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REZ2013-04002- Clearwater MEETING DATE: AGENDA ITEM: CASE: REQUEST: GENERAL DATA: Agent........................... Applicant / Owner Location. Property Size ANALYSIS: Site Location and Existing Conditions: This case involves two parcels with a total acreage of 23.75 located on the west side of North Belcher Road between Sunset Point Road and Montclair Road. The western parcel (11.23 acres), addressed as 2200 Montclair Road, is owned by David B. and Sharon Webb and contains a single family home and one building (7,984 square feet) associated with the wholesale plant nursery. The eastern parcel (12.52 acres), addressed as 2251 Montclair Road, is owned by Webb's Nursery, Inc. and is currently used as a wholesale plant nursery with two buildings (totaling 6,280 square feet) and planting areas. The subject site was acquired in 1921 by the Webb family and was part of Webb family land holdings in the area that originally totaled 150 acres. From 1921 to 1950 the Webb family's 150 acres operated as an orange grove and contained a single family home built in 1925 where the Webb family lived. In 1950 the eastern portion of the Webb family land holdings was converted to a plant nursery, with the single family home remaining on the western portion. Other parcels of the original land holding were sold off and others retained (e.g., the property to the west is owned by the Webb family but has a long -term lease agreement with Publix Super Markets, Inc.). Both properties contain preservation land and portions of Beckett Lake, totaling approximately 7.9 acres, the remaining 15.85 acres consisting of developable uplands. The parcels are both currently under the jurisdiction of Pinellas County, but a Petition for Annexation (ANX2013- 04007) in the City is being processed concurrently with this application. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT June 18, 2013 F.5. REZ2013 -04002 To amend the present Zoning Atlas designation from RPD -7.5, Residential Planned Development (7.5 Units Per Acre Max Density) category (Pinellas County) to the Medium High Density Residential (MHDR) and Preservation (P) categories (City of Clearwater). E.D. Armstrong, Esquire, Hill Ward and Henderson, Attorneys at Law David B. and Sharon Webb and Webb's Nursery, Inc. 2200 and 2251 Montclair Road, located west of North Belcher Road between Sunset Point Road and Montclair Road. 23.75 total acres; 15.85 acres of uplands LOCATION MAP AERIAL PHOTOGRAPH F.5. Clearwater Level III Zoning Atlas Amendment Application Review Request: The request is to change the property's Zoning Atlas designation of RPD -7.5, Residential Planned Development (7.5 Units Per Acre Max Density) category (Pinellas County) to the Medium High Density Residential (MHDR) and Preservation (P) categories (City of Clearwater).The subject property will function with the existing single family home use and plant wholesale nursery use until the property is sold and redeveloped. It is anticipated that the single family home will remain and the rest of the property will be redeveloped as multifamily housing. A development application has not been submitted at this time; however, the applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Vicinity Characteristics: Adjacent to the property, to the north (across Montclair Road) are condominiums and townhomes, to the south (across Sunset Point Road) is a pharmacy and offices, to the west is an assisted living facility, single family homes and the remainder of Beckett Lake, and to the east (across North Belcher Road) is a grocery store, bank and gas station. Abutting the subject property is a variety of Zoning Atlas designations; the Commercial District (C) shares the largest portion of the linear perimeter boundary with approximately 1,624 feet or 38 percent (see Figure 1). The area is characterized by primarily residential development to the north and west and primarily commercial and office uses to the south and east. A complete listing of the surrounding land uses, Future Land Use Map designations and Zoning Atlas designations are shown in Table 1. PLANNING & DEVELOPMENT LONG RANGE DIVISION FUTURE LAND USE MAP Totnhames Smgt Family Hamm YoIaYiitiil/ Ph kW& MX II rAm• -�— • eacmill mod' WOK Wa: Walt • Cif C Pharmacy VIAL' 11111111111 Raiment Offices GEO a li m hi y Family ritg ha Hanes BOO of 1iii —el —elms hi lWd 'Nihi Alia Arab Liih IS la -ha 'Ea high th WM hi UM hi bilks mukta EXISTING SURROUNDING USES MAP Community Development Board — June 18, 2013 REZ2013- 04002- Page 2 of 10 Clearwater Level III Zoning Atlas Amendment Application Review Figure 1. Abutting Zoning Atlas Designations • Commercial (C) Office (0) • Medium Density Residential (MDR) RPD -7.5 Low Medium Density Residential (LMDR) • Preservation Table 1. Surrounding Future Land Use and Zoning Designations PLANNING & DEVELOPMENT LONG RANGE DIVISION Existing ('nnditions FLUM Designation Zonine Atlas Designation Direction North: Condominiums, townhomes Residential Urban (RU) RPD -7.5 (County) East: Grocery store, bank, gas station Residential/Office /Retail (R/O/R) Commercial (C) South: Pharmacy, Car wash Commercial General (CG) Commercial (C) West: Assisted living facility, single family homes, lake Residential Low Medium (RLM); Residential Urban (RU); Water /Drainage Feature; Preservation (P) Medium Density Residential (MDR); Low Medium Density Residential (LMDR); Preservation (P) REVIEW CRITERIA: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4- 602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards as per Section 4- 602.F. Community Development Board — June 18, 2013 REZ2013- 04002- Page 3 of 10 Clearwater atel Level III Zoning Atlas Amendment Application Review Table 2. Consistency with Community Development Code Standards PLANNING & DEVELOPMENT LONG RANGE DIVISION CDC Section 4 -602 Standard Consistent Inconsistent F.1 F.2 F.3 F.4 F.5 F.6 The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. The amendment does not conflict with the needs and character of the neighborhood and the city. The amendment will not adversely or unreasonably affect the use of other property in the area. The amendment will not adversely burden public facilities, including the traffic- carrying capacities of streets, in an unreasonably or disproportionate manner. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X X RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and City Regulations [Section 4- 602.F.1] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Policy A.1.1.3 Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Policy A.2.2.2 Residential land uses shall be sited on well- drained soils, in proximity to parks, schools, mass transit and other neighborhood - serving land uses. Goal A.4 The City shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The citywide design structure will serve as a guide to Community Development Board — June 18, 2013 REZ2013- 04002- Page 4 of 10 Clearwater Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION development and land use decisions while protecting those elements that make the City uniquely Clearwater. Policy A.5.2.3 Identify Designated Scenic Non - Commercial Corridors: specially designated roadway for which policies exist to preserve traffic capacity and to protect the aesthetic qualities of the roadway corridor as well as limiting commercial development. Objective A.5.3 Use the city -wide design structure as a guide to preserve the existing character of certain corridors within the City of Clearwater. Policy A.5.3.1 Preserve the residential character of the designated scenic non - commercial corridor of Belcher Road from Sunset Point Road to the northern City Limits. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Objective B.1.4 The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. Objective C.1.1 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. Policy F.1.5.3 The City shall protect and prevent disturbance of any natural wetland areas whether publicly or privately owned, by utilizing assessments and authority provided by the Florida Department of Environmental (FDEP), the Southwest Florida Water Management District (SWFWMD), Pinellas County and the Army Corps of Engineer. Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The proposed Medium High Density Residential (MHDR) and Preservation (P) categories provide a transition from the higher intensity commercial and office uses to the south and east to the lower density single family homes to the west and is compatible with the attached dwelling uses to the north. Although an application for development has not been submitted at this time the property owners have indicated their intent to sell the eastern parcel for redevelopment as multifamily housing. This will add to the availability of housing type choices in the vicinity and City. The subject site is located in an otherwise developed urban area so presents a unique opportunity for infill development of an approximately 15.85 acre upland site that has been used for agriculture uses for over nine decades. This is a rare opportunity due to the City's limited supply of vacant land. The subject site is located in proximity to parks (Frank Tack Park and Montclair Park, both a short distance to the west), schools (three elementary schools and two middle schools are less Community Development Board — June 18, 2013 REZ2013- 04002- Page 5 of 10 Clear Water Level III Zoning Atlas Amendment Application Review J3`3a.9eY, .Ycw , x?r`F6a `.i+t" S,Ra.' *"•:•:. , PLANNING & DEVELOPMENT LONG RANGE DIVISION than two miles from the subject site), mass transit (PSTA Route 76 operates to the north of the subject site, approximately 0.4 -mile walking distance) and other neighborhood- serving uses (e.g., pharmacy to the south; bank and grocery store to the east). The proposed amendment also supports the goals, objectives and policies related to the citywide design structure, particularly the preservation of North Belcher Road as a Scenic Non - Commercial Corridor that is residential in character. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). The eastern parcel had a jurisdictional wetland survey performed in 2008 coordinated with the South West Florida Water Management District (SWFWMD) providing a clear delineation of the wetlands to be preserved. Compatibility with Surrounding Property /Character of the City & Neighborhood [Section 4- 602.F.2, 4- 602.F.3 and Section 4- 602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of single family homes, an assisted living facility, condominiums, townhomes, a grocery store, a bank, a gas station, an office and a pharmacy. The Zoning Atlas designations of surrounding properties include Low Medium Density Residential (LMDR), Preservation (P), Medium Density Residential (MDR), RPD -7.5, Residential Planned Development (7.5 UPA Max Density) (Pinellas County), Commercial (C), and Office (0). The portion of the Top of the World development immediately adjacent to the subject property to the north has the Pinellas County zoning designation of RPD -7.5, Residential Planned Development (7.5 UPA Max Density), but the portion of the Top of the World development approximately 490 feet west of the subject property to the north has the Pinellas County zoning designation of RM- 15, Residential Multiple Family (15 Units Per Acre Max Density) District which is the County equivalent of the Medium High Density Residential (MHDR) District in the City. The proposed Medium High Density Residential (MHDR) District primarily permits moderate to high density residential. The intent of the Medium High Density Residential (MHDR) District is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium high density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Zoning Atlas designation will allow infill development of the subject property to take place. A medium density residential use will serve as an appropriate transition from the residential areas to the north and west to the commercial and office uses to the south and east, adding to the appeal of the neighborhood and overall attractiveness of the City. Recommended Conclusions of Law: The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations in the area. Further, the proposal is compatible and consistent with the uses and character of the surrounding properties and neighborhood in the vicinity of the subject property. Community Development Board — June 18, 2013 REZ2013- 04002- Page 6 of 10 Clearwater Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Sufficiency of Public Facilities [Section 4- 602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map and Zoning designations were analyzed. Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. The request for amendment to the Residential Medium (RM) Future Land Use Map classification would increase the amount of development potential allowed on the site (see Table 3). Table 3. Development Potential for Existing & Proposed FLUM Designations The proposed change in designation would allow an increase in the allowable density and floor area ratio (FAR) and thus an increase in dwelling units and square footage. The current RPD -7.5 District (Pinellas County) primarily permits residential uses with a maximum density of 7.5 units per acre. The proposed Medium High Density Residential (MHDR) District primarily permits moderate to high density residential uses. As shown in Table 4 below, the proposed change will result in an increase in demand of public facilities and services, but will not degrade them below acceptable levels. Community Development Board — June 18, 2013 REZ2013- 04002- Page 7 of 10 Present FLUM Designation "RU" Requested FLUM Designation «RM„ Net Change Site Area 15.85 AC (690,426 SF) 15.85 AC (690,426 SF) Maximum Development Potential 118 DUs 276,170 SF 0.40 FAR 237 DUs 345,213 SF 0.50 FAR 119 DUs 69,043 SF 0.10 FAR Abbreviations: FLUM — Future Land Use Map DUs — Dwelling Units AC — Acres FAR — Floor Area Ratio SF — Square feet The proposed change in designation would allow an increase in the allowable density and floor area ratio (FAR) and thus an increase in dwelling units and square footage. The current RPD -7.5 District (Pinellas County) primarily permits residential uses with a maximum density of 7.5 units per acre. The proposed Medium High Density Residential (MHDR) District primarily permits moderate to high density residential uses. As shown in Table 4 below, the proposed change will result in an increase in demand of public facilities and services, but will not degrade them below acceptable levels. Community Development Board — June 18, 2013 REZ2013- 04002- Page 7 of 10 Clearwater Level III Zoning Atlas Amendment Application Review Table 4. Public Facilities Level of Service Analysis PLANNING & DEVELOPMENT LONG RANGE DIVISION The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer 's (ITE) Trip Generation 9th Edition. The table shows an increase of 67 PM Peak Trips when comparing the existing uses to the maximum development potential of the proposed future land use classification. However, when comparing the existing maximum development potential to the proposed maximum development potential, the table shows only a slight increase of 29 PM Peak Trips; both increases are minimal. A traffic analysis was prepared by the applicant based on a methodology approved by the City's Engineering Department. The level of service for the intersections and roadway segments studied is acceptable (LOS D or better) with the expected vehicular trips generated from the proposed residential development. The need of exclusive turn lanes to an unsignalized driveway will be evaluated when an application for development approval is submitted. Community Development Board — June 18, 2013 REZ2013- 04002- Page 8 of 10 Maximum Potential I acilities Present FLUM Designation "RU" Impact to Public /services Requested FLUM Designation "RM" Net Chan_e Capacity Available? Public Facility/Service Streets 1,078 Trips' 1,617 Trips' 539 Yes Potable Water 19,984 GPD2 61,714 GPD2 41,730 Yes Wastewater 16,013 GPD2 - 55,543 GPD2 39,530 Yes Solid Waste 150.5 Tons/Year 600.7 Tons/Year 450.2 Yes Parkland 1.0 Acres3 2.1 Acres3 1.1 Yes Notes: 1. Based on average daily • Residential • Residential 2. GPD — Gallons per day. 3. Based on 4.0 acres of trips per acreage figure, Pinellas County Countywide Plan Rules. Urban (RU) — 68 vehicle trips per day per acre. Medium (RM) — 102 vehicle trips per day per acre. parkland per 1,000 persons and 2.2 persons per unit. The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer 's (ITE) Trip Generation 9th Edition. The table shows an increase of 67 PM Peak Trips when comparing the existing uses to the maximum development potential of the proposed future land use classification. However, when comparing the existing maximum development potential to the proposed maximum development