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LUZ2003-05004 -- f~~ Ii ~. '," i::t ORDINAN ~~ 3 . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF A PORTION OF LOTS 6 THROUGH 13, BLOCK 4, CONSISTING OF THREE PARCELS TOTALING 0.38 ACRES, TOGETHER WITH A PORTION OF THE 30.00-FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See legal description attached hereto (LUZ2003-05004 ) Zoninq District Office (0) NOTE: This property is currently zoned (P-1) "General Professional Office" by Pine lias County. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7160-03. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7168-03 - . -:~;' i",'! f :~1 r'~"~'_U ..: - J i:',:! ! '_';', ,: I~::,~~:~ MOTION TO AMEND ORDINANCE N~6S'~~N SECOND READING ~------"""."~__"F_""_._'"", On page 1, amend the ordinance as follows: Section 1. of the ordinance is amended by substituting a revised map depicting the current Pinellas County Zoning Map designation of "P-1" for the written legal description of the subject property to serve as the attached legal description. Pamela K. Akin City Attorney September 4, 2003 - - ORDINANCE NO. 7168-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OFA PORTION OF LOTS 6 THROUGH 13, BLOCK 4, CONSISTING OF THREE PARCELS TOTALING 0.38 ACRES, TOGETHER WITH A PORTION OF THE 30.00-FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See legal description attached hereto (LUZ2003-05004) Zoninq District Office (0) NOTE: This property is currently zoned (P-1) "General Professional Office" by Pinellas County. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7160-03. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: ,. \ ,,/ , ""_}I ~ ,i {' ;' I .c', ~ -:~.. \'J ,Y;"/l~' ..iJ'~",_' (~.'i. <-_ 'Or" ,....,', )' _i ~" Leslie K. Dougall~Side$' Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7168-03 . . SECTION 28 , TOWNSHIP 26 soum, RANGE 16 EAST PINELLAS COUNTY, FLORIDA LUZ2003-05004 DESCRIP770N: WETLAND JURISDIC770NAL AREA A POR770N OF LOTS 6, 7, 8, 9, 10, 11, 12 AND 13, BLOCK 4, TOGETHER WITH A PORnON OF THE 30.00 FOOT Vv7DE RIGHT-OF-WA Y FOR ALLEN A~, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PAR TlCULARL Y DESCR/BED AS FOLLOWS: COMMENCE A T THE NORTH'rVEST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 89'36'56" E, ALONG THE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 5Z67 FEET; THENCE 5 68'49'16" ~ A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING TWENTY ONE (21) COURSES: THENCE 5 80'49'22" E, A DISTANCE OF 28.06 FEET; THENCE S 29'51'24" E, A DISTANCE OF 21.06 FEET; THENCE S 02'17'02" E, A DISTANCE OF 37.31 FEET; THENCE S 22'45'56" E, A DISTANCE OF 21.35 FEET; THENCE S 07'42'59" ~ A DISTANCE OF 23.99 FEET; THENCE S 33'05'03" E, A DISTANCE OF 33.54 FEET; THENCE S 86'21'06" E, A DISTANCE OF 29.69 FEET; THENCE 5 02'17'12" ~ A DISTANCE OF 62.75 FEET; THENCE S 37'58'01" VY, A DISTANCE OF 29.07 FEET; THENCE N 86'30'27" ~ A DISTANCE OF 45.71 FEET; THENCE N 60'22'11" w: A DISTANCE OF 22.98 FEET; THENCE N 10"49'00" ~ A DISTANCE OF 40.18 FEET; THENCE N 03'09'35" E, A DISTANCE OF 27.49 FEET; THENCE N 24'33'08"!tV, A DISTANCE OF 28.89 FEET; THENCE N 62'27'58" ~ A DISTANCE OF 17.66 FEET; THENCE N 26'57'38" ~ A DISTANCE OF 29.26 FEET; THENCE N 12'49'38" E, A DISTANCE OF 29.57 FEET; THENCE N 18'51'13" If, A DISTANCE OF 18.64 FEET; THENCE N 22'19'30" E, A DISTANCE OF 19.54 FEET; THENCE N 44'18'44" E, A DISTANCE OF 15.80 FEET; THENCE N 85'34'07" E, A DISTANCE OF 21.36 FEET TO lHE POINT OF BEGINNING. LESS THE RIGHT-OF-WAY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. 2678 2674 "'-~~.l} 2672 I ~'Or;:, C:J~ . ,~ "" ~> 0 .z" ~, ''''0 i'2 '" '" 'D 'D 'D '" C:J '\ >. ~V ~~, ,~>^ :.'.. US' ~"."., ,,. ':!; ~ - ( ,....... CHI- ,'". ,'" 1/1' , ..... ...,.'~ ., "-- ~ .,'" 17 '.' Ii, .....,,}>1 ~.,'J:" ,.. ALLEN 2680 MHDR 2664 2660 '" 'D 'D '" It c 'ii .,..,..../ xiL?'ll " 2758 ".' , ...,.....,..,..,. '.""""'/m,.' m "., /1 ........ ."'. .'. ~..'. ........"...,...', '/>', ..m," .m i.' '.j... · .'...... .,'. i...,....mi...i..~\ .i ....,.,..,...(mm. '. .,... .'.',.,. . ".' ./ '.'." ..'.':.....,'.'...,..."....,.t'" ..>t.m ./. .".,' -'--,.C- ""."'.mm> ...." m./ ',.' tt ,. 2754 9750 .'./...l '............ .....,'. '.' ..,..,.....".,. t.. ,/....i... i /..,", ". '...i'...,. 2552 'mm..,..... "'. / ..,' """, -;. ,','.' ........... . tm ...., ..:(' -11> i....... ., ...... /. ../ .i ....:i:...,,' .......,.............. i.....,> ....... ..... .... .." .,'.........,..,'i .. m. ,.,...... L'. . ....... r.......,..m......,... I I .. I,.,.,.".' ....... ./m . ...,.........../(...". . .,...,'.' . .', '.'. "'m .,. mi: t.. /ii ,'....: ".../.:.....~ i,/...........,..,.. ,.,...."...... ..... ./ .mm ,,',. .: .,...,.., ..... ..':.' ~-,-,- 2656 Surrounding Zoning Map Owner Robert Hupp and Allen McMullen Site: From: To: 3080 Allen Avenue Land Use P R/OG Zoning P 1 (County) o Case: LUZ2003-05004 Property Size!Acresl: 0.38 PIN: 28/28/16/00036/004/0120 28/28/16/00036/004/0060 Atlas Page: 212A Ordinance No. 7168-03 · CITY OF CLEARtATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 SUPPLEMENTAL INFORMATION REQUIRED FOR APPLICATIONS FOR ZONING ATLAS AMENDMENTS Please submit 15 copies of the attached Application for Zoning Atlas Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership (Only 1 copy is required). Names of all persons or corporations having a contractual interest in the property. A copy of any existing deed restrictions to which the City is a part relating to the property. Any request for a rezoning which is inconsistent with the Future Land Use designation in the Comprehensive Plan must be accompanied by an application for a Future Land Use Plan Amendment. Attendance at Public Hearinqs The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Standard for Review All approvals of zoning atlas amendments must comply with the following standards: 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. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. 5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Page 2 of 2 .a J,1] V ] 1!-J'" i]~~ "''''_. ...... l'h u _ ,-"..i...i..t V..l.' '-..L L.J..~.I\... V)' _1. .L .1"\. .i T>PT l!u3, TiTON FOR ZOi'-;T'-;-G ~ Tl .~ ',\ '\.r1~":\iil;'Al=i,",-"T' _........A.... ........ ....t..-...L. '-'J.....l......L.. ..... "' -'L .!.. ~..1.~ -, .....-4.......... ...............L~.........J _--::l..._y~...L. .L/~T--"----...:... , .L PL~.'i0i1=,rG DEP_~-,-RT:'v[E~T :'y[T~'"?-.flC:P .-':.~ 31:?1.. ~/~C~S 3 Lll:;n\fG. 1 CO SC:, L~-=-:-: ~'t'I""l:'R.~=-~ _~~ \.'~~JL -=. :mi ;:-~.JC-~ ?~C~fE -:;-\ =6=-~:o7 r- ~ ~ , .56:-"'::-0 RE:C;l:IVEIT A?PL.iCANi, ~RCP~:;i'{ OWNERS, ANC ::"GE:'lT iNF-JRMAT1CN: ,':".?~I_>:;"N7 ,~-JA}..1E~ Rober~ HUDo and A1'e~ Mc~ullen MAIL:NGACCP.ES3: 3090 Charles Avenue, Clearwa~2r, FL jjibl i PLANNING DEPi\RTMENTi "'If" en=- - , \,." ! ,.' c..LEAKWATER i -25-8~90 I I I I I I I I ?~C~JE ~jUMEE;:;,: ;=:',)( :~UMB:::;::: ?c:,cP:::=:r{ C'IVNE:=S: !LSl all cwners) (~=7! J.22 -;JL12Z (72~) Robert Huoe and Allen McMullen [BE GroUD. Inc. AGE?'.lT NAjl\l1E~ MAIL:NGACCP.ESS 380 P3rk Plac2 Souls'jad, Clear'8ater, ;:L ?HCNE :'iU~...16E::;: ?.l,X NUMB E:::,: (727) 531-3505 (;')-\ 1..- _. i S=?-~29L1 SiT:: INFDRMAiJON: LCC,:.,7ICN: 5oulh\'/es~ corner 0';- Mc\1ul1erl Boo-cn Road :3nd Char' es l\verlue 2~:=:,E~ ,';OOFlcSS: ;",='3.';L :'ESC;:;iFT1CN: Acker's Sub-division (Lots 6 through 13) (3080 Allen Ave) 5e':: at::ac'-1ed. ?~.rC::L NUMBc::::,: 28/28/15/00036/004/0080. 0120. 0060 D 1 I --.:.. .........",-.-........... -'-'&.""''-' =...,'d":; I ll"lt....:; _.........iI.HI'lu. o PC:CPCSc'J :CN1NG. R/OG and D L~ND IJSE: ~f_~J~ S~~,S3;F~C;',T1CN: Si::~ .:F SiTE: 0.38 AC ME.~SQN F<::R ::1E':UE31: See Exhit~b IID-,il. I. ~he 'Jnde:sic;ned, 2cknowiec::r;e th2.1 :=:ii r.saresenT2rlons ~a.C5 :n ~hrs ::.cpiic2.:icn Si,~T= (JF r=I-QRiC,p.,. C::JUNT"'r OF ?!NE~!-AS :3 we rri ~D 2.nc ~ubsc~;tec ~etor2 rne :hls ~-4-~ -:]2.V'JT tv\~ 'A ~ . :0,.::::.. ;,2..200~ :OTle '3.r;djC~ DV ~'c:l~~ '\.l'--.lj),,:) -\- ~\\"'.... V~W:1'\wnGS :::e''3cr:211V ::J1G\'~~ ,:2.~:~_rCC~=2S ~ 3.S 'CE:nliiiC2Llap. ~ \ ~ '-.~\ ~llltl/llllll / ,,---~, -!,.... ....~~,\\:~~:::~\Nc. 1/1 \i~.- ~~,,_,~ \ ',~~ ,,-~':,::"~~"'~ '--. ~<5 1/\ .u'."-,/.~~~I,~." I II .'-. -.J' . \I<\O-IOy '.(-N-::;' ~ ~~..,..,\::..~.~~-,'-~. ./ ":I ~.... ...::J~,--::/S..'-:;,,- ,ilV ~""""llljS.:JI'-'11 -=,(C~ ~ . ':j ;;. \/ <::17 -0... -' . ! .: ~ ~~' . ~';' ~~~.: % 2.r-s :r~e a.nd 2C:::.Jr219 ~': the ':Jes~ elf ,IlY i-;rA:CWle~C1&c'J'----' . ~, ,. :7 , ~\ -, , '--'-------- ' ...---( -f ' ,. ~ " --------' ^--'.,' '-" ::7--:>%'" ./ / :, , '/', .-/ /., / J /# ,r/(4t- I _, _." ~-""~~TU"- -." nrT'"'r-lr jfl9Ar''-'~ ~~...,.. ~-r--- ,-- ;:,,,0''''''' .cO' -' AU_"''''ij' ~, ,C'_, 2_", """Ivc- ::: .... ; :+= . - 10:':98' or::: .: - . ~. ~ ;00126-895 .: ,~~ ~,~ ~:;J:. ~:;:'Y ;~€a r.""~(~> ",'~-<"~ F/.< '~u .......b~:\~~~".\.:\:/'<~ 1'1 911"-~,''C. G ''''-' I,' 'J. ;)11" \", '/, 1/ flllll \1\\\ - . EXHIBIT" A" 1. The proposed amendment is consistent 'vvith and furthers the goals, policies and objectives of the Comprehensive Plan and fiirthers the pwposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed amendment is consistent with the goals of the City's Future Land Use Code, Section 2, which states "Clearwater shall focus on renewal of declining areas, stabilization of built-up neighborhoods, and infill development, to encourage economic vitality and counteract the scarcity of available vacant land". Also, under Section 2.4, the FLU's objective is to actively encourage infill development. The intent and purpose of the Office District as stated in the Land Development Regulations "Is to provide the citizens of the City of Clearwater with convenient access to professional services and high quality jobs throughout the City without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater." 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. The current Pinellas County Zoning for the subj ect propelty is P -1 and R - 3, the proposed amendment and annexation to the City of Clearwater's "Office District" is compatible with existing and plan uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. The proposed amendment does not conflict with the needs of the neighborhood and/or the City since the Office ("0") District is consistent with the northern office zoning. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. Potable water and sanitary sewer service to tbe property is available by the City of Clearwater. Potable water service is available by a lO-incb line along Allen Avenue. Sanitary sewer service is available by a lO-incb sanitary sewer system along Allen Avenue. 5. The amendment will not adversely burden public facilities, including the traffic-canying capacities of streets, in an unreasonably or disproportionate manner. The proposed amendment will not adversely burden public facilities since it allows for tv/o access points ("existing driveway along McMullen-Booth, which is to be improved, and a proposed driveway along Charles.) J:\02024\02024130. 02\DOC\P em1its\ExhibitA.doc e e 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the narural environment. So noted, refer to enclosed survey plot. J:\02024\02024130.02\DOC\Permits\ExhibitA.doc .., . CITY OF CLEARWPrER _t\FFIDLL\. VIT TO AUTHORIZE AGENT PLA~"NING DEPARTl\rffiNT MUNICIPAL SERVICES BUILDING, 100 SOLrrH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 Robert Hupp and Allen McMullen (Name of all property owners) 1, That (I am/we are) the owner(s) and record title holder(s) of the following described property: Southwest corner of McMullen Booth Road and Charles Avenue. Ackerts Sub-division (Lots 4 throuch 15). Parcel Number 28/28/16/00036/004/0080. 0120. 0060. 0150. 0040 (Address or General Location) 2. That this property constitutes the property for which a request for a: One-story medical/suroical facilitv of approximatelv ?O.OOO sf, is oroDosed alono with the rezoninq, annexinq and land use amendment applications. (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint TBE Group, Inc. as (his/their) agent(s) to execute any petitions or other documems necessary to affect sucn petition; 4. That this affidavit has been executed to induce the City of Clearvvater, Florida to consider and act on the above described property; 5. That (I/we), the undersigned authority, hereby certify that the foregoing i STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws . t: State of Florida. on this "t ~ day of ,~()~ personally appeared M u who having Deen first duly sworn nd says that he/she tully understands the contents of the affidavit that neJshe signed. .I "'",- "'-'" My Commission Expires: ,,\\ \ \ "" 111/ 1I11 ,:-\'~y-'C.R\NE ufll//. ~ ~\ ....... 'v,;", ~ ~. CJ .."'~\SSION ....<..~ ~ ~ ..a~ \7 t.-f:o', ~ __ . \ C3 ~~ , .20a ;:;.,. -::::. :- .. ~ 'o':! i5' ."'" '. ~ '~*~~ ..... 6J~*~ :~~.. #DD126895 :""g S: application forms/development review/Afiidavi'~..Nttnqrize f;ogel'VIf!~ " C-9 '. 'a,y VOI'Joo;(j \\', ,,(! . C5 ~ J",.)-;O ...PUblicU~...~<<.'V~ '" GI/O ....... ()\ :0." F'",;,L/C, STI>.\t. ",'\ /11'" /III \1\\\\' ~a~ ~c u~ u~:c~a OS/Oj/200J THV 15: 4.0 ~ea4ii ExecutiveSuncoast FAX 727 46F~..JO ~ICFARLAND GOULD IT AL 727.26 8190 p.2 ~OO2l004 RETURN TO & Prepared By: IDonald O. McFarland, Esq. McFarland, Gould, Lyons, Sullivan & Hogan, P.A. 311 S. Missouri A vel\ue Clearwater, FL 33756 . 727 -461 -11ll KflRlEEN F. DE ~R, !5&Jf. G ~INELLP.S ~~~-~~~~~E~t~8 3C'153Q3 05-08-2003 1~:38:5t, LHP. 51 LBl-n1JGERS OIJOOOO 3010 - 00000388 U:031B65B9 B/{:u'{31 SP!J:2453 Ef'G:2455 fi.E!]RDIHG 003 PAGES 1 $15.00 DOC STAMP - DR219 3 $406.00 ~UITCUlH,.o[Ol (lR"'I~.;1 Gnmtor'5 Nllme: Gra1ltor', Name; Philip W. Rogers Linda Rogers TGTIt: ClfGK HKT. TEHDf]ED~ Cl:iAAG ~ PMRJNT; BY C';WJ:&.- Dmm CLERK $421. 00 $416.50 $4.50 Grllntee's Name: Allen M. McMullen- Robert Hupp T;;&:x PllrceI No. Property Address; 01-J~6589 HRY- e-200~ 2;3S~ P1NELLRS CO 8K 1273\ PG 2~53 I 1ID1 Imn I ~1Il11n1 Uti llI1J I~~ IW IlII ---.----..-.........-..-...-..--..........---......-...... --........-.. --...-.... '" -- --- -------------------- QUI TeL ArM 'n E E D TJu5. Indellture, lr'.adrJ this 2. ~ Jay of December,A,D. 2002, Beiwt!t:TJ Philip W Rogers and Linda A. Roger!: ,hu:,'band andwift!. whOSr!pOSI oJJlcea.ddress is.J754ArbianLane, Palm Harbor, FI 34685 (h2reinajrf!T're[erred to as "GramOr'), -AND- AII01 M McMullen, Jr., a/lUll AJ!en N McJ4ullen and Ann R. Mciltfullen, husband and wife whose address is 2965 Sunset Painl ROlld. Clearwater. Ft 33759 and &0<''1'1 R. Hu.pp. a married m{!n . whose post office address is 104 KloSli:xm.an. RoiUl, Palm Haroor, FI 34683 (hare.uwfler referred tr; as "GraI:!1e::I<). WITNESSETH, That :;a.id Gralltor, in consideration of the sum ofTEN AND 001 J OO'S ($ J G, aO) Dolla.rs and arher good and valuable considerarioTis in hand paid by thr: said Grante!!. the recdprwhereofis hereby acknowlr:dgr;d. has remised. re.le.ased and qurrdaimed, and hy thl!.Sf! pre.H!.nt.. docs rc:misc, release and quitclaim un{n {ju!. .<aid GranIC!! all rhe right, litle. imerest c/ail11 an.d demand which /hr:: ~aid Gran/or has in and (0 the/allowing dr:scrio{!d lot, pi<:ce or p(lrc~1 oflllrrd, siruate. lYIng arid being in the County of Pinc11a5 Stale of Florida, to-wi,. SEE EXHIBIT "A", ATTACHED HERETO AND MADE A. PART THEREOF Grantor ''Yarranrs that at the time of this conveyance, the subject property Is not (he Gtllntor's homestead within the mellning .et forth In the constitution of the state of F1Grldll., nor is it contiguous to or J. part Df homestead property. Subjcc, to Ell[ Eas~men[5, Covenants, Restrictions and Reservations of record and to Real property taxe:; for the year 2.003 ami 511bscquem years. To Hove Clnd 10 Hold the same, toga/her with all and smgJ.ilar Ihe app~rIe/Tances !herf3tmlo belonging ar in anywt'sc: uppertain ing, and all tflt~ ::state, right. litle, (f!ler~{ and claim whatsoever Gfine said Grantor, ~:iher in jaw 01' equity, to rhe ollly proper' use:, Qr!.ncfit and !Jr?hoof of rhe said Gruml!(!.. "Gremtor" and "Grantee" are usedfor ~irtgl.llar or pIl.lra[. as canti!Il rf!qIlire;'. ,--j . PAG:'.$ -; ACe: ~ "3 ;J~ -"r. A"IT LL- ii 1".,r\.:,J. In ,-,-- '---" CA~,Mi If}!p" 7) tz" ~~ I k0-f . ! ;:i€C os QF\!19 os !NT FE~S ,n>' PIC >lEV TOTAL b)"CD d5 -'- I"...i-..J uU.~ad ~eatIJ ~xecutlveSuncoast FAX 727 461~4.:l0 MCFARLAl-.'D GOULD ET AL 727_725 8190 p.3 Q5/08!ZOOJ THV 15:~1 ill OOJ/004 PINELLRS COUNTy F~A, O~F.REC,eK 12731 PG 245~ wr;rC(!1l. IN WITNE~S WHEREOF, Gran!Dr Ira:r h(!J"l!unto ~{!t Grantor's hand and seal rh€ day and Yl!a,. jirst above Sigrlcd, scaled and d.diJlered ill (he re:,ellce of: ~~ Lc....... \..( .; PrInrec! ar Typ~a Ntme fJf Wllllcn ill ~I~~~ (\ ~O,diCQ~ Si~ of,Wirnc33 il'~- \-..Do,.-tscl \h\ '" ( , "\ ?nnl Or TYP1:u NILm~'Wimen if}. ,~y " y\~ L.c......., \-! V Printed Of Typed N~me oi Wimc3~ # I Sb~G.~~~ Sign~,u~~fWill'll;o<dj2 C \ - \ I ru\rJ\ If\ ___, t-..(X).....~ Y\ P,,,,rct! or Typcd NAme GrWhn.."" n PHILlP W ROGERS Printed or Typed N~me of Gr:lnlOr Si DA A. ROGERS !'ttmed or Typed N~me of Grnntor STATE OF FLORIDA COUNTY OF PL"XELLAS Tile foregoing Ins (rumenr was acJmow/l!aged before me (hI's fa jtJ] day of December, 2002, oy P HILlP W ROGERS and LINDA A. ROGE,R.S, who is/are per.ionally known (0 me or who nas/have produced a drivers ltcense as Identification and who did not lake an oalh. N'~~ Notary Please Print Name: My Commission Expires: Commission Number: (SEAL) \\\\11 IIlIIf IliI" ~\\\~ 't-S-R1Nt: / ,f :'/,-''''J; ~ .;:. .......~~~ $' (J .':'.\l,lS5l!l" -0. ~ '" .. rjfr "-.r:. . ~ g ._:"'<:4 ~I 'I.~~.&. ~ .:;; :~ 'll ~ '(f;" ~ ="*": .._ :...L:= = 6 .JI(~ ~ ~.~. roo 126&95 ! --c2 ~"""'.r~ ,.,.!.f;!::;- 0.::.-;'. "~~~ ~.' ff...$ ~"-4"...~0f!C~...:~':..~ ''If';Jl!C''ST~\r;. a\\,~ 111'(SlfI\ HIH,\1 1.1.a~ ..L.C U.,J UO:; C:::::.a oS/lIe/zoo:) THti 15: U FAX sooflJ [1!:i9 O~ nv:r.:t] ~eatIJ cxecutiveSuncoast 727 46104JO ~fCFARLAND GOULD ET AL gg:so ~ COO~/LO/10 727_726 8190 p.4 I4J 004/004 ~1.'~~LRS COWN\i r~~~~ ,... f"'- 12731 ?G c;.4-- ClF~ RC al< Exhibit '~A" Lois 4. 5.6. 7, 12, 13, 14 and 15, Brode, 4, Adq's Subdjvision, ~ccording to pl!l.t rncrcoi,.'iS recorded in PIal Book 30, PJte 9 L public: w~otds of PineJ~s CDltn.ty, Florida AND The Wc:.sr 75 (eet ofLo~ 9. 10, and 11, together -,...ith ;l portiou of me West 7 5 ~e[ afLo{ 3, Block 4, Acker's SUbdivision, :l.Cc~lrlung to plat ther=of. ilS record..-"d in Plllf Beak 30. Page 91, public record! of Pinella.- County, Florida, ill Section 1!, Township 28 South..lUnge 16 East.. Pinl:!las C"unty, ~ described a.J> iollows: Commencing At Ih<: Southw~[ l:OnJW o{~Bid Block 4, nm S SS'-:!7'09"E along !he South line of ~l1id Block..t, for a dist=: 1)[615.65 feet to the SQUthwesl comer af ~id lot 11, fon POINT OF BEGINNING; thclce N OQo17'43"'E jllong tho We3t line of said Lots J 1,10,9, and B, for a disb!l.C'" of240.0Q feet to rill1 Northwest corne: of s:;Iid Lat 8; lh.e:,,,,, S 39"37'09"E Jllong rh" North line of uid Loc &, for Il distance of 57 ,67 fe~~ menc/: S 30-40'22"E, for a distance of 33.6i fe"~ to · Point ofJrne=c;tiQll with th:: Eastlioe aCthe W~! 7'5 f~ of said Lot B; lhence S OO"lT43"W aloog ulI:E:lstlme Q(saidW::t 75 fc:t:tofLm 8, 9.10 and 11. fer:l dislanc., of 211.15 feel to :l Point of Intersection -with ~ 50mh line of sajd Lot 11; \hex;ce N 89-21'O$"W iilongsaid Souch.li=. {or a di5.tluIce af75.00 {<:et Co tlu POINT OF BECINN1NG. l'og~ther WIth: A portion of the 30-Foot 'Wide rlghl--of-WlaY for Allen A venue,. as shown 00 dte Pbl of Acu.', Subdivi.lion, ~ recorded in .Plat BQQI; :m, Page 91, ofth~ Public Records ofPinelbs County, florilU, being mote p;uric;u!uly des.cn"bed as follows: BeiPn Jlt the Southwcxt co= ofLat 15, Block 4, of said pbt of Acker's Sub<ii.visiQn, !.beIlc!:; the iQllowing fo~r (4) cour5CS; I)S 39037'27" R along the Nonherly right-of-w<1Y 11= of AlI~AvenLlQ, 315.20 Feel; 2)5 00" I T 4 3" W' alon.g the W esterly.right-ai-way ,line ofML:.A,1uJlen 3noili Road, (as; no.w existing), 30.00 Fee!; 3)N &9G37'ZT' W nloog the m!-West CeoterliDC .of Sllc\ion 28, Towuship 23 Soum, R...oge 11i E1Sl., Pind.!:u County, Florida, 315.23 Feet; 4)N 00"20'41" E ;Ilong the SCMhaiy prnje<;tiC'Il of the We:;t bounda....y of ~Id Lor 15, 30.00 F.-a l.o thr: Point QfB~&. '" STAlE: OF- Fl..OHfOJl ;:>'/\/=l..I....."COUNTY ~ ~\l I ~ <;em"" 1M! Ille IOl!lgomg IS ts; ""'-"""'~ ~~ ~~~~.~~oll~~~:~)~!~p=,amQng r ~ '.,: ';,,<~ ThlC ~ ,j4'/"::! f~ rl CJ .:O~ ~, ~i ~~L~NF Dil6llAKEFl (;~\.... ~~ (JPen<QlC:r;u\lO:lUll. ':-1'1~,,: \.dI ~~ ..",'"........-~' i'.Y' '\ A jfr ~. A "\) /\ C1 < D~ ~ ~ 'j-8808 'ON~_ ONn: SNi 3Hl1 S/\3N~Oll''i \Wto: 8 EOOl 'L 'N~r e e Bryan Zarlenga From: Sent: To: Cc: Subject: Finch, Terry [tfinch@c1earwater-fl.com] Friday, May 16, 200310:03 AM Parry, Mark Bryan Zarlenga 3080 Allen Avenue 1 am going to assume that this is the same site as 3090 Charles FyenUe that TEE is designing for the Hogan Medical Center. Yes, I have agreed that che Preservation land use can be changed from Preservation to "??," as the isolated wetland on site is severely impacted. However, thac agreement is contingent on the stormwater treatment pond being designed as a "wet" pond with aquatic vegetation. Do you have any plans that would indicate the size of the stormwater treatment pond as it might compensate for the loss of the approximately 0.33 acre isolated wetland? > -----Original Message----- > From: Parry, Mark > Sent: Friday, May 16, 2003 9:21 ~M > To: Finch, Terry > Subject: 3080 Allen Avenue > > Terry, > We have an ~Bnexation, Land Use and Zoning app in to, among other things, > change a piece of a property from Preservation to Office. The applicant > says they have gotten your blessing on this. Can you provide anything in > writing to that effect? > > Mark T. Parry > Planner > City of Clearwater > Planning Department > 727.562.4558 > mparry@clearwater-fl.com > ~ . e TBE GROUp,. INC. TELEPHONE CONVERSATION RECORD PROJECT: PROJECT No: CONVERSATION WITH: REPRESENTING: The Hogan Group - Charles Ave./lv!:cMullen Booth propenyl 0202413000 DATE: December 10,2002 Bill Copeland CODE: TT [TELEPHONE FROM OR To] SvVFWJvID PHONE No: 1-800-836-0797 Phone Conversation with Bill Copeland, S\VFWMD Environmental Dept., regarding the existing preservatIon area. According to Mr. Copeland, in order for SWFWMD to determine whether or not the preservation area is claimed as jurisdictional wetland, a survey showing the pond top of bank must be provided to him. The top of bank can be used as the delineating edge. From this survey and a site visit, SWFM\VD will detemline if the preservation area is designated as an isolated wetland that is less than 0.5 acres, and does not contain threatened or endangered species. According to Mr. Copeland, and SWF\v1\1D's Basis of Review section 3.2.2.1, compliance will not be required for regulated activities in isolated wetlands less than one half acre in size. that do not contain threatened or endangered species. By: Michelle C. Giuliani ROl1TE TO: -_.~----_._---~----- ---~---_..._--.__._-..._.._.._-_..._--_._---------_.__ cc: File 02024-130-00 -----~--~._~------- -.......---.---.------.----.---. ----.-.-----------.-- .__._~---~_._-..-_..._--_._._._----_.._---_._----- .--.-----.---.-.--...--...-.-.--.--.--.---.-....----..--_._---.~.__._._-_.__......_......_.. _.~._~--.._----_..._.._._----.-._......_.