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LUZ2003-08006 . Crf'~- ~)I~" CLI4!l-:tWATER APPLICA TIOi \ .FOli ZONING ATLAS AMENDMENT PLANNING SERVICES MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: ----r;ee. 10 e 5 @ D r-\.A.' \ c( MAILING ADDRESS:? I ea-s'CL PHONE NUMBER: PROPERTY OWNERS: (List all owners) AGENT NAME: MAILING ADDRESS: FAX NUMBER: SCL,dh3~t-e. T'D-(k I lv1c . ke\-1 h l_o-VI e So 3oC. fc +"'-- st . Sct.{e~'j {fL'l1' b ~ ~ t . 34 b 95 -r 21- 5 l CJ -2-826 N. ~r cd{ .~ NUMBER: PHONE NUMBER: 727 - 723 ~ cO ~ V SITE INFORMATION: I , LOCATION: ScNqh ~i&W\A_; d Rd.., 4CO +",-T 2525 ~\A~\C{ ~l. Cl6 p.ef LLi+ac.kcl 5v.-'rI.l~j PARCEL NUMBER: 1'0,/2.31 f fc Ie OCCCl/440 /041 C 1 o ( (\~,) (- 2 (lo~lo>\l> M'DR lbC30) PjOC:r i RU 3.35 STREET ADDRESS: LEGAL DESCRIPTION: EXISTING ZONING: PROPOSED ZONING: LAND USE PLAN CLASSIFICATION: SIZE OF SITE: REASON FOR REQUEST: \<'\l~t ot LLSl9 (9/29/1 h / e C3S3/ CG30 I I To n,z 0".' e.. --PoT IN 0... r C{ VJ ',+h nvLt. \ +i - ~l \1 F"'~ec~' PLANNING g. DEVELOPMENT SERVICES Page 1 of 2 C'TY OF CLEARWATER , CITY OF CLEA_N ATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: ~e<2- -r;;rS Q J),-~ '\d. MAILING ADDRESS: 'Ple-CL-5 e LL$-e. ~+ _ D;lr PHONE NUMBER: 127- 7.L 3 - 003 S ~ NUMBER: PROPERTY OWNERS: ~ l.L--A :J ct~ e. -PGl/lr k. I In c . SITE INFORMATION: (' 7J I LOCATION: ~-\h $j~ m-' 1)~cl 'Nt. :2S25 bru.,\cl l?4. d5 C\;tto.che at feN" 5~V0:) i6/2qjt 0/oCCOO/44Dlo4( D r 0' , f 3.35 ZONING CLASSIFICATION: PRESENT (List all owners) AGENT NAME: MAILING ADDRESS: PHONE NUMBER: STREET ADDRESS: LEGAL DESCRIPTION: PARCEL NUMBER: SIZE OF SITE: FUTURE LAND USE CLASSIFICATION: -,2"7 - 5~ e - 2-BIl-~ Vi\+~ ~\J\jes ~ G .FT oCC let" S+. N. >>'7 Sccfd'j u-\\ '721- 723 - cc 38 p;tsj( NUMBER: ,f-\ax~ rr.. 84 h95 '12,- 5ro", 282.8 400 ~+ we.c;-fof l~S t9 f /6/29/ (k, /80 ?J53/ (JOO /0030 PRESENT: RhCl: t Rll o + C2 (\1 / A I REQUESTED: REQUESTED: RL M + f> MD P-- -LP PROPOSED TEXT AMENDMENT: (use additional paper if necessary) as identification. ; : SFP I 6 ~': ' i" '- Signature of property owner or representaUv~..- . Notary pliblic, I PL.\NNiNG 8 ~~EVELOI.)~,/~y commission expires: ~:E~-:\ijCE~~ ........i-,--.. ... ,---.;; C ......,'C __ CITY OF CLEAR_ER APF!rCATION FOR ZONING ATLAS AMENDMENT PLANNING DEPARTMENT MUNIClP AL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: Tree Tops at Druid MAILING ADDRESS: Please use agent PHONE NUMBER: FAX NUMBER: PROPERTY OWNERS: Southgate Park, Inc. (List all owners) AGENT NAME: Todd P -to N., #300, Clearwater, FL 33761 PHONE NUMBER: FAX NUMBER: 727-669-8114 SITE INFORMATION: LOCATION: 18/29/16/00000/440/0410 & 18/29/16/80353/0030 .Rolle assIgned "2. J1 !' nr.....\. ~ Sc,,,, \-\... s:~... . '- Ore.., ~ (~I <.too "-,,, t,,-.(,S.\ tI' V\~ \ q EXISTING ZONING: 0 0030 PROPOSED ZONING: LAND USE PLAN CLASSIFICATION: as per attached as noted above r~\ J:-O' 0410 is to be annexed I to the City) MDR (0030): R/OG ll"'~ ~lA 1.~.4) SIZE OF SITE: :;1--= 0 "2 1 anrl , . ~2 c,L:LeS REASON FOR REQUEST: To move forward with multi-family proj eet I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. f' STATE OF FLORIDA, COUNTY OF PINELLAS '" . Sworn l' and subscribed before me this ,:"5, day of '-{.(..