potential, the table shows only a slight increase of 29 PM Peak Trips; both increases are minimal. A traffic analysis was prepared by the applicant based on a methodology approved by the City's Engineering Department. The level of service for the intersections and roadway segments studied is acceptable (LOS D or better) with the expected vehicular trips generated from the proposed residential development. The need of exclusive turn lanes to an unsignalized driveway will be evaluated when an application for development approval is submitted. Community Development Board — June 18, 2013 REZ2013- 04002- Page 8 of 10 Clearwater Level III Zoning Atlas Amendment Application Review Table 5. Trip Generation Comparison by Zoning Atlas Designation PLANNING & DEVELOPMENT LONG RANGE DIVISION Land Use Development Potential Avg. Daily Trips Net Change Avg Daily Trips PM Peak Trips Avg Rate PM Peak Trips Net Change PM Peak Trips Existing Designation: RPD -7.5 (Pinellas County) Existing Single - Family Detached Home' (9.57 trips/Dwelling unit) 1 DU' 10 N/A 1.00 1 N/A Existing Nursery (Wholesale)2 (29.90 trips /1,000 SF GFA) 14,264 SF6 426 N/A 5.52 79 N/A Single Family Detached Housing3 (9.57 trips /Dwelling unit) 118 DU' 1,129 N/A 1.00 118 N/A Proposed Designation: Residential Medium District 1,140 67 (Compared w/ (Compared w/ Existing) Existing) Apartment4 (6.65 trips/Dwelling unit) 237 DU8 1,576 447 (Compared w/ 0.62 147 29 (Compared w/ Maximum Maximum Development Development Potential) Potential) Abbreviations and Notes: N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area 1. Institute of Transportation Engineer's Trip Generation 9th Edition Land Use 210. 2. Institute of Transportation Engineer's Trip Generation 9th Edition Land Use 818. 3. Institute of Transportation Engineer's Trip Generation 9th Edition Land Use 210. 4. Institute of Transportation Engineer's Trip Generation 9th Edition Land Use 220. 5. Materials submitted by the applicant indicate there is currently one detached single family home on the western parcel. 6. The Pinellas County Property Appraiser website provides the square footage of the existing Nursery buildings. 7. Total dwelling units permitted by the underlying RU Future Land Use Map category is 7.5 units per acre. 8. Total dwelling units permitted by the underlying RM Future Land Use Map category is 15 units per acre. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on either North Belcher Road or Sunset Point Road. There is an increase in demand for potable water and parkland, and generation of wastewater and solid waste, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. Location of District Boundaries [Section 4- 602.F.6] Recommended Findings of Fact: The location of the proposed Medium High Density Residential (MHDR) District boundaries is consistent with the boundaries of the subject property. The proposed Medium High Density Residential (MHDR) District is compatible with the single family residential use to the west, the multifamily use to the north, and the commercial and office uses to the south and east. The Community Development Board — June 18, 2013 REZ2013- 04002- Page 9 of 10 Clearwater Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Preservation (P) District boundary is consistent with the 2008 SWFWMD jurisdictional wetland survey. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. REVIEW PROCEDURE: Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject property. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Zoning Atlas amendment from the RPD -7.5, Residential Planned Development (7.5 Units Per Acre Max Density) category (Pinellas County) to the Medium High Density Residential (MHDR) District and Preservation (P) District. Catherine Lee, AICP Planner III Prepared by Planning and Development Department Staff: ATTACHMENTS: Resume Photographs of Site and Vicinity Community Development Board — June18, 2013 REZ2013- 04002- Page 10 of 10 Catherine Lee, AICP, LEED Green Associate 100 South Myrtle Avenue Clearwater, FL 33756 727 -562 -4557 catherine .lee(a)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 Institute of Certified Planners (2012 to Present) • American Planning Association (2008 to Present) • LEED Green Associate (2011 to Present) View looking south at the subject property, 2200 Montclair Rd. Nursery office building on western parcel View looking south at eastern parcel storage shed and nursery planting area View looking south at the subject property, 2251 Montclair Rd. Nursery storage building on eastern parcel View looking north at the subject property (Beckett Lake) from Sunset Point Rd. LUP2013 -04002 & REZ2013 -04002 Webb, David B. & Sharon and Webb's Nursery, Inc. 2200 & 2251 Montclair Road Across Montclair Rd., to the north of the subject property, Top of the World condominiums View looking easterly along Montclair Road Across North Belcher Rd., to the east of the subject property, gas station Across Montclair Rd., to the north of the subject property, Villas of Lake Arbor townhomes View looking westerly along Montclair Road Across North Belcher Rd., to the east of the subject property, Publix grocery store LUP2013 -04002 & REZ2013 -04002 Webb, David B. & Sharon and Webb's Nursery, Inc. 2200 & 2251 Montclair Road Across North Belcher Rd., to the east of the subject property, Bank of America View looking southerly along North Belcher Road Across Sunset Point Rd., to the south of the subject property, office building View looking northerly along North Belcher Road Across Sunset Point Rd., to the south of the subject property, Walgreens pharmacy View looking easterly along Sunset Point Road LUP2013 -04002 & REZ2013 -04002 Webb, David B. & Sharon and Webb's Nursery, Inc. 2200 & 2251 Montclair Road View looking westerly along Sunset Point Road West of the subject property frontage on Sunset Point Rod., single family homes West of the subject property frontage on Sunset Point Rd., Beckett Lake preservation area West of the subject property frontage on Montclair Rd., assisted living facility LUP2013 -04002 & REZ2013 -04002 Webb, David B. & Sharon and Webb's Nursery, Inc. 2200 & 2251 Montclair Road Ckarwater Planning & Development Department Zoning Atlas Amendment Application ALL APPUCATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADUNE DATE. A TOTAL OF 11 COMPLETE SETS OF APPUCATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMfiTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS ANO APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLE AND POLDED INTO SETS. IT Ili INCUMBENT UPON THE APB TO SUBMIT comiurt AND CORRECT WIPORMAT)ON. ANY MISLEADING, tiontinsva, IN OMPLEftOR INCORRECT IN O*MATIO I MAT W4VALIOA'TI YOUR APPLIEATION. TM ',mower, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE OMMUNITY DEVELOPMENT CODE. APPUCATION FEE: PROPERTY OWNER(S) (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PRONE NUMBER: EMAIL: ADDRESS OR SUBJECT PROPERTY (if ): PARCEL NUMBEINSk LEGAL DIS[1IIPTIONt 5 Se Rezoning Only If submitted concurrently with corresponding Future Land Use Map Amendment (FLUM Amendment fee Inclusive of rezoning) Webb's Nursery, Inc. David B. and Sharon Webb 2251 Montclair Road, Clearwater, FL 33763 2200 Montclair Road, Clearwater, FL 33763 727 - 799 -2118 727- 799 -2118 webbs.nursery@verizon.net E.D. Armstrong, Esquire, Johnson, Pope, Bokor, Ruppel & Burns 911 Chestnut Street, Clearwater, FL 33757 727 -461 -1818 ada(41jpfirm,com 1251 & 1200 Montclair Road 4-194640090-2304200 end 6.29 -16- 23M0106 Ste ExM bit A REASENI itmernto To achieve zoning Ms with irgRestsdRM P. eaSsgory. AMENDMENT: Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 .4567; Fax: 727.562 -4865 Page 1 of 5 Revised 03/12 :es - K:1Webbs NurseryWermdskZoning Atlas Amendment Applicatlon.pdf Ckarwater Planning & Development Department Zoning Atlas Amendment Application PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. FUTURE LAND USE PLAN DESIGNATION PRESENT: REQUESTED: ZONING DISTRICT PRESENT: REQUESTED: City of Clearwater MHDR and P, Preservation RU, Residential Urban RM, Residential Medium and P, Preservation Pinellas County RPD 9.3 SITE AREA: sq. ft. MAXIMUM ALLOWABLE DENSITY /INTENSITY(S) : Current /Existing Future Land Use(s): Proposed Future Land Use(s) (if applicable): (units, rooms or beds per acre or non- residential square footage) 121 d.u. maximum 242 du maximum ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: Pinellas County RPD 7.5 & RM -15 South: East: West: 23.75 acres USE(S): Existing (currently on site or previous use if vacant): Proposed (new use, if any; plus existing if to remain): Plant & Nursery and Single Family Home Multi- Family and Single Family Residential Clearwater C + 0 Clearwater C Clearwater MDR + LMDR STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Sworn to and subscribed before me this 19-11./.1 day of Signature of property owner or representative E.D. Armstrong . to me and /or by E. u . [n jbYLj , who is personally known has produced JJ as identification. Notary public, My commission expires: Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727- Page 2 of 5 :es - K: \Webbs Nursery\Permits \Zoning Atlas Amendment Application,pdt OPARM ission r iv; Expires January '•, • *sle BondedThn, Troy Fain Wwxcr800- 385,70% Revised 03/12 Clearwater Planning & Development Department Zoning Atlas Amendment Standards for Review PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) STANDARDS FOR REVIEW EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS ZONING ATLAS AMENDMENT. 