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CPA2011-10002 - AMENDMENTS TO THE CLEARWATER COMPREHENSIVE PLAN « CPA2011-10002— Amendments to the Clearwater Comprehensive Plan Item : E-1 Planner: Cate Lee, Planner III Community Development Board – January 17, 2012 CPA2011-10002 – Page 1 CDB Meeting Date: Case Number: January 17, 2012 Ordinance No.: CPA2011-10002 Agenda Item: 8312-12 E.1. (Related to E.2) CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Clearwater Comprehensive Plan Amendments Related to Charter Schools and Public Educational Facilities INITIATED BY: Inland Southeast Clearwater Development, LLC At the July 19, 2011 Community Development Board meeting, the Board denied a Flexible Development application (FLD2011-04017) involving a proposed charter school to be located on a property, 21810 US Highway 19 North, classified as Commercial General (CG) on the Future Land Use Map and in the Commercial (C) Zoning District. Policy J.2.1.3 of the Public School Facilities Element of the Clearwater Comprehensive Plan identifies land use classifications in which public educational facilities are an allowable use. Commercial General (CG) is not included on this list, which was the reason the case was denied. BACKGROUND: After discussions with the applicant’s representatives, Planning and Development Department staff agreed to support an application for a Comprehensive Plan amendment aimed at clarifying the definition of public educational facilities and to include the Commercial General (CG) future land use classification within Policy J.2.1.3. On November 1, 2011 Inland Southeast Clearwater Development, LLC submitted applications for a Comprehensive Plan amendment and a text amendment to the Community Development Code, which is being processed concurrently with this case (see TA2011-10003). According to Chapter 1002.33, Florida Statutes, all charter schools in Florida are public schools. To further clarify this point within the Clearwater Comprehensive Plan, the proposed amendment to Policy J.2.1.2 modifies the definition of public educational facilities to include charter schools. ANALYSIS: The proposed amendment to Policy J.2.1.3 adds the Residential High (RH), Residential/Office/Retail (R/O/R) and Commercial General (CG) future land use classifications to the list of allowable categories for the public educational facilities use. Staff included the R/O/R classification within the amendment because the Commercial (C) Zoning District is consistent with both the Commercial General (CG) and Residential/Office/Retail (R/O/R) future land use classifications. It was determined that the Residential High (RH) future land use classification should be included within Policy J.2.1.3 because schools are an allowable use in Community Development Board – January 17, 2012 CPA2011-10002 – Page 2 the Medium High Density Residential (MHDR) and High Density Residential (HDR) zoning districts, which are consistent with the Residential High (RH) future land use classification. Charter schools generally have different operating characteristics, such as smaller student enrollment and targeted disciplines, which may mean that smaller buildings and campuses are needed, atypical of the large acreage requirements of traditional public schools. Because the city is nearly built-out, allowing schools in additional future land use classifications will broaden location opportunities by providing more potential redevelopment sites for charter schools. Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: STANDARDS FOR REVIEW: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. The proposed amendments to the Clearwater Comprehensive Plan are consistent with existing goals, objectives, and policies in the Plan. Future Land Use Element Goal A.2 states that a sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Allowing schools in more future land use categories will accommodate the exhibited public demand for charter schools in commercial categories. This may also promote infill development, as it expands allowable uses. Policy A.2.2.1 states the Residential High (RH) future land use classification is consistent with the Medium High Density Residential (MHDR) and High Density Residential (HDR) zoning districts which already allow schools as a use in the Community Development Code. Therefore, the proposed amendment will bring consistency between the Community Development Code and the Clearwater Comprehensive Plan. Public School Facilities Element Policy J.1.2.7 states the City and the School District shall recognize charter schools as public school facilities. Therefore, the proposed amendment to the Policy J.2.1.2, which adds charter schools to the definition of public educational facilities, is consistent with Policy J.1.2.7. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendment will clarify the definition of public educational facilities and list three new future land use classifications in which they will be allowed. These proposed amendments are not inconsistent with other provisions of the Comprehensive Plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. The proposed amendments will affect properties citywide; therefore the compatibly of uses will be assessed on a case-by-case basis. Projects must comply with compatibility criteria proposed through the associated text amendment (see staff report for TA2011-10003). 