloyd-White-Skinner Subdivision between South Gulfview Boulevard and Coronado Drive. Section 2. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.187 or 163.3189, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall- id Assistant City Attorne ()rtnhar ~ ~ 2pp1~ Brian J. Aun t Mayor Attest: f ~ Cynthia E. Goude u City Clerk 2 Ordinance No. 7295-04 .~ s r •Mae.L~ STATE OF FLORIDA .DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida, a better place to call home" JEB BUSH THADDEUS L. COHEN, AlA Governor . Secretary November 12, 2004 The Honorable Brian Aungst Mayor, City of Cleatwater 100 South Myrtle Avenue Clearwater, Florida 33756 Dear Mayor Aungst: .-- ~ -, , r*~-'~-' ~" ~ _a~ i ~ .~: ~~~ tv~~ l ~ f!?~-`~ The Department has completed its review of the City of Clearwater Comprehensive Plan Amendment (DCA 04-2) adopted by Ordinance No. 7300-04, 7302-04 and 7295-04 on October 7, 2004. The Department has determined that the comprehensive plan amendment 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 15, 2004. 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 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 City of Clearwater Municipal Service Building, 100 South Myrtle Avenue, Clearwater, Florida 33756. 2555 SHUMARD OAK BOULEVARD- • TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.846,6 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 Ffighway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 330562227 Tallahassee; FL 32399-2700 Tallahassee, FL 32399-2100 Tallahassee, FL 323932100 (305)289-2402 (850)488-2356 (850)413-9969 (850)4887956 Mayor Aungst November 12, 2004 Page Two If this in compliance determination is challenged by an affected person, 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 parry to an administrative hearing. If you have any questions, please contact Debi Johnson, Plan Processor at (850)922-1769. Sincerely Yours, V Charles Gauthier, AICP Chief of Comprehensive Planning CG/dj Enclosure: Notice of Intent cc: Manuel Pumariega, Executive Director, Tampa Bay Regional Planning Council Gina Clayton, City of Clearwater .~' STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF CLEARWATER COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET 1~0. 04-2 NOI-5206 The Department gives notice of its intent to find the Amendments to the Comprehensive Plan for City of Clearwater adopted by Ordinance No. 7300-04, 7302-04 and 7295-04 on October 7, 2004, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of 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 City of 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 120.57, 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. .., Char es Gauthier, AI P Chief of Comprehensive Planning Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ~~ ~ j ~ Buz ~N-~ -~_~ - °~ ~(e~ ~f!s ~ ~- - ~M~~~~ LUz2~~~? ~~® R STATE OF FLORIDA DEPARTMENT O~F COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH THADDEUS L. COHEN, AIA Governor Secretary August 12, 2004 Mr. William B. Connelly 3012 Lake Vista Drive Clearwater, Florida 33759 RE: Kapok Wetlands and Floodplain Restoration Project Dear Mr. Connelly: Thank you for your letter of July 30, 2004 to Secretary Cohen regarding a community park the City of Clearwater has proposed to construct on a 36.6 acre parcel. Secretary Cohen has asked me to respond to your concerns. The Department is reviewing the application from the City regarding.a proposed change to the land use designation for that parcel from "Residential Urban" which allows up to 7.5 dwelling units pei acre to become "Recreation/Open Space": Comments such as yours are always helpful to our decision making process. We will review your comments during that process and include them in our correspondence to the City addressing this amendment. Please contact Mark Neuse, the Department planner who is reviewing the proposed amendment at (850) 922-1798, if we can be of any further assistance. Sincerely, ~~ ..Mari G..Pennington Regio al Planning Administrato cc: Ms. Gina Clayton, City of Clearwater ~,UG ~ ~ 2Q~4 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 COMMUNrTY PLANNING EMERGENCY MANAGEMENT HOUSING 8 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 ~ '~ • ~~~ ~ i' ~ • a '~ ~ ~ '^~~ M~~. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor September 21, 2004 Mr. William B. Connelly 3012 Lake Vista Drive Clearwater, Florida 33759 Re: Kapok Wetlands and Floodplain Restoration Project Dear Mr. Connelly: THADDEUS L COHEN Secretary This letter is being written in reference to your letter of September 4, 2004 regarding the proposed Kapok Wetlands and Floodplains Restoration Project. On July 16, 2004, the Department received an amendment package from the City of Clearwater (Clearwater 04-2) that contained a Future Land Use Map amendment regarding the 36.6 acre Kapok Wetland Restoration Plan Amendment (LUZ2004-03003) to change the land use at the site from Residential Urban to Recreation/Open Space. The City requested. the Department not to conduct a formal review of the proposed amendment. The Department conducted a preliminary review of the amendment package and determined not to conduct a formal review of the proposed changes. The Department did not receive a recommendation to formally review the amendment from the Tampa Bay Regional Planning Council or any other reviewing agency. On August 20, 2004, the Department sent its determination to the City stating that the amendment package did not need to be formally reviewed for consistency with Chapter 163, Florida Statutes and Rule 9J-5, Florida Administrative Code. The Department's letter to the. City included a recommendation to address your concerns in the decision making process for the proposed park (see attached letter). We understand that you and your neighbors still have issues with the proposed park project. We share your concerns with impacts on your neighborhood. However, these are local issues and the Department does not have the statutory authority to become involved with these. We recommend that you and your neighbors remain involved in the local g~ e ~g~ ~~ ---I, ~ ~ -~~. process so that your concerns maybe addressed through site plan revie i . ~ ~ \~~/ I ~ ~ - '~~: I. SEP 2 8 2~Q4 ING & CEVE PM PLANN LO ENT SERVICES CITY OF CLE,~RWATER 2555 SH UMARD OAK BOULEVARD TALLAHASSEE, F LO '-' 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 32399-2100 Tallahassee, FL 32399-2100 ma'r` (305) 289-2402 (850) 488-2356 (850) 473-9969 (850) 488-7956 1 /~"~ aI° • . • • Mr. William B. Connelly September 21, 2004 Page Two If you have any further questions or comments regarding this matter, please contact Ron Horlick or Planner, me at (850) 922-1801. Sincerely yours, ~~ M ~na Pennington Regional Planning Administra Enclosure MP/rh cc: Gina Clayton, Long Range Planning Manager, City of Clearwater Brian Smith, Director, Pinellas County Planning Department Gerald Smelt, Principal Planner, Tampa Bay RPC ~~` , - e -- ~ ~~~~~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB.BUSH Governor , .