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Ses Exhibit B 2. The available uses to with the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. Ses Exhibit B 3. The amendment does not conflict with the needs and character of the neighborhood and city. See Exhibit B 4. The amendment will not adversely or unreasonably affect the use of other property in the area. See Exhibit B 5. The amendment will not adversely burden public facilities, including the traffic - carrying capacities of streets, in an unreasonably or disproportionate manner. See &tidbit B 6. The district boundaries are appropriately drawn with due regard to the locations and classifications of streets, ownership lines, existing improvements and the natural environment. See Exhibit B Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727 - 562 -4865 Page 4 of 5 Revised 03/12 :es - K:IWebbs NurserytPermits\Zoning Atlas Amendment Application.pdf Uearwater Planning & Development Department Petition for Annexation Affidavit to Authorize Agent /Representative 1. Provide names of all property owners on deed — PRINT full names: Webb's Nursery, Inc. 2. That (I am /we are) the owner(s) and record title holder(s) of the following described property: 2251 Montclair Road, Clearwater, Florida 3. That this property constitutes the property for which a request for (describe request): Annexation, Land Use Plan Amendment and Rezoning Applications 4. That the undersigned (has /have) appointed and (does /do) appoint: E.D. Armstrong, Esquire as (his /their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That si - visits to the property are necessary by City representatives in order to process this application and the owner : uthi i cy ' •resentatives to visit and photograph the property described in this application; P•' 7. That • "n% " a ify that the foregoing is true and correct. P •perty Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS ( DAY OF %)//i(Z.;, 11 a,rNPS - 4k /e , PERSONALLY APPEARED WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE /SHE FULLY UNDERSTANDS THE Cci JTENTS OF THE AFFIDAVIT THAT HE /SHE SIGNED. CYNTHIA J. GAY Commission # EE 1P8762 Expires May 13, 2016 eoidsd11rrTlofFU lama 0004867019 // Notary Public •I: ature Notary Seal /Stamp — My Commission Expires: Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 -562 -4567; Fax: 727 -562 -4865 Page 6 of 7 Revised 01/12 es - K.IWebbs Nursery\Permils\Petilion for Aonexaiion pdt Ckarwater Planning & Development Department Petition for Annexation Affidavit to Authorize Agent /Representative 1. Provide names of all property owners on deed — PRINT full names: David R. and Sharon Webb 2. That (I am /we are) the owner(s) and record title holder(s) of the following described property: 2200 Montclair Road, Clearwater, Florida 3. That this property constitutes the property for which a request for (describe request): Annexation, Land Use Plan Amendment and Rezoning Applications 4. That the undersigned (has /have) appointed and (does /do) appoint: E.D. Armstrong, Esquire as (his /their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (i /we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner a w.4 Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS y� - U .1'1 DAY OF fit• PERSONALLY APPEARED /+pl G't1 e bb � - i. t (. ..JP WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE /SHE FULLY UNDERSTANDS THy9NTENTS OF THE AFFIDAVIT THAT HE /SHE SIGNED. ,/ Notary Seal /Sta CYNTHIA J. GAY t* Commission # EE 188782 Expires May 13, 2016 aseranwnvim orsc.snau- 4 Notary Public SI y Commission Expires: ature Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 -562 -4567; Fax: 727 - 562 -4865 Page 6 of 7 Revised 01/12 es • Kawebbs Nursery1Permils1Pelilion tor Armexalion pol EXHIBIT A LEGAL DESCRIPTION OWNERS: WEBB'S NURSERY, INC. & DAVID B. AND SHARON WEBB ANNEXATION, LAND USE PLAN AMENDMENT AND REZONING APPLICATION J•\ 308\ Doto\Dwge \LS \308_LS1_Nurserydwg - Mar 25, 2013 0 8:41om - Potenoude 1HIS IS WI A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THE LEGAL DESCRIPTION SHOWN HEREON WAS CREATED BY FLORIOA DESIGN CONSULTANTS, INC., AT THE CLIENTS REOUEST. BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: A poresi of lend being o portion of the Southwest 1/4 of the Northwest 1/4 of Ssetion 6. Township 29 South. Rongs 16 East. Penalise County. Florid•. being more p'rlieulerly described es follows: Commence et the Southwest eornsr et the Southwest 1/4 el the Northwest 1/4 of Ssetion 6, Township 29 Seath, Ren p 16 Best, Pinsllss County, Flerids; thence NO0°34'41"8, along the West line of sold Southwest 1/4 of the Northwest 1/4 of Section 6 (Sting Ihs boils of bserin , ter this Isle( description), for 1347.82 feet to the Nerthwst weer of said Southwest 1/4 of Ni I Northwest 1/4 of Ssotien 6; 'hens* NIS'SS'41'2, 'long the North lino of ssld Southwest 1/4 of the Northwest 1/4 Of Section 6, sues' bikini the South Right - of -Wsp line of Menfeleir Rood (formerly sunset Point Cesohn/on Reed) esserding to Board of County CslMwiefisn Minute Soak 5. pegs 80. of fhs Public Rsserds of Pisett *s (levity, Plsride, ter 413.79 toot to the POINT OF BEGINNING: Mono* eentinus NO9t 55'41 "E, stow, slid North Tine of the Southwest 1/4 of Ihs Northwest 1/4 of Ssetion 6. some being said South 114,1t -ef -Wey line of Mentelsir Roof, se-cording to Board of County Commission Minute Book 5, pop SO, for 608.76 fool; thence Ike following three (3) courses •tong Ihs Southerly Right- et -Wsy line of Montclair Rood oecording the Official Records Book 4609. page 203. e1 the Public Records of Pinelles County, Florida; (1) thsnoe leering said North line •1 the Seuthwst 1/4 of the Northwest 1/4 et Section 6. SO0627'47'8. for 16.66 foot le the point of intersection with e non-tangent curve. sensors Southerly; (2) thence Easterly •long the arc of said curve. from e radial bearing of NO0u27'48 "E, having o radius of 210.00 feet. a central angle of 304'45'41 ", on arc length of 112.75 feet, and o chord bearing S74•09'22 "E for 111.40 feet to the point of tangent: (3) thence S38 °46'31'E. for 92.56 feet; thence leaving said Southerly Right-of-Way line of Montclair Rood according the Official Records Book 4609. pogo 203, S11 °58'56 "E, along the Southerly Right -of -Way line of Montclair Rood according the Official Records Book 4715. page 2002. of the Public Records of Pinellas County. Florida. for 15.06 feet to the point of intersection with the Westerly Right -of -Way line of Belcher Rood (County Rood 94) according to said Official Records Book 4609. page 203; thence S34 °48'39 "W, along said Westerly Right- of-Woy line of Belcher Rood (County Rood 94) according to Officio! Records Book 4609. page 203. for 849.29 feet: thence the following six (6) courses along the Westerly Right-of-Way line of Belcher Rood (County Rood 94) according to Officio) Records Book 8312, page 1478. of the Public Records of Pinsllss County, Florida; (1) thence 339.16'15 "w, for 276.32 feet; (2) thence S34 °48'34'8, for 81.44 feet; (3) !boric, N55'II'26 "W, for 27.00 feel; (4) thence S34 °48'34'8, for 80.00 feet: (5) thence S55 °11'26'E. for 27.00 feet: (6) thence S34 °48'34 "W. for 129.62 feel to the point of intersection with INC Northerly Right-ef -Wey line of Sunset Point Revd (State Rood S-568) 'ccording to said Official Records Book 8312. pogo 1476; thence 370'16'12 "W. along said Northerly Right-of-Way