4. Sufficient public facilities are available to serve the property. The proposed amendments will affect properties citywide; therefore the adequacy of available public facilities will need to be assessed on a case -by -case basis as development proposals are received for schools in the amended list of allowable future land use classifications. 5. The amendment will not adversely affect the natural environment. Any development that should occur as a result of the proposed amendments must still comply with impervious surface ratio standards, as well as drainage and water quality standards. Therefore, the proposed amendment will not adversely affect the natural environment. 6. The amendment will not adversely impact the use of property in the immediate area. The proposed amendments will affect properties citywide; therefore whether properties in the immediate area will be adversely impacted will be assessed on a case -by -case basis and must comply with location and compatibility criteria proposed through the associated text amendment (see staff report for TA20 1 1 -1 0003 ). SUMMARY AND RECOMMENDATION: Many jurisdictions throughout the U.S. and Pinellas County (e.g., the City of Dunedin, the City of Saint Petersburg) allow schools in commercial districts. This expands infill potential, especially for charter schools which may have smaller student. enrollments. The proposed amendment expands the number of future land use classifications in which public educational facilities may be located and clarifies and brings consistency between state statutes and the Community Development Code. The proposed amendment will further the goals, objectives and policies of the Clearwater Comprehensive Plan, is consistent with other provisions of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8312- 12 that amends the Clearwater Comprehensive Plan. Prepared by Planning and Development Department Staff: Catherine Lee, Planner III ATTACHMENTS: D Ordinance No. 8312 -12 S -. Tlatrning D(epartmentlCOA4PREHENSIYE PL 4,M2011 Comp Plan Amenclmen&CPA2011 -10002 - Charter Schools'Staff Report1CPR2011- 10002 CDB Staff Report. doe Community Development Board — January 17, 2012 CPA2011 -10002 — Page 3 Ordinance No. 8312-12 ORDINANCE NO. 8312-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE PUBLIC SCHOOL FACILITIES ELEMENT BY ADDING CHARTER SCHOOLS TO THE DEFINITION OF PUBLIC EDUCATIONAL FACILITIES AND ADDING THE COMMERCIAL GENERAL (CG), RESIDENTIAL/OFFICE/RETAIL (R/O/R) AND RESIDENTIAL HIGH (RH) FUTURE LAND USE CLASSIFICATIONS TO THE LIST OF CLASSIFICATIONS THAT ALLOW PUBLIC EDUCATIONAL FACILITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council 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 City desires to allow schools, including charter schools, in the Commercial General (CG), Residential/Office/Retail (R/O/R) and Residential High (RH) future land use classifications; and WHEREAS, Florida Statutes 1002.33 recognize all charter schools in Florida as public schools; and WHEREAS, amendments to the Comprehensive Plan have been prepared in accordance with the applicable requirements of law, after conducting 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 Economic Opportunity (DEO) for review and comments, and the objections, recommendations and comments received from the Florida Department of Economic Opportunity 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 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: Ordinance No. 8312-12 2 Section 1. That Policies J.2.1.2 and J.2.1.3 of Goal J.2 of the Clearwater Comprehensive Plan, page J-7, are hereby amended to read as follows: * * * * J.2.1.2 For purposes of Objective J.2.1, public educational facilities are defined as elementary schools, special education facilities, alternative education facilities, middle schools, high schools, and area vocational-technical schools of the Pinellas County School District and those charter schools whose charter has been approved by the Pinellas County School District pursuant to F.S. Chapter 1002.33. J.2.1.3 Public educational facilities of the School District are an allowable use within the following land use categories in the City: • Residential Estate • Residential Suburban • Residential Low • Residential Urban • Residential Low Medium • Residential Medium • Residential High • Residential/Office Limited • Residential/Office General • Residential/Office/Retail • Institutional • Commercial General * * * * Section 2. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 3. This ordinance shall become effective when the Department of Economic Opportunity 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 __________________________ Frank Hibbard Ordinance No. 8312-12 3 Mayor-Councilmember Approved as to form: Attest: __________________________ __________________________ Leslie Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Catherine Lee, LEED Green Associate 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4557 catherine.lee@myclearwater.com PROFESSIONAL EXPERIENCE • Planner III, Long Range Division October 2010 to Present • Planner II, Long Range Division November 2008 to October 2010 City of Clearwater, Clearwater, Florida Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Code by Ordinance. Prepare staff reports for the City Council and Community Development Board. Coordinate and manage various projects. • Planner I and Planner II, Development Review Division City of Clearwater, Clearwater, Florida March to October 2008 Provided information to the public concerning the City’s Community Development Code, Clearwater Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed building plans for compliance with the Community Development Code. Presented Flexible Standard Development applications before the Development Review Committee. • Research Assistant Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008 Contributed research on various land use and planning issues, including locally unwanted land uses and their roles in the American West for Dr. Richard H. Jackson, AICP. • Teaching Assistant Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007 Explained North American land use patterns and concepts to students, including planning history and current practices. Graded student writing and exams, providing feedback for improvement and clarification of planning concepts. • Planning Intern City of Port Angeles, Port Angeles, Washington May to August 2007 Assisted citizens at the zoning counter regarding the City’s Municipal Code. Performed research related to intergovernmental cooperation, comprehensive plan amendments, and code changes. Presented research findings to the Planning Commission. EDUCATION Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007 ASSOCIATION MEMBERSHIP • American Planning Association • LEED Green Associate F r �1�A �1' �1J�.1L"Z� Y 7 A�L'1� ,�ys��'�'"��'i�,� APPLICA'I'ION FOlZ ��,�` a COMPREI�EI�SI� PI..Al�1 ANLEliTDMEI�IT � �- �Q`� (INCLUDING FUTTJRE LAND USE MAP AIVIENDMEN7� ��ATEA�� PLANNING DEPARTMENT NIUMCIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENiJE,2nd FLOOR PHONE(727)562-4567 FAX(727)562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT IPIFORMATION: APPUCAr�r NAME: Inland Southeast Clearwater Development, LLC MAILING ADDRESS: 3300 Enterprise Parkway, Beachwood, OH 44122 216-755-6490 216-755-3490 PHONE NUMBER: FAX NUMBER: � PROPERTY oWNERS: Inland Southeast Clearwater Development, LLC (List all owners) E.D. Armstrong, Esquire, Johnson, Pope, Bokor, Ruppel & Burns AGENT NAME: MAILING ADDRESS; 9�1 Chestnut Street, Clearwater, FL 33757 PHONE NUMBER: �2�-461-1818 Fax NuMBER: 727-441-8617 SITE INFORMATION: �oCATION: Northwest corner of U,S, 19 North & Drew Street STREET ADDRESS: 21800 U.S. Highway 19 North LEGAL DESCRIPTION: See attached Exhibit B PARCE�NunneER: 7-29-16-16442-000-Oa20/7-29-16-16442-000-0030/7-29-16-16442-000-0040 s�zE oF siTE: 14.2 acres FUTURE LAND USE Commercial General No Change Requested CLASSIFICATION; PRESENT; REQUESTED: ZONING CLASSIFICATION: PRESENT Commercial RECtuESTE�: No Change Requested PROPOSED TEXT AMENDMENT: See attached Exhibit A (use additional paper if necessary) .. �t.f_i� �.i�rt�4i0� cL. I (We), the undersigned, ac!<nowledge that all ST'/�TE O� FL-(�Rii3A, COUNTY OF-f'11�EL-CA� representations made in this application Sworn to and subscribed before me this �rh day of are true and ccurate to the best of my/(our) �L-�G,�-✓ ,A.D.,�'� ZU i p to me knowledg� by .�a.vurz5 •-�-Fc�-rr�-�� , who is personally !<nown has produced �� : � �J�p as identification. Signature - prop y o or represenlafive �� , �� Signature of properly owner or representative Notary public, my commission expires: �'`"r'�2 k:\Drew Shopping Center\PermitslComprehensive Plan Amendment Application.pdf � �5�,��,�� CITY OF CLEARWATER y.��- � l�F�'IDAVIT TO AUTI�ORIZE AGENT Q R` � oQ° PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 99�'ATEP`��' VIUNICIPAL SERVICES BUILDING, 100 SOUTH IvIYRTLE AVENUE, 2"d FLOOR PHONE(727)-562-4567 FAX(727) 562-9576 Inland Southeast Clearwater Development, LLC (Name of all property owners} 1, That(I am/we are)the owner(s)and record title holder(s)of the following described property: Clearwater Collection Shopping Center located at 21800 U.S. Highway 19 North, Clearwater, Florida (Address or General Locallon) 2. That this property consfitutes the property for which a request for a: Comprehensive Pian Text Amendment and Revisions to the Community Development Code (Nature of request) 3. That the undersigned (has/have) appointed and (does/do}appoint E,D. Armstrong and Cynthia Tarapani as(hls/their)agen((s)to execute any petitions or olher documenls necessary to affect such petilion; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That(Ilwe), the undersigned authority, hereb certify th #�Che f goi.ngj,s e and correct. r _ �� rop ner Pr erty Owner 0�'7 STATE OF FL-0RiD7a, COUNTY OF PNUE-6L-A& C�-�"�`��`�`�� cl ��:� B fore me the undersigned,an officer duly commissioned by tlie la,w�nf the St?te of FtaTiaa,on this �S� day of �C��X-v' , 2�'� � personally appeared "�o-�'�'�� }-�d�'`�\ who having been first duly swom deposes and says fhat he/she fully understands the contents of the affidavit that he/she signed. � .r �'-' �� ' ��..