-_...._-.__... .-.-....--.--------.-.-.--.--.--.--- J :'.02024\02024130.00\DOCCommenlS'copeiandyhonerec l.doc I I I I I I I I I I I I I I I -, - . J1-~ TELEPHONE CONVERSATION RECORD TBE GROUp, INC. PROJECT: The Hogan Group - Charles Ave./McMullen Booth property/ PROJECT No: 0202413000 DATE: December 6.2002 CONVERSATION WITH: Theresa Goodwin CODE: TT [TELEPHONE FROM OR To] REPRESENTING: PPC PHONE No: 464-8250 Phone conversation with Theresa Goodwin, Pinellas Planning Council. regarding the preservation "P" area on the property. Ms. Goodwin confinned that the property is designated as R/OG (residential/office general). and P (preservation) in both County Comprehensive Land Use Plans: 1. The County Future Land Use Plan. and 2. The Countywide Plan. The PPC has no problem with the annexation through the City of Clearwater. However, the City will need to mend the City's land use plan to be consistant with ppe. If the preservation area's designation needed to be changed in order for development, that is, if this area will now want to become R/OG, then this will need to go through ppe, and will take 2-3 months. If the designation stays as "P", preservation, then nothing will need to be done by PPC, and PPC will take City annexation. Ms. Goodwin also stated that PPC does not allow preservation areas to be used for stormwater retemion. She stated that if the City determines that this pond is not environmentally sensitive. and is not viable wetland, than the preservation designation can be re- classed, and this will need to be presented to PPC, and go through PPC procedures. This will be done during the City's site plan review. By: Michelle C. Giuliani ----~-----------_.--~~---.--.-~--~.------.-,-.-.,--... cc: File 02024-130-00 ROUTE TO: J:\02024\020:24130.00\DOC'.Commenr.s\goodwlnyhonerec l.ooe NOTE: JDL ... WElLAND JURISDICTIONAL LJNE AS STAKED BY SCHEnA ECOLOGICAL ASSOCIATES, INC, ON JANUARY 14, 2003, SECTION 28 , TOWNSHIP 28 SOUnl, RANGE 16 EAST PINELLAS COUNTY, FLORID" POC NW CORNER LOT 8, BLOCK 4 N, BOUNDARY, LOT 8, BLOCK 4 S 89'J6'S8"Y-Sf.6r d)~ 9"" CHARLES A t,.E - -I SCALE: 1" ... 40' BEARINGS BASED ON mE S, R/W UNE OF CHARLES "VE" BEING S 89'36'56- E, LOT 13 I PDB ~ 9\6' '" jl r-'-' ,_L7 S 6'0,'1\ LOT 8 /,() L2i '-'l 'v'V " \-0 /3: ~I . 0'" . I LOT 7 .~ - - - \0 i <<~.) \: I WFTLAND I In ) I JURISDlCnONAL ~C)I_I AREA '0' ~! ~. ~ ---11 /'\ . ~~ I ~ . \ I ~() \ - ~,-r--,,~'-- +-1 - t ('>' /") G . if) ~~ 0 1---1 I' c.-'') () I. .0t1s 'v I \. -+<:)' 0'\____JDL 1--------- \f~ LOT 10 ~(j I (~.\ I " '-- I '-L7" , --.- I I LOT 9 JDL LINE TABLE L 1 S 80'49'22" E 1.2 S 29'51'24" E L3 S 02"17'02" E L4 S 22"45'56" E L5 S 07"42'59" W L6 S 33"05'03" E L 7 S 86'21'06" E L8 S 02"17'12" W L9 S 37'58'01" W L10 N 86'30'27" W L11 1'4 60'22'11" W L.12 N 10'49'00" W L13 N 03'09'35" E U 4 N 24'33'08" W L15 N 62"27'58" W L 16 N 26'57'38" W L17 N 12'49'38" E L18 N 18'51'13" W L19 N 22"19'30" E 1.20 N 44'18'44" E L21 N 85'34'07" E 28.06' 21.06' 37,31' 21.35' 23.99' 33.54' 29,69' 62.75' 29.07' 45.71' 22.98' 40.18' 27.49' 28,89' 17,66' 29.26' 29.57' 18,64' 19,54' 15,80' 21.36' LOT 6 ) LOT.12 nl -11 1-- I I ':3 '-.'. I I '. LOT 11 L "\ l j -- -_\~-_/ ", /~ 1..1 '. 'v ALLEN A t,.E 1 -- , , - L TO' - , - , J ~30~ RIGHT-OF-WAY (p) RECEIVED C:JLANNING DEPARTMENT OF CLEARVV!\TEP SKETCH PREPARED ,TO ACCOMPANY LEGAL DESCRIPTlON NOT A BOUNDARY SURVEY GENERAL LEGEND: SlR/C - SET IRON ROO &: CAP No. 298.... FlR/C - FOUND IRON ROO &: CAP, FlP - FOUND IRON PIPE, FPP - FOUND PINCHED PIPE, R/W - RIGl-IT OF WAY FCM .. FOUND CONCRElE MONUMENT. SN.tO - SET NAIL AND 0151<, FN.tO - FOUND NAIL AND 0151<, PCP - PERMANENT CONlROL POINT, (p) - PLAT DATA PR'" - PERMANENT REFERENCE MONUMENT, PKN&O - PARKER KALON NAIL AND 0151<, (D) - DEED OAT.... (F) - FJElD OAT.... (C) - CALCULATED DATA PROP, - PROPOSED, COV, - COVERED, ESt.4'T - EASfJ.lENT, F /C - FENCE CORNER, Cl.F - CHAIN UNK FENCE, Wit - 'M>OO FENCE, { - CENTERUNE CONC. -CONCRETE, c/B - CONCRETE BLOCK, cis -CONCRETE SLAB, Ale -AIR CON0l110NER, E/P -EDGE Of PA~"'ENT, LIE -LOM:5T flOOR ElEVAllON PB - PLAT BOOK. OR - OFFlC1AL RECORD BOOK, C/C - COVERED CONCRETE. MAS - MASONRY SlRUCTURE, B/C - BACK OF CURB, B/T - BUILDING TIE CS/W - CONCRElE SIDEWALK, OHe - OVERHEAD CABLE, PL - PLANlER, SSM - SITE BENCH MARK, EL - ELEVATION PAGE 1 OF 2 1~ WAY ) ( JOHN R. BEACH & ASSOCIATES. INC. LAND SURVEYORS 911 W, ST. PETERSBURG DR, OLDSMAR, FLORIDA 34677 (813) 854-1276 ~ !OJ '" ~ Date of Survey OS/20/03 Drown By OMAX cae e 1"-"'0' 18741 Checked By oRB Revlelon Date "NOT VAUO W1TIlOUT TIlE SlGNAllIRE AND lllE ORIGINAL RAISED SEAL OF A FlORIDA UCENSED SURVEYOR AND MAPPER" JOHN R. BEACH D" TE flORIDA REG, LAND SURVEYOR NO, 2984, LB, NO, 4493 - SECTlON 28 . TOwNSHIP 28 SOUTH. RANGE 16 EAST PINELLAS COUNTY, FLORIDA DESCRIP TlON: WETLAND JURISDICTIONAL AREA A PORTION OF LOTS 6, 7, 8, 9, 10, 11, 12 AND 13, BLOCK 4, TOGETlfER W7Tlf A PORTlON OF TlfE 30.00 FOOT 'MDE RIGHT-OF-WAY FOR ALLEN A VE, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PAR TlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 89".36'56" E, ALONG TlfE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 57.67 FEET; THENCE S 68.49'16" l-'Y, A DISTANCE OF 94.05 FEET TO TlfE POINT OF BEGINNING; TlfENCE Tl-lE FOLLOW7NG TWENTY ONE (21) COURSES: THENCE S 80.49'22" E, A DISTANCE OF TlfENCE S 29'51'24" E, A DISTANCE OF THENCE S 02.,7'02" E, A DISTANCE OF THENCE S 22"45'56" E, A DISTANCE OF THENCE S 07"42'59" l-'Y, A DISTANCE OF THENCE S 33"05'03" E, A DISTANCE OF THENCE S 86"21 '06" E, A DISTANCE OF THENCE S 02'17'12" l-Y, A DISTANCE OF THENCE S 37"58'01" l-'Y, A DISTANCE OF THENCE N 86'30'27" l-'Y, A DISTANCE OF THENCE N 60"22'11" l-'Y, A DISTANCE OF TlfENCE N 10.49'00" l-'Y, A DISTANCE OF THENCE N 03"09'35" E, A DISTANCE OF THENCE N 24 '33'08" l-'Y, A DISTANCE OF THENCE N 62"27'58" l-'Y, A DISTANCE OF THENCE N 26.57'38" l-'Y, A DISTANCE OF THENCE N 12.49'38" E, A DISTANCE OF THENCE N 18.51'13" l-'Y, A DISTANCE OF THENCE N 22'19'30" E, A DISTANCE OF THENCE N 44'18'44" E, A DISTANCE OF THENCE N 85".34'07" E, A DISTANCE OF TO THE POINT OF BEGINNING. CONTAINING 0.38 ACRES, MORE OR LESS. 28.06 FEET; 21.06 FEET; 37. 31 FEET; 21.35 FEET; 23.99 FEET; 33.54 FEET; 29.69 FEET; 62.75 FEET; 29.07 FEET; 45. 71 FEET; 22.98 FEET; 40. 18 FEET; 27.49 FEET; 28.89 FEET; 17.66 FEET; 29.26 FEET; 29.57 FEET; 18.64 FEET; 19.54 FEET; 15.80 FEET; 21.36 FEET SEE PAGE 1 OF 2 FOR SKETCH PREPARED TO ACCOMPANY THIS LEGAL DESCRIPT10N PAGE 2 OF 2 GENERAL LEGEND: SlR/C - SET IRON ROO ct CAP No. 29M, FlR/c - fOUND IRON ROO ct CAP. FlP - FOUND IRON PIPE, FPP - fOUND PINCHED PIPE, R/W - RIGHT OF WAY fCW - fOUND CONCRETE WONUMENT, 5Noto - SET NAIL AND DISK, fN.tD - fOUND NAlL AND DISK, PO> - PERWANENT CONlROL. POINT, (p) - PlAT DATA PRt.4 - PERMANENT REfERENCE MONUMENT, PKN&:O - PARKER KAlON NAlL AND DISK, (D) - DEED DATA, (F) - FlElD DATA, (C) - CAlCULATED DATA PROP. - PROPOSED, COV. - COVERED, ESN'T - EA5ElAENT, fie - fENCE CORNER, elf - aiAlN UNK fENCE, W/F - VtOOO fENCE, t - CENTERUNE CONC. -CONCRETE. C/B - CONCRETE BLOO<, e/S -CONCRETE SlAB, Ale -AIR CONDIllONER. E/P -EDGE Of PAVEWENT. lJ'E -LOWEST flOOR ElEVATION pg - PLAT BOOK, OR - OfFlClAL RECORD BOOI<. clc - CO~ED CONCRETE. lAAS - lAASONRY STRUClURE, Blc - BACK Of CURB, B/T - BUILDING TIE CS/W - CONCRETE SIDEWALK, OHC - O~HEAD CABLE. PL - PLANTER, SBt.l - SITE BENCH t.4ARK, EL - ELEVATION JOHN R. BEACH & ASSOCIATES, INC. LAND SURVEYORS 911 W. ST. PETERSBURG DR. OLDSMAR. FLORIDA 34677 (813) 854-1276 I fl1e I 187....7 -' ~ N " J~ WAY ) ( Dote of Survey 05/20/03 Drown By I Checked By OM AX ~B .NOT VAUD WITHOUT TIlE SIGNA TURE AND TI-lE ORIGINAL RAISED SEAL Of A FLORIDA UCENSED SURVEYOR AND MAPPER. SCale H/A Revision Datll JOHN R. BEACH DATE FlORIDA REG. LAND SURVEYOR NO. 2984, LB. NO. 4493 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor HEIDI HUGHES Interim Secretary March 11, 2004 Ms. Gina Clayton Long Range Planning Manager City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Mr. Clayton: Thank you for submitting copies of the City of Clearwater Small Scale Development Plan Amendment adopted by Ordinance No.'s 7158-03 and 7166-03 on September 4,2003 for our records. The reference number for the amendment is City of Clearwater 03-S6. The Department will not conduct a compliance review or issue a Notice oflutent regarding the adopted small scale development plan amendments in accordance with procedures contained in Section 163.3 1 87(3)(a), Florida Statutes. If you have any questions, please contact me for the DR! and Plan Processing Section at (850)922-1767. Sincerely, ~7 <:::;"' c: . _:,.""ly' JtUf/ 4/ - D. Ray Eubanks, Administrator Plan Review and Processing DRE\dj cc: Manuel Pumariega, Executive Director, Tampa Bay RPC 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 OVerseas Highway. Suite 212 Marathon, FL 3305G-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 48&-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 48&-7956 CITY OF CLEARWATER DEVELOPMENT & NEIGHBORHOOD SERVICES DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 March 5, 2004 Ray Eubanks, Process Pla1ming Manager Florida Department of Community Affairs Bureau of State Planning Plan Processing Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Second Small Scale Future Land Use Plan Amendment for 2003 Dear Mr. Eubanks: Pursuant to Chapter 163, Florida Statutes, and Rule 9J-11, Florida Administrative Code, the City of Clearwater is hereby transmitting the remainder of the small scale Future Land Use Plan amendments adopted in 2003. As approved thus far in the first small scale submittal amendment package of2003, dated August 19,2003, the total acres of small scale development amendments for 2003 is 20.7-acres. Approval of the four (4) small scale development amendments included in this package, totaling 5.87-acres, will increase the acreage for the 2003 calendar year to 26.57- acres. All adopting ordinances, public notices, maps and small scale development amendment submittal forms are enclosed for the following amendments: 2003: City Case # LUZ2003-05003 City Case # LUZ2003-05004 City Case # LUZ2003-08006 City Case # LUZ2003-08007 0.98 acres 0.38 acres 3.35 acres 1.16 acres If there are any questions, please contact Gina Clayton, Long Range Planning Manager, via telephone at (727) 562-4587 or facsimile at (727) 562-4576. Thank you for your assistance in processing these amendments. ~ Cynthia Tarapani, AICP Director Enclosure CC: Tampa Bay Regional Planning Commission BRL~ J. AUNGST, MAYOR.COMMISSIONER HoYT I-IA"1ILTON, VICE !VlAYOR-COMMISSIONER WIlITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER @ BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIR'vlATIVE ACTION EMPLOYER" a........ .{'IT. TV OF CLT:'IAn't~..T. ...'IT"R-n _ ~.J...i. ..L V ~' ft l'~_i~ft -.t\PPLlcATION FOR ZONING A.TLi~S A.MENDIVIENT PLANN1NG DEPARTlYIENT MUNICIPPl SERVICES BUILDING, 100 SOUTH MYRTLE A'lENlJE, 2nd FT~OOR' PHONE (727) 562-4567 FAX (727) 562-4576 r:::,~r~ iJ. ',~i ~i~' . L.. ~li~ !"'<iIi" --"'''_<~",-,-,-;: ,~ .- : l () Z . ..:O~ Cf()'1 ( 727) 422-0422 APPLICANT, PROPERTY OWNERS, AND AGENT iNFORMA liON: APPLICANT NAME: Robert Hupp and Allen McMullen MAILING ADDRESS: 3090 Charles Avenue, Clearwater, FL 33761 PHONE NUMBER: PROPERTY OWNERS: (List all owners) FAX NUMBER: ( 727) 726-8190 Robert Hupp and Allen McMullen AGENT NAME: TBE Group, Inc. MAILING ADDRESS: 380 Park Place Boulevard, Clearwater, FL _ ,-""" ", /' r- :; PHONE NUMBER: (727):,~W5 FAX NUMBER: (727) 539-1294 .::-. ~~ /' <: r .'" /" ? ( - >~;;) .':. SITE INFORMATION: LOCATION: Southwest corner of McMull en Booth Road and Charl es Avenue 28/28/16/00036/004/0080, 0120, 0060 ,0150, 0040 IL.Jl f' I " P -1 a n d""R'='l o STREET ADDRESS: LEGAL DESCRIPTION: PARCel NUMBER: EXISTiNG ZONING: PROPOSED ZONING: LAND USE PLAN Clf\SSIF!CATION: SIZE OF SITE: REASON FOR REQUEST: Acker's Sub-division (Lots ij through I}) See attached survey-- :\;~ /'1O-V".. '~...-t ' " 1 j'tf~ A t\y) I i~. *1/'/// II / "It. '. i ./{'" ~ !.- ..g,LG.G--a n d P ('/,:). "'"'t7 '~,? ; 4-:-9-5 at res , """,/ See Exhi tlh"AII . STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this "'i~ "" day of ~'^ ~ ' A.D" 1,@J.200~ to me and/or by 'i,a \\ -+ q\I.t", JA. ,,^,"-\~W\who is personally known ha . roduced as identificati Page 1 of 2 . ~ \\\\\\\lHlllil;i" ~\\\)~~'~B\NE L .'I////. ,~~"(J<';.';;'~\SSION;", 'i ~ .~~ ..f;- 0'J e"\ 7r G .:.f:0_.~. ~ :::- ~ ~ ":J~i0 C/L.J. ~'.. ~ .:; l~ (5l~~ = '.::*... ........ :*E :',8,\ #D0126895 ':?f~ :, "'0; '. ~~, ~Onded \\11\> '!0'-~'o.' <if ~ '// ")--N.1PlJb'icunr"'<%..'<<.v~ '// u~~~,....".... ()\: ~ . 1/1/"LlC STI\\t. ",,,- 1111t/; 1111\1\\\\\ _ CITY OF CLEAR~ER AFFIDA VIT TO AUTHORIZE AGENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 Robert Hupp and Allen McMullen (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Southwest corner of McMullen Booth Road and Charles Avenue. Acker's Sub-division (Lots 4 throuqh 15). Parcel Number 28/28/16/00036/004/0080, 0120, 0060, 0150. 0040 (Address or General Location) 2. That this property constitutes the property for which a request for a: One-story medical/surgical facility of approximately ?O.OOO sf. is proposed along with the rezoninq, annexinq and land use amendment applications. (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint TBE Group, Inc. as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 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 (lIwe), the undersigned authority, hereby certify that the foreg~;~~ tr~!'jl Robert Hu Property Owner Allen McMullen Property Owner .Ofj!. :l /' \ r>V\A_JJv<,4--p \1 I STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws f teState of Florida, on this 'i day of , ~O":> personally appeared t ~ \1\ ho having been first duly sworn and says that he/she fully understands the contents of the aft day!. that he/she sig..8 \\\\\illHlliillll, _..,'(<\\\\vj-",\NE 0,f!ll/~ ...' <\'\ ....... 'I/'", ~ .~~:/cJ~~~s"t.\SS!ON ...,.<"~9 ~ " . c)},,' I:-/-;. :.;:;. _~ :/'CJ)~17!2o "9:-,).. ~ :_~ __" $- ')'\} ()j'l 'k -. ~ .,.... .. - (f). _ ;.;*: .... :*= ?f:~ ~ #Dl) 126895 : '''~ '.'~.(~,"~..*, -' ~~.-tI..-{:::}~ ~ "}~; . w~i~1' %~n~ed t\I~~~'". ;) '.~ S: application forms/development reviewti;ti$l~ltiEc.!f&i'1b(~~-$;gent .,%,;/lIC 8T;"\\:-\\\" 'fllilil II \1\\\\\\ My Commission Expires: e CITY OF CLEAR& TER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 SUPPLEMENT AL INFORMATION REQUIRED FOR APPLICATIONS FOR ZONING ATLAS AMENDMENTS Please submit 15 copies of the attached Application for Zoning Atlas Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership (Only 1 copy is required). Names of all persons or corporations having a contractual interest in the property. A copy of any existing deed restrictions to which the City is a part relating to the property. Any request for a rezoning which is inconsistent with the Future Land Use designation in the Comprehensive Plan must be accompanied by an application for a Future Land Use Plan Amendment. Attendance at Public Hearinqs The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Standard for Review All approvals of zoning atlas amendments must comply with the following standards: 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. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. 5. The amendment will not adverseiy burden pubiic faciiities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Page 2 of 2 - e EXHIBIT" A" 1. The proposed amendment is consistent with and filrthers the goals, policies and objectives of the Comprehensive Plan and furthers the pUJposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed amendment is consistent with the goals of the City's Future Land Use Code, Section 2, which states "Clearwater shall focus on renewal of declining areas, stabilization of built-up neighborhoods, and infill development, to encourage economic vitality and counteract the scarcity of available vacant land". Also, under Section 2.4, the FLU's objective is to actively encourage infill development. The intent and purpose of the Office District as stated in the Land Development Regulations "Is to provide the citizens of the City of Clearwater with convenient access to professional services and high quality jobs throughout the City without adversely impacting the integrity ofresidential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater." 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. The current Pinellas County Zoning for the subject property is P-l and R-3, the proposed amendment and annexation to the City of Clearwater's "Office District" is compatible with existing and plan uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. The proposed amendment does not conflict with the needs of the neighborhood and/or the City since the Office ("0") District is consistent with the northern office zoning. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. Potable water and sanitary sewer service to the property is available by the City of Clearwater. Potable water service is available by a lO-inch line along Allen Avenue. Sanitary sewer service is available by a lO-inch sanitary sewer system along Allen Avenue. 5. The amendment will not adversely burden public facilities, including the traffic-canying capacities of streets, in an unreasonably or disproportionate manner. The proposed amendment will not adversely burden public facilities since it allows for two access points ("existing driveway along McMullen-Booth, which is to be improved, and a proposed dliveway along Charles.) J: \02024\02024130.02\DOC\Permits\ExhibitA.doc e - 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. So noted, refer to enclosed survey plot. J :\02024\02024130.02\DOC\Pennits\ExhibitA.doc Ma~ 12 03 08:28a ReaJt~ ExecutiveSuncoast 05/('U200J THU 15:40 FAX 727 4a30 UCFARLAND GOULD ET AL llUITCLllM"c~a [1.....i1,<ltll RETURN TO & Prepared By: IDonald O. McFarland, Esq. McFarland, Gould, lyons, Sullivan & Hogan, P.A. 311 S. Missouri A yenUe Clearwater, FL 33756 · 717-461-1111 GnntDr's Nllme: Grantor's Name; Philip W. Rogers Linda Rogers Grantee's Name: Allen M. McMullen Robert Hupp T;ax PlIrcel No. 727 726 8190 p.2 . IgfOO2l004 KilRlEEN F. DE BLAKER1 ffYK...J1f~ is PlNELlAS COONTY, FtORtlWC(?t7 ~ ~~8 ----------------~------------ ---- 3C'l15303 05-00-2003 14:3B:5~, LMB 51 OCll-RUGERS 000000 3010 - ()(J(JOO300 I1~031B6539 BK:12?31 SPtl:2453 EPli:2455 RECORDING 003 PAGES 1 $15.00 DOO STAMP - DR219 3 $406.00 TOTIl: CIlGK AMT. TENDERED: CI!.ARG~ AMIJIJNT: BY am~- DEFtlTY CLERK $421.00 $416.50 SUD Property Address: O~-IQ658S HAv- S-200~ 2:39pn PINELLAS CO 8K 12731 PG 2453 Ilmll1ll1 illll nu Il~IIIIU 1[111111.11111111 QUI TeL A I M 'D E E D ............................................. .....................................-..-........................................-.....-...............................-.............--..---------------- -- - - ~ ----.~.., This lizdeH/ure, made this :l~ day 0/ December,A.D, 2002, Be/HJelm Philip W. Rogers arid Linda A. Ragers ,hu.sband and wife whose post ofjlce address is, 1754 Arbian LaTle, Palm Harbor, Fl34685 (h.ereinafren'eferred io as "Grantor"), -AND- Allen M. McMullen, Jr., alk/a Allen N McMulJen and Ann R. McMullen, husband a11d wife whose address is 19155 SLlnset Paint ROlld, Clearwater, Fl33? 59 and Rabert R, Hupp, a married man. whose post office address is 104 Klosterman Road, Palm Harbor, PI 34683 (hereinafter referred to as "Grantee"). WITNESSETH, Thai said Gral/tor, in cansideration of the sum ofTEN AND 0011 DO'S ($10.00) Dollars and orlter good and va/uafJ/e considerations in hand paid by tlu: .aid Grantee, the receipt whC!reof is hereby acknowbiged, has remised. released find qu.it('./aimed, and hy the..H! prcsent.f dfJl!s remise, release and quitclaim Ullto th.e .mid Grantl!.r'. all the righi, lifle. imerest claim an.d demand w/u'ch the sald Grantor has in Clnd to the/allowing describC!d lat, pil!cc or parcel oflmld, situate, lying and being in the County ofPinclla~ State afFlorida, la-wiJ: SEE EXlITBIT "N',ATTACHED HERETO AND MADE A PARY THEREOF Grantor W;l.rrants that at the time o(this conveyance, the subject property is not the Grantor's homestead within the menning /let forth In the constitution of the state of Florida, nor is it contiguous to or .J1 part of homestead property. Subject to all Easements, Covenants, Restrictions and Reservations of record and to Real property taxes for the year 2003 and subsequent years. To Have and to Hold the same. togalher with aU and singular lite appurtelfances Ih<Jreunto belonging or In anywise appertaining, and crll tll~ estelle, right. title, Interest and claim whatsoever of the said Grantor, either in law or equity, to tile only propel' use, benefit and behOOf of the said Grantee. · PAGES fi Ace, # GHG AMT - GK ~\T '. ~~~RtI91;r00J;6 os -H'JT FEES MiF PIC REV TOTAL "Grantar" crnd "Grantee" are used/or singular or plural. as COntexl requires. ft6U - 00 ~ M.a~ 12 03 08:28a 05/0(;/2003 THll 15: 41 Re.alt~ ExecutiveSuncoast FAX 727 46~JO MCFARLAND GOULD ET AL 727 726 8190 p.3 . ~ 003/004 PINELL~S COUNTY FLA. Q~f.R~C,BK 12731 PG ~454 IN WrrNE~S WHEREOF, Gran!or na5 hereunto 5i".1 GranIor's hand and seal the day and Yf!ar firrt anow wrirte/l. SigllC:a, .rei/lea ilna aelivered ,,, tile re~tmlJe of: ~~\--t v' ~~ PHILIP it. ROGERS Print~d Of Typed N~mc (If Grantor :~p ,( V\~ L.,.,""\o( V Prinlcd Of Typed N~mc of Witncn Il'I ~~G.~~~ Sign~tuffi~tr\ C/. krx>--\sr ~ Printed or Typed Name orWhn~",' #2 Si L DA A. ROGERS Printed or Typed NQme of Gruntar STATE OF FLORIDA COUNTY OF PL~ELL~S The fOregoing instrument was acknowledged befOre me (111~ 111 Jt!J day of December, 2001, by PHILIP W. ROGERS arid LINDA A. ROGERS, who is/are personally known to me or who lias/have produced a driver's ltcense as identification and who did not (ake an oath. NO'cb~/ Notary Please Print Name: My Commission Expires: Conunission Number: (SEAL) ~,,\\I\I' WI'llfft. ~\\.... ~tf\INI: I .or !.y~ ~C;~ ........~,('>~? ~ .9.~~\t\SS10Ncc{..~ ~ ~ ."~c:.; (\t17.~~... .~ =:, .~ -.:jl ~';9....'. ~ ::*: {Ii': := ;: .... =*i: ::.~. . -= -S 0 ~ 'DO 126395 :~;;::. ,. ;..< . -(;.. '-.fj:::: ~:~;""3J.~~ ~.t>..'r:S...~ ~ A.:" Ub(!t\.lrl6'''''':''~ ~ ~;; "'s(.........\:), ~~" "lffl'IIIC, ST/>;'I:~,\\\\\ 'WII,IIII, 05/!}S/2003 THli 15: 4.1 FAX 'SOO ~ [lLS9 O~ tH/U] Realt~ ExecutiveSuncoast 727 4~430 MCFARLAND GOliLD ET AL 9S:~O 3nl COOZ/~O/TO 727 726 8190 e 1 Ma~ 12 03 08:29a p.4 !4l 004/004. COU~T'( F'LA, PINE~LAS \2731 PG 2455 OFF .REC,eK Exhibit "A" Loii 4,5,6, 'I, 1.2, 13, 14 and 15, Block. 4. Ackcr's Subdivision, ~ccDrding to plat rhc:n:of, as recorded in PIal Book 30, P<l~e 91, publil: retords ofPinell11! COlt<<t)', Florida AND The Wc;st 75 (cel ofLD~ 9, 10, and 11, together with il portillU of the West 75 feet of Lot S, Block 4. Acker's SUbdivision, ;lccording. to plat then:Qt; ilS rccord.:d in Plaf Ilook 30, P3ge 91, public record" of Pinellu Ccunty. Florida, ill Section 2!', Township 28 South, .R.\ngc 16 Ea.t. Pinellas Count)'. beine described ;u; follows: Commencing at Ihe Southwest comQr ohaid Block 4, J'\JIJ S 89-n'09"E along the South line of si1id Bleck 4, for a distance of615.65 feet to the SQ\l.thwesl comer of ~id Lot 11. for:a POINT OF BEGlNNING; lheJIce N OO~17'43'''E II.long; tho We3t line ofsaid Lots 11, 10,9. and 8, for a disbn.r;e of 240.0Q feet [0 the Northwest Comer of s;lid Lot 8; IM"e/; S 89037'09"E along the North lino Qf &aid Lot 3, for II distance of 57.67 f~~r. thenCl;: S 30"40'22''E, for 11 distance of 33.67 feet t<>. Poi.