line of Sunset Point Rood (Stole Reed 5 -566) oecording to Official Records Book 8312. pogo 1476. for 53 95 feet to the point of intersection with a non - tangent curve, concave Northerly; PREPARED POI Sett OEs061,11O0k A" •S NUR RY ESCRIPTICN AND SKETCH - NURSERY SITE NONE 3 -14 -13 Omsk 4TP JOB ft.: ant 2008 -30 308 6 LCs CHUM: RC W 101.190: 29 S RANGE: (6 E FLORIDA DESIGN CONSULTANTS1 INC. ENGINEERS, ENVIRONMENTALISTS SURVEYORS 8 PLANNERS 3030 Slorkey Blvd. New Pori Richey, Florida 34655 (727) 849 -7588 Certificate of Authorization: LB 6707 State of Florida NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LIE 0 SURVEYOR AND MAP R. ROBERT C. WRIGHT, JR. PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 4965 STATE OF FLORIDA ®Copyright 2013 Florida Design Consultants, Inc Drawings and concepts moy not be used or reproduced without written permission Sheet _J,_ of _ J \ 308\ Dola \Owgs\LS \308_LS1_Nurserydwg - Mo.' 25, 2013 0 8:41om - potenoude THIS IS NQI A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND N THE PUBLIC RECORDS OF THIS COUNTY. THE LEGAL DESCRIPTION SHOWN HEREON WAS CREATED BY FLORIDA DESIGN CONSULTANTS, INC., AT THE CLIENTS REQUEST. BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION CONTINUTED: thence Westerly along said Northerly Right -of -Way line of Sunset Point Rood (Slate Rood 5-588) occording to Official Records Book 8312. page 1478. along the arc of said curve. from o radio! bearing el 500.06'56'E. hewing a radius of 34,120.10 feet, o control ongfe of 00606'50 ", an ere length of 67.80 feet, end a chord bsoring 689.54'28 "W for 67.50 feet is the point of intersection with o non- tangent line; thence leaving seed Northerly Right -9l -Way line •f Sonnet Point Rood Mote Reed 5 -585) occording is Official Records Seek 8312, peg• 1478. N30•IO'IS'it, for 35.77 feet; thence N59•37'03'E, for 34,81 feet; thence IM4•39'02 "6, for 27.73 feet: thence N70.3e'26 "E. for 35.22 feet; !hones 665.03'37 "E, for 17.00 foot; thence N35•3e'47 "E, for 34.23 feel; thsnse N41.32'96'E, ter 45.45 feet: thence 255•11'27'E, for 2.64 feet; thence N34•4$'34't€, fer 14.46 feet; thence N33•iI'26'W, for 27.00 lest; thence 1f34.4$'34 "E, lsr 90.00 feet; thanes N53.03.00 "W, for 36.65 foot: thongs N25•31'IO'W, for 119.04 feet; thence N34•51'01 "W, for 207.11 feel; thence N29 °I8'06'W, for 66.82 feet; thence N47.36'091i, for 130.01 feet; thence NI5.28'I6'E, for 217.95 feet; thence NO3•1.6'38'E, for 223.16 feet; thence NI6 °23'32 "W. for 46.91 feet; thence N00•O0'00"E, for 103.72 feet le the POINT OF BEGINNING. Containing 543,436 square feet or 12.522 acres, more or less. LINE TABLE UNE BEARING LENGTH 1.32 N5010181 35.77' 133 N5517'03 1 34.61' 134 N44'39'021 27.73' 135 N7018161 35.22' L36 S65'03'37'E 17.00' L37 N58'38'47"E 24.23' 1.38 N41'52'551 45.45' L39 S55't1'27"E 2.64' LINE TABLE LINE BEARING LENGTH L40 N34'48'34"E 14.46' L41 N55'11'26'w 27.00' 1-42 N34'48'341 90.00' 1.43 NO3'03'00'1V 36.69' 1.44 N2511'l0'w 119.04' L45 N34'S1'Ol"W 207.11' 1.46 N2918'08'111 66.82' 1.47 N4716'09 1 130.01' CURVE TABLE CURVE RAMS LENGTH g1011l! BEARING DELTA RADIAL KARINB CI 34120,10 67.80' 67.00' 58634' 0008' 900118'501 C2 210.00 _112.75' 111.0i 9740,12.1 30'4541 N00'27'441 LINE TABLE UNE EARSIG LENGTH 1.48 N1576181 217.95' L49 NO3'16'381 223.16' L50 N16'25'32 "W 46.91' 1.51 N00'00001 109.72' 1.52 N89'55'411 600.78' 1.53 S00'27'47'R 16.88' 155 S58'46'J11 92.56' 1.56 51118'56.E 15.06' LINE TABLE UNE BEARING LENGTH L57 534'48'39'0 849.29' 158 S3916'15'W 276.32' 1.59 S34'48'34'W 81.44' L60 N55'1I'26'W 27.00' 161 534'48'34'W 80.00' 1.62 S5511161 27.00' 163 534'4814'W 129.62' L64 S7016't2 "W 53.95' ABBR IAATIONS LEGEND COOS - County CemmleeIen Minute Rook nor - Easement MOT - Flerldo Department el Transmartstien n Corporate CertMatotten Number - 001e10 Reaerp Seek PA - Preeerty Appretws Abe ato PG(5) PCSO v. Pigmies County Survey Depertrnsnt POO Point of Ayinnin9 R0 - Reed RAV - Malt% N Wsy i - Section PREPARED Mk WE `S NURSERY MEET DESCRIPTKITS GAL DESCRIPTION IO SKETCH - NURSERY SITE SCALE: NONE ,W8 No.: 2008 -30 Ohl(: 3 -14 -13 tPlk 308 .kTP CALCECk LCS OWCREM RC* 6 TOSN8Hd1: 29 S RANGE: 16 E FLORIDA DESIGN CONSULTANTS, NC. ENGINEERS, ENVIRONMENTALISTS SURVEYORS 8 PLANNERS 3030 Slarhey Blvd. New Pori Richey, Florida 34655 (7271 849 -7588 Certificate of Authorization: LB 6707 State of Florida NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL r A FLORIDA ENSED SURVEYOR AN PER. ROBERT C. WRIGHT, JR. PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 4965 STATE OF' FLORIDA 0Copyrighl 2013 Florida Design Consultants, Inc Drawings and concepts may not be used or reproduced without written permission Sheet 2_ of 3 J: \ 308 \Dato\Owgs \LS \308_LS1Jlurserydwg — Nor 25. 2013 0 8:35am — jpotenaude THIS IS kL4I A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THE LEGAL DESCRIPTION SHOWN HEREON WAS CREATED BY FLORIDA DESIGN CONSULTANTS, INC., AT THE CLIENTS REQUEST, BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION NW CORNER OF THE SW 1/4 OF THE NW 1/4 OF SEC 6- 29S -16E =.41" 413.77 k1 N LINE OF THE SW 1/4 OF THE NW 1/4 OF SEC 6- 29S -16E S R/W LINE OF MONTCLAIR ROAD, FORMERLY SUNSET POINT COACHMAN ROAD PER CCMB 5, PG 60 L52 POB 5 L53 SUBJECT AREA MARE FEET OR WORE OR ACM W6RLY R/W Of WCHER RD (COuNTY ROAD 94) PER ORB 4609, PG 20 S R/W OF MONTCLAIR RD PER ORB 4609, PG 203 L43 10' ESMT PARCEL 121.2 PER ORB 8312, PC 1478 19.5' R/W PARCEL 121.1 PER ORO 8312, PC 1478 POC SW CORNER OF THE SW 1/4 OF THE NW 1/4 OF SEC 6- 29S -16E PREPARED FOR: 100' A/11tCi (POOT)(PCSO) NORTHERLY R/W OF SUNSET POINT RD PER ORB 8312, PG 1476 L63 L64 110' R/W PER ORB 4609. PG 203 / L41 L59 ` L40 L62 R/W PARCEL f 1 PER i '. 0118 83 8 83122, , 14 PG 1478 \ SEE DETAIL "A" L3 21.5' R/W PARCEL 121.1 l �/ / PER ORB 8312, PG 1478 SUNSET POINT ROAD STATE ROAD S- 588(FDOT) COUNTY ROAD 576(PCSD) R/W WIDTH VARIES cir SR/WOF MONTCLAIR RO PER ORB 4715, PG 2002 4 DETAIL "A" / NOT TO SCALE LEO R/W PARCEL 151.1 PER 008 8312, PG 1478 WESTERLY R/W OF BELCHER RO PER ORO $312, PC 1470 0 130 300 600 1-=300 SHEET OESCIlP10H: ''l NURSERY SCALE: 1 L. 300' LEGAL DESCRIPTION AND TCH — NURSERY SITE 4 -13 RCW eRA1Bk JTP CALCEO: LCS JOB No.: 2008 -30 Met 308 SECTION: 6 700891 R: 29 S RANGE: 16 E FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS, ENVIRONMENTALISTS SURVEYORS 8 PLANNERS 3030 Slorkey Blvd, New Porl Richey, Florida 34655 (7271 849 -7588 Certificate of Authorization: LB 6707 Stote of Florido NOT VALID WITHOUT THE91GNATURE AND THE 0: •INAL RAISED SEAL • A FLORIDA LI S SURVEYOR AND J 'ER. ROBERT C. WRIGHT, JR. PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 4965 STATE OF FLORIDA ©Copfighl 2013 Florida Design Consuitonts, Inc Drawings and concepts may not be used or reproduced without written permission. Sheet 3 of 3_ J \ 308 \Dots \Dogs \LS \308_LS2_Homest.od.dwg - Nor 25. 2013 0 8:39am - patenoude THIS IS MI A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THE LEGAL DESCRIPTION SHOWN HEREON WAS CREATED BY FLORIDA DESIGN CONSULTANTS, INC., AT THE CLIENTS REOUEST. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: A porcel of lond being o portion of the Southwest 1/4 of the Northwest 1/4 of Section 6. Township 29 South. Range 16 East. Pinellas County, Florida. being more particularly described os fellows; Commence of the Southwst corner of the Southwest I/4 of the Northwest 1/4 of Section 6. Township 29 South. Ronge 16 Eost, P,nellos County. Florida; thence N00'34'41"W. along the West line of Sett Southwest 1/4 of the Northwest 1/4 of Section 6 (being the basis of b•erings for this Iced dascripfion), for 70.95 feet to the point Of interi••tion with the Northerly Right -of -Woy line et Sunset Point Rood (Stets Rood S -586) according to Officio) Records Book 6312. peg* 1476. of the Public Records of Pinslles County. Florida, some oleo being the point of intersection with • non - tangent curve. conceits Northsosterly. some being the POINT OF g181I* N6; thence leslerly *lens sold Northerly Right -of -Woy line of Sunset Point Reed (Stele Rood 6-966) according to Official Records Book 8312. pogo 1478. along the arc of said curve. from • ►still bearing •f SOO °22'44 "E. hoeing o rodius of 34.120.10 fest. it control angle of 00 °24'50 ". se ore length of 246.50 feet, end it Chord bearing S89 °49'41'E for 246.50 feet to the point of intereeetie• with a non - tangent line: thence loosing said Northerly Right -of -Woy line of Sunset Point Rood (State Reed S -386) according to Officio! Records Book 8312. page 1478. N50 °10'16'1, for 35.77 feet; thence N55 °37'03'1, ter 34.61 feel; thence N44 °39'02 "E, for 27.73 feet: thence N70°36'26'1. for 35.22 feet; thence 565 °03.37'E. for 17.00 feet; thence N58 °38'47 "E. for 24.23 test; them N41 °52'55'E, for 45.45 fest; thence 555 °11'27 "E. for 2.64 test: thence N34 °46'34'1. for 14.46 feet; thence N55 °II'26'W. for 27.00 feel: thence N34 °45'34'1, for 90.00 feet; thence NO3.03'00'W, for 36.68 feet; (hence N25.31'10'9, for 119.04 feet; thence N34 °51'01'W. for 207.11 feet: thence N29.18'08 "W. for 86.82 feet; thence N47 °36'09 "E. for 130.01 feet: thence N15 °28'18 "E. for 217.95 feet; thence NO3 °16'38'E. for 223.16 feet; thence NI6•25'32 "W. for 46.91 feet; thane N00 °00'00"E. for 109.72 feet to the point of intersection with North line of the Southwest 1/4 of the Northwest 1/4 of Section 6. some being the South Right -of-Woy line of Montclair Road. according to Board of County Commission Minute Book 5. pogo 60: thence SO9 °55'41 "W. along soid North line of the Southwest 1/4 of the Northwost 1/4 of Section 6. some being said South Right -of -Way line of Montclair Rood, according to Board of County Commission Minute Book 5, page 60. for 413.77 feet to the Northwest corner of said Southwest 1/4 of the Northwest 1/4 of Section 6. thence SOO °34'41 "E. along said West lino of the Southwest 1/4 of the Northwest 1/4 of Section 6, for 1276.57 last 10 the POINT OF BEGINNING. Containing 489.208 square feet or 11.230 acres. more or less. CON - County Commission Mktute Seek Can - E.nmont FOOT - Florida Deportment of Transportation LO - Corparot. Cirlificottan Numb.( LS - Licens d Ssrv.yor ORS - Official Itecorde Book PA - Property Appr.bers Nor Doto PCSO - Pinellas County Survey Department Pe(S) - peep P o6 • point et heisting rem ▪ *Nod MOW al Way NC re %Wee PREPANEO f WET IWWWWWWN W` $8 S NURSERY LEGAL, DESCRIPTION AND SKETCH - HOMESTEAD SIT NONE DATE: 3 -14 -13 SPetek JTP CALOFOr Jos rse 2008 -30 IOW 308 slrCn0/t: 6 LCS TOWNSHIP: 29 S CHSCNOW RCW RMHOE: 16 E FLORIDA DESIGN CONSLL TANTSS INC ENGINEERS. ENVIRONMENTALISTS SURVEYORS 6 PLANNERS 3030 Slorkey Blvd. New Pori Richey, Florida 34655 (727) 849 -7588 Certificate of Authorizotion: LB 6707 State of Florida NOT VALID WITHOUT THE SIGNATURE AND THE •'IGINAL RAISED SEAL 0 FLORIDA L ' ED SURVEYOR AND P R. ROBERT C. WRIGHT, JR. PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 4965 STATE OF FLORIDA ©Copyright 2013 Florida Design Consultants. Inc. Drawings and concepts moy not be used or reproduced without written permission Sheet I of 2 J: \ 308\ 0oto \0wgs \LS \308J.S2_Homesteod.dwg — Nor 14, 2013 0 10:40om — jpotenoude THIS IS NQI A SURVEY THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, THE LEGAL DESCRIPTION SHOWN HEREON WAS CREATED BY FLORIDA DESIGN CONSULTANTS, INC., AT THE CLIENTS REOUEST. BEARINGS ARE BASED UPON SEE SKETCH AND LEGAL DESCRIPTION N LINE OF THE SW 1/4 OF THE NW 1/4 OF SEC 6- 29S -16E 5 R/W LINE OF MONTCLAIR ROAD, FORMERLY SUNSET POINT COACHMAN $89.55'4,Y 1 WW ROAD PER CCMB 5, PG 60 OF THE SW NW 1/4 OF 6- 29S -16E NW CORNER 1/4 OF THE SEC 10' ESMT PARCEL 121.2 PER ORB 8312. PG 1478 P08 L24 19.5' R/W PARCEI. 121.1 PER OR9 8312, PC 1478 POC SW CORNER OF THE SW 1/4 OF THE NW 1/4 OF SEC 6- 29S -16E 413.77 L6 L5 L4 L3 L2 L1 to SUBJECT /ATE A— 40I91208 p SQUARE MET OR 11.230 AOC MORE OR LESS .j 4344 114 " Ito' R/W PER ORB 4609. PG 203 R/W PARCEL 151.1 PER 099 8312, PG 1478 LINE TABLE LINE BEARING LENGIM 1.1 N5010'181 35.77• L2 N55'37'031 34.01' L3 N44'3e'02"E 27.73' L4 N70'3VIS'I 3342' L5 S160377"E 17.80' 1.6 14547,31r4711 24.2 1.7 N4132' 40+40' 1e 50911'97.6 154' L9 N34•4V34'E 14.41' 1.10 N5541'2e'W 27.00' 111 N34•4e'34"E 90.00' L12 NO3'03'00"W 30.6' L13 N25'311016 119.04' L14 N3411.01 "w 207J 1' L15 N2918'00'w Nei 116 N47•36'09'E 130.01' Lt7 N15'28't8 "E 217.95' 1.18 R0316'391 223.16' 1.19 N16•25'32'W 46.91' L20 N00•00'001 109.72' 124 N00•4'4I'W 70.95' 0 150 .300 600 IMMO 21.5' R/W PARCEL 121.1 PER • : 8312, PC 1471 1 3300' POINT ROAD STATE ROAD OTC COUNTY ROAD 576(PCSD) R/W %MDTH VARIES NORTHERLY R/W OF SUNSET POINT RO PER ORB 8312, PG 1478 CURVE TABLE CURVE RADIUS LMN61M KAMM DELTA RADIAL SEARING C1 34120.70' t3W !e SM'43'41"( 0024'30" 50012'44'E PREPARED PORt WEBS'S NURSERY ste l Ott (10.410* LEGAL DESCRIPTION A SCAM 1 = 300' cot 3-14-13 CRAM: JTP CALC1 LC$ JOe Nw: 2008 -30 308 =mow 6 restoot 29 S TC 1 — HOMESTEAD SITE ID SN meacE0: RCW • 16 E FLORIDA DESKiN CONSULTANTS, INC ENGINEERS, ENVIRONMENTALISTS SURVEYORS 8 PLANNERS 3030 Starkey Blvd. New Port Richey, Florido 34655 (727) 849 -7588 Certificate of Authorization: LB 6707 Stole of Florida NOT VALID WITHOUT THE SIGNATURE AND THE •'IGINAL RAISED S A FLORIDA SED SURVEYOR A ,j!'ER. ROBERT C. WRIG T, J PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 4965 STATE OF FLORIDA Sheet 2 of 2 ®Copyright 2013 Florida Design Consultonts, Inc Drawings and concepts moy not be used or reproduced without written permission. PROOF OF OWNERSHIP OWNERS: WEBB'S NURSERY, INC. & DAVID B. AND SHARON WEBB Webb's Nursery, Inc.- Warranty Deed recorded at O.R. Book 3094, Page 315, dated June 5, 1969 David B. and Sharon Webb- Corrective Deed recorded at O.R. Book 17259, Page 995, dated May 25, 2011 \t II' Ft ILK II)A WOO 11141 ('� 11 rot n to t. •: riq. "to 1. • tr.. l...r .•, Ir:/():1.Nh1 EL/ t,,.' t.. r r .,..r_. .. 31 LW:J*1 .abitti; tutnvc .Ur/.this 5th dour,' June .1. 1). 19 69, attain% J. BUFORD WEBB, also known as JAMES BUFORD WEBB, and RUTH D. WEBB, his wife, W fr X of the Comity of Pinellas and .'late of Florida, am port ies of the first part. and WEBB'S NURSERY, INC., hi �) o - Cr... • • c:D s � N. 7 fa �n't,O eorporalitta exixline antler the Imes rtf the .'late of Florida, yam,. o,ca huria9 llx principal place of t,u.riurxv in the County nttj of Pinellas 0 flu /r of Florida party of the second part. (Maing address: 2251 Sunset Point Road, Clearwater, Floridaw3 ) 'MIL thin the said part ies of the first /awl, for an/ In rrurxiatPfn nr of the xum o/' Ttn Dollars and other valuable consideration idai/xi to them iro huan/ p,adrl. 1hr receipt whereof is hereby orlwr,n'ler/drel, ha ve ¢routed. harf,,iurd, sold. a/ient.d• remixed, rrlrr,.w•rl. eojeofferl. t.onreyerl and eon - »toned and by 11,',r presents do _arorrl, lar_traiar, .ve /l. alien: remise, release, en /'en/T. ',worry ern/ 1.m/:trip nala ! be surd 'wily u/' the se'ru,d pn•t and its sneers- NI IM UM/ axxirnx l'r,rrrrr. all l/r-tl r•erloitr party/ r.l' Baal tr /in‘F and l,',, in the County of Pinellas sari .dale rot Pl.,rida, nrr,re pnrtiettlarly described as follows: LOTS 1 :::•d 16, PINELLAS GlYNVES SUBDIVISION, according to soap or plat ::heieof as recorded in Plat Book 1, Page 55, of the Public Records of Pinellas County, Florida, located in the Southeast Quarter of Section 1, Township 29 South, Range 15 East; and The Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 6, Township 29 South, Range 16 East, LESS AND EXCEPT existing road rights- of-way and LESS AND EXCEPT the following described parcel of the Southwest Quarter of said Northwest Quarter, to -wit: Froth the Northwest corner of the Southwest Quarter of the Northwest Quarter of Section 6, Township 29 South, Range 16 East, run Bast along the 40 -acre line 300 feet; thence South 0 °37'22" East 800 feet; thence South 89 °54139" West 300 feet to the West section line of said Section; thence North along the West section line of said Section 800 feet, more or less, to the point of beginning; SUBJECT to existing encumbrances of record. with all the tenements, lrered'lanenlx and appurtenances, with every prim eke. riohf, ti Ile. interest and estate, d'o,rr and right of dower, reversion, remainder and easement thereto helon„ ins or in anywise appertaining: grL1 UC :l Both the same in fee simple forrrer. .'in the sal parties of tlto first part do cor•enant with the said party o the sreeofd part that they are lawfully seized of the said premises, that they are free of all ineumbrauer, and that they have fors/ right and /ouch►) ittrIhorittj to sell the sane; and that said parti s of the first part loth hereby fully warrant the title to said land, and will ,defend the saute optima, the lawful claims• of all persons whomsoever. 