__� (��..� /.�-C-� Notary Public My Commission Expires: S:application forms/development revlew/AFfidavit to Authorize Agent ��y��+'�'�-�,r��+��-'�' �OT1�RY�'t3BLl��ST�TE OF��-!IQ r�ec�rded in Pnr:aae�ou��y C:�er eom�issio�e••;��,��s�e�+:�012 k:lDrew Shopping Center\Permits�Affidavit to Authorize Agent i.pdf �s��'��,�, CITY OF CLEARWATER n�'�'_ ¢ PLANNIloTG DEPARTMENT r�'' = � M[JNICIPAL SERVICES BUII,DING, 100 SOUTH NIYRTLE AVENUE,2"d FLOOR �A�ATER�� PHONE(727)-562-4567 FAX(727)562-4576 INFORMATION REQUIRED FOR APPLICATIONS FOR COMPREHENSIVE PLAN AMENDMENTS ((INCLUDING FUTURE LAND USE MAP AMENDMENT) Please submit 15 copies of the attached Application for Comprehensive Plan Amendment and the 7`ollowing supplemental information: �"� B A legai description of the property. If the property is not�a platted lot of record, a ctirrent boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Ex. D Proof of ownership; inclu�ing a copy of the �eed, titie insurance policy, or ot�er insfirufnent demonstrating ownership. N/A Names of all persons or corporations having a contractual interest in the propert�r. Ex. c An assessment of the impacts of the proposed change on the adequacy of public facilities, the environment, community character and the fiscal condition of the City �x. c Information that demonstrates that the proposed amendment complies with the following standards: 1. The proposed amendment furthers impiementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. 2. The amendrnent is not inconsistent with other provisions of the Comprehensive Pian. 3. The available uses to which the property may be put are appropriate to the property in question ' and compatible with existing and planned uses in the area. 4. Sufficient public facilities are available to serve the property. 5. The amendment will not adversely affect the natural environment. 6. The amendment will not adversely impact the use of property in the immediate area. A�tendance at Public Hearinqs The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. k:lDrew Shopping Center\Permits\Comprehensive Plan Amendment Application.pdf ' EXHIBIT A INLAND SOUTHEAST CLEARWATER DEVELOPMENT, LLC COMPREHENSIVE PLAN TEXT AMENDMENT PUBLIC SCHOOL FACILITIES ELEMENT Note: Additions to the Comprehensive Plan are shown underlined; deletions are shown in��- ,-,,,.,,,,n�., +ov� J.2 GOAL-THE CITY SHALL COORDINATE WITH ITS PARTNER LOCAL GOVERNMENTS AND THE SCHOOL DISTRICT ON PROJECTS THAT ENCOURAGE COHESIVE NEIGHBOHOODS, THAT CONTRIBUTE TO COMMUNITY BUILDING, AND THAT PROVIDE FOR LONG-TERM SUSTAINABILITY. J.2.1 Objective: The City shall support efforts that facilitate coordination of planning between the City and the School District for the location and development of public educational facilities. Policies . . J.2.1.2 For purposes of Objective J.2.1, public educational facilities are defined as elementary schools, special education facilities, alternative education facilities, middle schools, high schools and area vocational-technical schools of the Pinellas County School District and those charter schools whose charter has been�proved by the Pinellas County School District �ursuant to F.S. Chapter 1002.33. J2.1.3 Public educational facilities of the School District are an allowable use within the following land use categories in the City: • Residential Estate • Residential Suburban • Residential Low • Residential Urban • Residential Low Medium • Residential Medium • Residential/Office Limited • Residential/Office General • Institutional • Commercial General October 28, 2011 EXHIBIT B INLAND SOUTHEAST CLEARWATER DEVELOPMENT,LLC LEGAL DESCRIPTION —__ , _ -------------- _----- ________ ---- _-- �..._.., -__�__- ----------, � --. , --- -,--- r----- - , , _ . , ,, .,` __- Farcel l '�-� � � , , , `. , ,-�• > - Lots 2 and 3,TFIE�'AR�A�TER COLLECTION SECOND REPLAT,accordinS to Plat thereof recorded ie plat$c�►k 1a9,,pages 24 and 25,of the public records of Pinellas County, Florida,LESS AN��X;�F�'I'roAS ri8ht-of-way for U.S.Highway 19,abutting sa.id parcel on the East. ---_ , • ,- _ `.', , ,- `, . , Par�cl 2 � �� \�� r � '. � . � � ` � � . . Toget��vifiJ��or's rights in those ce�tain non-exclusive casements as reserved in i ��roec�rd�ixi�ic'sal Rocords Book 1479,page 95,and as created by that catain F.asem�nt �'�igir�me�f d�itsd November 19,1986 which is attached as Eahibit"A"to Assignmeent rocordod in '��,O�ci,al Records Book 7319,page 993,of the public records of Pinellas CotmtY,�lorida,ss , ��,�cc'tod by said assignment,for the gurposes sd forth thcrein,ovcr and across the lands sd forth ` � . �� ,'. � , , , , . --�S'&13 Togcthcr with Grantor's ri�ts in those certain non-eaclusive�ts as created by that certain D�ge g,��ent Agr�t recorded in Official Records Book 6618,pago 2190,as affcctcd by instruments recorded in Official Records Book 8629,PaSe 152 and in Official Rocords Book 8681,page 394,of th�public records of Pinellas County,Florida,for thc gurposes sct forth therei��,over and acxoss the lands set forth therein,less and exccpt those portions conveyed,takar or usd for U.S.Highway 19. TPA:35314Q:4 ; EXHIBIT C INLAND SOUTHEAST CLEARWATER DEVELOPMENT, LLC COMPREHENSIVE