\ The Honorable Brian Aungst Mayor, City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Dear Mayor Aungst: PLAt~~l9NG DEPARTMENT CITY OF CL~~,RWRTER The Department has conducted a preliminary review of the City of Clearwater proposed Comprehensive Plan amendment received on July 16, 2004, (DCA No. 04-2). The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes (F.S.), and Rule 9J-5, Florida Administrative Code (F.A.C.). In addition, the Department has not received any recommendation for review from the Tampa Bay Regional Planning Council, but has received a comment from Mr. William Connelly who objected to the redesignation the 36 acre parcel from Residential Urban to Open Space /Recreation. With this letter, the Department waives its Objections, Recommendations and Comments Report. The City may proceed to immediately adopt the amendment; however, we recommend that you consider Mr. Connelly's views during your decision making process. For your assistance, we have attached procedures for final adoption and transmittal of the comprehensive plan amendment. This letter should be made available for public inspection. If you have any questions concerning this matter, please contact Mark Neuse, Planner, or Marina Pennington, Regional Planning Administrator, at (850) 922-1798. Sincerely y urs, ~~~- ~ c~ ~,~ Charles Gauthier, AICP. Chief of Comprehensive Planning CG/mn cc: Ms. Gina Clayton, City of Clearwater Mr Manny Pumariega, TBRPC Enclosures: Review Agency Comments Letter from Mr. William Connelly 2555 SHUMARD OAK BOULEVARD $ TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: httD://www.dca.state.fl.us THADDEUS L. COHEN, AIA Secretary August 20, 2004 ~~~~~~~ AUG 2 4 2004 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 Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305)289-2402 (850)488-2356 (850)413-9969 (850)488.7956 ~J . Florida Depc~rt~l.ent o f transportation 1 1201 N. McKinley Drive • Tampo, FL 33612-6456 Phone (813) 975-6000 • 1-800-220-7220 JEB BUSH JOSE ABREU GOVERNOR SECRETARY July 23, 2004 Mr. Charles Gauthier, AICP Chief, Bureau of Comprehensive Planning Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: City of Clearwater Proposed Comprehensive Plan Amendment 04-2 Dear Mr- Gauthier: The Department has reviewed the proposed Clearwater comprehensive plan Amendment 04-2 in accordance with the provisions of Chapter 163, Florida Statutes; Chapter 9J-5, Florida Administrative Code, and the Department's Review Guidelines for Local Government Comprehensive Plans. We do not object to any ofthe proposed changes (including LUZ2004-03002; LUZ2004-03003; and.LUZ2004-04001) and we do not anticipate that they will adversely impact the Florida Intrastate Highway System and/or 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 512-7801, or (813) 975-6444. Sincerely, ~~~ Carol M. Collins LGCP and CMS Coordinator cc: Bob Romig, Director of Policy Planning, FDOT Cynthia Tarapani, AICP, Director of Planning, City of Clearwater www.dot.state.fl.us ®RECYCLED PAPER 12 July 2004 Mr. Ray Eubanks Community Program Administrator Plan Processing Unit Florida Department of Community Affairs 255 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FtECEN~D JUL 14 1UU4 Dear Ray: PLANNING DEPARTMENT DIN pF CLEARWVATER The enclosed draft comprehensive plan amendment report for the City of Clearwater (04-2) was prepared in accordance with the provisions set forth in the contract entered into between the Tampa Bay Regional Council and the Department of Community Affairs. An approved copy of the report will be forwarded to you after the 9 August 2004 Council meeting. Should you have any questions concerning the enclosed report, please do not hesitate to contact me. Sincerely, ~~~ H. Gerald Smelt, AICP Governmental Services Coordinator Enclosure cc: Gina Clayton, City of Clearwater (w/encl) Marina Pennington, DCA (w/encl) ¢ooo Gatewav~ Centre Boulevard, Suite 100 • Pine[[as Par(y FL 3378i P~jone: 727-57o-S151 • Pax: 727-570-5118 • StateNumber:513-5066 wwwtbrpc.ory f Tampa BaV.72egional Planning Cnmrcq Agenda Item #3.H.1 08/09/04 LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AMENDMENT REPORT CITY OF CLEARWATER DCA#04-2 PURSUANT TO SECTION 163.3184(6)(a), FLORIDA STATUTES, IT IS REQUESTED THAT DCA NOT REVIEW THE PROPOSED AMENDMENT. For Council meeting of 9 Aug 2004 Report prepared: 12 July 2004 