=c ofltiter3eatWn with tbe E3~tline oCtile Wes~ 75 feet of said Lot 8j thence S OO"IT43"W alQog till; East line of said West 75 fcel of Lor$ 8, 9. 10 and 11. for a di<:taneo of 211. t 5 feet to :l Point Qf Intersection with the 50mh line of said Lot ll~ tlJ.eJlce N 89"21'O:t"W alOng said South liD./:, tor a dis.tance of 75.00 feet to th& POINT OF BEGINNING. Together WIth: A POrtiOD of the 30-Foot wid~ rlghl~f-"'ay for Allen Avenue. as shown on rhe Plst of Al;'ker'~ SUl:IC:ijviaioll, ~ rceordcd in Plat :BOQ); JO, Page 91, ofthc Public Records ofPineU~ County, flori~, being mote partiC;U!Uly descn'bed 3S follows: BCIDIl.:1t the Soulhwelt comer ofLat IS, BIotIc 4, of said pb.r of Acker'~ Subdivi:>lOll, \hence: the following fOur (4) courses: I)S 89037'27" R along the Northerly right-of-way lIne of AlienA venuQ, 315.20 Feet; 2)S OO~17'4j" W alon]: the Westerly.right-af-W.D.y.line QfM~u1)enBnoth Road, (as now existing), 30.00 reet; 3)N 89431'27" W DIOll.g the El$t.West Centerline of $C1c\ion 28, Towu.slUp 28 South. R..i1nge 1'G East, P(ndlll~ County, Florida, 315.23 Feet; 4)N OOQ20'41" E ;Jlong the SlJUtha-ly plojett10D. of the We:)t boundary of!l.Olld Lot IS, 30.QO f~ CO the Point of Bee inning. , STATE OF- FI.OHIOJl PINCl.lA;:,COUN1Y -~~~~ Ih8nIby<';Orn~{MHlIeI018go1ngllS .....-~;.~~} " atfUllt'OPYlllll~ "ll.mElapP!!!lra9.man~ (.(~' \.~ \t1elil~:Indre""'\l. 'n'3lXlllrl, O'A "" ;~. Th)~-t9- d8'1.:J1 ..o~ ~\ :M;' AAAlEEN F. 011 l\ER "".,g~ IOrl<Q\CIltll " " ~nl" ~~~ ,~ ~... \'"'''' ,., By:' D~ 5 'd-880a 'ON~_ ONn~ SNI 31111 SA3NHOIIY wvvO: S EOOG '[ 'NVr e . Bryan Zarlenga From: Sent: To: Cc: Subject: Finch, Terry [tfinch@clearwater-fl.com] Friday, May 16, 2003 10:03 AM Parry, Mark Bryan Zarlenga 3080 Allen Avenue ~ ~ ~. . ~.,~ !t~' L "',~ ~,"~ --. -.,.,..-",",-......,,,,- !.. (, Z w,,>J ',:/ ';,A.-' . -----~-"<~. ' I am going to assume that this is the same site as 3090 Charles Avenue that TBE is designing for the Hogan Medical Center. Yes, I have agreed that the Preservation land use can be changed from Preservation to "??," as the isolated wetland on site is severely impacted. However, that agreement is contingent on the stormwater treatment pond being designed as a "wet" pond with aquatic vegetation. Do you have any plans that would indicate the size of the stormwater treatment pond as it might compensate for the loss of the approximately 0.33 acre isolated wetland? > -----Original Message----- > From: Parry, Mark > Sent: Friday, May 16, 2003 9:21 AM > To: Finch, Terry > Subject: 3080 Allen Avenue > > Terry, > We have an Annexation, Land Use and Zoning app in to, among other things, > change a piece of a property from Preservation to Office. The applicant > says they have gotten your blessing on this. Can you provide anything in > writing to that effect? > > Mark T. Parry > Planner > City of Clearwater > Planning Department > 727.562.4558 > mparry@clearwater-fl.com > 1 - e 'E~ TBE GROUp, INC. TELEPHONE CONVERSATION RECORD PROJECT: The Hogan Group - Charles Ave.lMcMullen Booth property/ PROJECT No: 0202413000 DATE: December 10, 2002 CONVERSATION WITH: Bill Copeland CODE: TT [TELEPHONE FROM OR To] REPRESENTING: SVlFWMD PHONE No: 1-800-836-0797 Phone Conversation with Bill Copeland, SVlFWMD Environmental Dept., regarding the existing preservation area. According to Mr. Copeland, in order for SVlFWMD to determine whether or not the preservation area is claimed as jurisdictional wetland, a survey showing the pond top of bank must be provided to him. The top of bank can be used as the delineating edge. From this survey and a site visit, SWFMWD will determine if the preservation area is designated as an isolated wetland that is less than 0.5 acres, and does not contain threatened or endangered species. According to Mr. Copeland, and SVlFWMD's Basis of Review section 3.2.2.1, compliance will not be required for regulated activities in isolated wetlands less than one half acre in size, that do not contain threatened or endangered species. By: Michelle C. Giuliani -.-.-----------------.-.-..---------.-.----.----.----- cc: File 02024-130-00 ROUTE TO: -------~-----------.._-_.__._...__...-.-.._.. ...-----.-------.----.--.----.--.-.----..... --.--------.-.-..--.-..--.~--.-._---------------_.---.-..-....---.--.-.------..-..-.........---..--.-.-.-----.-.____._______m......_...________.___._.._. -.-....----.-----...-.-........--..-.---...-...---.-.---..--------_.-._._.__.._----._-----_.__._-~_.._.........__.-.---...--.--------.-----.-.-..----.-...--.----..- --.-.--.-..-.-.-...----.....-.-.-..-..-----...----..-.---.------_________m_.___._.. _____._________~___~.__._.__.......____.._ ._....._._....__..._....__._____._...__.___._....___..... ..-......-..-..-......-.-..-...-...-.-.......-...-.....-........--.....--...---..-....----.-.-----.--..--.--.-..--.--......-.-......--. .-.----.-.----..-..--......--........-...----......---..-. ..-......... ---.-. -.-........-.-.----.-.--...-........--.---.-...---....--.-.--.... J :\02024\02024130.00IDOC\Comment5\COpeland yhonerec I.doc - e I I I I I I I I I I I I I 1l~ TBE GROUp, INC. TELEPHONE CONVERSATION RECORD PROJECT: PROJECT No: CONVERSATION WITH: REPRESENTING: The Hogan Group - Charles Ave.lMcMullen Booth property/ 0202413000 DATE: December 6, 2002 Theresa Goodwin CODE: TT [TELEPHONE FROM OR To] PPC PHONE No: 464-8250 Phone conversation with Theresa Goodwin, Pinellas Planning CounciL regarding the preservation "P" area on the property. Ms. Goodwin confinued that the property is designated as R/OG (residential/office general), and P (preservation) in both County Comprehensive Land Use Plans: 1. The County Future Land Use Plan, and 2. The Countywide Plan. The PPC has no problem with the annexation through the City of Clearwater. However, the City will need to ammend the City's land use plan to be consistant with ppe. If the preservation area's designation needed to be changed in order for development, that is, if this area will now want to become R/OG, then this will need to go through PPC, and will take 2-3 months. If the designation stays as "P", preservation, then nothing will need to be done by PPC, and PPC will take City annexation. Ms. Goodwin also stated that PPC does not allow preservation areas to be used for stormwater retention. She stated that if the City determines that this pond is not environmentally sensitive, and is not viable wetland, than the preservation designation can be re- classed, and this will need to be presented to PPC, and go through PPC procedures. This will be done during the City's site plan review. I I I By: Michelle C. Giuliani ROUTE TO: -----..----...--....-...---...-...-----...-.-.....--.--------------.-..-.-..---.-- .....-----...--....-.--.---__._________._..___...___._m_......_..._..___..__..__.__.._......_.......____.__ cc: File 02024-130-00 --._._______....__m____..__... .. _..._~..___._.______.__.._...._..._...._.._.._____.._._.___. m............____.___.___.__.___._______..._m..____"_____.__....__......_....__.___._."_..._.._...._..._".__.._ -----...--....-----..-----.---..--.-.-...-.-.....-....................-"---.......-.---.-.-.-.--.-..----.-.-......-..................-.".-.--.--------...--..-..--..--..-...-"...-...-..-.----..-.-.-.-....-.--.---..-...----...-.--.....---..--..------" .. ...~....-.....-....._--_.._..__...__..._....._._-_......_--_..._.........---...-.-...--.....--...--.---...........--......-..-...--...-.-.. I I ...---.--...----..--.-......-.....-......- ...-. "...............-..-.......... .-. .-......-..-......---...--.-........".._....__..."_.__......__..._..................... .m... ._.._.......__._.._........._.......___......__...........__._...._..._..._.....~_..__.__.____......._.._...__......._......"._._............_.............._..._........__. J:\02024\02024130.0QIDOCICommentslgoodwinyhonerec l.doc Line Items: C"""'''''.'' .0 .; 1..':.'JiI ,u~'l'" " ~~ - If L~2Mi"~<Ma'" ,_ _.....__'~ .....'..._, ~ ~_._..'W-___,__, Payments: Receipt #: 1200300000000004901 Date: 05/16/2003 5/16/2003 1:37:53PM Tran Code Description Revenue Account No Amount Paid Land Use & Atlas Amendment 010-341263 885.00 $885.00 Line Item Total: Method Amount Paid Payer Bank No Account No Confirm No How Received Check TBE GROUP 885. $885.00 93830 In Person Payment Total: e THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cReceiptrpt Page 1 of 1 - - ORDINANCE NO. 7166-03 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 AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF A PORTION OF LOTS 6 THROUGH 13, BLOCK 4, CONSISTING OF THREE PARCELS TOTALING 0.38 ACRES, TOGETHER WITH A PORTION OF THE 30.00-FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL/OFFICE GENERAL (R/OG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See legal description attached hereto (LUZ2003-05004 ) Land Use Cateqorv Residential/Office General (R/OG) NOTE: This property is currently designated (P) "Preservation" in Pinellas County Land Use Plan. Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7160-03, and 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 S 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7066-03 ~ . . MOTION TO AMEND ORDINANCE N~~;J~~N SECOND READING "~_"""_~_'''4'___~..,,,,.-. On page 1, amend the ordinance as follows: Section 1. of the ordinance is amended by substituting a revised map depicting the current Pinellas County Future Land Use Map designation of "P" for the written legal description of the subject property to serve as the attached legal description. Pamela K. Akin City Attorney September 4, 2003 e . ORDINANCE NO. 7166-03 AN ORDINANCE OF THE C:TY 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 AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF A PORTION OF LOTS 6 THROUGH 13, BLOCK 4, CONSISTING OF THREE PARCELS TOTALING 0.38 ACRES, TOGETHER WITH A PORTION OF THE 30.00-FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL/OFFICE GENERAL (R/OG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See legal description attached hereto (LUZ2003-05004 ) Land Use Cateqory Residential/Office General (R/OG) NOTE: This property is currently designated (P) "Preservation" in Pinellas County Land Use Plan. Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7160-03, and 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 S 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7066-03 it - SECTION 28 , TOWNSHIP 28 SOUTH, RANGE 16 EAST PINELLAS COUNTY, FLORIDA LUZ2003-05004 DEseRIP TlON: WETLAND JURISDICTIONAL AREA A PORTION OF LOTS 6, 7, 8, 9, 10, 11, 12 AND 13, BLOCK 4, TOGETHER 'MTH A PORTION OF THE 30.00 FOOT 'MDE RIGHT-OF-WA Y FOR ALLEN A \IE, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 89"36'5610 E. ALONG THE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 5Z67 FEET; THENCE S 68"49'16" jIY, A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLO'MNG TWENTY ONE (21) COURSES; THENCE S 80"49'22" E. A DISTANCE OF 28.06 FEET; THENCE S 29"51'24" E, A DISTANCE OF 21.06 FEET; THENCE S 02"17'02" E, A DISTANCE OF 37.31 FEET; THENCE S 22"45'56" E. A DISTANCE OF 21.35 FEET; THENCE S 07"42'59" ~ A DISTANCE OF 23.99 FEET; THENCE S 33'05'03" E, A DISTANCE OF 33.54 FEET; THENCE S 86"21'06" E, A DISTANCE OF 29.69 FEET; THENCE S 02"17'1210 jIY, A DISTANCE OF 62.75 FEET; THENCE S 37'58'01" ~ A DISTANCE OF 29.07 FEET; THENCE N 86"30'27" VV, A DISTANCE OF 45.71 FEET; THENCE N 60"22'11'" jIY, A DISTANCE OF 22.98 FEET; THENCE N 10"49'00" ~ A DISTANCE OF 40.18 FEET; THENCE N 03"09'35" E, A DISTANCE OF 27.49 FEET; THENCE N 24 '33'08" ~ A DISTANCE OF 28.89 FEET; THENCE N 62"27'58" ~ A DISTANCE OF 17.66 FEET; THENCE N 26"57'38" jIY, A DISTANCE OF 29.26 FEET; THENCE N 12"49'38" E, A DISTANCE OF 29.57 FEET; THENCE N 18"51'13" YY, A DISTANCE OF 18.64 FEET; THENCE N 22"19'30" E, A DISTANCE OF 19.54 FEET; THENCE N 44"18'44" E, A DISTANCE OF 15.80 FEET; THENCE N 85"34 '07" E, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. LESS THE RIGHT-OF-WAY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. e . 2680 2682 2652 '" "- '" '" 2664 RH 2660 '" '" '" '" '" '" 'D '" 2656 72 Future Land Use Mop Owner Robert Hupp and Allen McMullen Case: LUZ2003-05004 Site: 3080 Allen A venue Property 0.38 Size(Acres): Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 Atlas Page: 212A Ordinance No. 7066-03 e . CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH M'{RTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 Et.,X (727) 562-4576 INFORMATION REQUIRED FOR APPLICATIONS FOR COMPREHENSIVE PLAN AMEl\T})MENTS ((INCLUDING FUTURE LAND USE MAP AMENDMENT) Please submit 15 copies of the attached Application for Comprehensive Plan Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership. Names of all persons or corporations having a contractual interest in the property. 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 Information that demonstrates that the proposed amendment complies with the following standards: 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. 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. Attendance at Public Hearinqs The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. ~~~~ ~"'" ~ ~ ;- !i:::;(,~4!iR\ 5';\ b~( --' '<~ ~r-: - - ~l:::ig ~\ _ ~J ~~~ ~'YATE~~ e CITY OF CLE__~RvV.'Ej{ A.PPLICATION FOR COlVIPREF~NSrVE PLA..N _~IVIE~l)IV[l1~T (INCLCnING ITTh'"RE LA.~1) USE YL~p AME~1)ME:'>il) PLAl'i1'i1NG DEPARTyIE~T :v[UNiCP.;ll... Sc::.:\VICES null:JING. 100 SOuiE ::VfYR~:.....:: ;\'!E:\TLJ::.:na ~::)OR ?SONE .-:-:(7) 56:--+507 FA..:;( (-:-:-:'; 56:2-..1.5""76 REc~t:rl JfED '. -.:.-,' ~ 0<."_ I" Q OUI , ~cr.=. .~~- ~,..". . APPLlCANT, PROPSRTY OWNERS, AND AGENT iNFORMATiON: Robert HUDO and Allen ~cMullen ;'PP'_iCANT NAME: MAiUNG ADDRESS: P~ONE NUMBE:i: PROPE:=1TY OWNE?S: (Ls. a.iI owners) ....., .. ~'rMENT f t'''' ~..<;'l. .~: I · .__ .^'~C .. ,Ii' l C:T{ or GU:P.i<.\.VATER 3090 Charles Avenue, Clearwater, FL 33751 ? ~_t.~:,~ ("~ (727) 422-0Ll22 (~?71 7?5-81 QO 7=A.X NUME::::=': Robert HUDD and Allen McMullen .AGENT NAME: TBE Grouo, ~ nc MAIL!NG ADDP.ESS: 380 Park Place Boulevard. Suite 300. Clearwater. F: ""'.....-r....1"'\ .Jj/JIj PHONE NUMBE?: (727) 531-3505 (727) 539- 1294 F.A.X NUMBE?: SITE INFGRMATJON: L:JCAT1CN: Southwest corner o+" McMulle!! Booth Road and Charips L\vpnlJe 3-:-ME~ ,~,wDRESS: ~:: 3AL.. DESCRIPTION: P';RCE~ NUMBER: SiZ= OFSi7::: jI.cker's Sub-division (Lots 6 through 13) (3080 Allen Ave) See attached 28/28/16/00036/004/0080, 0120, 0060. 0.38 AC ;=UTURE '_".,NO USE ::;~,",SSIF1CA710N: PRESC::~7: D R/OG o REClUEST:=J', P-l RE':JU'CSl==: Z:JNING C~"SSiF1C;"7iON: PRESC:~\jT ;::o,CPCSE:J 7=::<T AMENDMEN7: N / A. (US2 3c:iditional Jaoer it ;isc3ssary) i (We), the unoersigned, ::lckncwieage :r,at c.ii reoresemalions mace In :hls aooiicalion are Tue anc aC::Jrale ;0 :he Des: of my/lour) knowlecge. . ,ff;;}~ /1V\ ~V;""'A/~~ k Z;Y,QITf6W'"lOC ""2/"V8 "j I~,' ! to\1,'1. :::'1'.;;""'12Iure c; Cra02rlY owner oresent2.t1ve STATe OF F:..ORIDA. COUNT'f OF ?INE!...LAS Sworr, to and subsc~jbecJeiore me thiS ~~ :::avaf ~~ .\- "~-- .. \ ,I ,r,.!-",.~... to rile DY ~~~ ~f I a..\\..... }.;\ttfw,\\c", wno:s - II . . ' I pe:sona v K~~ nas .::Jrocuoed f\.c as idenlific2.tior:. \J , ~ \\\\\111 II f'lilll ~\\'C.?'\NEL4 1I11I1 ~, . v: :<'\;-........;1;" 1,(-- ~ ~ ~ C.J'." \lI\SS:ON-,,""~ ";. . ~ :,CJu ~ ",1,20, """,;~.., :::;. ! .2 : $ '::~ 0"" 'fp -.. ~ ~*: :~~ ~ ~.. ::00126895 ~:~ ~ ~--/' .'t" ~fl. ~~ ~ ~'''..'~.y~~N r;fli~.. c: $" 'l r,",";' VOJre l)rlde ......- ~'-' x- //h..-~{j,Q/.~:. ~ ~~.:.~ a,<;...,~.'''''' - e EXHIBIT "B" 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. The proposed amendment is consistent with the goals of the City's Future Land Use Code, Section 2, which states "Clearwater shall focus on renewal of declining areas, stabilization of built-up neighborhoods, and infill development, to encourage economic vitality and counteract the scarcity of available vacant land". Also, under Section 2.4, the FLU's objective is to actively encourage infill development. 2. The amendment is not inconsistent 1>vith other provisions of the Comprehensive Plan. The proposed amendment does not produce any inconsistencies with other provisions of the Comprehensive Plan. 3. The available uses to which the properzy may be put are appropriate to the property in questions and compatible with existing and planned uses in the area. The proposed uses of the propeliy are appropriate, considering the size, its proximity to major arterials, and the existing and planned uses within the area. 4. Sufficient public facilities are available to serve the property. Potable water and sanitary sewer service to the property is available by the City of Clearwater. Potable water service is available by a 10-inch line along Allen Avenue. Sanitary sewer service is available by a la-inch sanitary sewer system along Allen Avenue. Other utilities available to the property are as follows: Telephone: Verizon Florida, Inc. Mike Clark 1280 East Cleveland Street Clearwater, FL 33753 (727) 562-1132 Electric: Florida Power Corporation Gary Haire 2166 Palmetto Street Clearwater, FL 33765 (727) 562-5656 Cable: Time "'ITV arner Communications Don Anthony 11500-9th Street North St. Petersburg, FL 33716 (727) 803-5059 Gas: Clearwater Gas System Roger Harris 400 North Myrtle Avenue CleaTIvater, FL 33755 (727) 562-4900 5. The amendment will not adversely affect the natural environment. No adverse affects to the natural environment \vill be caused by the proposed development. The portion of the property zoned "P" at the center of the property will be removed, however, a wet J:\02024\02024130.02\DOC\Pennits\ExhibitB.doc e . retention area will be restored on the northeast portion of the site to replace the nuisance species preservation area. 6. The amendment will not adversely impact the use ofproperty in the immediate area. The amendment will not adversely impact the use of property in the immediate area; instead it will enhance the properties in the surrounding areas by adding a medical/surgical facility use adj acent to residential uses. J :\02024\02024 ] 30 .02\DOC\Pennits\Exh ibitBdoc - . CITY OF CLEA1<WATER AFFIDA VIT TO AUTHORIZE .c.c\.GENT PLA1'I"NING DEPARTMENT MUNICIP.'\L SERVICES BUILDING, 100 SOUTH MYRTLE A VENt""EJ, :DC FLOOR PHONE (727)-562-4567 F.LV:: (727) 562-4576 Robert Hupp and Allen McMullen (Name of all properry owners) 1, That (I am/we are) the owner(s) and record title hoider(s) of the following described property: Southwest corner of McMullen Booth Road and Charles Avenue. Acker's Sub-division (Lots 4 throuoh 15). Parcel Number 28/28/16/00036/004/0080. 0120. 0060. 0150. 0040 (Address or General Location) 2. That this property constitutes the property for which a request for a: One-storv medical/surqical facility of approximatelv 20.000 sf. is proDosed alono with the rezoninq, annexinG and land use amendment aoplications. (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint TBE Group, Inc. as (his/their) agent(s) to execute any petitions or other documents necessary to affect sucn petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; Robert Huoo Property Owner /: All en McMull en ? ~~/J - PropertY Owner 5. That (I/we), the undersigned authority, hereby certIfy that the foregoing i STATE OF FLORIDA, COUNTY OF PINELLAS Before me the underSigned, an officer duly commiSSioned by the laws qf t. State of rJoriaa, on this "i ~ oay of ~ ,;loQ<; personally appeared 'N\ \ \) ,wno haYing Deen ftrs: ouly sworn .....,::;,.o.....e ......-1 ""'ays .h~. .",-,/.....he -rl dl" 'In.rl!':l'"SIan''''s +,..,0 f"nnTcntc: i\1 .ho ::1ffi ~\fit th::n np/~n;::; 19nod "-p "'" > ,0, ,d'", 'u,'>"'u_ "~\":"':II:':'/J:-'- -- - - "....-" ~\~ _"" ~R\Nf:' /1111. ~-- ,~:..~Y\~...~;.:1;j.j~:t0: NOtary PUbliC M\f Commission Expires: .;;:; '-J' ....,\lo.IS;oION /'. ~ ~ J ~ .- a~ \7'" '..f;o., ~ -- . ,C3 :\'o.~ '<'00 ~. ~ 'f* (~':,~ .._ 6' t.~*~ :~~:. ;,'OD126895 ..:"'<:~ S: application torms/develoomem review/Affiaa~~'N3th8nze;,g.Ei'cl"r.' t!~ .; '-'9 . 1171-' Sl{]oed t\I ~~' . a ~ ...~.. )- .....PUbiicUnO~~... "<..'V~ "AU . " .. . . a" ~ "fff,'8!./C STI\"\'S "",.... . IJ'"ifllll\\\" Ma~ 12 U~ 08:28a ~alt~ ExecutiveSuncaast 05/01J1200J THU 15; 40 FAX 727 ~61 600 UCFARLAND GOULD ET AL e7 725 8190 p.2 RETURN TO & P~eparerl By: Inonald O. McFarland, Esq, McFarland, Gould, Lyons, Sullivan & Hogan, P.A. 311 S. Missouri A yenue:: Cear,vater, FL 33756 . 777-461-1111 !4! 00 ::/004 KfJRlEEN F ~ DE BUiKER, {{" ~lfK QF ~vJT:- ~~LLP.S ~~~_~ORllW~ <r~~~:~S ----~- 3C7153Q3 05-D8-2003 14:38:5t. LKB 51 DED-R!JGERS 000000 3010 - 00000398 I~;031B65B9 BK:12'?31 SP!l:2453 EPfi:2455 RIDJRl)Ilffi 003 PliGP3 1 $15.00 DOC STAMP - VR219 3 $406.00 ~urrCLllI\ D(-.;'1l (10.....,:1"..) Gnmtor';s Nllme: Grautor's Name; Philip W. Rug-ers Linda Rogers iOTF(: CHECK HMT.TENDERED~ Cl:IARGr- AMOUNT: BY c7m:EL DH1HY CLERK $421. 00 $416.50 $4.:0 Gcantee'~ Name; Allen M. McMullen- Robert Hupp T;;r.x ?lIrce! No. Property Address: 01-1~658S MRY- e-20C~ ~.~Q~ P INEL.LRS CO 8K [273 \ ?G '2';$3 Ilrml~n I~UJjl!!l no I~nlllll~ IlII ---.----.-........---.--......----.......----..-.....---.-........----...........--..-.......--......--..--------------- - - -------- QUI TeL A I M 'D E E D Tizi:s lndl!rrture, =!e this 2.~ Jay oj Decembu,A.D, 2002, BetH/un Philip W Rogers and Linda A.. Rogers ,husband and wif!!. whose post aJJla address Is. 1754 ArbianLane, Pa.lm Harbor, FI14685 (hilreinajtf!.r referred to as "Grantor"), -A.ND- Allen M Mc/YJullC!n, Jr., a/Va Allen N McMullen and Ann R. McMullen, husband alld wlje whose address is 2965 Suru:et Pail'll Roud, Clearwater, Ff 5375Y and Robert R. Hupp, a InarTil!d man. whore post office address is ] 04 Klosterman Road, Palm Harbor, FI 34683 (hcrem(J/ler referred to as "Oran.tec/'). nrTTNESSETH, That said Gralltor, in consideration of (hI: sum ofTEN AND 001 J OO'S ($/ O. 00) Dollars and other good and yaluable considerations in hand paid by the: said Grantee. the rec~p(whr!r'r;:ofis hcnby acknowledged, has remised. rele.ased rInd qurtdaimed, and hy the.rl! pr~Hmt.r doer rcmise. release and quiiciaim unln lhl! .mid GraTtlf2~ all rhe right, rir/e, imerest claim and dr:mcrnd which tn!! .raid Grantor has in and to the fallOWing d~:;cribr:d IDt, p/!!ce or parcel ofia,,-d. siruale, lYIng and b.:il1'5 in the County of Pinella:; Slale r1/ Florida, la-wit. SEE EXHIBIT "A", ATTACHED HERETO AND MADE A PART THEREOF Grantor warrants th:H at the time o( tills conveyance, th!! subjec! property ls !lot (he Cnn!or's homestead within the menning .et forth in the constitution of the state of Flnrl<ia, nor is it contiguous to or :l part of homeste:J.o property. Subject to al! Ease:nents, Covenants, R.estrictions and Reservation.s of record and to Real property .axes for the year 2003 and subsequem years. To Have and to Hold the same, togalher with afl and singular [he appurlenances IntJraunto belonging or fr. anywise appertaining, a.nd all c/I~ :::;tare, right. tille, imeresr and claim whatsoever ofrhe said Grantor, either in law 07' equity, to rhe Dilly pT'OpC/' US/?, benefit mid behoof of rhe said Gramel!. "Gruntor" and "Granter!" are used/or ~'irlgl.llar or plural. as context reqtlires. f PAG=.S ACCT , C.r,G AM; C'K ~MT ..