PLAN TEXT AMENDMENT ASSESSMENT AND CONSISTENCY OF PROPOSED AMENDMENT I. ASSESSMENT OF AMENDMENT (Compliance with Section 4-603.B.2) In accordance with the City of Clearwater's Community Development Code Section 4-603.B.2, the proposed text amendment to the Public School Facilities Element of the Comprehensive Plan is evaluated for the impacts of the proposed change on the adequacy of public facilities, the environment, community character and the fiscal condition of the City. A. Adequaev of Public Facilities Potable water sanitarv sewer and solid waste: it is expected that the a school would have similar or lower demands on these public utilities as other commercial uses allowed in the Commercial General land use category. Stormwater Mana e��ment: a school in the Commercial General category will be required to comply with the City and State requirements for on-site stormwater management and, therefore, will not have a negative impact on this public facility. Transportation: a school is not expected to generate significantly higher traffic demands than are typically generated by other uses in the Commercial General category. In some cases, a school may generate a significantly lower traffic demand when compared to some retail, restaurant and automobile service uses, all of which are allowed in the Commercial General category. Public parks: a school will not generate new demands for park service; rather, the demand for park service is a function of the amount, density and location of residential development. In summary, the proposed plan amendment to allow Schools in the Commercial General land use plan category will not have a negative impact on public facilities and is consistent with this criterion. B. Environment The proposed plan amendment to allow Schools in the Commercial General plan category is not expected to create any impacts on the natural environment. As with all site development proposals, a school site will be required to comply with the City and State requirements on protection of wetlands and other environmental issues. It should October 28, 2011 be noted that compliance with environmental requirements will be determined at the site plan level and is a requirement for all uses allowed in the Commercial General plan category. Therefore, the proposed plan amendment is consistent with this criterion since there are no expected impacts on the environment by the amendment. C. Communitv Character Schools are currently allowed in nine of the City's twenty-one plan categories. In addition to allowing schools in six residential categories, schools are allowable in the Residential/Office Limited, Residential/ Office General and Institutional plan categories. The proposed amendment would add Schools as a permitted use in the Commercial General category. In Clearwater, substantially all of the major corridors are designated with some type of Commercial category and many of these streets are designated as Commercial General or Residential/Office/Retail. These commercially designated areas are generally located in proximity to their customer base, the residential neighborhoods surrounding the corridors. Certain schools, in particular high schools and vocational-technical schools have a student draw multiple neighborhoods and should be located on major corridors to provide easy access to the school. D. Fiscal Condition of the City Although not directly related to the fiscal condition of a city, the quality of a city's schools is definitely a factor in the desirability of a particular location and ultimately a factor in the fiscal success of a city. The proposed plan amendment to allow schools in the Commercial General category merely allows another option for school locations in an effort to continue a successful school system. October 28, 2011 II. STANDARDS FOR REVIEW (Compliance with Section 4-603.F) In accordance with the City Community Development Code Section 4-603.F, this evaluation includes information that demonstrates that the proposed text amendment complies with the following standards for review. A. Further Implementation of the Comprehensive Plan, Consistent with the Goals, Obiectives and Policies The proposed amendment to add schools as one of the allowable uses in the Commercial District will further implementation of the Public School Facilities Element by increasing the possible locations for schools in the City (Goal J.2). The proposed amendment furthers the implementation of the Future Land Use Element by providing another option for school location which contributes to implementation of FLUE Goal A.2- "A sufficient vaxiety and amount of future land use categories shall be provided to accommodate public demand and promote inf`ill development." B. Not inconsistent with Other Provisions of Comprehensive Plan In our review of the other provisions of the Comprehensive Plan, we did not identify any potential areas of inconsistency and believe this proposed amendment to be consistent with the Comprehensive Plan. C. Compatibility of Proposed Use of the Property Although the propased amendment will be applicable City-wide to all sites designated with the Commercial General plan category, the application was initiated