Report prepared by: Gerald Smelt, Ext. 28 N •. ~ (This page intentionally left blank) For Council meeting of 9 Aug 2004 Report prepared by: Report prepared: 12 July 2004 Gerald Smelt, Ext. 28 " ~ AMENDMENT #LUZ2004-03002 -Future Land Use Map • From: Pinellas County Residential Low (RL) • To: Residential High (RH) • Size: 4.4 acres • Location: 2025 North Highland Avenue • Existing Use: Two single-family dwellings • Proposed Use: 132 townhouse dwellings • Adjacent Designations: • North: RH • South: Residential Urban (RU) • East: RH • West: RU • Adjacent Uses: • North: Multi-family residential • South: Single-family residential • East: Multi-family residential • West: Single-family residential • Regionally Significant: No, based on the fact the proposed amendment does not impact identified regionally significant resources or facilities. • Result in extra-jurisdictional impacts?: No, based on the fact that the proposed amendment does not raise any extra jurisdictional issues. • Impact regional facilities/resources?: No, based on the fact the proposed amendment does not impact identified regionally significant resources or facilities. • Regional Comments: None. • Applicable SRPP Policies: None. • Consistency with SRPP: Consistent. For Council meeting of 9 Aug 2004 Report prepared: 12 July 2004 1 Report prepared by: Gerald Smelt, Ext. 28 'iDSz ~ .. _ _ _ _ __ i t 1 ,, .~.__.__~__~~.. A ; ->,a~dr~ _ --- ________ ..._..__. __..~.___- x,„3 ------- _ 2i~at~ -- __ ____ ~ , ~__ ,- -, , - .. ~~ E E , k?'S " a t E '+ ---- ~~ ~ _ e__-w.----- °_-___ .__° ___ _ a~Z4 ' zy~ts --___.____ ____. ___ -._~~ ~.3 x: _~_ 'v1n__.. .t ~ _ _ u2J 6 _ ~. - ~ < _ « -i ~ i ~ 1....1 t 1 t f ~ ~ ~ F _ a ~-~`, _ _ + ~ ~` ~ti_~ -- _~ - - ~ r ~~.i. :~ '~~ ~ ~' s For Council meeting of 9 Aug 2004 Report prepared by: Report prepared: 12 July 2004 2 Gerald Smelt, Ext. 28 ~; AMENDMENT #LUZ2004-03003 -Future Land Use Map • From: RU • To: Recreation, Open Space (R/OS) • Size: 36.6 acres • Location: 2950 Glen Oak Avenue • Existing Use: Vacant; formerly a mobile home park • Proposed Use: Open space associated with the Kapok Wetland Restoration • Adjacent Designations: • North: Preservation (P), Residential Medium and Residential Low (RL) • South: P and R/OS • East: RL • West: R/OS and Residential Medium • Adjacent Uses: • North: Single- and multi-family residential • South: Eddie C. Moore Recreation Complex • East: Single-family residential • West: Cliff Stephens Park and multi-family residential • Regionally Significant: Yes, based on the fact that the proposed amendment represents an opportunity to both protect an environmentally sensitive water body (Alligator Creek) and provide additional recreation and open space within a highly urbanized setting. • Result in extra-jurisdictional impacts?: No, based on the fact that the proposed amendment does not raise any extra jurisdictional issues. • Impact regional facilities/resources?: No, based on the fact the proposed amendment does not impact identified regionally significant resources or facilities. • Regional Comments: None. • Applicable SRPP Policies: Natural Resources: 4.5.13, 4.10.2, 4.10.3, 4.1.2, 4.11.10, 4.16.1, and 4.16.4. • Consistency with SRPP: Consistent. For Council meeting of 9 Aug 2004 Report prepared: 12 July 2004 3 Report prepared by: Gerald Smelt, Ext. 28 r f ....ts t ti~ - r , ~_ F ~., ~.+7 ,~ C _ ~ i ~.__! !' fxt ..._ icv' f~ ~f fx~ y'' ~ ,!E ;t Jx~ . t• a ' ! ,' r r Cs..~ ~4 a ° t ~Tt ~ : "'4 °e.t..( Y ~ L 'N r=' t ~~; C :. k~'sf ~ •,,.r. -(~3~x ? ` ~ (.'q~ ~. ° f .i ~ r ~-L f f~ f`"' L ~,_, a ~ ° '°C ~rr ~ hf~1 _ t ~ "r 5 t J i a'i i'~ ~~Sit 4 ~ t' a :R ,` F`H,U - 5 i '0% _ _ x, i ;~ ! ! i i it °a 4.e °'` j f~N .F,~ ` ?.', , .-~/jg ~,l~~1 t ) sa w..,~$e~f,Yti:«t ~~ •~" .... ~f'aer~ i+.s.,...o.~a...., -.~J^9 ~P1 `` , L ~ i L., _.. _ =d 4i / !