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8410-13ORDINANCE NO. 8410 -13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND NORTH BELCHER ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST % OF THE NORTHWEST % OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2200 & 2251 MONTCLAIR ROAD, TOGETHER WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584, LYING IN THE EAST % OF THE NE 1/4 OF SECTION 01, TOWNSHIP 29 SOUTH, RANGE 15 EAST, TOGETHER WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584, AND SUNSET POINT ROAD, C.R. 576, LYING IN THE NW 1/4 OF SECTION 06, TOWNSHIP 29 SOUTH, RANGE 16 EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL MEDIUM (RM), PRESERVATION (P), AND WATER/DRAINAGE FEATURE (WATER); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See Exhibit A for legal description Residential Medium (RM) Preservation (P) and Water /Drainage Feature (Water) (LUP2013- 04002) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Ordinance No. 8410 -13 PASSED ON FIRST READING AS AMENDED PASSED ON SECOND READING AS AMENDED PASSED ON THIRD READING AND ADOPTED Approved as to form: Leslie K. Dougall- Assistant City Attorne July 18, 2013 October 16, 2013 November 7, 2013 - '.€O'It lk crt( ko5 George N. Cretekos Mayor Attest: Rosemarie Call City Clerk Ordinance No. 8410 -13 Exhibit A LEGAL DESCRIPTION: A parcel of land being a 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 as follows: Commence at the Southwest corner of the Southwest. 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida; thence N00 °34'41 "W, along the West line of said Southwest 1/4 of the Northwest 1/4 of Section 6 (being the basis of bearings for this legal description), for 1347.52 feet to the Northwest corner of said Southwest 1/4 of the Northwest 1/4 of Section 6; thence N89 °55'41 "E, along the North line of said Southwest 1/4 of the Northwest 1/4 of Section 6, same being the South Right -of -Way line of Montclair Road (formerly Sunset Point Coachman Road) according to Board of County Commission Minute Book 5, page 60, of the Public Records of Pinellas County, Florida, for 413.77 feet to the POINT OF BEGINNING; thence continue N89 °55'41 "E, along said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, same being said South Right -of -Way line of Montclair Road, according to Board of County Commission Minute Book 5, page 60, for 600.78 feet; thence the following three (3) courses along the Southerly Right -of -Way line of Montclair Road according the Official Records Book 4609, page 203, of the Public Records of Pinellas County, Florida; (1) thence leaving said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, S00 °27'47 "W, for 16.88 feet to the point of intersection with a non - tangent curve, concave Southerly; (2) thence Easterly along the arc of said . curve, from a radial bearing of N00 °27'48 "E, having a radius of 210.00 feet, a central angle of 30°45'41", an arc length of 112.75 feet, and a chord bearing S74 °09'22 "E for 111.40 feet to the point of tangent; (3) thence S58 °46'31 "E, for 92.56 feet; thence leaving said Southerly Right -of -Way line of Montclair Road according the Official Records Book 4609, page 203, S11 °58'56 "E, along the Southerly Right -of -Way line of Montclair Road 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 Road (County Road 94) according to said Official Records Book 4609, page 203; thence S34 °48'39 "W, along said Westerly Right -of -Way line of Belcher Road (County Road 94) according to Official Records Book 4609, page 203, for 849.29 feet; thence the following six (6) courses along the Westerly Right - of-Way line of Belcher Road (County Road 94) according to Official Records Book 8312, page 1478, of the Public Records of Pinellas County, Florida; (1) thence S39 °16'15 "W, for 276.32 feet; (2) thence S34 °48'34 "W, for 81.44 feet; (3) thence N55 °11'26 "W, for 27.00 feet; (4) thence S34 °48'34 "W, for 80.00 feet; (5) thence S55 °11'26 "E, for 27.00 feet; (6) thence S34 °48'34 "W, for 129.62 feet to the point of intersection with the Northerly Right -of -Way line. of Sunset Point Road (State Road S -588) according to said Official Records Book 8312, page 1478; thence S70 °16`12 "W, along said Northerly Right -of -Way line of Sunset Point Road (State Road S -588) according to Official Records Book 8312, page 1478, for 53.95 feet to the point of intersection with a non - tangent curve, concave Northerly; thence Westerly along said Northerly Right - of-Way line of Sunset Point Road (State Road S -588) according to Official Records Book 8312, page 1478, along the arc of said curve, from a radial bearing of S00 °08156 "E, having a radius of 34,120.10 feet, a central angle of 00 °06'50 ", an arc length of 67.80 feet, and a chord bearing S89 °54'28 "W for 