--? '"' / 3~~ .I f _. ,) --,S7 !-f{ III '~/') r""''-ft /.J.../)&J -f . J ~fC ~5 OR!1 ~ OS ""1 FE:.S '.n~ ?/C !'lEV 'OTAl ~j-OO ~ 05/08/2003 TRl1 15: 41 4IIa~~~ ~xecu~lve~uncaast FAX 727 461 64:)0 ~1CFARLAND GOULD ET AL _7 726 8190 p.3 [4]00.1/004 PINELLRS COUNTy FLA, a~F.REC,8K 12731 PG 245~ Wrrrccll. IN WITNE~S WHEREOF, Cran!ar has Ircrt!unto Sl'!t Grantor'; hand and seal rhe day and Yf!ar first above SigFled, .fea/Ed and deli'llered ill (he re~ellCe of: ~~ Sib'l1"''',," arG U ~lgnU/JrC~!5 III ~{\~~ ~YI\J"; Pmued or Typ.a Nl.ltl~ of WlIl'leu ....1 ~~~q~ r ~~ Si~n:: orWiml:~3~~ \. _ _-1 \. \ . h\ \', (' , '--.J..J.0.- --csu '. ?nnle Or Ly?tU NUTl~iWimC:1i3 #2 ,~y ~~-t y\~ L..:.."" \-! V PrimcO or Typed N~mc of Wiml:~3 ill C'\ ' f'I . 0 -, tA~ ~ ~~G,~X'~ Sign~lU~""'f W\':'~<< 112 C \ ~ \ . ~ \'<0..V)l\'"\ ~' h~?C~V\ P,,,,,ed or Typed N:.me "fWhn"s" n PHIUP W ROGERS Pnnloa or Typod N:rnc of Gr:lnlor L "DA A. ROGERS PrImed or Ty?ed Name of Gntnlor STATE OF FLORIDA COUNTY OF Pli'lELLAS Thf!joregor-ng Insrrumenr was acknowIl!riged before me this {/o ft11 dayajDecember, 2002, by PHILIP W ROGERS ana LINDA A. ROGERS, who is/are permnally known 10 me: or who flas/have produced a driver's lLcerlSe as !denliflCMion and who did not lake rm oath. ~~ Notary Pu~ \ Notary Please Prim Name: 1'vly Corrunisslon Expires: COllunissiQn Number: (SEAL) ",'1111lI1f/ 11If( ...,\\\\ '-CItRIN€' L.41/1,r1i. ~ .;:, ........ ~%""" :':' \j ...,u1S51D'.... ~ ~ .. t'JW'--- 'Yf:".....-. 'l ~ ..\j ~1'7~"""tO.".. ~ ~ ...~ ~ ''''~%.~ ~ ;:::'*:u>~ :=: ~: ....... :-j-~ :; ~ ~. roo 125&95 ! ~~ ~~"'~ "'-- . .....,&$ -;.'5'..'-- .;-;."-~~ ~.' d'~ ~ -4 ....~~~_JJ...C:o#~ ;'I/;}UC"STA't. a~,,~ 'if {'II flllIl\~'\ \ -,. 05/U8/2003 THU 15:41 FAX SOO rt'J [1 LS9 03l ::nvn] tltalt~ ExecutiveSuncaast 727 461 134.10 ~lCFARLA.J'iD GOULD ET AL 9S~gO ~ COOZ/~O/10 .7 726 8190 p.4 I-I"::::~ l.L U...:J, uc; c~.a l4l004/004 S COUNT';' i""-::::;::; ?INE~LR 1273i PG ~4__ af""F" . FIE: aK Exhibit "A" r..oU4, 5.6.7,12,13,14 and 15, Bloc~4,Ac:ker's Subdivision., ~c:::ordjngto ?Jll.LrhC"co~ as recorded in Plat BOQK 30, b.ee 91, pubik reeord3 of ?imdl.'ls COll"ty, Flcncb AND The Wcsr 75 {c:::t of Lo~ 9, 10, !lI:l.d 11, together with ;. porriou of the W cst 75 feet orLot S, Block 4. Acker's SUbdivision, :lCCllr<1mS :0 plat \;~e;=of, <is r'Cccrdd in Pl,n:3cok 30, P3ge 91, Jlublic records of PineUas CountY. Florida, in Sedon 2!, Tl>WTUb.ip 28 Sour}" Range 16 Erllit. P inelbs County, being describro ;u: follows: Commendng 41 Ih~ SouthW~t corner o{;aid aleck 4, TUIl S S9-:n'Q9"E along the Sa\Jth line of ~~id Block.t, for a dlstRnce ryf615.65 feet to the SQUtllwesl comer of Qid Lot J 1, for;;J POn-rr OF BEGINNING; th...-nce N OO~17'43"'E j.lcng; tho West line of said Lots 11, ]0, 9,IU:ld E, for a disbnc.: of 240.00 feet (0 the Nonll'lVe~t corner of s:lid Lot S; theD"~ S 89"3(,09"E .!llong the North l-ino ,,[ ..aid Lot 8., for II .fulince of 57 .67 f~; thenc!: S 30.40'22"1:, for i distaru::e of 33 .51 feel tb II PO~t <lf1meo<:ctWll with the Eliot-line a(me West 7j [=t of:;aid LDt 8; thence S OO"IT43"W alODi the Eolst line afsllid We!:t75 feel of LetS 8, 9. 10 and 11. fer ;1 distlUlell of 21 U5 feet to :< Point of Intersection 'With the South line of said Lot ll~ the.cc: N g9'27'0~"W "iong said South li=. tor a dist..mce of 75.00 {<:et to 1M FOINT OF aEGINNING. l' Qgeth<:r WIth:: A pornon of the 30-Foot wide rlght-Qf.,.,.y for A11:.'1 Avellue,..lS .:.hawn 00 r.he Put of Acker'. Subdivilion, ~ recorded in .Plat BQQ!i; ~O, Psg!: 91. of the Pul1lic Record:; ofPinelhs County, Flori!U, heing mote p;:util;ululy described as fQlIow~: Be;:in;;Jt the South""'<::s:t coma of Lot 15, Block 4, of said pb~ of AC:':eT' ~ SubQ.ivisioo, lb::m::: the following four (4) course~: I)S 39.37'27" E along the Nonherly right-<l{-way lIne of Allen AV~'H'Q, 315.20 FQ<:t; 2)500"17'43" W along the Westerly .right-a.f"~;r,lin<: ofH~11l]= Rooili Road, (as now ~is(ing), 30.00 r~t; 3)N 39G3TZT W along the Lut.Wesr Cen!erliDC!)f SClc:ion 28, T9wusb.ip 28 South, R.1oge 11i E!Sl, ?incdb5 County, Florida, 315.23 Feet; 4)N aQQ:/o' 41" E along the StNtha-ly proj~tioo. of the We:;t bouncbry of ?:old Lor 15, 30.00 F~ :0 the Point ofBe<'~g. ,'" ;STAlt:OFFl..O"'''()~ :>"\If::~i.i\;:,COUNTY -~ ;,)~\t 1~r,alTll'tll'lll1l~lll!llgamgI5 ....-~;._.~...ll atrua=Y8111~ 'l/imeapOC!if8amang :* .,.....11 tl1elrl~anare.~jo. j,1)nlOcollrt, !"':;:: ',,;.r;I ;-<~ Ime ~ _j!',.:;! lv/Ii CI .:o~ ~ \ .~::. ~ AAAL=::N F OaBU'KEM '.t:- ~ ~~ (,1;len< Q1 C"rc:l~~ " '~~l--- \.d/( . r r-'l~) .^ ("- \"",...- ~~r 1\ ~ ,::\1 ' ~ A' , oq 'D~ J ,// 5 'd-8ED8 .ON__ QNn: SNI :ll!l S^3N~Ol~Y W~J;1(J:8 EOOl'! 'Nvr . . Bryan Zarlenga From: Sent: To: Cc: Subject: Finch, Terry [tfinch@clearwater-fl.com] Friday, May 16, 2003 10:03 AM Parry, Mark Bryan Zarlenga 3080 Allen Avenue I am going to assume that this is the same site as 3090 Charles Avenue that TBE is designing for the Hogan Medical Center. Yes, I have agreed that the Preservation land use can be changed from Preservation to "??, II as the isolated wetland on site is severely impacted. However, that agreement is contingent on the stormwater treatment pond being designed as a "wet" pond with aquatic vegetation. Do you have any plans that would indicate the size of the stormwater treatment pond as it might compensate for the loss of the approximately 0.33 acre isolated wetland? > -----Original Message----- > From: Parry, Mark > Sent: Friday, May 16, 2003 9:21 AM > To: Finch, Terry > Subject: 3080 Allen Avenue > > Terry, > We have an Annexation, Land Use and Zoning app in to, among other things, > change a piece or a property from Preservation to Office. The applicant > says they have gotten your blessing on this. Can vou provide anything in > writing to that effect? > > Mark T. Parry > Planner > City of Clearwater > Planning Department > 727.562.4558 > mparry@clearwater-fl.com > 1 I e . Ji;E TBE GROUp,. INC. TELEPHONE CONVERSATION RECORD PROJECT: PROJECT No: CONVERSATION WITH: REPRESENTING: The Hogan Group - Charles Ave./McMullen Booth property/ 0202413000 DATE: December 10, 2002 Bill Copeland CODE: TT [TELEPHONE FROM OR TO] SVlFWMD PHONE No: 1-800-836-0797 Phone Conversation with Bill Copeland, S'0lFWMD Environmental Dept., regarding the existing preservatlon area. According to Mr. Copeland, in order for SVv'"FwMD to determine whether or not the preservation area is claimed as jurisdictional wetland, a survey showing the pond top of bank must be provided to him. The top of bank can be used as the delineating edge. From this survey and a site visit, SWFMWD will determine if the preservation area is designated as an isolated wetland that is less than 0.5 acres, and does not contain threatened or endangered species. According to Mr. Copeland, and S\VF\VMD's Basis of Review section 3.2.2.1, compliance will not be required for regulated activities in isolated wetlands less than one half acre in size, that do not contain threatened or endangered species. By: Michelle C. Giuliani ROUTE TO: -------- --------.--....---- ------~--.-._-_.__._-.._.._------..._---------------_.- cc: File 02024-130-00 ._--_._.-..._.._._-.---_._----_..__._------~_.__..~.. -_._---_._-_._------~-~-~--_.__._--- -_...-.-._-._._..._---~------------------_..- ---_._--~------_._.._--_...._-.._.__._.__.._.._-_..._-------.- .--..---.-....~.--.---.---.--..------.--.---.-~--..-~------.-.-.------.....---....--. ---..-.~--.---..---...-.-.-.---..-.- .-.-- ..______._u -. ..-.-.-..-.-.-..---_._...___..__M.__._.__.___...______... ] :\020'24 \02014 13 O.OO\DOC,CommenL-; \copeiand Jlhonerec i. doc I I I ! ~....'. ~ I I I I I I I I I I -- e Ii=:-!' TELEPHONE CONVERSATION RECORD TBE GROUp, iNC. PROJECT: PROJECT No: The Hogan Group - Charles Ave./tv1cMullen Booth property/ 0202413000 DATE: December 6.2002 CONVERSATION WITH: Theresa Goodwin REPRESENTING: PPC CODE: IT [TELEPHONE FROM OR To] PHONE ~O: 464-8250 Phone conversation with Theresa Goodwin, Pinellas Planning CounciL regarding the preservation "P" area on the property. Ms. Goodwin confinned that the property is designated as R/0G (residential/office general). and P (preservation) in both County Comprehensive Land Use Plans: 1. The County Future Land Use Plan, and 2. The Countywide Plan. The PPC has no problem with the annexation through the City of Cleanvater. However. the City will need to ammend the City's land use plan to be consistant with ppc. If the preservation area's designation needed to be changed in order for development, that is, if tl>is area will no\v want to become RlOG, then this will need to go through PPC, and will take 2-3 months. If the designation stays as "P", preservation. then nothing will need to be done by ppe. and PPC will take City annexation. Ivls. Goodwin also stated that PPC does not allow preservation areas to be used for stormwater retention. She stated that if the City determines that this pond is not environmentally sensitive. and is not viable wetland, than the preservation designation can be re- classed. and this will need to be presented to ppc. and go through PPC procedures. Ihis will be done during the City's site plan review. By: Michelle C. Giuliam ROUTE TO: ---~------------_._-----'_.._---'-~--'----"-"-'------~-._.__._'-_.. -_._--_._---~--------_._----~-----_._---- cc: File 0202.1-130-00 J:\02024\02024 i 30.00\DOC'COmmenLS\g:ood\vinyhonerec I .doc APPliCANT, PROPERTY OWNERS, AND AGENT iNFORMATiON: Robert Hupp and Allen McMullen APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: e CITY OF CLE.A.RW i\ifR .' A.PPLICA.TION FOI~ COMPREHENSIVE PLAN A~IENDNIENT (INCLljTIING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FA::{ (727) 562-4576 , "" :>:J : ~ ..' ,,_,R ,_,_~_ ,. ,_ c'~ 7:;;'z.'7.:ad ') ~o~ ~:.f.f '_'__"___~'''H''... I I 3090 Charles Avenue, Clearwater, FL 33761 (727) 422-0422 FAX ~JUM6ER: (727) 726-8190 PROPERTY OWNERS: (List all owners) Robert Hupp and Allen McMullen AGENT NAME: TBE Group, Inc MAILING ADDRESS: 380 Park Place Boulevard, Suite 300, Clearwater. FL 33759 PHONE NUMBER: (727" ~135{J5' ~ . (727) 539- 1294 FAX NUMBER: , '--_." .-~=-"' ~S ' ., ./ "t ry.'" ,. _ ~t:.:~ _., SITE INFORMATION: LOCATION: Southwest corner of McMullen Booth Road and Charles Avenue STRECTADDRESS: Acker's Sub-division (Lots tPthrough U) - 1../';[ j I~Ic'o/i "'-. / PARCEL NUMBER: .,~ 281?8/ 16/00036/004/0080, ;0120, [. 0060 i /' l;r\ ''\ .-.'" .---\ ,,.-'t " \\",' "'-,~- ,/ SiZEOFSiTE:~ ~.95 ac~s""" ..... ", I" L LEGAL DESCRIPTION: FUTURE LAND USE CLASSIFICATiON: A,^,"> See attached survey. .... C; '~'r ~ ~ '-- V \ ............ ,I ,<...... 0150, 0040 ~ ~\b) it- pl. ..: .' ., , .'- J" ! ill?-'t " 'i J\' LJ~_r_ lC/ " ,.1 (1 1 .. C 1"] ey' t PRESENT: ~-a-R4 P P-1 ~3 REOUESTED: R/OG o REQUESTED: ZONING CLASSIF1CATION: PRESENT PROPOSED TEXT AMENDMENT: N/ A (use additional paper if necessary) \ , I I \ , I STATE OF FLORIDA. COUNTY OF PINELLAS Sworn to and subscribed befo~e me this ~lt davof ~m ' AD" 1~o ~ to me by to~t'\ '4' I ~~ 'tk\L\w,", who is pe!3onailv k~\:YIJ has ~roduced as identification. ,,\,\'\111 i III/IiI' \', - ?\N E I. 1/11. ~ . :\\\\:.......:.4;1>:1,,:-:% ;$ \-.J't-.... iSS!O,y '..;->? ~ g :.~Cj ~<::--e' .;::; .~ ':) =*. : ::: ': ~.:s ". #DD 126395 I ~~.:: ~ ~ . *-. {":! . Q:;:~: ~ 1;\ .11 :/'ll! ~on~ed \n~~~'6~. ~" C/,~. 'l/ ')-, .r.Pubhcunue..~/\v...,~, .~.,.'<,)U8/ ......~... \1'< ",~ .~IIIII~!P!S1~~:~\\\\\ . .......... __ CITY OF CLEAR~ER AFFIDAVIT TO AUTHORIZE AGENT PLANNING DEPARTl\1ENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 200 FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 Robert Hupp and Allen McMullen (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Southwest corner of McMullen Booth Road and Charles Avenue. Acker's Sub-division (Lots 4 throuqh 15). Parcel Number 28/28/16/00036/004/0080. 0120. 0060. 0150. 0040 (Address or General Location) 2. That this property constitutes the property for which a request for a: One-story medical/surgical facility of approximately 20.000 sf. is proposed along with the rezoninq, annexinq and land use amendment applications. (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint TBE Group, Inc. as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 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 (I/we), the undersigned authority, hereby certify that the foregoing i Robert Hu Property Owner Allen McM Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS ,. \8\~~~\\ 11l!1/li//11 :: ,\ -< \\\;:. p- \ N t: L.4 A ,III,'. .-.,'_'~'\'~\ ....'..~~lI..:V~ ~ .C' \.J',' ~~\SSIUN ~ ,,1> ~ .;.:~. ;.~ \) \7 - :foOl. ~ ;,..,- '"' ~(j ,>><00 f 200 -;-:,) . ~ /.: {~ 'S ....._ 0' ~\*~ . . - .~~~ #DD126895 :-q;~ s: application forms/development review/Affida\.li8tl..~thQrize Age~t/ ~~ ". ~ ' ':j> OOnded IS\"> ~" () ~ ',,r..~ J~(;" 7.~{Jblic Uli\\e~..; <<':V ~ ~~<!' Llt),.......,tI..f'~(f ~~" 'III/i.le 8TI\I'- \\" II/('; Ill'" III'" Before me the undersigned, an officer duly commissioned by the laws ,:;lo()~ personally appeared M~ nd says that he/she fully understands the contents of the aff! My Commission Expires: e . EXHIBIT "B" 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. The proposed amendment is consistent with the goals ofthe City's Future Land Use Code, Section 2, which states "Clearwater shall focus on renewal of declining areas, stabilization of built-up neighborhoods, and infill development, to encourage economic vitality and counteract the scarcity of available vacant land". Also, under Section 2.4, the FLU's objective is to actively encourage infill development. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendment does not produce any inconsistencies with other provisions of the Comprehensive Plan. 3. The available uses to which the property may be put are appropriate to the property in questions and compatible with existing and planned uses in the area. The proposed uses of the property are appropriate, considering the size, its proximity to major arterials, and the existing and plarmed uses within the area. 4. Sufficient public facilities are available to serve the property. Potable water and sanitary sewer service to the property is available by the City of Clearwater. Potable water service is available by a 10-inch line along Allen Avenue. Sanitary sewer service is available by a 10-inch sanitary sewer system along Allen Avenue. Other utilities available to the property are as follows: Telephone: Verizon Florida, Inc. Mike Clark 1280 East Cleveland Street Clearwater, FL 33753 (727) 562-1132 Electric: Florida Power Corporation Gary Haire 2166 Palmetto Street Clearwater, FL 33765 (727) 562-5656 Cable: Time Wamer Communications Don Anthony 11500-9th Street North St. Petersburg, FL 33716 (727) 803-5059 Gas: Clearwater Gas System Roger Harris 400 North Myrtle Avenue Clearwater, FL 33755 (727) 562-4900 5. The amendment will not adversely affect the natural environment. No adverse affects to the natural enviromnent will be caused by the proposed development. The portion of the property zoned "P" at the center of the property will be removed, however, a wet J:\02024\02024130.02\DOC\Permits\ExhibitB.doc . . retention area will be restored on the northeast portion of the site to replace the nuisance species preservation area. 6. The amendment will not adversely impact the use of property in the immediate area. The amendment will not adversely impact the use of property in the immediate area; instead it will enhance the properties in the surrounding areas by adding a medical/surgical facility use adj acent to residential uses. J :\02024\02024130.02\DOC\Permits\ExhibitB.doc . . CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 INFORMATION REQUIRED FOR APPLICATIONS FOR COMPREHENSIVE PLAN AJVIENDMENTS ((INCLUDING FUTURE LAI\T)) USE MAP AMENDMENT) Please submit 15 copies of the attached Application for Comprehensive Plan Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership. Names of all persons or corporations having a contractual interest in the property. 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 Information that demonstrates that the proposed amendment complies with the following standards: 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. 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. Attendance at Public Hearinqs The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Ma~ 12 03 08:28a 05/08/200J THl1 15:40 Reallf ExecutiveSuncoast FAX 727 46.1:.:1430 llCFARLAND GOllLD ET At 727. 726 8190 . p.2 RETURN TO & Prepared By: ;l:nonald O. McFarland, Esq. McFarland, Gould, Lyons, Sullivan & Hogan, P.A. 3 I I S. Missouri A venue: Clearwater, FL 33756 · 72'7-461-1 J II 4fl 0021004 KARlEEN F. DE BLAKER, {{~J]F~rS P lNELLAS COONTV, FlORfi C (72,7. ~~8 ----------------------------- ---- 3C'l15303 05-08-2003 14:3B=56 LMB 51 OOJ-R!16ERS 000000 3010 - 00000300 1":OJl86589 BK:12731 SPG:2453 EPLJ:2455 RIDJRDING 003 PAGES 1 $15.00 1\00 STAMP - DR219 J $4(}6.00 ourrCl!II\O~o (In'''''I~III' Gnmtor's Nume: Grantor's Name: Philip W. Rogers Linda Rogers TOTt:(: CHECK AMT.TENDERED~ Cl:W:GE AMOUNT: BY am~- DEPlllY CLERK $421.00 $416.50 K50 Grantee's Name: Allen M. McMullen Robert Hupp Tax Pllrcel No. O~-IQS5BS HAV- 8-200~ ~:39~ PINELLAS CO 8K 1273l PG 2453 IIWlImII illS ~I~ 11M I~U IUIIIU II~ 1111 Property Address; --..-...--...... ......-..."...-........---.......-----..............--.-..........--.--.....-...-....-....-...-.....----------------- - - -- --- --- QUI TeL A I M'D E E D Tllis l/Idelfture, made this :L~ day of Decembt:r,A.D, 2002, Between Philip W. Rogers arid Linda A. Rogers, husband unci wife whose pos.' office address is... J 754 Arbian Lane, Palm Harbor, Fl j 4685 (hll.reinafren-eferred to as "Grantor"), .AND- Allen M McMull(!n, Jr., a/Jr/a Allen N McMullen and Ann R. McMullen, husband emu wife whose address is 2965 Sunset Paint Road, Clearwater, FIJ1? 39 and RobL"" R. Hu.pp, a /nomad man. whose post office address is 104 KlJJstermanRoad, Palm Harbor, Fl34683 (hereinafter referred to OJ' "Grantee''). WITNESSETH, That said Grall/or, in consideration of/he sum ofTEN AND 00/1 OO'S ($10.00) Dollars and orher good and valuable consideratioTJs in hand paid by tIll: said Grantu, the receip( whcrreofis hereby acknowlcrdgcd, has remised, rele.ase.d and quit('./aimed, and hy thl!.H! prc.t~t.f docs remi.rc, release and quitclaim unto the! said Grantcl!. all the right, lirle, imerest claim and demand which the sald Grantor has in and to the/allowing d~scri'b(!d lat, piece or parcel a/land, simale, lying and being in thc County of Pinellas State of Florida, la-wit: SEE EXlilBIT "A", ATTACHED HERETO AND MADE A PARl" l"BEREOF Grantor warranfS that at the time of this conveyance, the subject property Is not {hI! Grantor's homestead within the menning /let forth In the constltulion of the state of Florida, nor is it contiguous to or II part of homestead property. Subject to all Eas~menlS, Covenants, Restrictions and Reservations of record and to Real property taxc.s [<;Ir the year 2003 and subsequent years. To Have and to Hold the sama, togarher wilh all aHd singular Ihe app~rlenartces th(Jf'(3tmlo belonging or i/1 anywise IIppertaining, a.nd all till! eslate, right. title, inlerest and claim whatsoever ofrhe said Grantor, dther in law O/' equity, to rhe only propel' use, bcncfit mId behoof of the said Grallt(!{!. "Grantor" and "Grantee" are usedfor singular or plural, as COnt"-I.l reqllires. . PAGE.S ~ ACCT ~ GHG AMT - C)( MIT . ~;~R~19 i/l)zf-bj OS ~T FEES l.ITF PIC REv TOTAL ftr9- J - 00 ~ Ma~ 12 03 08:28a Realt~ ExecutiveSuncaast 05/08/2003 THl1 15: 41 FAX 7_61 600 MCFARLAND GOULD ET AL 727 . 726 8190 1".3 I4l OOJ/004 PINELL~S COUNTY FLA. QFF.R~C,8K 12781 PG 2454 IN WITNE~S WHEREOF, Gran/Dr has h{!!'{!unfo s{!( Grantor's hand and seal ,hi!! day and Yflar firrt above wrrrcCIl. Sigllca. .realea and delivered III the rt!~e,we of: ~~ PHILIP VI. ROGERS Prinlcc;I or T)'p~d N':1me ()f Gr.\ntor Si L DA A. ROGERS Printed or Typed Ntlme of Gnmlcr STATE OF FLORIDA COUNTY OF PINELL~S The foregoing instrument was acknowledged before me (hI51t? Ph day of December, 2001, by PHILIP W. ROGERS arid LINDA A. ROGERS, who is/are pe~onally know" ta me or who has/have prod14ced a drivers Ii"",... 'd"'ificarlon andwha dM nal fake an aathN"~ ~/ Notal)' Please Print Na.me: My Commission Expires: Commission Number: (SEAL) ~\\,\\\III1" 'IIff/. ~,\'i. ~tl\lNc I.... 1/,(" ~"'r.~ .......~b- ~ 'V....o~SS10N-...'?'~ ~ .:..." ~111,~ ~~. ~ ~ .....~ ~ '&- 'W". ~ ~*: ..... :*~ ~ a ~ 'DO 128895 ! ~-g ~;...\ '.-{;. ..5j~ ~J?",":'>J.~~ ~.' <!S...~ ~ 4.!. "O(ktJnOO<F.'.'~ ~ ....~ l.va;III.9............a"- ~ ~f~ <Ie STfl:1t :\",~ 1/1/ "it 11111\\1'" 05/06/2003 THli 15: U FAX 'SOO ~ [HS9 0)1 IlI/X'.L] Rea~ ExecutiveSuncoast 727 46~JO MCFARLAJ~D GOULD ET AL gg:gO 3Ul COOl/LOtTO 727 726 8190 . p.4 !4l 0041004 Ma~ 12 03 08:29a PI.'E' LAS COUNT~ rLR4'S5 I" .. 127~ 1 PG 2 QFf .REC,el< Exhibit '~A" Lou 4,5,6,7, 12, 13, 14 and 15, Block. 4. Acker's Subdivision, ~cc:ordi~ to plat rhmof, as recorded in PIal Book 30, :P~J!e: 91. public: reenreD of PinelIzu COlln.ty, Florida AND The: Wesl 75 {eet of Lon 9. 10, B.tId 1 I. tl)gether with il portiou of the West 75 feet of Lot B, Block 4. Acker's Subdivision, :lecording to plat therl:Qt:, 4lS reco[d~d in PItH llook 30. P3ge 91, public recordl of PineUa.r County, Florida. in Section 2~. Township 28 South. RAnge 16 Easl. Pinellas County. being described a.E follows: Commencing at Ihl:l Southwest c:omQr ofssid Btocle 4, J'IJD S 89-j7'09"E along the South line of $itid Block 4, fOT II. dLs.tanr:c of615.65 feet to the Sw&hwest comer ofi.1id Lot 11, for:ll POINT OF BEGlNNING; the2lce N 001>17'43"6 lIolon& tho WQt line: of said Lots] 1,10.9. IUld B, for a di&bl1ee of 240.00 feet to thll Northwe!l comer ofs:.lid Lot 8; tMrll:l:: S 8~.37'09"E lllong the: North Iino ofsaid Lot 8, for II distance 007.67 fe~~ thenct: S 30-40'22"E, for 11. distance of33.57 feet to. POi!2l oflritcC3ec;tioo with the Bastline o(the West 75 fcr;t of said Lot s; thence S 00"1 T43"W a1QOi che: East line ofs.aid WC$r 75 feel of Lots 8, 9. 10 and 11. for a d~tan~ll of 21 U5 feel to:l Point of Intenection with the South line of said Lot 11; the.ace N 89-21'O?"W alougsaid South tin=, tor a distance of 75.00 feet to th& POINT Of BEGINNING. Together WIth.: A portion afthe 30-Foot wid~ rlghl--ot'~'fII'Y for Allen Avenuc,AS shown aD rlle Pl1t or Acker'" Subcliviaion, ;1& lC'Cordcc1ln Plat :awl; ~O, Page 91. ofUll: Public R(:COTds ofPinell:lS County, Florida, being mote p:utiwIarly desC'I1"bed as (QlIows: Begin:lt the Southwellt como- of Lot IS, Block. 4, of said pbr of Ackcr'8 Subdivisioll, Ihl:n~c: the followiDg fOl,lr (4) courses; I)S g9"37'27" R llloog the Northerly right-of-way line of AJJenAvenull, J 15.'20 F~el; 2)5 OO"l7'43'. W aJQn,g the Westerly.right~o.f-WJLy.line ofMcl\-fWlenBooth Road, (as now cxistms). 30.00 reet; 3)N 89031'27" W Dlong the Ea,t.West Cenledinc: of Section 28, To~p 28 South,. Rilllge 11i East, Plne1boJ County, Florida, 315.23 Feet; 4)N OOG20'41" E along tht SlNthaly projecti~Q of the We~t boundary of S<lld ut IS, 30.00 F~ CO the Point ofBeiPnning. ,..., STATE Or FI..OHID.ll . P1Nt:LU,:i>CDUNlY -~ .~~~ I f18/llby <;arTIlY l/'lllt tile IOl'llgolng Is ;-QJ';:;,~~", " 8 trua copy III 1~'Iflme li'ppe!i/1l among !.:~' . "',.