`3t1f' ~'n. ~ `~'t~ F i i ~narvi "Y.`. ... ~-'~yL:,r. _.... .. __ ,.tilt FR.t b~"x~nF'f.k~ ~..i A _ <K T~ M ~ ~~ ~'~o'~X 1-Sti .- A~ ~F t~ia.'L r A Z sw'~y_` I~ ~} u ~' s;..:_ r w e ti~~,. 3tib1'*r _ m°°'i..f~ ~i r i f' yr f-' ,~~pn E t_ ny- i re ° ~.f'= .3 i ~Ri"t: b'b l...i b'~.t`e i t~~ _" ~~ft+i~'~~A# ti'°i ~ r,yr•~ \_~~`°k ' '"$ ''7c~~ r ~_.~ ~ f L ~ t' e. ~1° ' 'b~ L~ 4 f4t1A e„1` fiw. ~x l ( ab % '.J € ~R4 .Le ~ .,+<°'~_.. env ," 3. ~.~3x hL . e=fr ~` w r`"4 C +.Y" ~ ~ ~ ue. ~ b l s~1x - 9 - ~{ _ k '~+-L, -. ~. r.. ~ ~_-..--.-r ..`-a T. , ~~v{~~}}'.~~{'~ t a ! ~ w .""" 45+A*~ ~~ _ w, rf }° _ N»^''lsJ~'4t°D !.'-! dF r !f ~'~bJ .~' ~ r yf Y«~ '~ y ~_ f t s 3. • c r~r. :.N x -r°o °i r f I5 s r+. ~ ~ 3 ~ - ~ti s sµ Yr ~7 Y_ }ql .le f.° ~4~ ~~ fisS° °_ alc €._lt..; dr.~.x x~.~cr p~:p.: F ~ 7 x,, `_~ w ~ eT ~~ St ~y1 .1 ft t W~a`1 puff riCp~&&sF3l fr ... ~a~-i `'~ R'~ Vt~7~~? ~__ rw~° .7 .w.1 !~.l i~.d A'S„i 4o htyn J:~ (J U _~ _ r ~x r s;~ii! }}--f ~`a f'. t ,r.,i-~f e e ~I P t, _ y--., y o r'Y °~'f ?t'r ~ t re ^`f i ~ +`e a'i3v.i C,a:.r°stffe.fii....k is ~tG i{ Ys.:ti ! y^yi E i ~_sr ~``' ~ .r-° '!r i <, t t » . +'. , "~"~„~L~k,.7L1~4' ~~ta r" 'f v`x _1: ~¢-s,§,f -max`? "..fir r J t" -e xR f -:A i °t„ P~i~! 4~ f ~ 4"...~ } i r ! ; f t # 'I~ } •'i~~e ..fix 1 'S _ 1 4 4 j„~ r _.. .,r .e .a °i `€. ic~l..= iw re 4.1 .FcC ''e ~~+w-~~cd- i°L! ' 4 w.~er.c..a _i v... •...,~ a ti~-ny'~ .:5,~'- ~'_- _ t--~ _ -.-.r' 1-~ ~,a ~~ '~i; f t ,4..- rj e'" ~'~ For Counci] meeting of 9 Aug 2004 Report prepared by: Report prepared: ] 2 July 2004 4 Gerald Smelt, Ext. 28 ~ -.i AMENDMENT #CPA2004-04001-Future Land Use Element General Description: In 2001, the City amended its Comprehensive Plan to reflect the provisions of Beach by Design: A Preliminary Design for Clearwater Beach. One of the incentives included was the establishment of a pool of 600 additional hotel rooms to be available for use in three designated areas of Clearwater Beach. One of the sites, the 6.2 acre Yacht Basin, is presently being developed for atownhouse/condominium. As a result, the City proposes to identify a new 4.6 acre site located between Mandalay Avenue and the Gulf of Mexico to replace the Yacht Basin site. This transfer would be accomplish by an amendment to Policy 2.1.4 of the Future Land Use Element. According to the City, the new site "is well suited for the density pool due to its proximity to the dry sand beach, its location adjacent to an area already available for the pool, assembly opportunities, and serious developer interest." • Regionally Significant: Yes, based on the fact that Clearwater Beach is located entirely within the Coastal High Hazard Area and the amendment continues to support redevelopment activities within an area recognized as important to the region's tourism industry. • Result in extra-jurisdictional impacts?: No, since all immediate impacts would be confined to the city of Clearwater. • Impact regional facilities/resources?: Yes, based on the mitigation of any potential development impacts on SR 60 which serves as the evacuation route from Clearwater Beach. • Regional Comments: None. • Applicable SRPP Policies: Economic Development: 2.3.1 Emergency Preparedness: 3.2.3 • Consistency with SRPP: Consistent. For Council meeting of 9 Aug 2004 Report prepared: ] 2 July 2004 5 Report prepared by: Gerald Smelt, Ext. 28 .. . ` r :~.rea proposed to be eligible f~>r l~esc?rt I'oc5~. Area ~.