by the property owner of the Clearwater Connection shopping center. It is helpful to review how this proposed amendment would benefit the Clearwater Connection shopping center. In its original configuration, this shopping center was much laxger and included the site of the current BrightHouse Field adjacent to the north of the existing shopping center. When U.S. Highway 19 and Drew intersection was developed as an elevated overpass, the shopping center lost several tenants due to the lack of visibility and this issue remains a challenge for the center. The purpose of the proposed text amendment is to allow a charter high school to be located in this shopping center. The charter high school desires this location for several reasons: a central location in Clearwater and north Pinellas County, good access via major streets, proximity to multiple neighborhoods to draw students and proximity to St. Pete College for co-matriculation. The current and planned uses of the shopping center are consistent with a high school and adequate parking is available for all tenants. The c�arter high school has also designed an ADA-compliant drop-off/pick up zone for parents to deliver their children to the school. Additionally, in response to City staff's concerns regarding available parking during baseball spring training and the minor league season, the charter school developed a Safety Improvement Program for student protection during this time. October 28, 2011 In summary, the proposed charter high school at this shopping center location is compatible with the existing commercial area and with the adjacent land uses in the area. D. Sufficient Public Facilities Please see the response in Section I.A above. E. Effects on Natural Environment Please see the response in Section I.B above. F. Impacts on Propertv in Immediate Area As described in Section II.0 above, if the amendment is approved, it would allow a charter high school to be located in part of the existing shopping center. The location of a high school in this development is particularly suitable to and compatible with the existing commercial development, the proximity to St. Pete College with good access from U.S. Highway 19 and Drew Streets and centrally located to many residential areas of the City. The development of a charter high school at the Clearwater Connection shopping center is not expected to have any negative impacts on the immediate area. October 28, 2011 EXHIBIT D INLAND SOUTHEAST CLEARWATER DEVELOPMENT, LLC COMPREHENSIVE PLAN TEXT AMENDMENT PROOF OF OWNERSHIP- RECORDED DEED,APRIL 27,2005 And CERTIFICATE OF AMENDMENT OF INLAND SOUTHEAST CLEARWATER DEVELOPMENT,L.L.C. APRIL 11,2007 .I#:. 2�05162935 B�: 14278 PG: 2509, 04/29/2005 at 09:19 AM, RECORDING 5 PAGES $44.00 D DOC STAMP COLLECTION $19355.00 KEN BURKE, CLERK OF COURT PINELLAS ' COUNTY, FL BY DEPUTY CLERK: CLKDMOS cti �� , � , THIS INSTRiJMIIVT PREPARED BY �� ', AND REI'URN TO: ---_�� ' James B:Soble,Esquire _ � Ruden,McClosky,Smith,Schuater � ��' I , , , � &Russell,P.A, �,' � , . „ i 2700 SuaTtust Financial Centre '�', 401 East Jackson Street � -- ,' �� Tampa,Florida 33602 , ,' �� ,; GENERAL WARRANTY DEED ' � ' � � , � � , , . � � � THIS INDENT�JRF., is made as of this day o R' ,'-'�DOS.��i�%er used herein, the terms "GRANTOR" and "G " shall include e heirs,��personal�representatives, successors andlor assigns of the respective parties hereto. � ' ' � . � , BETWEEN CLEARWATER CULLECI'ION A5SOCIATES,�LTD., a Florida limited pazinership, � whose address is 5858 Central Avenue, St. Petereburg, FL �3�07, "GRANTOR," and IIVLAI�� ( SOUTHEAST CLEARWATER DEVELOPMEN�, L.L:Ca, a,��laware limited liability company, whose address is c% The Inlaz►d Group, Inc:��S�t?l�StiCte'r�e�d Road, Oak Brooks, II, 60521,Attn: Michael Moran,"GRANTEE." � � ' � , , ;, ,',� WITNESSETH, that the GRAIV'fOR, for��eri�t�lla�s��$10.00) and other good and valuable consideration,the receipt and sufficieucy of yv�fch is he{ebX'a,clmowledged, has granted, bargained and sold to the said GRANTEE forever,the land,',s''ttuate, ly�ng and being in the County of Pinellas, State of Florida,described as follows: ' � � ' , � , Parcel l �,' -- `> Lots 2 and 3,TI�C,L$'ARV��,'I'ER COLLEGTION SECOND REPLAT,according to plat thereof recorded iti"Plat$sok 107,,pages 24 aad 25,of the public records of Pinellas County, Florida,LESS AN��PT ro�a right-of-way for U.S.Highway 19,sUutting said pancel on the East. -- __ , ,'�� , Parcel2� � � ` � ' ` � , , , Toget�eF witl�,frr�utor's rights in those certain non-exclusive easements as reserved in Deed ;1�eeord�ixi�Official Records Book 1479,page 95,and as created by that certain Easeme� � , '�1ge�menf d�ted November 19, 1986 which is attached as Exlubit"A"to Assignment recorded in •�� O�ficial Records Book 7319,page 993,of the public records of Pinellas County,�lorida,as \�,a€fec�ed by said assigament,for the purpases sez forth therein,over and across the lands set forth t$e�ein. , , _.