67.80 feet to the point of intersection with a non - tangent line; thence leaving said Northerly Right -of- Way line of Sunset Point Road (State Road S -588) according to Official Records Book 8312, page 1478, N50 °10'18 "E, for 35.77 feet; thence N55 °37'03 "E, for 34.61 feet; thence N44 °39'02 "E, for 27.73 feet; thence N70 °38'26 "E, for 35.22 feet; thence S65 °03'37 "E, for 17.00 feet; thence N58 °38'47 "E, for 24.23 feet; thence N41 °52'55 "E, for 45.45 feet; thence S55 °1 1'27 "E, for 2.64 feet; thence N34 °48'34 "E, for 14.46 feet; thence N55 °11'26 "W, for 27.00 feet; thence N34°48'34 "E, for 90.00 feet; thence NO3 °03'00 "W, for 36.68 feet; thence N25 °31'10 "W, 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 N16°25'32 "W, for 46.91 feet; thence N00 °00'00 "E, for 109.72 feet to the POINT OF BEGINNING. Containing 545,436 square feet or 12.522 acres, more or less. LEGAL DESCRIPTION: A parcel of land being a 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 as follows: Commence at the Southwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida; thence N00 °34'41 "W, along the West line of said Southwest 1/4 of the Northwest 1/4 of Section 6 (being the basis of bearings for this legal description), for 70.95 feet to the point of intersection with the Northerly Right -of -Way line of Sunset Point Road (State Road S -588) according to Official Records Book 8312, page 1478, of the Public Records of Pinellas County, Florida, same also being the point of intersection with a non - tangent curve, concave Northeasterly, same being the POINT OF BEGINNING; thence Easterly along said Northerly Right -of- Way line of Sunset Point Road (State Road S -588) according to Official Records Book 8312, page 1478, along the are of said curve, from a radial bearing of S00 °22'44 "E, having a radius of 34,120.10 feet, a central angle of 00 °24'50 ", an arc Length of 246.50 feet, and a chord bearing S89 °49`41 "E for 246.50 feet to the point of intersection with a non - tangent line; thence leaving said Northerly Right -of -Way line of Sunset Point Road (State Road S -588) according to Official Records Book 8312, page 1478, N50 °10'18 "E, for 35.77 feet; thence N55 °37'03 "E, for 34.61 feet; thence N44°39'02 "E, for 27.73 feet; thence N70 °38'26 "E, for 35.22 feet; thence S65 °03'37 "E, for 17.00 feet; thence N58 °38'47 "E, for 24.23 feet; thence N41 °52'55 "E, for 45.45 feet; thence S55 °11'27 "E, for 2.64 feet; thence N34 °48'34 "E, for 14.46 feet; thence N55 °11'26 "W, for 27.00 feet; thence N34 °48'34 "E, for 90.00 feet; thence NO3 °03'00 "W, for 36.68 feet; thence N25 °31 `10 "W, 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 N16 °25'32 "W, for 46.91 feet; thence 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, same being the South Right -of -Way line of Montclair Road, according to Board of County Commission Minute Book 5, page 60; thence S89 °55'41 "W, along said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, same being said South Right - of-Way line of Montclair Road, 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 S00 °34'41 "E, along said West line of the Southwest 1/4 of the Northwest 1/4 of Section 6, for 1276.57 feet to the POINT OF BEGINNING. Containing 489,208 square feet or 11.230 acres, more or less. All of the right -of -way of Montclair Rd., C.R. 584, Tying in the East 1/2 of NE 1/4 of Section 01, Township 29 South, Range 15 East, together with all of the right -of -way of Montclair Rd., C.R. 584, and Sunset Point Rd., C.R. 576, Tying in the NW 1/4 of Section 06, Township 29 South, Range 16 East. Exhibit B . 1 I . . . .. 2014 22026 2021 202 Pr '':' viiistr- gi . [B. 1411'' ili L :.....UFO AAIDR .... an G pia lig i .... . :: • ; 1 Mill all. N RLM O N N '. N N N 429111 14 \ fel :. _ lig 197 Nil RM f RM :- .f, ,.. 1 0 ii ii in Si r6 MI NJ rrs ti 1 I'4 M PIMA iri '81113111 sa RUN 'T cc P. c°v 939 194. N 931 193', kiiIIR dTER .•.. EN • al t MN .. �� .. .. R/O /R 1925 •� 923 a. ,92 tLI 911 W 19,E mai" RM Iwo ,' / .�� „ 1907 Ili 2 a 1901 �� P .c Mit SUNSET POINT RD VI 1II A0 illi E CN IIIIII a' Q 1851 iii Fa J V ; 876 �a 10864 �� ,till hog - m� �� �� MN mai • M 870 1iiiiii i r� 209' RM rriim�.=='rr B4q,:_ 4 ., • 185 Ni hia ka 840 � E 852 • L N O� `r N N N N N N N ^ N yy Va44 N NN N S' N Or N 1834 Mu; 31 ..,1 , 1 f6c1 163 'LY• =c1 iL:c1 �L•31 iLG 11 ki 1 N 1 $31 ��li� 183' ' IIN, M� um 1822 i a JUN/V 1UHLC OLIO I 1 I o 1 L FUTURE LAND USE MAP David B. and Sharon Webb Owners: Webb's Nursery, Inc. Case: LUP2013 -04002 REZ2013 -04002 2200 Montclair Road Site: 2251 Montclair Road Property Size: R.O.W.: 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06- 29 -16- 00000 - 230 -0100 06- 29 -16- 00000 - 230 -0200 From : RU, P, Water RPD -7.5 To: RM, P, Water MHDR, P Atlas Page: 254A Exhibit B