3n I u 3 t t iif the said part ies of the first j,ort have hereN:to set their hands and seals the day and year above written. Signed . - . - • and t iir Our Presence: Otatt of tlnrido ''s J1, �a Jr;.,D 4 .r ��1b eauatg Of PINELLAS i lirrrhg Cesttfg Thrll to !l/is 5th '/a// t/' /. /r. 069. /.,'inr' me p. o:nllrllll/ •, /Ai•a''+/ J. BUFORD WEBB, JAMES BUFORD WEBB, and RUTH D. WEBB, his wife, June, also known as ' 1.1 rllr /i'1l+•lln It be Illy /rwl'.n?1 'lr.r'I'Ilr+'11 In al/r/ /Chu r •.1'r'r•lll,'rl lllr /i,,,. ;, I11 •i r'rru,'ry/rlllrr' It WEBB'S NURSERY, INC., find .'rr'r•lyllll/ nrl, ntn lrr /_Irr! lllr r,rrr,,/i. i lhrl•r•n% In u. their fret. act and 'leer/ /'nr lllr Ii.r. rlllrl /,err /rnxr.s ! /Irv' • u ,n ' /ioll'•.!: In # u Illy •/Anal"'' arlr/ n /)iri+rl vra! rr/ Clearwater in !hr. („rrrr /!,'o Pinellas unrl .liIlr "1 h. /twirl'''. Ihe. dull ern.! year last +''%trr'.rlirl. I.tirul .il/1 ('unrrll.(,c,,ion Expires -- _ -. _ v810•21o0 of a z I #: 2011138801 BK: 17259 PG: 995, 05/25/2011 at 12:44 PM, RECORDING 5 PAGES $44.00 D DOC STAMP COLLECTION $0.70 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU13 This Instrument Prepared by and Return To: GASSMAN, BATES & ASSOCIATES, P.A. ALAN S. GASSMAN, ESQUIRE 1245 Court Street, Suite 102 Clearwater, FL 33756 Property Appraiser's Parcel LD. Number(s): CORRECTIVE DEED THIS CORRECTIVE WARRANTY DEED, made the /1 day of , A.D. 2011 by JOHN D. WEBB, DAVID B. WEBB, and JAMES L. WEBB, as ccessor Co- Trustees of the RUTH D. WEBB LIVING TRUST dated Februar�`14, 21x09, with full power and authority either to protect, to serve, to lease, and to sell, tort davy, to fliginiber, and to otherwise manage and dispose of the real property herein descri, ed, h440411.er ed the Grantor, to DAVID B. WEBB and SHARON WEBB, his wife, hereinaitergalledtiieGrantee. The Grantee's post office address is 2251 Montclair Road, Clearwater, F1:3:4763.;,, ) le (Wherever used heeds the torahs gessetor°" merges *" ade:U ibepieties to Ibis inmantK sad the bean, legal representatives :ad *sagas at lattivtdads, and the sactessarf sad ia#igas of Corporations} WITNESSETH, That the Gr, rritor, i'W apd hreonsideration ofthe sum often dollars ($10.00) and other good and valuable consid¢ratioxt rerei t whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remiscs;ieleases'and conveys and confirms unto the Grantee all that certain land situate in Pinellas C9 y, 4latesetFlorida, and more fully described as follows: SEE EXHIBIT "A" The Grantor bera►y epresents and warrants that the above - referenced property IS NOT the shorhelttead propcf ty of the Grantor. - _ _ This d d was prepared without the benefit of tide search of the subject property and the preparer of `- - this carnadcyance does not guarantee merchantability or marketability of title. Togther;with all the tenements, hereditaments and appurtenances thereto belonging or in `anywise appertaining. -TO HAVE AND TO HOLD, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002. PINELLAS COUNTY FL OFF. REC. BK 17259 PG 996 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness Signature "25-- a t G /610110 Printe Signature b.Attekii, 141.2.24, Witness Signature l f,1b Printed Witness Signature • • HN a . WEBB, as Successor CC- Trustee of the RUTH D. WEBBY LYING AUST dated February 14, 2000 2101 Victoiti.Drive Clearwater, F1y3Z¢3.' 1 , /e . STATE OF FLORIDA , ;.Y COUNTY OF PINELLASf ) , I HEREBY,CERTIFYthat on this day, before me, an officer duly authorized to administer oaths and take ac4tnowledgnrent§ personally appeared JOHN D. WEBB, known to me to be the person described'liv}nd who executed the foregoing instrument, who acknowledged before me that he executed this;Deekarthai I relied upon the following forms of identification of the above -named person( - +s,'W,IT FESS, my official hand and seal this I 1 day V A 2011. • , l , I (SEAL) lic Signa ted Notary Signature NOTARY PUBUCSTATE OF RAIMA Cynthia J. Gay =commission #DD776457 „.”," &Pines: MAY 13, 2012 BONDED THRU ATLANTIC BONE/DIG CO.,II{C. NOTARYPUBISCSTATE OF'F[A11IDA Cynthia J. Gay `Commission #1)D776 1P ,of Expo: MAY 13, 2" • BONDED TIM, ?MANTIC BONDINGCO_y .. PINELLAS COUNTY FL OFF. REC. BK 17259 PG 997 Witness Signs PrinteCAVitiless Signature 1 t- I4. Witness Signature n b I4A- le- Printed Witness Signature STATE OF FLORIDA COUNTY OF PINELLAS DAVID B. WEBB, as Successor Co- Trustee of the RUTH D. WEBB LIVING TRUST= ----_-_- dated February 14, 2000 , • 2251 Montclair Road _ Clearwater, FL 33763 , - r I , • • • t ,' es e , , 1 I HEREBY CERTIFY that on this day; befdre lite; mil5fficer duly authorized to administer oaths and take acknowledgments, personally' appearedDAVID B. WEBB, known to me to be the person described in and who executed tltcloregoinginsment, who acknowledged before me that he executed this Deed, or that I relied Atpoir tt fotbwiiig`forms of identification of the above -named • person: • WITNESS, my offto al hat d; d seal this (SEAL) ' • • 9 • 1 I KIBLIC -STATE OF FLOIUDA Cynthia J. Gay `• Commission #DD776457 .zpires: MAY 13, 2012 �._....4) nail ATLANTIC BONDING CO, INC. NOTARY PUBLIC-STATE OF FLORIDA r„ is Cynthia J. Gay °.Commissi n :DD776457 ,,,, „„ Expires: MAY 13, 2012 BOND THRU ATLANTIC BONDING CO..INC. PINELLAS COUNTY FL OFF. REC. BK 17259 PG 998 Witnesnature 't �' . 'T- : B, : • Co-Trustee `f the RUTH D. WEBB LIVING TRUST' dated February 14, 2000 " ; ; . 867 Weathersfield Drive Dunedin„ FL 34698 P�Qc,,\ C.. &sl�4 rint a Witness Signature BaA itt- rV cue- Witness Signature gi4Clo 146 Printed Witness Signature , STATE OF FLORIDA ) ' ' - • COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this day,'laefdre Mc ari officer duly authorized to administer oaths and take acknowledgments, personally appeared; bS L. WEBB, known to me to be the person described in and who executed tt{ef'or+s ing instrzment, who acknowledged before me that he executed this Deed, or that Ireliedupoi he fb1towidg"forms of identification of the above -named Person: WITNESS, my off ial hand and seal this (! day of 2011. (SEAL) I • \;, • , • 0 'tSVIViVebb, R9t1y\Ftorida decdlWaranty Deed.3a.wpd NOTARY PUsUUC 4TATEOFY1O1 WA :Cam tl> 6457 Expires: MAY 13, 2012 BONDED THU AtLa= Bo no° ca. rnc. 1 PINELLAS COUNTY FL OFF. REC. BK 17259 PG 999 EXHIBIT "A" The North Eight hundred (800) feet of the West Three hundred (300) +- + feet of the Southwest Quarter (S W %) of the Northwest Quarter , • ; = = (NW %) of Section 6 Township 29 South, Range 16 East, LESS ANY, , ++ AND ALL ROAD. r, J:1W\Webb, RutMExhibit A2.2.wpd :cjh•cjh 512/11 rr , • • • '+ + / Je • ,S _ • • ,i 1 t r I ` • r, • r 1 t t �+ , s + , r • Ns Ns • , EXHIBIT B OWNERS: WEBB'S NURSERY, INC. & DAVID B. AND SHARON WEBB ANALYSIS OF REZONING STANDARDS FOR REVIEW Introduction There are two parcels owned by two different and related entities that comprise this application for a rezoning to City of Clearwater zoning districts. The eastern parcel is owned by Webb's Nursery, Inc., is approximately 12.52 acre in size and is located at the northwest quadrant of the intersection of Belcher Road and Sunset Point. The eastern parcel is also bordered by Montclair Road on the north. David and Sharon Webb, the second Applicant and an owner of Webb's Nursery, Inc., own an approximate 11.23 acre parcel immediately west of the Webb's Nursery parcel with its principal frontage on Montclair Road. The two applicants have jointly submitted this Rezoning application along with a Comprehensive Plan Map amendment and an Annexation application of the overall parcel which totals approximately 23.75 acres. This Rezoning application requests a change from the Pinellas County RPD -7.5 district to the City of Clearwater MHDR, Medium High Density Residential district on the uplands and the P, Preservation zoning district for the wetlands. The companion Comprehensive Plan Amendment requests a change in the Future Land Use Map from the current Residential Urban (RU) category to the Residential Medium (RM) and Preservation (P) categories. The Preservation plan category is requested for the jurisdictional wetlands on the property as shown on the enclosed Boundary Survey. The proposed MHDR zoning district is consistent with the proposed Residential Medium Plan category. The property was acquired in 1921 by the Webb family and is part of the family ownership that originally totaled approximately 150 acres. From the original purchase in 1921 through 1950, the site was operated as an orange grove. In approximately 1950, the eastern portion of the site was converted to a plant nursery which is still in operation. The westem parcel owned by David and Sharon Webb is currently in use as a single family home. Due