�'arcel3 Together with Grantor's rights in those certain non�zclusive easements as created by that certain Drainage Easement Agteement recarded in Official Records Book 66t 8,page 2190,as affected by instniments recorded in Official Records Book 8629,page 152 and in Official Records Book 8681,page 394,of the public records of Pinellas County,Florida,for the pwposes set foith therein,over and across the lands set forth therein,less and except those portions conveyed,tsken or used for U.S.Highway 19. TPA:35314Q:4 _ ; _ __ -PIIQELL'AS COUNTY FL OFF. REC. BK 14278 PG 2510 r . '� � TOGETHER with all the tenements, heraditaments and eppurtenances. with every privileBe, _ � , right, tide, i�erest and estate, reversion, rcmainder and easement thereto belonging or in anywise-=__' '. appertaining. - �` �> ', � �;� , , TO HAVE AND TO HOLD the same in fee simple forever. �,�;�� And the grantor does hereby covenant that,except for the title exceptions sex fortaf.cjri F�hfbit'`:A" attached hereto and made a part hereof, Crrantar dces fully warrant the title to the abo�e describ�gd re�1 estate so hereby conveyed and will defend the same against the lawful claims of a[I person`s whoms¢,cver. _,, � , �' -- , __- , �� ,. , � „ , � � , � � , , . , _�� , [SIGI�A'I'URES BEGIN ON N�T PAGE] ,� ," �,'.,�� , �� , � ., „ , ,, , , ,, __ � , i , -,; ��,, , , �� ,, �> i , � � � � i � � " , � . � , � ' `> � � �� I , -- � � r �� ` . i `� � � � � � � � � � � � i � \\\ \,) 1 � �� I � � i � TPA:35314d-A �INELL'AS COLTNTY FL OFF. REC. BK 14278 PG 2511 . � r �� IN WiTNESS WHEREOF,the said GRANTOR has caused these presents to be signed the day `� ', , , and year above written. :_ �-�� Signed,sealed and delivered GRANI'OR: ' � ��' , � in the presence of: ' � � CLEARWATER C�LLECTION ASSO�IA'fi,ES, LTD.,a Florida limited parmership ,;.--`'��' �� - - , , � . , , �� , � (Witness i ture) By: Sembler Enterpri , It�aZ a �lorida Print Nam •. i n e- S��n�. corporatio , prtit8r��; __-' �� , -___ � „ By: , � � i s Signature) i )�� , , t rr�e: Steahanie P. Add�s �,t x�: ��;.�_ Its: ��b;c�.�� , �� r� ` \� \ � � � � � �i �� ` `i _' � � -`� \� � � STATE OF FLORIDA �' , , . , .� COUNI'Y OF PINELLAS ' ' ` ` y , � � � ,, � , , , � The fo going; t wa,s��clalow�e�ge� � ore me 's day o�,�• 2005,by �.�as � of Sem er Enterprises, Inc., a Florida c ' n, the gener$Y,�artner.df Clearwater Collection Associates, Ltd., a Florida limited partnership,on behal�'-of the cor.�rarion and partnership. He is personally Irnown to me. . ,'.'__ ,. , , � ., �� b ic-(Signature) � j 1 � ` \ I � ��e.. \ � � � / , �- My Commission aes: '' Q1PRr PUeG� �sTEPFIMIEPAD�DIs ` `�� ' '� y��pQ �uDDt4p92B�8ER � OFf� �M�� , AUG.23,2ppg 7PA:353140:4 30335-628 'PINELL'AS COUNTY FL OFF. REC. BK 14278 PG 2512 --- _ r EXFi�TT"A" PERMiT�ED EXCEPTIONS �� ='--1�� '� 1. Taxes and asscssmcnts for the year2005 and subsequed►t years. _ -'- - ,� - �� > I 2. Rights af tenants,as tenants only,tmdea written but unrecorded L,eases.(as to Parcel l).,. � � � � „ , , , 3. Terms and provisions of the easement reserved in Deed recorded in Official Reco�d;s�ok�`,'. � 14'79,page 95 and the Easement A�nt dated November 19,1986,which is'gftached�s� ��, � Exhibit"A"to Assignment recorded in Official Records Book 7319,page 993,o��the publi�� records of Finellas Coimty,Florida,as affected by said Assignment.(as tQ Pazse1�2�, ,.',' i , , ,� �-- 4. Drainage Easement recorded in Official Records Book 1657,page 679�kf the put%lrc records of Pinellas County,Florida.(as to Pancel3) , �� ,� , 5. Easement(s)granted to Pinellas County,recorded in Offici�l Records Book 1688,pagc 353,of the public records of Pinellas County,Florida.(as to Parcel,�}, ,� 6. Easement reco�+ded in Official Records Book 3722,�e"7�1�o��i�public records of Pinellas County,Florida.(as to Pancel3) � � � � ,, �� 7, Easement(s)grantsd to Pinellas County,r,cc�ded�?I�rcb,L 1973,in Official Records Book 3999,page 760,and amended by Amendment to Dr�ina$��ement recorded October 1, 1987, in Official Records Book 6592,page 14$1,of the��ubli�records of Pinellas Coimty,Florida. , , � ; 8. Easement(s)granted to Pinell�s'�o�n�ys�oc�drd�d�vlarch 2, 1973,in Official Records Book 3999,page 762,of the gublic,records of Rineilas County,Florida. .� 9. Terms and condidons��Int�rTo�a.l Agreement recorded Febniary 12, 1987,in Official Records Book 6426,page 39$;of t.�e putilic records of Pinellas County,Florida. , �, ,' , „ 10. Terms and con�itiqris pf.�arking and Driveway Easement recorded March 5, 1987,in�fficial Records Bdo�C 6�0;pag�4�02,and as amended by instcument recorded in Official Records Book 673u�;page 21 Z,pf tfie public records of Pinellas County,Florida. � , � , � , , , I 1. Terms�d�oa�i�op�of Operation and Reciprocal Easement Agreemeat recorded Mazch 5, ��98Z,in b�Ficial Records Book 6440,PaSe 2013,together with Amendments recorded in ,, \�cia�Ro�o�s Book 6735,page 217,Official Records Book 6921,page 129,Official `,'�Re�or�s Book 7541,page 849,OH`icial Records Book 7561,page 2I25,Official Records Book ��64,�page 451 and Official Records Book 12196,page 391,of the public records of Pinellas C��unty,Florida. , , 12:,.�sement(s)granted to Florida Power Corporation,recorded in Official Records Book 6504, page 1405,together with Subordination Agreements recorded in Official Records Book 8813, page 1298,Official Rxords Book 8813,page 1310,Official Rsconls Book 8835,page 951, Official Records Book 8835,page 955,Official Records Book 8835,page 959 and Officiai Records Book 9156,page 1563,of the public records of Pinellas County,Florida. 