~ \t1efil~:lndleii~la. I ~'300U.rt. O? ..", :">C, ThiC~ da,.:)l 20J:::::..:::"' ~ \' ~i' AARlEEN f. Oil KEA r.~ _u ~.: terl<OlCIml '- '. tYii.&iril"'- "~... By: / .. . D~ S 'd-B808 'ON___ ONnj, SNI 31111 SA3NWllV WvvO:8 EOOG'L 'Nvf View looking west from east side of site View looking northeast from south side of site View looking northwest from south side of site . View looking southeast from northwest corner of site View looking north from southeast corner of site " ,"'..., ~" , ,,~,~:::~~: ~~(.. ",;: , \;,.~,.T .'Ai!',,~". ... -.~ View looking west from east side of site Hupp/McMullen LIJZ2003-05004 3080 Allen Avenue F -- - Aerial Photograph Owner Robert Hupp and Allen McMullen Case: LUZ2003-DS004 Site: 3080 Allen Avenue Property 0.38 Size (Acres) : Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 A tlas Page: 212A ,"",,--- - . ~ ;: g '\I ~ :5 ~ ~NAVE Two-inch by Two-inch Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-DSOO4 Site: 3080 Allen Avenue Property 0.38 Size(Acres): Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 A tlas Page: 212A ~ . ,e ice Mobile Home Park res dential V) ~ '0 ALLEN L- ALLEN AVE 2680 2682 Multi-family residential 2652 ~ '.0 " 2664 2660 '" :j5 " ~ 2656 1669 Existing Surrounding Uses Map Land Use Zoning LUZ2003-05004 Owner Robert Hupp and Allen McMullen Site: 3080 Allen Avenue 0.38 From: P P1 (County) PIN: 28/28/16/00036/004/0120 28/28/16/00036/004/0060 To: R/OG o Atlas Page: 212A - e ~ ~'-""".," .~~ ~ ~ r'-'II~C~II~~ y^~ ~I III 1.-' --- l...J I l.illill ~, \~ N ~ IV ~ I ~ ~ W~. g; .t::!_Q~ ~ Ilffi !/ ~.. ~ DIT-n 'A.... I;z:::;>, i@c '" Il~ J /~"" : ' ~ l----{}t- II ~ ~. 1111/ r'\ I r\ .L ..n.J~1 I II\. I I ~. " I L/ III ^ i\L FR~ R IW :O;~ IT} ~ ll.J ~a: 1'1 o I ,,,- \,~ ~' ',,'-"'21. """",,~ I I ~ ~ij) ~~ ',; \{ S1rh: ~~< i (J ~t3 'Nr r-'~~--L Illu~~ ~ I, ~~i- - ~~ . ~ r :'\ :V ~ T -4Il ,~ ~C/' ~~;r ~~ ' ': ):: If 71i ..['=110! ,:l ...... - r---i 1 J-Y~01111111/"'_[ 1I11'v ....;';:;1' IT\~ -- 8]/ -c- ].-J I " LJ: """",~ fl - 7' -,- hJ " ~ '- '\Y1 -181El 1 II / 1 I 1l::f:J III[/_ ,11111 1- -,-" Im;;::::;:::;'r' III,I ,,/ ~ T i ( . ,i i "', n --, ~ II-- "\ [) I III Elttd EHE3 f9L PROJECT k%/l/ f SITE "II IT .. lTllll I'r .. I-- ~ I II ..1/"" >-\(-1.. t-I'- ~ I\I~, ~ ~~II~ ~ ~] I ~t# l/1" II III ~ .JJJ I I I H~~T'r: ~('!~ffi~ u, ER III , 1II1I ti!J1i.. ,.. , .I'll -;; I I \ 7 If-;I- III _ ,liT -1/7 ~ - ~~ >c-- 1~1-1~ I ~"III:::'I'Qf ,it1i1 m70 ~WEt = ::Jm 00 - TI I ~~ ~ ::::-\' :...- -::::::= !--- T IV f I [ -;"0 ,V 'Dlv .1 '- \~~ 1/ r- Location Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-D5004 Site: 3080 Allen Avenue Property 0,38 Size(Acres): Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 Atlas Page: 212A - . ~ ~ o o ~ ~ -J S ~ :e RU ~ EN L- ALLEN AVE 2680 2682 2652 ~ '0 " 266-1 RH 2660 '0 :g " ~ '0 " 2656 72 2669 Future Land Use Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-05004 Site: 3080 Allen Avenue Property 0.38 Size (Acres) : Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 A tlas Page: 212A e - ~ ~ o o to I Cj ...,J :5 ~ ~ R-6 R-3 0 ALLEN ALLEN AVE 2680 2678 MHD~ 2652 ~ '0 " 2664 2660 2674 '0 :g " " :g " 2656 2672 2669 Surrounding Zoning Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-05004 Site: 3080 Allen Avenue 0.38 Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 A tlas Page: 212A I~~A:- . '-!""r :"_ _l.__' ....- t- 1./ Z 2.6'0 "'} - 0 .;x" ' r'nD'f." v'p , 1('1,1\ " " (!i '" e U.96 i: " o " " j " >: lJ >: <2) S3.1 ~8 2./J9 111 c:i ~~ " / /" I ~~'.. ;~~~ /- ~&'(;o ~ Clearwater 0_ PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING I GIS 100 S, Myrtia Avo" Claarwatar, FL 33756 Ph,: (727)562-4750, Fax: (727)526-4755 www.clearwater~fl.com Disclairoor: N W~E - 200 100 F,,~t 200 RESIDENTIAL DISTRICTS LOR - LON Densty Residential lMOR - Low MocIum Density ResidenLial MDR - Mediulll Densty Residenlial M!.IDR - Mooium High Density Residential HDR" High DOl1sily Residential MI-lP - MabIn Home Park CRNCOO - CoacllllklO Ridge Ne(jhborhco:l ConsErValion Ov()(jayDistrlct IENCOO - Island Est<ltes Neigl1bJrhoxl CooservaLbn Qvoflay District . COMMERCIAL DISTRICTS Q-afim T - TouriSll1 C-C'.DlII)rra<l1 1J-1:X-1MI~)Y/fl SPECIAL USE [)(STRICTS JRT -lnoJslrial, Researm and TecI1no1ogy I-In:ljuluional OSIR - Open SpacelRecrooticlnal p-ProservalioflArea City Owned Property Agreement to Annex GJ ~ 8 COUNTY HIGJ--IV'JAY STATE HIGHWAY U.S_ HiGHWAY ...-......, '. Ll~S.........J SUB NUMBER (" - Refer to PI::t) Q BLOCK NUMBER (1) SUB PARCEL NUMBER 9 PARCEL NUMBER (M&B) LAND HOOK (COMMON OWNERSHIP) .,..------ PLATTED SUBDIVISION BOUNDARY ----- LOT OWNERSHIP LINE ORIGINAL PLATTED LOT LINE Zoning Atlas May 13, 2003 212A Ma'd 12 03 08:28a 05;~8;200J THV 15:40 Realt'd ExecutiveSuncoast FAX 727 46~130 MCFARLAND GOULD ET AL OUIlCLlIM..D~D ("'divl~.1l RETURN TO & Prepax-ed lly: (DOnald O. McFarland, Esq, McFarland, Gould, Lyons, Sullivan & Hogan, P.A. 311 S. Missouri Avenue Clearwater, FL 33756 · 717-461-1111 Gnmtor'5 Nllme; Grantor's Name; Philip W. RQgers Linda Rogers Grllnte~'s Name; Allen M. McMullen- Robert Hupp Tax PlIrcel No. 727 726 8190 p.2 _ 141002/004 KARlEEN F. DE BLAKER1 t[f1&....GF~ is PlNELlllS CMm, FlORtiC(7t7 ~ ~:5Qg8 ----------------------------- ---- 3C11.5303 05-08-2003 14:38:56 LMB 51 OCl)-RlJfiERS 000000 3010 - 00000388 1";03186589 BK:12'l31 SPfJ:2453 EPl]:2455 I\EI:!]RDING 003 PAGES 1 $15.00 DOC STAMP - OR219 3 $406.00 TOTt(: CHECK AMI.TENDERED: Cl:\ARG~ AMlJtLIlT: ByaiilJ).- DEf1J1Y CLERK $421.00 $416.50 $4.50 Property Address: O~-IQ658S MAY- 6-200~ ~:3Spn PINELLAS CO 8K 1273\ PG 2453 IIIIJII 11111 mil nti II~ IIIU I[IIIIII.II~ 1111 QUIT CLAIM .DEED ..--....-.....---..........--.................................-......................-..................-----.... ...... .........-.... ....- ............-...--------------- -- - - - ---- --- This llldelfture, made this :L~ day of December,A.D, 2002, Betwtten Philip W Rogers and Linda A. Rogers, hU3'band and wife whose post ojjlce address is, 1754 Arbian Lane, Palm Harbor, F{ 14685 (hereinafrer referred to as "Grantor"), -AND- Allen M. McMullen. Jr., atK/a Allen N McMullen and Ann R, McMullen, husband ([lId wife whose addre5s is 2965 Sunset Paint Road, Clearwater, Fl33759 and Robert R. Hu.pp, a married man. whose post office address is 104 KloswmanRoatf, Palm Harbor, Fl34683 (hereinafter referred to as "Grantee"). WITNESSETH, That said Grrmtor, I'n consideration of the sum ofTEN AND 00/1 OD'S ($/0,00) Dollars and aTher good and valuable considerations in hand paid by the said Grantee, the recdptwhcreofis hereby acknowledged, has remised. released and quitdaimed, and hy tne.m presents does rcmi:re, release and quitclaim unto the mid Grantee all the right. rifle, imerest claim and demand which the .raid Grantor has in and to the following described lot, piece or parcel aflond. situate, lying and being in the County of Pine/las Slate of Florida, lo.wit. SEE EXHIBIT "A",ATTACHED HERETO AND MADE A PART THEREOF Grantor \nrranrs that at the time of thls conveyance, the subject property is not the Grantor's homestead within the menning Net forth In the constitution of the state of Florida, nor is it contiguous to or II part of homestead property. Subject to all Easements, Covenants, Restrictions and Reservations of record and to Real property .axes for the year 2003 and subsequent years. To Have and to Hold tire sama, IOgorher with af! and singular rhe appl-lrtelfances th<jrmmto belonging or In anywise appertaining, and (flllltel:state, right. litle, Inlerest and claim whatsoever ofrhe said Grantor, either in law 01' equ.lty, to tile only propel' use, benefit alld behoof of the said Grantee. . PAGES ~ ACGT ~ GHG A/IiT - CI\~MT '. . ~~~Rl19 -f.(?/!n?b3 OS *<1 FEE.S MiF PIC Rfv TOTAL "Grantor" and "Grantee" are usedfor singular or plural, (IS canter! requireI. ft(9.ytK) ~ Ma~ 12 03 08:28a 05(08/2003 THV 15:41 Realt~ ExecutiveSuncaast FAX 727 46~4~O MCFARLAND GOVLD ET AL 727 726 8190 e p.3 ~003/004 PINELLRS COUNTY FLA. O~r.REC,8K 12731 PG 2454 IN WITNE~S WHEREOF, Gran!or has hereunto s~t GranIor':; hand and seal rh~ day and year first above wrrrrClI. Siglll:d, .{cald and delivered '" the resellce of: ~;\"'~ ~~ PHILIP W. ROGERS Primed or Typtd Name of Grantor :~p ,( V\~ LAY'\\-<'; Primed or Typed Name of Wimc5! t'l1 &~G.~~b.L s;gm.uffi\St\r\ C/, ls~~ ~ Printcd or Typed Name orWh^~,,'1i2 ature of Grantor L DA A. ROGERS rrilllcll or Typed Name of Grunter STATE OF FLOIUDA COUNTY OF PINELL~S The.fOregorng In.Sff1Jment was acknowledged before me rl1/5 {Io JtJ1 day afDecember, 1001, by PHILIP W. ROGERS and LINDA A. ROGERS, who is/are persunally known to me! or who lias/have prod~ced a drivers hcense dS ideniific(ltion anci who did not rake an aalh. .~ N~ Notary Please Print Name: My Commission Expires: Commission Number: (SEAL) ~,,\\\\IlIl"'II"i ~,,'~~~~mNt: 1..../1.<0 ~ }.., ......~~.?'.e; S ~,"~SSIO.v;:.."Y ~ ~ .,",~'P<,e~7.~~". ~ ~ .I&~ ~ ~~... ~ ~*: ..... :*~ ::.~. . .= So~. 'DO 126895 ~::or:$ ~;:..;. ~"t.. ~u , . ~ ~ .."3J..~~ . ~ ~"(,p.)- ....~1I1o~~.^' S' ~,,~ ........ d~"'~" ~II' (fC, ST,A;"\t \\".... '/fI/llllHl\Il\\ Ma::::J 12 03 08:28a 05;08/2003 THV 15:41 FAX 'l;OO~ [lLS9 0)1 IM/U] Realt::::J ExecutiveSuncoast 727 4~4JO MCFARLAND GOULD ET AL gS:gO 3Ul COO,/tO/TO 727 726 8180 e p.4 l4l 0041004 COUNT'( F'LR, P1NE~LAS 12731 PG 2455 OFT . REC ,el< Exhibit '''A'' LorS 4,5,6,7, 12, \3, 14 and 15, Block 4, Acker's Suhdivision, ~C:l:ordi~ to plat rhcn:of,.as recGrded in PIal Book 30, P;Jge 9 t public ree~rcb of Pin ell liS COll"ty, Florida AND Tht: Wc:sr 7'5 (eet ofLD~ 9, 10, antill, ~ogether with II portillU of the West 75 feet ofLQt 8, Block 4, Acker's Subdivi$ion, :lccording to plat therc;Qf, as rccordc:d in Plat Book 30, Page 91, public record.s of Piuellar CountY, Florida, in Section U, Township 28 South, Rang!: 16 East. Pinellas County, beine described u follows: Cot11lm:ndng at tho SouthWC:Sll;omor ohaid Block 4, J'\m S 89-j7'09"E along the South line of $ilid Block 4, for A distance of615.65 fet:t to the SQUthwesl comer of &.lid Lot 11, for:l POINT OF BEGINNING; lhe2Ice N OO\117'43"E lIo(on& tho WC3t line:: o(said Lots] I, lO, 9, aIld B, for a disbl1.te of 240,OlJ feet [0 thll Northwe$l comer of s:lid Lot 8; tMDl:l: S 89"S7'09"E liIong lhr: North line of uid Lot &, for II distance of 'j7 .67 fc~r. thr:nct: S 30-40'2Z"E, for 11. dislance of 33.51 feet to .1'o~t ofIritcI3<:ctWa with the Ba~tline of the WeSl7S fr:et ofsaid Lot &; then<;e S ooolT43"W lIIong the;: EoIstlinc of said Wm 75 feclof.u,ts 8, 9.10 and 11. for a d~t!l1l~ll of 21 U5 feet to 3. Point oflntersedion 'Nith the 50mh line of said Lot 1l~ !betlce N 89"27'O?"W along said South line. tor a dis.ta{Jce of 75.00 feet to tb.& POINT Of BECINNlNG. Together Whh: A portion of the 30-Foot \Yid~ rlghl~f-"'IY fur AUen Avenue, as shown OD rhe Plat of A..kcr''lJ Subcfivi.lion, ~ reeordccl in Plat BOQ):; JOt Pllg,e 91. of the Public Rc:cords ofPinelbs CQunty, florida, being mote p;utir;U1arly described as follows: Begin:lt the Southwelt cQrner of 1..01 15, Illodc. 4, of said pl:lr of ^l:ker'~ SubdivisiQIl, ilicll~E: the following four (4) courses; I)S &9037'27" R along the Nonherly right-of-w'1Y lIne of AlienA \'enu~, J 15.20 F~el; 2)5 OOCt17'43" W alon.,g the Westerlyright-af.way.line QfM~ull=Bnoth Road, (as now cxistffi8), 30.00 feet: 3)N 89037"27" W along the Ea$t-West Centerlinc OfSIlClion28, Towu~p 28 Sot.lth,. R.illlge lG East, J>indbs County, Florida, 315.23 Feet; 4)N OOG20'41" E "long tht Sautba-ly plojetti~11 of the We~t boundary of s:.ld L>t IS, JQ.OQ F~ CD the Point of Beginning. " STAT!: OF FI..OI';IDJl PII\jt:l.lA;:,COUNiY .~ '.u~~ I h3/1Iby c;e/'!l~ I/'llUttle 101ll9Olng 15 ;-~:'=~"", atn.lilC'llPY881~ ~meappe8.ra!lmang :*;'~' \.~ \t1elil~l,ndre,,~'ao I n'SOlJurt, O? ,," :.., Th'C~ dlI,.JJ 2Q~ ~\ ~i' .<:ARLEEN f DlI KEA '\ ~...~.: lefj(QlClrcu '- , cwi."'"~.... "'~"" By:;' OeRJl\'fC18ll< S 'd-aaOa 'ON___ ONnj, SNI 31111 S^3N~OllV \'IV to: 8 EO 0 G . L 'N V r ,r r ;::;-? ,.--' ~____ !./'. f._ fi./ t"\ .t. [/7 7",'" ~-v'>::;;;c'~;;.:..( -:"7" ir,r'; A/', l >('/{/V'. i (r,2Y'1 ~A ,~.. 201A " Ci " ,~'" e 14.96 I: " " ., >: j " >: u >: E0 53.J ----9 2.89 m N e N '" aJ ~ Cllarwater O~ PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING' GIS 100 S, Myrtia Ava" Claarwatar, FL 33756 Ph,: (727)562-4750, Fax: (727)526-4755 www.clearwater-fl.com DixJ&ilTJ(Jr. N W-<?-E 2~ 100 200 RESIDENTIAL DISTRICTS LOR - LaN Densty Residential lMDR - Low MBdllm Density Residential MDR - Medium Densly Resiclential MHDR - Moclium High Density Residential HOR - High Density ResidenUal MHP -1\1obi1e Home Park CRNCOO - Coadlman Ridge Neghborhood ConsmraLioo Overlay District IENCQO -Island Estates NeightorllCOi ConservaLoo Overlay District e COMMERCIAL DISTRICTS o - OHioo T - Tourism C - CorrI"rHdal o - Downk:lwn SPECIAL USE DISTRICTS IRT -lnWslrial, Researdl and Technology 1-lnsUuLuional OS/R - Oporl SpacelRecreational p - ProsorvaLiofl Area . City CNmed Property Ag reement to An nex GJ (0 &3 COUNTY HIGHvVAY STATE HIGHWAY U.S. HIGHWAY ,_Y"'^'l L 1~5 -1 SUB NUMBER (~ ~ Refer to PIa/:) . o BLOCK NUMBER o SUB PARCEL NUMBER g PARCEL NUMBER (M&B) LAND HOOK (COMMON OWNERSHIP) _____ PLATTED SUBDIVISION BOUNDARY _______ LOT OWNERSHIP LINE ORIGINAL PLATTED LOT LINE Zoning Atlas May 13, 2003 212A 201A Q (l '" ,no" e 14,96 ~ Q Q ., " ~ ::, >: <.J >: 8 ~J.l 8 2.8S1 N N o ro ~Cl~arwater B~ PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERIN G I GIS 100 S. Myrtle Ave., Clearwater, FL 33756 Ph.: (727)562-4750, Fax: (727)526-4755 www.clearwater-fl.com DisdaimaT. N w--<rE 2~ Feel 200 100 . RESIDENTIAL DISTRICTS LDR- Low Doosiy Residential lMDR - Loo Meclurn Density Residential MDR- Medium Doosiy Residential MHDR - Medium High Density Residential HOR- High Density Residenllal MHP " 1\1obile Home Park CRNCOO - Coadunan RIdge Neg!llx.lfhcx:x:l CoIlsavalion OVOfJayDistrld. IENCOO - Island Estates Neightorhood Conservatbn QVeflayDislrict COMMERCIAL DISTRICTS o - Offioo T - Tourism C - Corm\((dal o -Downlm,rn SPECIAL USE DISTRICTS IRT -lnctlSlrial, Research and Tectmology 1-lns.lUllJional OS/R - Open Space/Recreational p-ProsorvatiofJArea City ONned Property Agreement to Annex GJ COUNTY HIGHWAY (0 STATE HIGHWAY GJ u.s. HIGHWAY ,~... . l~l~S-.-J SUB NUMBER (* - ReFer to Plat) 0 BLOCK NUMBER (0 (1) SUB PARCEL NUMBER G) PARCEL NUMBER (M&B) LAND HOOK (COMMON OWNERSHIP) ----- PLA TIED SUBDIVISION BOUNDARY ---- LOT OWNERSHIP LINE ORIGINAL PLAlTED LOT LINE Zoning Atlas May 13, 2003 212A . - I . . . 1 · L_________ . . .. Field Visit Map Owner Robert Hupp and Allen McMullen Case: Site: 3080 Allen Avenue Property Size(Acres) : Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 A tlas Page: 212A . fl~,E tvz 20f/1-d'Sa"/7' SUBJECT/RECOMMENDATION: APPROVE the Annexation, Land Use Plan Amendment from Preservation (P) to Residential/Office General (R/OG), and Zoning Atlas Amendment from P-l, General Professional Offices (County) to the 0, Office District for property located at 3080 Allen Avenue (consisting of Lots 4 through 15, Acker's Subdivision, in Section 28, Township 28 South, Range 16 East;) and PASS Ordinance No. 7160-03 to annex this property on first reading and PASS Ordinance Nos. 7160-03, 7161-03, 7162-03, 7166-03 & 7168-03 to amend the Future Land Use Plan Map and Zoning Atlas for this property. Clearwater City Commission Agenda Cover Memorandum . -Work session Item #: Final Agenda Item # Meeting Date: 08-21-03 (ANX2003-05011 and LUZ2003-05004) rg] and that the appropriate officials be authorized to execute same. SUMMARY: The subject site is comprised of five parcels ofland, 1.95 acres in area, located at 3080 Allen Avenue, at the northwest comer of McMullen Booth Road and Allen Avenue. The annexation, land use plan amendment and rezoning is requested by the applicant, Robert Hupp and Allen McMullen who intend to construct offices on this site. The annexation will enable the applicant to receive solid waste and sanitary sewer service. The required impact fees will be paid at the time building permits are issued. Approval of this request would allow the developer to consolidate the entire site, totaling 1.95 acres, in the Residential/Office General (R/OG) future land use plan category and the 0, Office zoning district. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: · The proposed annexation will not have an adverse impact on public facilities and their level of servIce. · The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan, the Community Development Code and Pinellas County and Florida Law. · The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. Please refer to the attached annexation (ANX2003-05011) report for the complete staff analysis. Reviewed by: Legal Info Srvc N/A Budget N/A Public Works N/A Purchasing N/A DCM/ACM Risk Mgmt N/A Other Originating Dept.: Costs PLANNING DEPARTMENT Total (Mark T. Par User Dept.: Planning Current FY Attachments: dinance Nos. 7160-03, 7161-03, 7162- 03, 7166-03 & 7168-03 STAFF REPORTS Funding Source: CI OP Other Submitted by: City Manager ..,. r.." Printed on recycled paper D None Appropriation Code: . . This annexation has been reviewed by the Pinellas Planning Council (PPe) and Pinellas County staffs according to the provisions of Pine lIas County Ordinance No. 00-63, Section 7(1-3), and no ob~ectionshave been raised. " ;\' ,- The applicant is requesting to amend the Future Land Use Plan Map designation foraportiol1 qfthe site totaling 0.38 acres from Preservation (P) (County) to Residential/Office General (RIO G) (City) and the remainder of the site, 1.57 acres from Residential/Office General (RIO G) (County) to Residential/Office General (RlOG) (City). Additionally, a zoning atlas amendment is requested to rezone 0.38 acres of the site from the County's (P-l), General Professional Offices designation to the City's (0), Office District and the remainder of the site (1.57 acres) from the County's (P-l), General Professional Offices designation to the City's (0), Office District. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment and rezoning' application are consistent with the Comprehensive Plan. . The proposed use is compatible with the surrounding area. . Sufficient public facilities are available to serve the property. . The applications will not have an adverse impact on the natural environment. Please refer to the attached land use plan and rezoning (LUZ2003-05004) report for the complete staff analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment site, review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on July 15, 2003 and unanimously recommended approval of both applications. S:IPlanning DepartmentlC D EILand Use Amendments\LUZ 2003\LUZ2003-05004 3080 Allen Avenue1LUZ2003-05004 and ANX2003-05011 CC cover memo.doc . . CDB Meeting Date: July 15, 2003 Case Number: LUZ2003-05004 Agenda Item: G-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNERJAPPLICANT: Robert Hupp and Allen McMullen. REPRESENTATIVE: Bryan Zarlenga (Tampa Bay Engineering, Inc.) LOCATION: 3080 Allen Avenue. REQUEST: (a) Land Use Plan amendment from the Preservation Classification (P) (County) to the Residential/Office General Classification (RIO G) (City) (pending ANX2003-05011); and (b) Rezoning from the P-1, General Professional Office District (County) to the 0, Office District (City) (pending ANX2003-05011). SITE INFORMATION PROPERTY SIZE: 16,553 square feet or 0.38 acres DIMENSIONS OF PROPERTY: 120 feet wide by 230 feet deep m.oJ. PROPERTY USE: Current Use: Proposed Use: Vacant Future medical office PLAN CATEGORY: Current Category: Proposed Category: Preservation Classification (P) (County) Residential/Office General Classification (RlOG) (City) ZONING DISTRICT: Current District: Proposed District: (P-1), General Professional Offices (County) (0), Office (City) Staff Report - Conmmnity Development Board - July 15, 2003 - Case LUZ2003-05004 Page 1 . . EXISTING SURROUNDING USES: North: Office South: Multi-family residential East: Mobile Home Park West: Single- family Residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves portions of three parcels of land, approximately 0.38 acres in area. This site constitutes a portion of a larger site, 1.95 acres, included in a companion application to annex the overall property into the City of Clearwater (Case# ANX2003-05011). The site is currently vacant and has a FLUP designation of Preservation (P) and a zoning classification of P-1, General Professional Offices (County). The applicant is requesting to amend the FLUP designation to the R/OG, Residential/Office General classification and to rezone it to the 0, Office District to develop the property in conjunction with the rest of the applicant's surrounding property. If approved, the overall site will be developed with a medical office building. A portion of the site is overgrown with invasive plant species and is polluted. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment request, review and approval by Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 4.2.1 Policy - All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 2 - ~ . . II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential/Office General (RIO G) category, as specified in Section 2.3.3.4.2 of the Countywide Rules, is to designate areas in the County that are now used, or appropriate to be used for office and/or medium density residential uses and to recognize such areas as primarily well-suited for mixed use of an office/residential character consistent with the surrounding uses, transportation facilities and natural resource characteristics of such areas. The Residential/Office General (RlOG) category is generally appropriate to locations where it would serve as a transition from an urban activity center or more intensive non-residential use to low density residential or public/semi-public use; and in areas where the size and scale of office and residential use is appropriate to free standing office, medium density residential or a combination thereof. These areas are typically in close proximity to and served by the arterial and major thoroughfare highway network, as well as by mass transit. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] McMullen Booth Road, between S.R. 580 and Enterprise Road, is characterized by a variety of uses including office, institutional, retail, multi-family residential and commercial land use designations. Residential/Office General (RIO G) future land use is located to the north of the site, while Commercial General (CG) future land use is located farther to the north of the site. Residential High (RH) dominates the land use to the south of the property while Residential Urban (RU) land use is located to the west. The existing surrounding uses include single-family dwellings located to the west and multi- family residential dwellings located to the south while office buildings are located to the north and northwest. The proposed FLUP designation and rezoning is in character with the overall FLUP designation along this block and is compatible with surrounding uses. IV. SUFFICIENCY OF PUBLIC FACILITIES As stated earlier, the subject site is approximately 0.38 acres in area and is presently vacant. Based on a maximum permitted floor area ratio (FAR) of 0.1 in the P, Preservation category, a 1,655 square feet building could be constructed on this site. The allowable development potential in the Residential/Office General (RIO G) category is aFAR of 0.50 and could allow an 8,276 square foot building to be constructed on this site. Staff Report - COllli11l111ity Development Board - July 15, 2003 - Case LUZ2003-05004 Page 3 . . Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table. MAXIMUM. POTEN'l?IAUTRA..FFI<J McMuUellBootllRoad: 11et'Y~en S;J{.580&Enterpdse ~~rren1E~~~!irig Road SituatiouPlan1 Maximum Daily Added Potential Trips N/A Less than one Maximum PM Peak Hour Added Potential Trips3 Volume of McMuUen Booth Road from S.R. 580 to Enterprise Road LOS of McMullen Booth Road from S.R. 580 to Enterprise Road N/A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of 0.3 trips per acre per day for the Preservation Future Land Use Category. 2 = Based on PPC calculations of 170 trips per acre per day for the Residential/Office General Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan N/A 67,641 0.01 67,641 8 67,706 8 64 F F F F Any increased trips will be distributed to McMullen Booth Road. The 2001 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the McMullen Booth Road from S.R. 580 to Enterprise Road a level of service (LOS) F. The increase in PM Peak trips to the surrounding roadways will be insignificant (less than 1%) in relationship to the existing capacity and will not have a negative effect on the segments level of servIce. Permitted uses in the current FLUP are not traffic generating. Offices are the only uses permitted on the subject site due to the small size of the site and proposed zoning of Office District therefore, only office uses in the proposed FLUP that have been analyzed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's (ITE) Manual. Stand-alone residential development is not permitted by Code within the City's Office District. Staff Report - Community Development Board - July 15,2003 - Case LUZ2003-05004 Page 4 . . Medical Office Building N/A 299 299 36 36 (36.13 trips per 1000 square feet) General Office Building N/A 91 91 12 12 (11.0 I trips per 1000 square feet) N/ A - Not Applicable Source: ITE Tri Generation Manual, 6th Ed., 1997 Based on the ITE Trip Generation Manual, the permitted uses will result in an increase in PM Peak trips to the surrounding roadways insignificant (less than 1 %) in relationship to the existing capacity. The transportation impacts associated with the proposed land use plan amendment and rezoning will be minimal and the LOS for McMullen Booth Road will not be degraded. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along McMullen Booth Road. Water The current FLUP category does not demand any water. Under the proposed FLUP category, water demand could approach approximately 827 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current FLUP category does not produce any wastewater. Under the proposed FLUP category, sewer demand could approach approximately 662 gallons per day. The proposed land use will not negatively affect the City's current LOS for wastewater. Solid Waste The current FLUP category (Preservation) would not result in the production of any solid waste. Under the proposed FLUP category, 19 tons of solid waste could be generated per year by the proposed medical office building. The proposed land use will not negatively affect the City's current LOS for solid waste disposal. Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 5 . . Recreation and Open Space The proposed FLUP amendment and rezoning will not impact the LOS of recreational acreage or facilities due to the non-residential land use classification. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Prior to development ofthe subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The site is currently polluted with fecal coliform and contains invasive plant species. Staff has not noted wildlife of any kind. The Environmental Division of the City's Public Works Administration and SWFWMD do not object to development occurring on this site provided that a site plan including a wet pond with at least 35% area of littoral shelf planting must be submitted to and approved by Staff prior to the issuance of any permits. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. The location of the proposed Office District boundaries are logical and consolidates this site into the appropriate zoning district based on ownership by Robert Hupp and Allen McMullen. It will blend into the existing Office District to the north and will provide a logical buffer to the residential uses to the south and west. Office and Commercial zoning districts exist to the north and northwest. Low Medium and Medium High Density Residential zoning districts existing to the west and south, respectively. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.] The existing land use plan category and zoning district permit a floor area ratio (FAR) of 0.1 and an impervious surface ratio (ISR) of 0.20. The proposed Residential/Office General land use category and Office District is more intensive and permits a FAR of 0.50 and ISR of 0.75. The size of the subject site is 16,553 square feet, and exceeds the minimum lot area requirement of 10,000 square feet and minimum lot width requirement of 100 feet for the Office district. Therefore, the parcel meets the size requirements of the proposed District and the proposed use is permitted in the Office District. Staff Report - Community Development Board - July 15,2003 - Case LUZ2003-05004 Page 6 . '. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The proposed use of these properties is consistent with the Office zoning district regulations. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from Preservation (P) to Residential/Office General (R/OG) and a rezoning from P-l, General Professional Offices, to the 0, Office District for the subject site is requested. The subject site (0.38 acres) in combination with the greater site (1.57 acres in total see case ANX2003-05011) as a whole exceeds the minimum requirements for the proposed use of the property as office space. The neighborhood is surrounded by multi- and single-family residential dwellings to the south and west, respectively and office to the north. The proposed land use amendment and rezoning will be compatible with the existing neighborhood and will consolidate the remainder of the Robert Hupp and Allen McMullen holding (1.57 acres) into the appropriate land use category and zoning district. The proposed Residential/Office General (R/OG) Future Land Use classification and 0, Office zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: ACTIONS: 1. Land Use Plan amendment from the P, Preservation Classification (County) to the R/OG, Residential/Office General Classification (City) (pending ANX2003-05011); and 2. Rezoning from the P-I, General Professional Office District (County) to the 0, Office District (City) (pending ANX2003-05011). CONDITIONS: I. That site plans indicating a wet pond with at least 35% area of littoral shelf planting be submitted to and approved by Staff prior to the issuance of any permits; and 2. That stormwater calculations to be submitted to and approved by Staff prior to the issuance of any pennits. Prepared by Planning Department staff: I~/ Mark T. Parry, Planner /' Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 7 . . Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:\Planning DepartmentlC D B\Land Use AmendmentsILUZ 20031LUZ2003-05004 3080 Allen Avenue\LUZ2003-05004 Staff Report. doc Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 8 ~~Ir . .__a,. ~ /1 ~ ~~ I ~'PR~ ^ ~ ~ + R ~~ EB,,~ ~~~~rrl ,._~ ", JW ~~E tH~~ J~: r~;; 1/'=J).(Jlf=-n ~ ~I~t srn~~ )- ~ 111111' ~~ i/7ltii - ~ 00 r- ,.. II 0' /r; aroX-", J J ~~ ;u__ "'l;",' l"~'" _ - '1 <~l ~ , ~_' J ~h - EffiHHffffi.1fli ~ld ~~ ',.J\~UilllHHffi~ -, ~ ~ 'Il, tI1tIU,'/,I,'lt.WIf:. ,A, /1- h 1'/111 J',....,,;........._'ll II L<'fHEr T"!!/ _ ~~ ~~~_~l&~;;;. = ,~r I ~~ ~,..... ~~ [J Cj'~1 CLC\= t: '~. ' It' l-jl '\ -;; T >- _~ " ,., 1/ I IT I I :>- =l III "', r IV r T T ') '1~'~t1 ::: Irr I ~! I' /KJ7 >--( / \1 ~L , I 1ZJ . - I """ I /', ,i f"/!I " ~~~) ~ ~ NT ~~'~~;1 I ./ \~>,>' ~~ ~I .- "" )( >. ~crn 'II ~ ~ 8J~ ~ T ~~.7'\ T ::rJ'&s l-f !2 CfX) '<@ 17 ~~ % urn ~;rrr;::n 'c"::!!' J.] )<.'( T ' f=~ I. ~ II11I ,i , t:t:tff1 "V I "V ,r~1 IT ~ i ' a)(R . '/7:1 'T ,r 4 (~\] ,0;\ n c:~?, PR~f~~T I 'p~ ~ L J fl$"~: fi'It' " h 00 I " Location Map '\ F1 ~;;; tlmt ' " " l::: e- 1:: T II ~ "Y ..... 't "^ ~,'fT ffi&% ~~ ~ >,; T I 1~~tI ',1111111111 1- "1""'" "#-. "TT 'f' TT '- ~ --/'( Owner Robert Hupp and Allen McMullen Case: LUZ2003-05004 Site: 3080 Allen Avenue Property 0.38 Size (Acres) : Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P Pl (County) 28/28/16/00036/004/0060 To: R/OG 0 Atlas Page: 212A . e.. . / Aerial Photograph Owner Robert Hupp and Allen McMullen Case: LUZ2003-DS004 Site: 3080 Allen Avenue Property 0.38 Size(Acres : Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 Atlas Page: 212A . . A i,i/ .//\1/ Mobile Home Park ALLEN L- ALLEN AVE 2680 2682 Multi-family residential 2652 ~ '" '" 2664 2660 '" :s '" ~ 2656 72 2669 Existing Surrounding Uses Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-GS004 Site: 3080 Allen Avenue Property Size(Acres) : 0.38 Land Use Zoning From: P P1 (County) PIN: 28/28/16/00036/004/0120 28/28/16/00036/004/0060 To: R/OG o Atlas Page: 212A View looking west from east side of site View looking northeast from south side of site View looking northwest from south side of site View looking southeast from northwest corner of site View looking north from southeast corner of site View looking west from east side of site Hupp/McMullen LUZ2003-05004 3080 Allen Avenue . . ORDINANCE NO. 7166-03 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 AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF A PORTION OF LOTS 6 THROUGH 13, BLOCK 4, CONSISTING OF THREE PARCELS TOTALING 0.38 ACRES, TOGETHER WITH A PORTION OF THE 30.00-FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAUOFFICE GENERAL (RlOG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See legal description attached hereto (LUZ2003-05004 ) Land Use CateQory Residential/Office General (R/OG) NOTE: This property is currently designated (P) "Preservation" in Pinellas County Land Use Plan. Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7160-03, and 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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7066-03 . . - SECTION 28 . TOWNSHIP 28 SOUTH, RANGE 16 EAST PINELLAS COUNTY, FLORIDA LUZ2003-05004 DESCRIPTlON: WETLAND JURISDICTIONAL AREA A PORTION OF LOTS 6, ~. 8, 9, 10, 11, 12 AND 13, BLOCK 4, TOGE7HER W/7H A PORTION OF THE 30.00 FOOT WIDE RIGHT-OF-WA Y FOR ALLEN A VE, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 3D, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PACE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 89"36'56" E, ALONG THE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 57.67 FEET; THENCE S 68'49'16" ~ A DISTANCE OF 94.05 FEET TO mE POINT OF BEGINNING,' THENCE THE FOLLOWING TWENTY ONE (21) COURSES: THENCE S 80'49'22" E, A DISTANCE OF 28.06 FEET; THENCE S 29"51'24" E, A DISTANCE OF 21.06 FEET; THENCE S 02'17'02" E, A DISTANCE OF 37.31 FEET; THENCE S 22"45'56" E, A DISTANCE OF 21.35 FEET; THENCE S 07'42'59" ~ A DISTANCE OF 23.99 FEET; THENCE S 33'05'03" E, A DISTANCE OF 33.54 FEET; THENCE S 86:21'06" E, A DISTANCE OF 29.69 FEET; THENCE S 0277'12" ~ A DISTANCE OF 62.75 FEET; THENCE S 37"58'01" ~ A DISTANCE OF 29.07 FEET; THENCE N 86'30'27" ~ A DISTANCE OF 45.71 FEET; THENCE N 60:22'11" w: A DISTANCE OF 22.98 FEET; THENCE N 10'49'00" w: A DISTANCE OF 40.18 FEET; THENCE N 03'09'35" E, A DISTANCE OF 27.49 FEET; THENCE N 24'33'08" VY, A DISTANCE OF 28.89 FEET; THENCE N 62:27'58" VY, A DISTANCE OF 17.66 FEET; THENCE N 26'57'38" VY, A DISTANCE OF 29.26 FEET; THENCE N 12'49'38" E, A DISTANCE OF 29.57 FEET; THENCE N 18"51'13" w: A DISTANCE OF 18.64 FEET; THENCE N 22'19'30" E, A DISTANCE OF 19.54 FEET; THENCE N 44'18'44" E, A DISTANCE OF 15.80 FEET; THENCE N 85'34'07" E, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. LESS THE RIGHT-OF-WAY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. . . ~ ~ o o '9 ~ --.I :5 ~ :e RU ~ ALLEN AVE 2682 2680 2652 l!:' '" '" 2664 RH 2660 s '" iil '" '" 2656 72 2669 Future Land Use Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-0S004 Site: 3080 Allen Avenue Property 0.38 Size Acres]: Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 Atlas Page: 212A . ORDINANCE NO. 7168-03 . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF A PORTION OF LOTS 6 THROUGH 13, BLOCK 4, CONSISTING OF THREE PARCELS TOTALING 0.38 ACRES, TOGETHER WITH A PORTION OF THE 30.00-FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See legal description attached hereto (LUZ2003-05004 ) Zoninq District Office (0) NOTE: This property is currently zoned (P-1) "General Professional Office" by Pinellas County. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7160-03. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: / ,.>.,."...-.... \..i /.' ..,', ,I' / ' 1/ /l' t' /' . . . ....~=~,,~) xt~./(','.~. .,....>,.:.. ! ., .Y CAr. Ci '. '_. .;iI"h.C.. Leslie K. Dougalf:Side~ ". Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7168-03 LUZ2003-05004 . SECTION 28 . TOWNSHIP 28 SOUTH. RANGE 16 EAS1 PINEllAS COUNTY. FLORID A DESCRIPnON: WEtLAND JURlSDICnONAL AREA A PORnON OF LOTS 6, ~. 8, 9, 10, II, 12 AND 13, BLOCK 4, TOGETHER VVlTH A PORnON OF THE 30.00 FOOT WIDE RIGHT-OF-WA Y FOR ALLEN A VE, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 3D, . PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 3D, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 89"36'56" E. ALONG THE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 57.67 FEET; THENCE S 68"49'16" J-Y. A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOVVlNG TWENTY ONE (21) COURSES: THENCE 5 80"49'22" E. A DISTANCE OF 28.06 FEET; THENCE S 29"51'24" E. A DISTANCE OF 21.06 FEET; THENCE S 02"17'02" E. A DISTANCE OF 37.31 FEET; THENCE S 22"45'56" E, A DISTANCE OF 21.35 FEET; THENCE S 07"42'59" ~ A DISTANCE OF 23.99 FEET; THENCE S 33"05'03" E, A DISTANCE OF 33.54 FEET; THENCE S 86"21'06" E, A DISTANCE OF 29.69 FEET; THENCE 5 02"17'12" ~ A DISTANCE OF 62.75 FEET; THENCE S 37"58'01" ~ A DISTANCE OF 29.07 FEET; THENCE N 86"30'27" JiY. A DISTANCE OF 45.71 FEET; THENCE N 60"22'11" ~ A DISTANCE OF 22.98 FEET; THENCE N 10"49'00" ~ A DISTANCE OF 40.18 FEET; THENCE N 03"09'35" E. A DISTANCE OF 27.49 FEET; THENCE N 24"33'08" I--Y. A DISTANCE OF 28.89 FEET; THENCE N 62"27'58" ~ A DISTANCE OF 17.66 FEET; THENCE N 26"57'38" ~ A DISTANCE OF 29;26 FEET; THENCE N 12"49'38" E. A DISTANCE OF 29.57 FEET; THENCE N 18"51'13" ~ A DISTANCE OF 18.64 FEET; THENCE N 22"19'30" E, A DISTANCE OF 19.54 FEET; THENCE N 44"18'44" E, A DISTANCE OF 15.80 FEET; THENCE N 85"34'07" E, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. LESS THE RIGHT-OF-WAY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. . . A /'JI ,i/\f/ ~ '1: o o co ;; UJ ..., 5 ~ :e R-6 R-3 0 ALLEN ALLEN A VE 2678 2680 MHDR 2652 ~ ~ 2664 2660 2674 ~ OJ '0 '" 2656 2672 2669 Surrounding Zoning Map Owner Robert Hupp and Allen McMullen Case: LUZ2003-05004 Site: 3080 Allen Avenue Property 0.38 Size (Acres) : Land Use Zoning PIN: 28/28/16/00036/004/0120 From: P P1 (County) 28/28/16/00036/004/0060 To: R/OG 0 Atlas Page: 212A . . CDB Meeting Date: July 15, 2003 Case Number: ANX2003-05011 Agenda Item: G-l CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT BACKGROUND INFORMATION OWNER/APPLICANT: Robert Bupp and Allen McMullen. REPRESENTATIVE: Bryan Zarlenga (Tampa Bay Engineering, Inc.) LOCATION: 3080 Allen Avenue. REQUEST: (a) Annexation of 1.95-acres to the City of Clearwater to be included as part of a pending land use and zoning case (LUZ2003-05004); (b) Land Use Plan amendment of 1.57 acres from the Residential/Office General (R/OG) (County) to Residential/Office General (R/OG) (City); and (c) Rezoning of 1.57 acres from the P-l, General Professional Office District (County) to the 0, Office District (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 84,942 square feet or 1.95 acres DIMENSIONS OF SITE: 315 feet wide by 270 feet deep PROPERTY USE: Current Use: Proposed Use: Single-family dwelling Future medical office PLAN CATEGORY: Current Category: Proposed Category: Residential/Office General (RIO G) (County) (1.57 acres) and Preservation (P) (County) (0.38 acres) Residential/Office General (RIO G) (City) (1.57 acres) Staff Report - Conullunity Development Board - July 15, 2003 - Case ANX2003-0501l Page 1 . . ZONING DISTRICT: Current District: Proposed District: (P-l), General Professional Offices (County) (0), Office (City) EXISTING SURROUNDING USES: North: Office South: Multi-family residential East: Mobile Home Park West: Single-family Residential ANALYSIS: This annexation involves a 1.95-acre property consisting of five parcels, located on the northwest comer of McMullen Booth Road and Allen Avenue together with a portion of the 30- foot right- of-way along Allen Avenue and the adjacent right-of-way along Charles Avenue. The property is contiguous with the existing City boundaries to the north and south therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The applicant is requesting this annexation to receive sanitary sewer service. The required impact fees will be paid at the time building permits are issued, as well as the cost to extend water and sewer service to the property. It is proposed that 1.57 acres of the total site have a Future Land Use Plan designation of Residential/Office General and a zoning category of Office District. A companion application to change the Future Land Use Plan category of the remaining 0.38 acre portion of this site from Preservation (P) to Residential/Office General (RlOG), and to rezone it from P-l, General Professional Offices (County) to the 0, Office District is being processed concurrently with this annexation request in LUZ2003-05004 (see agenda item G-l). I. IMPACT ON CITY SERVICES: Water and Sewer The applicant receives water service from Pinellas County. Sewer service will be provided by the City of Clearwater and capacity for the project is available for this utility. The closest sewer line is located in the adjacent Allen A venue right-of-way. The applicant is aware of the costs to extend service to this site, as well as the applicable impact fees and utility deposits that must be paid at the time building permits are issued. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Staff Report - Community Development Board- July 15,2003 - Case ANX2003-05011 Page 2 . . Police The property is located within the East Police District and service will be administered through the District 3 Substation located at 2851 McMullen Booth Road and County Road 580. There are currently 56 patrol officers and 7 patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to the property by Station #50 located at 2681 Countryside Boulevard. The Fire Department will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.l] The proposed annexation is consistent with promoting the following goal and objectives of the City of Clearwater Comprehensive Plan: 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. 5.0 Goal - 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 exceed the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. In summary, the proposed annexation is consistent with the City's Comprehensive Plan. Staff Report - Conununity Development Board - July 15, 2003 - Case ANX2003-05011 Page 3 . . III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] The site currently includes Residential/Office General (1.57 acres) and Preservation (.038 acres) Future Land Use Plan designations. This annexation request only designates 1.57 acres to the Residential/Office General classification. The entire 1.95 acre site is currently zoned General Professional Offices in the County and this annexation request proposes to rezone only 1.57 acres of the property to the Office District. The remaining 0.38 acres is subject to the proposed rezoning and Future Land Use Plan amendment analyzed and discussed in the staff report for LUZ2003-05004 (see agenda item G-l). IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: The Future Land Use Plan of the site is Residential/Office General and Preservation (County) and will have a Land Use Classification of Residential/Office General (City) with a maximum FAR of 0.5. V. CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW: Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff and Pinellas County staff have reviewed this annexation and determined it complies with all applicable ordinance criteria. Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous with the existing City boundaries to the north and south and represents a logical and appropriate extension of the existing boundaries. The compactness standard of Florida law requires that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistent with this standard with no new enclave being created. In summary, the annexation of this property is consistent with Florida law. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. Staff Report - Community Development Board - July 15, 2003 ~ Case ANX2003-050ll Page 4 . . SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends APPROVAL of the following actions on the request: 1. Annexation of 1.95-acres to the City of Clearwater to be included as part of a pending land use and zoning case (LUZ2003-05004); 2. Land Use Plan amendment of 1.57 acres from the RlOG, Residential/Office General (County) to RlOG, Residential/Office General (City); and 3. Rezoning of 1.57 acres from the P-l, General Professional Office District (County) to the 0, Office District (City of Clearwater). Prepared by Planning Department Staff: ---~-'.'---"--'-'-", -.--- / ~ ,/ Mark T. Parry, Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S:IPlanning DepartmentlC D BIAnnexationslANX - 2003lANX2003-05011 Hupp McMullen 3080 Allen AvenuelANX2003-05011 staff report. doc Staff Report - COllli1ll111ity Development Board - July 15, 2003 - Case ANX2003-050 11 Page 5 A ~ ~ I:-~.~,/ .c_ ~ ~~ n-1 '" 'l--l T",,- '/.'<.~ ~~) NI I L--'I r~ >...Y)... nr I :"-. iLL I v ^ "C]l T ~~ I -4+ TT ~ ]ill , 7,C: <.C ,m l~ K1' E .L - ~ '{ TTr7r --r -} ~ JJ u--t:[.it I I I r\ : 1\ L ~~\.. C' ~ ''If:I ~~ ~~ EB. ~ 1/ ~C-~l 'U ~ VEtc \ I':>: t~~~ j '" ;- )-- ~ III IT' '</).'< :---~ II ~ I '/ . FIJI" - ~~ ,,~ I t ~~~! :::., IY~~ /> :~ . 