(=,gil7]e i°c~r 1'eeSE;3T't 1~~fX.kl, {~~eC3 change prc~pc>sed) area eligii~Ie fear Reso~~:1'ooi tc~ b~; e,1i ni mated. For Council meeting of 9 Aug 2004 Report prepared by: Report prepared: 12 July 2004 6 Gerald Smelt, Ext. 28 • • a~ STATE OF FLORIDA DEPART(~iEI~T OF COi~ii~ilUltllTY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH THADDEUS L COHEN, AIA Governor Secretary Ms. Gina Clayton Long Range Planning Manager City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Ms. Clayton: DEPARTMENT P~~ ~F C~ERRwATER C~ Thank you for submitting copies of Clearwater's Comprehensive Plan Amendment No. 04-1 adopted by Ordinance No. 7247-04 on May 6, 2004 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 intent pursuant to Section 163.3184(8), Florida Statutes, will occur on or about June 3.2004. 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 ~y is, zoos ~~~~1~~~ ~av 21 taus D. Ray Eub s Plan Review and Processing Administrator cc: Manuel Pumariega, Executive Director, Tampa Bay RPC 2558 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, Suits 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 3humard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 488-2358 (850} 4139989 (850) 488.7956 ~ • • STATE OF FLORIDA DEPARTMENT O~ COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH THADDEUS L. COHEN, AIA Governor Secretary June 2, 2004 The Honorable Brian Aungst, Sr. Mayor, City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Mayor Aungst: -\, P ` fir. ..~. ~J!' lr.i[ ~ ~J J JUN 0'7 2004 ~'~ ~~c'~~:'i1!G D~P~RTi~ICNT ~:~~e.F,' ~?P CLE,~RWATER The Department. has completed its review of the City of Clearwater Comprehensive Plan Amendment (DCA 04-1) adopted by Ordinance No. 7247-04 on May 6, 2004. The Department has determined that the comprehensive plan amendment 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 June 3, 2004. 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 may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.3184(8)(c)2, Florida Statutes, require's 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. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 323.99-2100 Phone: 850.488:8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291 .0781 Internet address: http:/lwww.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING S COMMUNITY DEVELOPMENT 2798 Overseas Highway, Suite 212 2555 Stwnard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32398.2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305)289-2402 (850)48&2358 (850)4139969 (850)488-7956 ... ~ • • The Honorable Brian Aungst June 2, 2004 Page Two If this in compliance determination is challenged by an affected person, 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 Debi Johnson, Plan Processor at (850)922-1769. Sincerely Yours, ~ Q~ 2~~~ C_~" ` Charles Gauthier, AICP Chief of Comprehensive Planning CG/dj Enclosure: Notice of Intent cc: Cynthia Tarapani, Director, City of Clearwater Planning Department Manuel Pumariega, Executive Director, Tampa Bay RPC STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF CLEARWATER COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET N0. 04-1-NOI-5206 The Department gives notice of its intent to find the Amendments to the Comprehensive Plan for Clearwater adopted by Ordinance No. 7247-04 on May 6, 2004, 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 ~s-ill 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 120.57, 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 «ith 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. ~' P -~~a7~`'~ Charles Gauthier, AIC Chief of Comprehensive Planning Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ~~~Y ~ ~. -~ ~` .~~~ Agenda Item #3.H.2 ._....