13. Easement(s}granted to The City of Clearwater,recorded in Official Records Book 6605,page 82,together with Subordination Agreements recorded in Official Records Book 8698,pa8e 1153,Official Rxords Book 8698,page 1157 and Official Records Book 88l 3,page 1278,of the public records of Pinellas County,Florida. TPA:353140:4 PII�,ELI;AS COUNTY FL OFF. REC. BK 14278 PG 2513 14. Easemart(s)ganted to The City of Clearwater,recorded in Official Records Book 6605,page•, 84,together with Subordination Agreement recorded'm Official Records Book 8698,Page ' ', 1126,Official Records Book 8698,page 1153 and Officiai Records Book 8698,page 1��'Z,of� , the public records of Pinellas County,Florida. _ �-'---,�, - �� > 15. Easeme,nt(s)granted to The City of Clearwater,recorded October 20, 1997,in Q�Cial I$ecords ` Book 6605,page 86,of the public records of Pinellas Couniy,Florida. ��,`.�'.' 16. Terms and conditions of Drainage Easement Agreement recoraed Nove�l5er 10;�98T,� Official Records Book 6618,page 2190,as affectod by instruments recc�r�Cl in Offiaial Records Book 8629,page 152 and Official Records Book 8681,page 394;of the public records of Pinellas County,Florida. � .-_, -- � , � � I \`\ 17. Easement(s)granted to Florida Power Corporation,recorded ia Official �$,ecords Book 6640, page 448,together with Subordination Ageements recorded in O��ia��:ecords Book 8813, page 1298,Official Records Book 8813,page 131Q Official Records Book 8835,page 951, � Official Records Book 8835,page 955,Official R�cbrds Book 8835,page 959 and Official i Records Book 9156,Page 1563,of the public records p�.PineJt�3 County,Florida. � � . �, , , �,�,, . , , j 18. Easement(s)granted to The City of Clearwat�r rer�d�iii Of6ciai Records Book 6698,page 907,together with Suboniination Agt�ents�re�ded in Official Records Book 8698,page 1126,Official Records Book 8698,-page��t33,�O�cial Records Book 8b98,page 1157 and ; ', Official Records Book 8813,paj�I27'8,o�tti�.�t�l3lic records of Pinellas County,Florida. , � , , � 19. Covenants,Conditions a�d.R �estrictions c,ontained in Wananty Deeds recorded in Oi�icial Records Book 6735,�age�QO,aud�0�'�Records Book 6735,page 206,of the public records of Pinellas County,Flonda. ' , 20. Declaration o��3ni�;af�itle recorded in Official Records Book 7540,page 2223,as partially released iq fSfficia�ReeoFEis Book 12196,page 508,of the public records of Pinellas County, Florida. � � 21. Pe,r�an�nt eas��nts and takings of the right of direct acce.cs as sex forth in instivments r�cbrded in Q�ici�i Records Book I0598,page 2406,in Official Records Book 10714,page ,, 6�0,,in Offi�Re�ords Book 10714,page 624,in Official Records Book 10714,page 628,in �.�Q$Fial-Re�rds Book 10741,page 2041,in Official Records Book 11704,page 1408 and in -____ �Q�i,cial�Fecords Book 11611,page 1495,of the public reoords of Pinellas County,Florida. �, �2:, Permaaent easements an.d talangs of the rig�it of direct access as set farth in instruments �� ,��ecorded in Official Records Book 10604,page 2207,in Official Records Book 10662,page �� , '353 and in Official Records Book 10874,page 2276,of the public records of Pinellas County, � , � , Florida. 23. Easement Agreement recorded in Official Records Book 12294,page 1770,of the public records of Pinellas County,Florida.(as to Parcel2) 24. Restrictions,conditions,reservations,easements and other mattas contai.ned on the Plat of The Cleazwatea Collcction Second Replat,as recorded in Plat Book 107,pagt 24,of the pubfic records of Pinellas County,Florida. ' TPA:353140:4 r � a��r� pA� � ?�e �irst State I, RARRIET SMITA WINDSOR, SECRETARY OF STATE OF TSE STA3'E OF DELAt�AItE, DD 9ERE8Y CERTIFY TIiE ATTACAED IS A TRUE AND CORRLaCT COPY OF TBE CERTIFICATE OF RMENDMLNT OF "TNI,AND 50Q'1'HEAST CLEARWATSR DEVTsI,OP1�NT, L.L.C. ", CEANGING ITS NAME FROM "�Nl�1ND SOt1TSE1lST CLEAR�ATER DEVELOPI�NT, �.L.C. " TO "DDR SOOTBEAST CLEARWi�iTL�'R DEVEI�OPMENl', L.Z.C. ", FILED IN TBIS OFFICE ON TEE TWENTIETH DAY OF APRIZ, A.D. 2a47, AT 5:27 O�CLOCS P.M. ��t►s►rs �'�r� • � { �jf . y •i � �r.t'!VL''�'L.C. �i-'�J�'�J//�C.vt�.�Q��J 0 o a�. o Harriet 5mtth Windsor,Secreiary of State 3619190 82Q0 0�' �' ADTHENTICATION: 56159Q8 07046I992 • �w� DATE: 04-23-07 . . ' ,. . 8tate of Delamaxg 3eore�y of.3tate Divis#an ofrp�o� t,iains ��27 PM 09/2Q%00707 SRV 07046Z992 - 36I9190 F'aE CERTIFICATE OF AMENDMENT OF INLAND SOUTHEAST CLEARWATER DEVELOPMEI�T,L.L.C. 1. The name of the Iimited liability company is Inland Southeast Clearvvater Develapment, L.L.C. 2. The Certificate of Forcnation �f the limited liability company is hereby amended as �O�IOWS: F1RST: The name of the limited liabitiry cornpany forrned hereby is DDR Southeast Clearwater Devel�pment, L.L.C. I;�t WITNESS WNE.REOF, the �uide�signed bas eaecuted this Certificate of Amendment of Inland Southeast Cleanvater Developrnent,L.L.C.this )r�ft• day of April.Z007, [NLAND SOUTHEAST CLEARWATER DEVELOPMENT.L.L.C. a Delaware Limited liability compatty By Inittnd Retail Real Estate Limited Partnership iis Sole Member By DDR i Acquisition C [ts Gene artner By: •�G� D ' . eiss,Senior V ice P��esident