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T JII I ~0 1---< 3 ~ Location Map Owner Robert Hupp and Allen McMullen Site: 3080 Allen A venue Land Use Zoning From: R/OG and P P1 (County) To: R/OG 0 Case: Property Size (Acres): R-O-W Size (Acres): PIN: A tlas Page: - ~d -j ~T "- ~-./i 1/1 ANX2003-05011 1.95 0.48 28/28/16/00036/004/0150 28/28/16/00036/004/0120 28/28/16/00036/004/0040 28/28/16/00036/004/0050 28/28/16/00036/004/0060 28/28/16/00036/004/0080 212A . . Owner Robert Hupp and Allen McMullen Case: ANX2003-050 11 Site: 3080 Allen Avenue Property Size (Acres): 1.95 R-O-W Size (Acres): 0.48 Land Use Zoning 28/28/16/00036/004/0150 28/28/16/00036/004/0120 PIN: 28/28/16/00036/004/0040 From: R/OG and P P1 (County) 28/28/16/00036/004/0050 28/28/16/00036/004/0060 To: R/OG 0 28/28/16/00036/004/0080 Atlas Paae: 212A . . i\ Mobile Home Park c '" c '" ALLEN ALLEN AVE 2678 2680 Multi-family residential 2652 ~ t\l 2664 2660 674 '0 :g '" ~ '" 2656 2672 2669 Existing Surrounding Uses Map Owner Robert Hupp and Allen McMullen Site: 3080 Allen A venue Land Use Zoning From: R/OG and P P1 (County) To: R/OG 0 Case: ANX2003-05011 Property Size (Acres): R-O-W Size (Acres): PIN: 1.95 0.48 28/28/16/00036/004/0150 28/28/16/00036/004/0120 28/28/16/00036/004/0040 28/28/16/00036/004/0050 28/28/16/00036/004/0060 28/28/16/00036/004/0080 212A Atlas Page: View looking west from east side of site View looking northeast from south side of site View looking northwest from south side of site View looking southeast from northwest corner of site View looking north from southeast corner of site View looking west from east side of site Hupp/McMullen ANX2003-05011 3080 Allen Avenue l . . ORDINANCE NO. 7160-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING FIVE PARCELS TOGETHER WITH A PORTION OF THE 30-FOOT RIGHT-OF- WAY ALONG ALLEN AVENUE TOTALING 1.95 ACRES CONSISTING OF LOTS 4 THROUGH 7, TOGETHER WITH LOTS 12 THROUGH 15, BLOCK 4, ACKER'S SUBDIVISION AND THE WEST 75 FEET OF LOTS 9, 10, AND 11, TOGETHER WITH A PORTION OF THE WEST 75 FEET OF LOT 8, BLOCK 4, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171 .044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto. (ANX2003-050 11 ) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL Ordinance No. 7160-03 . PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: \, /~. ~<"""~"'''''i _,' .''-;' ~ ",';' , . __ I ' /''/;' (" ,--- , /. ,<>',. ')/ )( ,//l>~ / (// V (/\l,-Ct/' , " ,'"f7.jk7" ,,/J ,,,J"T1 y,:'l Le'slie K. Dougart-SiCife~ ",,' ., . Assistant City Attorney -. Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7160-03 . . DESCRIPTION: LOTS 4 THROUGH 7, TOGETHER WITH LOTS 72 THROUGH 75, BLOCK 4, ACKER'S SUB-DIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 9 7, OF THE PUBL I C RECORDS OF PI NELLAS COUNTY, FL OR I DA; TOGETHER WITH: THE WEST 75 FEET OF LOTS 9, 70 AND 77, TOGETHER WITH A PORTION OF THE WEST 75 FEEl OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, ACCORDING TO PLAT THEREOF, AS RECORDED Itv PLAT BOOK 3D, PAGE 91 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 28 SOUTH, RANGE 76 EAST, PINELLAS COUNTY, SAID PARCEL BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 4, RUN SOUTH 89 DEGREES 37'09" EAST ALONG THE SOUTH LINE OF SAID BLOCK 4, FOR A DISTANCE OF 676.65 FEET TO THE SOUTHWEST CORNER OF SAID LOT 77, FOR POINT OF BEGINNING; THENCE NORTH 00 DEGREES 77'43" EAST ALONG THE WEST LINE OF SAID LOTS 71, 10, 9 AND 8 FOR A DISTANCE OF 240.00 FEET TO THE NORTHWEST CORNER OF SAID LOT B; THENCE SOUTH 89 DEGREES 37'09" EAST, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 57.67 FEET,' THENCE SOUTH 30 DEGREES 40 '22" EAST FOR A DISTANCE OF 33.67 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 75 FEET OF SAID LOT 8,' THENCE SOUTH 00 DEGREES 17'43" WEST ALONG THE EAST LINE OF SAID WEST 75 FEET OF LOTS 8, 9, 10 AND ", FOR A DISTANCE OF 21,. 15 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 11; THENCE NORTH 89 DEGREES 27'09" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING, TOGETHER WITH: A PORTION OF THE 30 FOOT WIDE RIGHT-OF~WAY FOR ALLEN AVENUE, AS SHOWN ON THE PLAT OF ACKER'S SUB-DIVISION, AS RECORDED IN PLAT BOOK 3D, PA.GE 91 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 15, BLOCK 4, SAID PLAT OF ACKE/?'S SUB-DIVISION. THENCE THE FOLLOWING FOUR (4) COURSES: 1) S 89037'27"E, ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF ALLEN AVENUE, 315.20 FEET; 2) S 00017'43" W, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF McMULLEN BOOTH' ROAD, (AS NOW EXISTING), 30.00 FEET; (3) N 89037'27" W ALONG THE EAST-WEST CENTERLll'JE OF SECTJO/V 23, TOiYNSHIP 28 SOUTH, RANGE 76 EAST, PINELLAS COUNTY, FLORIDA, 315.23 rYET; (4) N 00020/47" E, ALONG THE SOUTHERLY PROJECTION OF THE WEST BOUNDARY OF SAID LOT 15, 30.00 FEET TO THE POINT OF BEGINNING. . . A il !:.~i !j\Z,/ g '" ALLEN 2678 2680 2682 2652 ~ :>1 2664 2660 2674 '" :g " llj '" " 2656 2672 Proposed Annexation Map Owner Robert Hupp and Allen McMullen Site: 3080 Allen A venue Land Use Zoning From: R/OG and P P1 (County) To: R/OG 0 Case: Property Size (Acres): R-O-W Size (Acres): PIN: Atlas Page: I d ;Jt ALLEN AVE 2669 ANX2003-D50 11 1.95 0.48 28/28/16/00036/004/0150 28/28/16/00036/004/0120 28/28/16/00036/004/0040 28/28/16/00036/004/0050 28/28/16/00036/004/0060 28/28/16/00036/004/0080 212A . . ORDINANCE NO. 7161-03 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 AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF FIVE PARCELS TOGETHER WITH A PORTION OF THE 3D-FOOT RIGHT-OF- WAY ALONG ALLEN AVENUE TOTALING 1.57 ACRES, CONSISTING OF LOTS 4 THROUGH 7, TOGETHER WITH LOTS 12 THROUGH 15, BLOCK 4, ACKER'S SUBDIVISION AND THE WEST 75 FEET OF LOTS 9, 10, AND 11, TOGETHER WITH A PORTION OF THE WEST 75 FEET OF LOT 8, BLOCK 4, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, MINUS A PORTION OF LOTS 6 THROUGH 13, BLOCK 4, ACKER'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAUOFFICE GENERAL (R/OG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See legal description attached hereto (ANX2003-05011 ) Land Use CateQorv Residential/Office General (R/OG) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7160-03, and 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 S 163.3189, Florida Statutes. PASSED ON FIRST READING Ordinance No. 7161-03 . PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: \:1;/' /,..", ~"),/f-' <~~2 ,.'e /}~v>~" ,\! I; '1.1' ,'j. . k"V, f:. "/'U( ,C ,.,.,'}.'L i ):;.._^.~- ."'>;",) '-"' \; - -/~ '\. .,--./ ~'._',-' '" -,~'" .-' ,-.........,Jo Leslie K: Dougall~STd~s ) - ,,' Assistant City Attorney/ " Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7161-03 " . DESCRIPTION: LOTS 4 THROUGH 7, TOGETHER WITH LOTS 72 THROUGH 75, BLOCK 4, ACKER'S SUB-D I VISION, ACCORD I NG TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 30, PA OE 97, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; . TOGETHER WITH: THE WEST 75 FEET OF LOTS 9, 70 AND J J, TOGETHER WITH A PORTION OF THE WEST 75 FEEl OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, ACCORDING TO PLAT THEREOF, AS RECORDED l^ PLAT BOOK 30, PAGE 91 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, SAID PARCEL BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 4, RUN SOUTH 89 DEGREES 37'09" EAST ALONG THE SOUTH LINE OF SAID BLOCK 4, FOR A DISTANCE OF 676.65 FEET TO THE SOUTHWEST CORNER OF SAID LOT J " FOR POINT OF BEGINNING,. THENCE NORTH 00 DEGREES 77'43" EAST ALONG THE WEST LINE OF SAID LOTS ", 10, 9 AND 8 FOR A DISTANCE OF 240.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTH 89 DEGREES 37'09" EAST, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 57.67 FEET; THENCE SOUTH 30 DEGREES 40 '22" EAST FOR A DISTANCE OF 33.67 FEET TO A POINT OF INTERSECTION WITI..I THE EAST LINE OF THE WEST 75 FEET OF SAID LOT 8,' THENCE SOUTH 00 DEGREES 17'43" WEST ALONG THE EAST LINE OF SAID WEST 75 FEET OF LOTS 8, 9, 10 AND J I, FOR A DISTANCE OF 21,. 15 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 71; THENCE NORTH 89 DEGREES 27'09" WEST ALONG SAID. SOUTH LINE FOR A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING. ! TOGETHER WITH: A PORTION OF THE 30 FOOT WIDE RIGHT-OF~WAY FOR ALLEN AVENUE, AS SHOWN ON THE PLAT OF ACKER'S SUB-DIVISION, AS RECORDED. IN PLAT BOOK 30, PAGE 91 OF THE PUBLIC RECOl?DS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 15, BLOCK 4, SAID PLAT OF ACKER'S SUB-DIVISION, THENCE THE FOLLOWING FOUR (4) COURSES: 1) S 89037'27"E, ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF ALLEN AVENUE, 315.20. FEET; 2) S 00017'43" W, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD, (AS NOW EXISTING), 30.00 FEET; (3) N 89"37'27" W ALONG fl-IE EAST-WEST CENTERLINE OF SECTION 28, TOWNSHIP 28 SOUTH, RANGE 76 EAST, PINELLAS COUNTY, FLORIDA, 315.23 FEET; (4) N 00020147" E, ALONG THE SOUTHERLY PROJECTION OF THE WEST BOUNDARY OF SAID LOT 75, 30.00 FEET TO THE POINT OF BEGINNING. ANX2003-05011 -. SECllON 28 , TOWNSHIP 28 SOUTH, RANGE 16 EAST PINELLAS COUNTY, flORIDA LESS THE FOLLOWING: DESCRIPTION: WETLAND JURISDICTIONAL AREA A PORTION OF LOTS 6, 7, 8, 9, 10, 11, 12 AND 13, BLOCK 4, TOGETHER WITH A PORTION OF THE 30.00 FOOT WIDE RIGHT-OF-WA Y FOR ALLEN A VE, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE NORTHWEST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PACE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;. THENCE S 89"36'56" E, ALONG THE NORTH BOUNDARY OF SAID LOT 8, A DISTANCE OF 57.67 FEET; THENCE S 68'49'16"' JoY. A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING TWENTY ONE (21) COURSES: . THENCE S 80"49'22" E, A DISTANCE OF 28.06 FEET; THENCE 5 29"51'24" E, A DISTANCE OF 21.06 FEET; THENCE 5 02"17'02" E, A DISTANCE OF 37.31 FEET; THENCE S 22"45'56" E, A DISTANCE OF 21.35 FEET; THENCE S 07"42'59" ~ A DISTANCE OF 23.99 FEET; THENCE S 33"05'03" E, A DISTANCE OF 33.54 FEET; THENCE S 86:21'06" E, A DISTANCE OF 29.69 FEET; THENCE 5 02"17'12" l-V, A DISTANCE OF 62.75 FEET; THENCE S 37"58'01" If, A DISTANCE OF 29.07 FEET; THENCE N 86"30'27" ~ A. DISTANCE OF 45.71 FEET; THENCE N 60"22'11" W; A DISTANCE OF 22.98 FEET; THENCE N 10"49'00" If, A DISTANCE OF 40.18 FEET; THENCE N 03'09'35" E, A DISTANCE OF 27.49 FEET; THENCE N 24"33'08" If, A DISTANCE OF 28.89 FEET; THENCE N 62"27'58" If, A DISTANCE OF 17. 66 FEET,. THENCE N 26"57'38" If, A DISTANCE OF 29.26 FEET; THENCE N 12'49'38" E, A DISTANCE OF 29.57 FEET; THENCE N 18"51'13" If, A DISTANCE OF 18.64 FEET; THENCE N 22"19'30" E, A DISTANCE OF 19.54 FEET; THENCE N 44"18'44" E, A DISTANCE OF 15.80 FEET; THENCE N 85"34'07" E. A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. LESS THE RIGHT-OF-WAY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. . ~ !/~\!r7NS it \tJ 8 '" 78 2680 2682 ~ ~ 26RH 74 ~ ~ " 2672 2652 2660 2656 Future Land Use Plan Map Owner Robert Hupp and Allen McMullen Site: 3080 Allen A venue Land Use Zoning From: R/OG and P Pl (County) To: R/OG 0 Case: Property Size (Acres): R-O-W Size (Acres): PIN: Atlas Page: . ALLEN AVE 2669 ANX2003-G50 11 1.57 0.48 28/28/16/00036/004/0150 28/28/16/00036/004/0120 28/28/16/00036/004/0040 28/28/16/00036/004/0050 28/28/16/00036/004/0060 28/28/16/00036/004/0080 212A II . ORDINANCE NO. 7162-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE ALLEN AVENUE/MCMULLEN BOOTH ROAD INTERSECTION, APPROXIMATELY 1,000 FEET SOUTH OF STATE ROAD 580, CONSISTING OF FIVE PARCELS TOGETHER WITH A PORTION OF THE 3D-FOOT RIGHT-OF- WAY ALONG ALLEN AVENUE TOTALING 1.57 ACRES, CONSISTING OF LOTS 4 THROUGH 7, TOGETHER WITH LOTS 12 THROUGH 15, BLOCK 4, ACKER'S SUBDIVISION AND THE WEST 75 FEET OF LOTS 9, 10, AND 11, TOGETHER WITH A PORTION OF THE WEST 75 FEET OF LOT 8, BLOCK 4, ACKER'S SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY ALONG CHARLES AVENUE, MINUS A I PORTION OF LOTS 6 THROUGH 13, BLOCK 4, ACKER'S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3080 ALLEN AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OFFICE (O); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See legal description attached hereto ANX2003-05011 ) Zoninq District Office (0) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7160-03. PASSED ON FIRST READING Ordinance No. 7162-03 . PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: , j/ {"..,..__o~/-, /_._} \. F '.' ~?!I /' '7' . ,/ "--'. ,J /:1 ~/.._ \ ,i.?' . ():\ -" ,- ~. <' {'-~ ~ - .... ~/j1~-r:.#l' <,<,.- ~ y. >' ,__ l-d/l 1..,;2! /~ 0,..",\,7 -""~'{L Leslie K Dougall-Sid~s \ Assistant City Attorne~) -. Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7162-03 . . DESCRIPTION: LOTS 4 THROUGH 7, TOGETHER WITH LOTS 12 THROUGH 15, BLOCK 4, ACKER'S SUB-DIVISION, ACCORDING TD THE PLAT THEREOF AS RECDRDED IN PLAT BOOK 30, PAGE 91, OF THE PUBL I C RECORDS OF PI NELLAS COUNTY, FL OR IDA; . TOGETHER WI TH: THE WEST 75 FEET OF LOTS 9, 10 AND 11, TOGETHER WITH A PORTION OF THE WEST 75 FEEj OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, ACCORDING TO PLAT THEREOF, AS RECORDED I^ PLAT BOOK 30, PAGE 9/ OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, SAID PARCEL BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 4, RUN SOUTH 89 DEGREES 37'09" EAST ALONG THE SOUTH LINE OF SAID BLOCK 4, FDR A DISTANCE OF 616. 65 FEET TO THE SOUTHWEST CORNER OF SA I D LO T 11, FOR PO I NT OF BEG INN I NG,' THENCE NORTH 00 DEGREES 17'43" EAST ALONG THE UEST LINE OF SAID LOTS 1" 10, 9 AND 8 FOR A DISTANCE OF 240.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTH 89 DEGREES 37'09" EAST, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 57,67 FEET; THENCE SOUTH 30 DEGREES 40 '22" EAST FOR A DISTANCE OF 33.67 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 75 FEET OF SAID LOT 8,' THENCE SOUTH 00 DEGREES 17'43" WEST ALONG THE EAST LINE OF SAID WEST 75 FEET OF LOTS 8, 9, 10 AND. 11, FOR A DISTANCE OF 211, 15 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 11; THENCE NORTH 89 DEGREES 27'09" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A PORTION OF THE 30 FOOT WIDE RIGHT-OF-WAY FOR ALLEN AVENUE, AS SHOWN ON THE PLAT OF ACKER'S SUB-DIVISION, AS RECORDED. IN PLAT BOOK 30, PAGE 91 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE SOUTHWEST CORNER OF LOT 15, BLOCK 4, SAID PLAT OF ACKER'S SUB-DIVISION, THENCE THE FOLLOWING FOUR (4) COURSES: 1) S 89Q37'27"E, ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF ALLEN AVENUE, 315.20. FEET; 2) S 00017'43>> W, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD, (AS NOW EXISTING), 30.00 FEET; (3) N 89037'27" W ALONG T/-IE EAST-WEST CENTERLINE OF SECTION 28, TQt-VNS/-IJP 28 SOUTH, RANGE 76 EAST, PINELLAS COUNTY FLORIDA, 315.23 FEET; (4) N 00020147" E, ALONG THE SOUTHERLY PROJECTION OF THE WEST BOUNDARY OF SAID LOT 15, 30.00 FEET TO THE POINT OF BEGINNING. SECTION 28 , TOWNSHIP 28 SOUTH, RANGE 16 EAST PINELLAS COUNTY. FLORIDA ANX2003-05011 LESS THE FOLLOWING: DESCRIPTION: WETLAND JURISDICTIONAL AREA A PORTION OF LOTS 6, ~. 8, 9, 10, 11, 12 AND 1.3, BLOCK 4, TOGETHER WITH A PORTION OF THE 30.00 FOOT WIDE RIGHT-OF-WA Y FOR ALLEN. A VE, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT T/-IE NORTHWEST CORNER OF LOT 8, BLOCK 4, ACKER'S SUB-DIVISION, AS RECORDED IN PLA T BOOK 30, PAGE 91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; T/-IENCE S 89"36'56" E, ALONG T/-IE NORT/-I BOUNDARY OF SAID LOT 8, A DISTANCE OF 5Z67 FEET; THENCE S 68"49'16" ~ A DISTANCE OF 94.05 FEET TO THE POINT OF BEGINNING; T/-IENCE THE FOLLOWING TWENTY ONE (21) COURSES: T/-IENCE S 80"49'22" E, A DISTANCE OF 28.06 FEET; T/-IENCE S 29"51 '24" E, A DISTANCE OF 21.06 FEET; T/-IENCE S 02"17'02" E, A DISTANCE OF 37.31 FEET; T/-IENCE S 22"45'56" E, A DISTANCE OF 21.35 FEET; T/-IENCE S 07"42'59" ~ A DISTANCE OF 23.99 FEET; T/-IENCE S 33'05'03" E, A DISTANCE OF 33.54 FEET; T/-IENCE S 86"21'06" E, A DISTANCE OF 29.69 FEET; THENCE S 0217'12" ~ A DISTANCE OF 62.75 FEET; T/-IENCE S 37"58'01" ~ A DISTANCE OF 29.07 FEET; THENCE N 86"30'27" ~ A DISTANCE OF 45.71 FEET; THENCE N 60'22'11" ~ A DISTANCE OF 22.98 FEET; THENCE N 10'"49'00" ~ A DISTANCE OF 40.18 FEET; THENCE N 03"09'35" E, A DISTANCE OF 27.49 FEET; THENCE N 24 '33'08" ~ A DISTANCE OF 28.89 FEET; THENCE N 62'27'58" ~ A DISTANCE OF 17.66 FEET; THENCE N 26"57'38" ~ A DISTANCE OF 29.26 FEET; T/-IENCE N 12"49'38" E, A DISTANCE OF 29.57 FEET; T/-IENCE N 18'51'13" ~ A DISTANCE OF 18.64 FEET; THENCE N 22"19'30" E, A DISTANCE OF 19.54 FEET; T/-IENCE N 44"18'44" E, A DISTANCE OF 15.80 FEET; T/-IENCE N 85"34'07" E, A DISTANCE OF 21.36 FEET TO THE POINT OF BEGINNING. LESS THE RIGHT-OF-WAY OF ALLEN AVENUE CONTAINING 0.38 ACRES, MORE OR LESS. . i~ I /fJ \lJ 7S 2680 2682 2652 ~ ~ MHDR 2660 2664 74 ~ ~ " 2656 2672 Zoning Map Owner Robert Hupp and Allen McMullen Site: 3080 Allen Avenue Land Use Zoning From: R/OG and P P1 (County) To: R/OG 0 Case: Property Size (Acres): R-O-W Size (Acres): PIN: Atlas Page: . R-6 ALLENAVE 2669 ANX2003-G5011 1.57 0.48 28/28/16/00036/004/0150 28/28/16/00036/004/0120 28/28/16/00036/004/0040 28/28/16/00036/004/0050 28/28/16/00036/004/0060 28/28/16/00036/004/0080 212A e e ,~"" '>-:_~ ~~-:-:' i!'l"~ ~"(~ CDB Meeting Date: -\Jrly :f5~ Case Number: LLTZ2U - 04 Agenda Item: G7------- OR/G/N4L CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER/APPLICANT: Robert Hupp and Allen McMullen. REPRESENT ATIVE: Bryan Zarlenga (Tampa Bay Engineering, Inc.) LOCATION: 3080 Allen Avenue. REQUEST: (a) Land Use Plan amendment from the Preservation Classification (P) (County) to the Residential/Office General Classification (RlOG) (City) (pending ANX2003-05011); and (b) Rezoning from the P-1, General Professional Office District (County) to the 0, Office District (City) (pending ANX2003-05011). SITE INFORMATION PROPERTY SIZE: 16,553 square feet or 0.38 acres DIMENSIONS OF PROPERTY: 120 feet wide by 230 feet deep m.o.I. PROPERTY USE: Current Use: Proposed Use: Vacant Future medical office PLAN CATEGORY: Current Category: Proposed Category: Preservation Classification (P) (County) Residential/Office General Classification (RlOG) (City) ZONING DISTRICT: Current District: Proposed District: (P-1), General Professional Offices (County) (0), Office (City) Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 1 e e $xrsfiN......... G . ' , ' ':: ~ ' '~l.]RROUNDING USES: North: Office South: Multi-family residential East: Mobile Home Park West: Single-family Residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves portions of three parcels of land, approximately 0.38 acres in area. This site constitutes a portion of a larger site, 1.95 acres, included in a companion application to annex the overall property into the City of Clearwater (Case# ANX2003-05011). The site is currently vacant and has a FLUP designation of Preservation (P) and a zoning classification of P-1, General Professional Offices (County). The applicant is requesting to amend the FLUP designation to the RJOG, Residential/Office General classification and to rezone it to the 0, Office District to develop the property in conjunction with the rest of the applicant's surrounding property. If approved, the overall site will be developed with a medical office building. A portion of the site is overgrown with invasive plant species and is polluted. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment request, review and approval by Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 4.2.1 Policy - All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. DRAFT Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 2 e tit II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential/Office General (R/OG) category, as specified in Section 2.3.3.4.2 of the Countywide Rules, is to designate areas in the County that are now used, or appropriate to be used for office and/or medium density residential uses and to recognize such areas as primarily well-suited for mixed use of an office/residential character consistent with the surrounding uses, transportation facilities and natural resource characteristics of such areas. The Residential/Office General (R/OG) category is generally appropriate to locations where it would serve as a transition from an urban activity center or more intensive non-residential use to low density residential or public/semi-public use; and in areas where the size and scale of office and residential use is appropriate to free standing office, medium density residential or a combination thereof. These areas are typically in close proximity to and served by the arterial and major thoroughfare highway network, as well as by mass transit. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] McMullen Booth Road, between S.R. 580 and Enterprise Road, is characterized by a variety of uses including office, institutional, retail, multi-family residential and commercial land use designations. Residential/Office General (R/OG) future land use is located to the north of the site, while Commercial General (CG) future land use is located farther to the north of the site. Residential High (RH) dominates the land use to the south of the property while Residential Urban (RU) land use is located to the west. The existing surrounding uses include single-family dwellings located to the west and multi- family residential dwellings located to the south while office buildings are located to the north and northwest. The proposed FLUP designation and rezoning is in character with the overall FLUP designation along this block and is compatible with surrounding uses. IV. SUFFICIENCY OF PUBLIC FACILITIES As stated earlier, the subject site is approximately 0.38 acres in area and is presently vacant. Based on a maximum permitted floor area ratio (FAR) of 0.1 in the P, Preservation category, a 1,655 square feet building could be constructed on this site. The allowable development potential in the Residential/Office General (R/OG) category is a FAR of 0.50 and could allow an 8,276 square foot building to be constructed on this site. DRAFT Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 3 e e Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table. Proposed Plan2 65 MAXIMUM POTENTIAL TRAFFIC McMullen aooth Road: HetweenS.R. 580 & Enterprise Current Road SituatiOn Maximum Daily Added Potential Trips N/ A one Maximum PM Peak Hour Added Potential Trips3 Volume of McMullen Booth Road from S.R. 580 to Enterprise Road LOS of McMullen Booth Road from S.R. 580 to Enterprise Road N/ A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of 0.3 hips per acre per day for the Preservation Future Land Use Category. 2 = Based on PPC calculations of 170 trips per acre per day for the Residential/Office General Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan N/A 67,641 0.01 67,641 8 67,706 8 64 F F F F Any increased trips will be distributed to McMullen Booth Road. The 2001 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the McMullen Booth Road from S.R. 580 to Enterprise Road a level of service (LOS) F. The increase in PM Peak trips to the surrounding roadways will be insignificant (less than 1%) in relationship to the existing capacity and will not have a negative effect on the segments level of servIce. Permitted uses in the current FLUP are not traffic generating. Offices are the only uses pennitted on the subject site due to the small size of the site and proposed zoning of Office District therefore, only office uses in the proposed FLUP that have been analyzed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's (ITE) Manual. Stand-alone residential development is not permitted by Code within the City's Office District. DRAFT Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 4 e e Medical Office Building (36.13 trips per 1000 square feet) TRAFFIC IMPACTS BASED ONIIT'E MANUAL STANDARDS Net Increase of Average Daily Tri s Proposed FLUP (R/OG; Residential Office General) 8,276 square feet 8,276 square feet Square Footage Daily Trips/ Existing FLUP Daily Trips - Proposed FLUP PM Peak Trips Net Increase of PM Peak Trips N/A 299 299 36 36 General Office Building (11. 