to the changing economic conditions in operating a nursery and the changed land use pattern in the area, the owners have determined it appropriate to request annexation, land use plan amendment and rezoning applications. Analysis of Standards for Review The City of Clearwater's Community Development Code establishes the Standards for review of a Rezoning Application in Section 4- 602.F. The Webb's Nursery rezoning application is evaluated against each standard and summarized below. No amendment to the Zoning Atlas shall be approved unless the City Commission finds that such amendment complies with the following standards: 1 April 1, 2013 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other City ordinances and actions designed to implement the Plan. Response: To avoid duplication, please refer to the detailed analysis of the application's compliance with the City's Comprehensive Plan contained in the Comprehensive Plan Amendment application, Exhibit B. With regard to consistency with the Community Development Code, the eastern development parcel is currently in use as a plant nursery. It is anticipated that this eastern parcel will be completely redeveloped and future development will meet or exceed the requirements of the Code in general and the proposed MHDR and Preservation zoning districts, specifically. The west parcel is currently developed with a single family home which is an allowable Minimum Standard use in the MHDR district and is therefore, consistent with this district. As mentioned above in this analysis, the wetlands have been surveyed and approved by SWFWMD and this application requests that the wetlands be rezoned to the Preservation zoning district. 2. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. Response: The site is located at the intersection of three major streets: Belcher Road, Sunset Point Road and Montclair Road in a highly urbanized section of Clearwater. The Belcher Road/Sunset Point Road intersection is retail commercial in nature with the properties currently zoned City Commercial and Office districts. This intersection is fully developed with commercial and office uses consistent with their plan and zoning designations. The general area surrounding the intersection is characterized by residential development with varying residential densities ranging from City MHDR and MDR, as well as Pinellas County RM 15 and RPD 7.5. The Top of the World retirement community is located to the north, east and west of the plan amendment site with current zoning districts of County RPD 7.5 and RM 15. Immediately north of the subject site is a townhouse and multifamily residential development designated as RPD 7.5 on the County zoning map. There are several multifamily developments located to the southwest of the site on Sunset Point Road that are located within the City and currently zoned MDR. Based on the above analysis, the proposed MHDR zoning district and future residential development is consistent with the existing development pattern and with the City's Zoning Map in the vicinity of the site. 2 April 1, 2013 3 3. The amendment does not conflict with the needs and character of the neighborhood and the City. Response: According to the City's Evaluation and Appraisal Report (EAR), there are no vacant developable lands greater than five acres in size within the City. The City's EAR has identified the need for new residential development to support the City's population growth and this site offers a unique opportunity for a significantly sized residential development to meet the residential demand. As described in the Response to Standard #2, the neighborhood is characterized by residential development in the range of 7.5 -15 units per acre and this proposed rezoning is consistent with the current zoning map as well as the existing development pattern. 4. The amendment will not adversely or unreasonably affect the use of other property in the area. Response: The proposed rezoning of the site to the MHDR zoning district is compatible with the fully developed commercial corner at the intersection of Belcher and Sunset Point Roads. The residential development that will occur on the site will utilize the retail shopping and services that are located in close proximity to the site. The proposed MHDR zoning district is also compatible with existing multifamily developments to the north, northeast, south and west. Due to the similarity of the proposed residential use on the site with the residential development in existence in the neighborhood, there are no expected adverse impacts to property in the immediate area. 5. The amendment will not adversely burden public facilities, including the traffic - carrying capacities of streets, in an unreasonably or disproportionate manner. Response: Water and Wastewater The site is located within the boundaries of both the City's Planning Area and Water Service Area, therefore, future development on this site has been included in the capacity evaluations for potable water and wastewater services. The City's 2006 Evaluation and Appraisal Report (EAR) states that there is more than sufficient potable water supply to meet the demands and to continue to meet the adopted Level of Service of 117 gallons per day per person (EAR, Page 2.4 -4). The EAR also states that there is excess capacity within the City's wastewater treatment plants, with the total plant capacity operating at 46% of its capacity (EAR, Page 2.4 -4). Therefore, capacity is available and the site can be served by the City water and wastewater utilities. Transportation A detailed Transportation Analysis has been prepared by Raysor Transportation Consulting, LLC to evaluate the project's impact on the affected roadway system. In summary, the Analysis found that: April 1, 2013 "Acceptable operating conditions are anticipated for roadway segments and intersections surrounding the project site in consideration of future traffic conditions for both the existing and proposed project entitlements." (Source: Webb's Nursery Site Transportation Analysis, page 23) Please see the Transportation Analysis included with the Comprehensive Plan Amendment Application package for more detailed analysis and information. Recreation and Open Space The City currently exceeds its adopted LOS of 4 acres per 1,000 population with the current provision of 4.9 acres per 1,000 population (EAR, Page 2.4 -3). Additionally, the City had adopted a Recreation and Open Space Impact Fee to purchase park land to assist in the maintaining this LOS. This site will be subject to that fee upon redevelopment. Therefore, the annexation of the site will not have a detrimental effect on the City's Recreation and Open Space service. Solid Waste The City's EAR states that they can serve new development and that the Pinellas County Waste to Energy Plant and Landfill has capacity through the time period of 2085 -2090 (EAR, Page 2.4 -5). Therefore, the City's solid waste utility has the capacity to serve the site. Stormwater Drainage The Level of Service for Stormwater drainage is based on design criteria that are evaluated during the development review process. The site will be subject to and will comply with the stormwater design criteria upon redevelopment. In summary, all of the City services are available to serve the site and the redevelopment of the site will not result in any negative impact on the public services. 6. The district boundaries are appropriately drawn with due regard to the locations and classifications of streets, ownership lines, existing improvements and the natural environment. Response: The rezoning application proposes to rezone all of the remaining developable property located at the northwest corner of the intersection of Belcher Road and Sunset Point Road. The MHDR district zoning line is proposed to extend to all three adjacent streets. The existing zoning adjacent to and in the vicinity of the site includes County RM -15 and RPD 7.5 to the north, Clearwater C, 0 and LMDR to the south, Clearwater C to the east and Clearwater MDR and LMDR to the west of the site. The three adjacent streets and Beckett Lake form natural boundaries and buffers between the site and adjacent properties. In summary, the zoning district boundaries proposed by this 4 April 1, 2013 application are logically drawn with due consideration given to the existing zoning pattern, current ownership, street locations and the natural environment. 5 April 1, 2013