__ 04/12/04 Tsmpu Say~Yrglnnal Plann/np%nunc/] LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AMENDMENT REPORT City of Clearwater DCA #04-1 PURSUANT TO SECTION 163.3184(6)(a), FLORIDA STATUTES, IT IS REQUESTED THAT DCA REVIEW THE PROPOSED AMENDMENT. AMENDMENT #LUZ2003-10011-Future Land Use Map • From: Pinellas County ResidentiaUOffice/Retall (ROR), Residential Urban (RU), and Water/Drainage Overlay and City Commercial General (CG), Residential Low Medium, and Water/Drainage Overlay • To: Residential Medium and Water/Drainage Overlay • Size: 24.05 acres • Location: 2520 Sunset Point Road and 24698 US 19 North • Existing Use: Mobile home park -Contains 138 mobile homes. "The applicant is the landowner of the entire site and rents the majority of the mobile home units on a monthly basis, with approximately 30 units being owned by separate persons." • Proposed Use: Redevelopment as approximately 300 multi-family residential • Adjacent Designations: • North: Residential Medium • South: CG and Pinellas County ROR • East: ROR, Commercial Limited, RLM and Pinellas County ROR • West: Pinellas County RU, Transportation/LJtility, and Water/Drainage Overlay • Adjacent Uses: • North: Multi-family residential • South: Retail • East: Mobile home park, retail, outdoor recreation/entertainment and wholesale/warehouse For Council meeting of 12 Apr 2004 Report prepared by: 1 Gerald Smelt, Ext. 28 G West: Utility/infrastructure facility Regionally Significant: Yes, based on the fact that: • The site has direct and indirect access to US 19, a regionally significant roadway; • Will result in an increase of 116 residential units (199 under current land use designations verus a maximum of 315 units permitted under the proposed RM designation); and • Will result in the loss of 138 "affordable housing" units. Result in extra-jurisdictional impacts?: No. Impact regional facilities/resources?: Yes, based on the increased number of trips which would result from the increase in the number of permitted residential units. According to information provided by the City,. the current use generates 663 daily trips and 80 PM peak trips. The combined trips potentially generated by the existing land use designations is 2,241 and 268 respectively. The proposed RM designation would generate a maximum of 2,088 and 211 trips respectively. While this represents a decrease from the maximum number of trips which could be generated by the existing designations, it does represent an increase of 1,425 and 211 over existing conditions. In its supporting documentation, the City noted that the proposed increase "will not result in the degradation of the existing LOS to the surrounding road network." In making this statement, the City referred only to Sunset Point Road; no mention is made as to the impacts to US 19. Regarding the intersection of US 19 and Sunset Point Road, it was noted that "no impact to the operational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment." Regional Comments: The City has noted that the proposed amendment and change of use are compatible with the adjacent uses and land use designations found in the surrounding areas. Sufficient documentation was provided to support this conclusion. Regarding the loss of the 138 mobile home units, the supporting documentation noted that "the applicant's representative has indicated that a Mobile Home Park Relocation Specialist has been acquired to handle the relocation of the residents of the park, as required by Florida Statute, Chapter 723, Mobile Home Park Tenancies." Applicable SRPP Policies: Affordable Housing - 1.3.8 Regional Transportation - 5.2.2 Consistent with SRPP: Yes. For Council meeting of 12 Apr 2004 Report prepared by: 2 Gerald Smelt, Ext. 28 ~ • ~. ~liJ . .. - _ t ~, _„ _ -- - -t~- - --- --~- --- -• ~_ , z ~ •. F ~ ` ~ MS: i ~ r` J LF ~~ ~. _ ti ~ ~ ~ __ .~_ >.,r-- I ~ ~~ _ ~~3-r f a ,/ N \A! vI1 ! ~ ~~ J _ .e~: -.i- r ~: - .~ _____ - r _ ' ~~ r - / ~ _ .__ _; r __ ~_ r-- _'7 r _ _' , r _ ~ ~,~ ' r - L.ti- ~`~ - ~O1IV -_ ~ i ~ ~cefc~re ~.anc~ i1~~ P~~r~t ~l[ap For Council meeting of 12 Apr 2004 Report prepared by: 3 Gerald Smelt, Ext. 28 • • (This page intentionally left blank) For Council meeting of 12 Apr 2004 Report prepared by: 4 Gerald Smelt, Ext. 28