0 1 trips per 1000 square feet) N/ A - Not Applicable Source: ITE Tri Generation Manual, 6th Ed., 1997 N/A 91 91 12 12 Based on the ITE Trip Generation Manual, the permitted uses will result in an increase in PM Peak trips to the surrounding roadways insignificant (less than 1 %) in relationship to the existing capacity. The transportation impacts associated with the proposed land use plan amendment and rezoning will be minimal and the LOS for McMullen Booth Road will not be degraded. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PST A) bus service is available along McMullen Booth Road. Water The current FLUP category does not demand any water. Under the proposed FLUP category, water demand could approach approximately 827 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current FLUP category does not produce any wastewater. Under the proposed FLUP category, sewer demand could approach approximately 662 gallons per day. The proposed land use will not negatively affect the City's current LOS for wastewater. Solid Waste The current FLUP category (Preservation) would not result in the production of any solid waste. Under the proposed FLUP category, 19 tons of solid waste could be generated per year by the proposed medical office building. The proposed land use will not negatively affect the City's current LOS for solid waste disposal. DRAFT Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 5 e e Recreation and Open Space The proposed FLUP amendment and rezoning will not impact the LOS of recreational acreage or facilities due to the non-residential land use classification. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The site is currently polluted with fecal coliform and contains invasive plant species. Staff has not noted wildlife of any kind. The Environmental Division of the City's Public Works Administration and SWFWMD do not object to development occurring on this site provided that a site plan including a wet pond with at least 35% area of littoral shelf planting must be submitted to and approved by Staff prior to the issuance of any permits. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. The location of the proposed Office District boundaries are logical and consolidates this site into the appropriate zoning district based on ownership by Robert Hupp and Allen McMullen. It will blend into the existing Office District to the north and will provide a logical buffer to the residential uses to the south and west. Office and Commercial zoning districts exist to the north and northwest. Low Medium and Medium High Density Residential zoning districts existing to the west and south, respectively. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.] The existing land use plan category and zoning district permit a floor area ratio (FAR) of 0.1 and an impervious surface ratio (ISR) of 0.20. The proposed Residential/Office General land use category and Office District is more intensive and permits a FAR of 0.50 and ISR of 0.75. The size of the subject site is 16,553 square feet, and exceeds the minimum lot area requirement of 10,000 square feet and minimum lot width requirement of 100 feet for the Office district. Therefore, the parcel meets the size requirements of the proposed District and the proposed use is permitted in the Office District. DRAFT Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 6 ~ - Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The proposed use ofthese properties is consistent with the Office zoning district regulations. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from Preservation (P) to Residential/Office General (RIO G) and a rezoning from P-l, General Professional Offices, to the 0, Office District for the subject site is requested. The subject site (0.38 acres) in combination with the greater site (1.57 acres in total see case ANX2003-05011) as a whole exceeds the minimum requirements for the proposed use of the property as office space. The neighborhood is surrounded by multi- and single-family residential dwellings to the south and west, respectively and office to the north. The proposed land use amendment and rezoning will be compatible with the existing neighborhood and will consolidate the remainder of the Robert Hupp and Allen McMullen holding (1.57 acres) into the appropriate land use category and zoning district. The proposed Residential/Office General (RIO G) Future Land Use classification and 0, Office zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: ACTIONS: 1. Land Use Plan amendment from the P, Preservation Classification (County) to the RlOG, Residential/Office General Classification (City) (pending ANX2003-05011); and 2. Rezoning from the P-l, General Professional Office District (County) to the 0, Office District (City) (pending ANX2003-05011). CONDITIONS: 1. That site plans indicating a wet pond with at least 35% area of littoral shelf planting be submitted to and approved by Staff prior to the issuance of any permits; and 2. That stonnwater calculations to be submitted to and approved by Staff prior to the issuance of any pennits. . /) Prepared by Plannmg Department staff: t (-/ Mark T. Parry, Planner DRAFT Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 7 e e Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:\Planning Department\C D B\Land Use Amendments\LUZ 2003\LUZ2003-05004 3080 Allen Avenue\LUZ2003-05004 Staff Report. doc DRAFT Staff Report - Community Development Board - July 15,2003 - Case LUZ2003-05004 Page 8 --~ Case: LUZ2003A03 -1120 Woodlawn Street e Owners/Applicants: Tampa Bay Community Development Corporation and Largo Area Housing Development Corporation. Representative: Nina Bandoni (727.712.1196) Location: 0.98-acres located on the north side of Woodlawn Street, approximately 250 feet east of Martin Luther King, Jr. Avenue. Atlas Page: 314A. Request: (a) Land Use Plan amendment from the Commercial General, CG Classification to the Residential Urban, RU Classification; and (b) Rezoning from the C, Commercial District to the LMDR, Low Medium Density Residential District. Proposed Use: Single Family dwellings. Neighborhood Association( s): Presenter: ~it:Eno, Planner. Case: LUZ200~-05004 3080 Allen Avenue. Owners/Applicants: Robert Hupp and Allen McMullen. Representative: Brian Zarlenga, Tampa Bay Engineering Group, Incorporated (edress: bzarlenga@tbegroup.com, wrk: 727.531.3505, fax: 727.539.1294; ell: 727.639.5569). Location: Three parcels totaling 0.38-acres located at the northwest comer of the Allen Avenue/McMullen Booth Road intersection, approximately 1,000 feet south of State Road 580. Atlas Page: 212A. Request: (a) Land Use Plan amendment from the P, Preservation Classification to the R/OG, Residential/Office General Classification (pending ANX2003-05001); and (b) Rezoning from the P-l, General Professional Office District (County) to the 0, Office District (City of Clearwater) (pending ANX2003-0500l). Proposed Use: Medical offices. Neighborhood Association(s): None. Presenter: Mark T. Pan)', Planner. Case: ANX2003-05011 - 3080 Allen Avenue. Owners/Applicants: Robert Hupp and Allen McMullen. Representative: Brian Zarlenga, Tampa Bay Engineering Group, Incorporated (edress: bzarlenga@tbegroup.com, wrk: 727.531.3505, fax: 727.539.1294; ell: 727.639.5569). Location: Five parcels totaling 1.95-acres located at the northwest comer of the Allen Avenue/McMullen Booth Road intersection, approximately 1,000 feet south of State Road 580. Atlas Page: 212A. Request: Almexation of 1.95-acres to the City of Clearwater to be included as part of a pending land use and zoning case (LUZ2003-05004). Proposed Use: Medical offices. Neighborhood Association(s): None. Presenter: Mark T. Parry, Planner. Development Review Committee Agenda - June 12, 2003 - Page 4 of 5 . e CITY OF CLEARWATER LONG RANGE PlANNING DEVELOPMENT REvIEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 August 11, 2003 Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 !'",~,~l'r"~ ~. RE: Lii6~~ 504- Application to Amend the Countywide Future Land Use Plan Dear. 11r. Healey: The City of Clearwater requests an amendment to the Countywide Future Land Use Plan to change P land use to RlOG and to change the zoning from P-l (County) to 0 (City) of three parcels of land totaling 0.38 acres for property located at 3080 Allen Avenue. This amendment was passed on first reading at the August 21, 2003 City Commission meeting. Attached please find all of the required information for this request. If you need any additional information, please contact me at 727-562-4558. Sincerely, /'1 .., f ""~2' /' /" '" Mark T. Parry Planner Attachments: Staff 11aps Staff RepOlis Ordinance no. 7168-03 Ordinance no. 7166-03 S:\Planning Department.[ D SlLand Use Amendments\LUZ 2003ILUZ2003-05004 3080 Allen Avenue\PPOLUZ2003-05004 PPC Transmittalltr. doc BIUAN]. AUNGST, Iv!AYOR-COMMISSIONER HoYT HAMILTON, VICE IvlAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER @ BILL]ONSON, COMMISSIONER "EQUAL EMPLOYlvlENT AND AFFIRMATIVE ACTION EMPLOYER" APPLICATION FOR C.NTYWIDE FUTURE LAND ~ PLAN AMENDMENT Please complete all the information below as accurately as possible to ensure that the application for the land use plan amendment can be processed efficiently. Processing of the application will not be started until this form has been completed. If additional space is needed, please number and attach additional sheets. I. Countywide FLUP Map Amendment Information 1. Current Countywide FLUP Designation P 2. Proposed Countywide FLUP Designation RlOG II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number LUZ2003-0S004 2. Current Local Plan Designation(s) P 3. Current Local Zoning Designation(s) POl/COUNTY RlOG o 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s) III. Site Description 1. Parcel number(s) of area(s) proposed to be amended 28/28/16/00036/004/0120 28/28/16/00036/004/0060 28/28/16/00036/004/0080 (include Section!Twp/Rng/Sub/Blk/Lot) 2. Acreage 0.38 3. Location 3080 ALLEN A VENUE VACANT N/A HUPP/MCMULLEN 4. Existing use 5. Existing density 6. Name of project (if applicable) IV. Verification of Local Action 1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map; and/or copy of local ordinance proposing/approving plan amendment authorizing request for amendment of Countywide Plan Map. V. Other Pertinent Information 1. Submittal letter from the local jurisdiction to the Executive Director requesting amendment to the Countywide FLUP. x 2. Disclosure of Interest Statement with names and addresses of the application! representative and property owner. x 3. Proposed local ordinance number and status. x 4. Staff report and local action to date. x 5. Attach local plan and zoning maps. x 6. Include proposed demarcation line for environmentally sensitive areas (if applicable). x 7. Legal description. x 8. Map clearly indicating amendment location. x 9. Plan Amendment Application. X S:\Planning Departmeni\C D B\Land Use Amendments\LUZ 200ALUZ2003-05004 3080 Allen Avenlle\PPClLUZ2003-05004 PPC FLUP APPLICATION doc e e DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER * SUBMITTING GOVERNMENT ENTITY: CITY OF CLEARWATER PPC OR CITY/TOWN CASE NUMBER: LUZ2003-05004 PROPERTY OWNERS: ROBERT HUPP AND ALLEN MCMULLEN REPRESENTATIVE: MR. BRYAN ZARLENGA TAMPA BAY ENGINEERING 380 PARK PLACE BOULEVARD SUITE 300 CLEARWATER, FLORIDA 33759 ANY OTHER PERSONS HA VING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interests: The Hogan Group Contingent: Upon Annexation, Land Use Amendment, & Rezoning of Property, and including all Site Plan/Building Permit Approvals Absolute: Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: Yes Contract is: Same as Above Contingent: Same as Above Absolute: All Parties To Contract: The Hogan Group & Robert Hupp/ Allen McMullen Name: The Hogan Group, 101 E Kennedy Blvd # 4000, Tampa, FL 33602 INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: No All Parties To Option: Name: Name: ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIGNED BY PLANNING COUNCIL STAFF S:\Planning Department\C D lJ\Lnnd Use Amendments\LUZ 2003lLUZ2003-05004 3080 Allen Avenue\PPC\LUZ2003-05004 PPC DISCLOSURE STATEMENT doc - . CITY OF CLEARWATER LONG RANGE PlANNING DEVELOPMENT REvIEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 June 2, 2003 Mr. David Healey, AICP Executi ve Director PineIlas Planning Council, Suite 850 600 Cleveland Street Clearwater, FI 33755 Mr. Brian K. Smith Director Pinellas County Planning Department 14 South Fort Harrison Avenue, Suite 2000 Clearwater, FI 33756 Captain Michael Touchton Strategic Planning Pinellas County Sheriff's Office P.O. Drawer 2500 Largo, FI 33779 ~;.:'~:i";~ ~"~' r~ ~:,,:.;:~ l:.....ioiI UK: t.,ll f~~-1!.~ ~ Re: Notice of Voluntary Annexations (ITEMS NO.: ANX2003-05010; & l\NX2883- 05011) Dear Mr. Healey, Mr. Smith & Captain Touchton: Pursuant to Section 6(2) of the County Ordinance No. 00-63, the City of Clearwater is hereby notifying the Pinellas Planning Council of its receipt of two (2) new applications for voluntary annexations of real properties located at 1856 East Drive and 3080 Allen Avenue, respectively, into its jUl1sdiction. The subject properties are located within the City of Clearwater Planning Area and upon the annexation will be served by City of Clearwater sanitary sewer service. The proposed annexations are consistent with Florida law regarding municipal annexations through their adjacency with existing city boundaries and are compact in concentration. The proposed annexation at 3080 Allen Avenue has a Future Land Use Plan amendment (LUZ2003-05004) involved with it. A warranty deed including the legal description, survey site plan and maps associated with these properties are enclosed. BRIAN]. AUNGST, MAYOR-COMMISSIONER HoYT HAvlILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, CO;,IMISSIONER FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRHHIVE ACTION EMPLOYER" e -- June 2, 2003 Healey, Smith & Touchton - Page Two The following schedule has been tentatively established for the review of these applications by various City boards. Should any of the following meeting times and/or locations change you will be contacted immediately. 7/15/03 Community Development Board, meeting starts at 2:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola A venue 8/21/03 City Commission (first reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue 9/4/03 City Commission (second reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola A venue Your early response will be greatly appreciated. Please do not hesitate to contact me at (727) 562-4553, should you require additional information. Sincerely, ~~ Marc A. Mariano Planner CC: Gina Clayton, Long Range Planner Supervisor Leslie Dougall-Sides, Assistant City Attorney Michael Quillen, City Engineer Directory Art Kader, Assistant Park and Recreation Directory S:\Planning Departmen^C D B\Annexations\ANX - 2003\2003 PPC Notifications\Annexation Ltr to PPC - June DRC(ANX2003-05010; 05011 ).doc . e CITY OF CLEARWATER PIANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REvIEW Mr. Brian Zarlenga Tampa Bay Engineering 380 Park Place Boulevard Suite 300 Clearwater, Florida 33759 \. \ r-.:_<) )'r'0vl' \' I - \' ~-- u 1 May 16, 2003 RE: Application for ~'la@o*NX2003-05011) approval to permit a site, totaling 1.95 acres, into the cifL~~"ter located at 3080 Allen A venue and Land Use/Zoning amendment (LUZ2QQ.;?-Oj004) to change Preservation (P) land use to Residential/Office General (R/OG) and to change the zoning from Professional General Offices (P-l) (County) to Office (0) (City) of two parcels of land within the above mention site totaling 0.38 acres. Dear Mr. Zarlenga: The Planning Department has reviewed your application for the Annexation (ANX2003-05011) and Land Use/Zoning amendment (LUZ2003-05004) for the site at 3080 Allen Avenue. After a preliminary review, staff determined that the application is complete pending the receipt of the following by Tuesday, May 20,2003. Annexation application: 1. The telephone number provided for Tampa Bay Engineering is incorrect. This needs to be corrected; and 2. Remove all reference to zoning category R-3. Land Use/Zoning amendment applications: 1. The telephone number provided for TBE is incorrect. This needs to be corrected; 2. Remove all reference to zoning category R-3; 3. Provide the land area for the portion of that site which is the subject of the land use and zoning amendment; 4. Provide the address of the site (3080 Allen A venue); 5. Provide a legal description for that portion of the site which is the subject of the land use and zoning amendment; 6. Provide parcel numbers for that p011ion of the site which is the subject of the land use and zoning amendment; BRIAN J AUNGST, MAYOR-COMMISSIONER HoYT !-'[AMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER @ BILL}ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND NFIRMATNE ACTION EMPLOYER" May 16, 2003 Zarlenga - Page Two e - 7. Provide existing/proposed zoning and land use for that portion of the site which is the subject of the land use and zoning amendment- Existing Future Land Use should be P (Preservation) and Proposed Future Land Use should be R/OG (residential/Office General). The existing Zoning should be P-l (General Professional Office) and proposed Zoning should be 0 (Office); and 8. Provide evidence from the City and the SWFWMD that the elimination of that portion of the site currently designated as Preservation Land Use classification is acceptable. The application has been entered into the Department's filing system and assigned the case numbers: ANX 2002-11022 and LUZ2003-05004. The following schedule has been tentatively established for the review of your application by various City boards. These meetings are necessary in order to process your request appropriately. The attendance by you or your client is required at the Development Review Committee and Community Development Board meetings. Should any of the following meeting times and/or locations change you will be contacted immediately. 6/12/03 7/15/03 8/21/03 9/4/03 Development Review Committee, time to be determined (Please call Sherrie Nicodemus at 727.562.4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed.); in the Planning Department conference room - Room 216 - on the second floor of the municipal service building, 100 South Myrtle A venue in Clearwater. The case will be forwarded to the Community Development Board when it is deemed sufficient. Community Development Board, meeting starts at 2:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue City Commission (first reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola A venue City Commission (second reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola A venue For the Land Use and Zoning amendment portion only: 9/17/03 10/7/03 Pinellas Planning Council, meeting starts at 9:00 a.m. in the Board of County Commissioners Assembly Room on the 5th Floor of the Pinellas County Courthouse at 315 Court Street. Countywide Planning Authority, meeting starts at 6:30 p.m. in the Board of County Commissioners Assembly Room on the 5th Floor of the Pinellas County Courthouse at 315 Court Street. e e May 16, 2003 Zarlenga - Page Three If yo.u have any questio.ns, please do. no.t hesitate to. co.ntact me at 727 -562-4558. SincerelvYo.urs~__ /2//-';- oj' Y Mark T. Parry Planner S:\Planning Department\C D B\Annexations\ANX - 200MNX2003-05011 Hupp McMullen 3080 Allen Avenue\ANX2003-05011 and LU22003-05004 complete ItT.doc e . f A.f ~. -11 f\~' ll'-;'_'~ t ,,It.i ,:.~' ~'" -1 ;,: :;,:~ Case #: l ui.Ta7~-~~5c90 if r Sign Posting Acknowledgement I hereby acknowledge receiving a notification sign to post on the property I own and/or represent that is undergoing either an annexation, land use plan amendment and/or rezoning, and will post the sign on the subject property so that it is readable from the most significant adjacent road a minimum of 15 days before the Public Hearing. bil-l At...) 2AI2-U5;J (~j A. Print Name (9 112-)03 Date / ./ ""~) .'^:/-~~.~, ..,." ,/ "'-. >":~~~" ~,---.". ./ ~ " --)-;--.., I i /"; .' SigqName 1/ I /_..- .,--~ .-\/ // } f " I ..,."" '7 . I .:;. v-J, Public Hearing Date - CDB: / Posting Date - No Later Than: f ->, 0' );;7. ['I'} '7 v.) CC: Q<7 ?' -,..,,-> () ".f;...... l ~ V 1J.,;;.O? CC: i;f. U. ..7-\ ... I {' v l - ". ') ~! -.'" /l~ ("I) () .~....'../ v.l ~ Crisscross Center Co 2729 SR 580 Clearwater FL 33761 - Venis, Monte D 2737 State Road 580 Clearwater FL 33761 - 3343 Miskove, William F 2720 Daniel St Clearwater FL 33761 - 3308 Duncan Venture lnc 2745 SR 580 Clearwater FL 33761 - Countryside Colonial House lnc 2759 SR 580 STE 213 Clearwater FL 33761 - Creative World School lnc 13315 Orange Grove Dr Tampa FL 33618 - 2915 Duncan Venture lnc 2745 SR 580 Clearwater FL 33761 - Rogers, Philip W Rogers, Linda A 1754 Arabian Ln Palm Harbor FL 34685 - Rogers, Philip W Rogers, Linda A 1754 Arabian Ln Palm Harbor FL 34685 - Rogers, Philip W Mc Mullen, Allen M Jr 1754 Arabian Ln Palm Harbor FL 34685 - 3346 ..a':'" . -- E-' " Venis, Monte ....,'- ...... '. Venis, Monte D 2737 State Road 58! 'L'.. '. 2737 State Road 580 Clearwater FL 33761 - 3343 Clearwater FL 33761 - 3343 Coppola, Dominic R 2734 Daniel St Clearwater FL 33761 - 3308 Wymore, Larry D 2730 Daniel St Clearwater FL 33761 - 3308 Miskove, William F Miskove, Margaret E 2720 Daniel St Clearwater FL 33761 - 3308 M K Real Estate Investment Co c/o Laplante Agency 2715 State Rd 580 Clearwater FL 33761 - 3343 Yang, Huijun Tao, Liwen 3020 Key Harbor Dr Safety Harbor FL 34695 - Countryside Colonial House lnc c/o Burley, Craig 2759 SR 580 STE 113 Clearwater FL 33761 - Doerner, J Timothy Doerner, Leanne 1646 Lago Vista Blvd Palm Harbor FL 34685 - 3353 7 -Eleven lnc c/o Cityplace Ctr E 2711 N Haskell Ave Dallas TX 75204 - Yang, Huijun Tao, Liwen 3020 Key Harbor Dr Safety Harbor FL 34695 - Yang, Huijun Tao, Liwen 3020 Key Harbor Dr Safety Harbor FL 34695 - Duncan Venture lnc 2745 SR 580 Clearwater FL 33761 - Rowe, Betty S 2745 Daniel St Clearwater FL 33761 - 3323 Vogel Family Properties 386 Belle Point Dr St Pete Beach FL 33706 - Vogel Family Properties Ltd 386 Belle Point Dr St Pete Beach FL 33706 - 2617 De Fosses, Theodore W De Fosses, Sandra L 3060 Allen Ave Clearwater FL 33761 - 3301 Pinellas County 315 Court St Clearwater FL 33756 - 5165 Rogers, Philip W Me Mullen, Allen M Jr 1754 Arabian Ln Palm Harbor FL 34685 - 3346 Hupp, Robert R 104 Klosterman Rd Palm Harbor FL 34683 - 1025 Hupp, Robert R Mc Mullen, Allen M Jr 104 Klosterman Rd Palm Harbor FL 34683 - 1025 Fancher, Doris F 3070 Allen Ave Clearwater FL 33761 - 3301 Countryside Joint Venture c/o City Natl Bank FL TRE Trust # 2401-0941-00 POBox 025611 Miami FL 33102 - 5611 Tomorrow's Child Pinellas c/o Robinson, Mark 2669 Mcmullen Booth Rd Clearwater FL 33761 - 4028 - . Hupp, Robert R . 104 Klosterman Rd Palm Harbor FL 34683 - 1025 De Fosses, Theodore W De Fosses, Sandra L 3060 Allen Ave Clearwater FL 33761 - 3301 Leisure Assoc Ltd Ptnersp 31550 Northwestern Hwy STE 200 Fanningtn HIs MI 48334 - 2532 TBE Group, Inc. 380 Park Place Blvd, Ste 300 Clearwater, FL 33759 e Rogers, Philip W Mc Mullen, Allen 1754 Arabian Ln Palm Harbor FL 34685 - 3346 Mc Elroy, Ted A Mc Elroy, Jillaine B 3050 Allen Ave Clearwater FL 33761 - 3301 St Petersburg, City of POBox 2842 St Petersburg FL 33731 - 2842 Robert Hupp Allen McMullen 3090 Charles Ave. Clearwater, FL 33761