- ~ , A.D., ).8' ~t..'I.'"3 to me and/or by ( , who is personally known has produced 1);-, .; (>.i~ L Ie. e nC'{ {' . as identification. ~L~~ f~C~ -1~i;~'~~;;;~;\" ~ ::~~--~Ij.;m L (;.1. to:> ~ 0 ~OO~ / ---' PL\I: . ___.i..:_~t ~ ".~-.~J ---..._----~ . .. ~ITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING HEP ARTMENT MUNICIPAL SERVICES BUILDING,. 100 SOUTH MYRTI~E A VENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 . APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: I(f.\.l-~ ~W ll..,S (\ \ ~ \ r \ \ \ LLL AGENT NAME: ~ L L .L~!1H1an - ~ \0 0. y-i ($).t\(..l()\ .:r::.nuQ,~",\"~ t"'o-k" MAILING ADDRESS: """"-T.,.. u..,. ILl':::lllWOY .LJ, ..., "TT,J2R." ~J.'-LL.L"LL~__. ~- ':>3761 S,",O ''''''~}J/S\( n ........ So. ,(t),,,,, \.\-., (" l-1 c:l (", 1==- L. FAX NUMBER: ~~. uo~-tH 14 . l.~ '1'" -:}1:~ .oa~~ ~".) \$ o SITE INFORMATION: ~~ "I'~c.. e C. (}r-i6 t~ L ATION: 18/29/16/00000/440/0410 & 18/29/16/80353/000/0030 ~o ~>,. ....,(!~ c!!J.+ wS 1-, I 151- ,5 '{)rl,,\ \' ~ t ~ APPLICANT NAME: Tree Tops at Druid MAILING ADDRESS: Please use agent PHONE NUMBER: 727-726-8683 PROPERTY OWNERS: Southqate Park, Inc. (List all owners) PHONE NUMBER: HT 1:"'~ ~)ud..J none assigned LEGAL DESCRIPTION: as attached FAX NUMBER: 727-669-8114 PARCEL NUMBER: as ~'s "S.~ (0410 is to be annexerk'into m~:-,~ R/OG I II, ~ PRESENT: ,. - ..,. I\.~ 0030 ZONING CLASSIFICATION: PRESENT 0 -+ (.,.l. )J fA. I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my/(our) knowledge. 0--.CJ ' (l ./D .~ /.-');//,;/ CY--rlt.JbL.-~,?, /---, ..$/~Of property owner or representative Si9"1",, of p"perty ~rte' " ,ep,eflft E COP Y SIZE OF SITE: ,-2. 33 1 aud . q.t tiLL eS FUTURE LAND USE CLASSIFICATION: PROPOSEDTEXTAMENDMEN~ (use additional paper if necessary) the City) REQUESTED: 11l. _~I( ~ It Lt11 REQUESTED: MDR r' // . STATE OF FLORIDA, COUNTY OF PINELLAS /.' .' Sworn to and,subscribed before me this 3~ d. ay of \ [ <' ,(.~-' A. D. J9 ule- r3 to me b I -Jwhfj '~ln r<e Q'"' / p~rsona"y known has prod ,......... ...~.Ul\!l~, n !i b'-'VeY5 1~/ce' e.asjdehfificatibn. Ii II i ;.:. ",'. ~.,,- , .... ., .. . .Am3ri2, ~,2001 1_::.~1:~~')~;l~~,$'cr :Uh .:: c::> C), :J () I, .. '= "t,,,(..<,,~ ( <~L.. Notary public, my commission expires: Rug 20 03 10:26a LOU... Love, P.R. 72_.4 F.2 ,\ AGREEMENT FOR SALE AND PURCHAS~PROPERTY Trus Ageeement tor Sale aM Pucehase 0' proPU(O~Yeen, SOUTH GATE PARK, INC., a Florida corporation,_2035 Croydon Drive. Clearwaler, FL 33764-4719 ("Seller"): GLOBAL FINANCIAL INVESTMENTS, LlC a Nevada limited liability company 2519 McMullen Booth Rd Sle 510-269 and SAMTER CONSTRUCT/ON,INe., a Florida Corporation and/orils assigns, ("Buyer"), (Seller and Buyer are referred to collectively herein as "Parties") and; lOUANNE S. LOVE. P.A., a Florida professional association, 578 Vine Avenue, Dunedin, FL 3469B ("Escrow Agenn, WHEREAS. Sell.er is the owner of certain property as hereinafter described: and, WHEREAS, Buyer desires 10 purchase the property for development as eight (8) single family lownhomes ("Buyer's Inlended Use"). WITNESSETH: 1. AGREEMENT TO SELL AND CONVEY. Seller hereby agrees to sell and convey to Buyer and Buyer hereby agrees 10 purchase from Seller, subject to Ihe terms and conditions hereinafter set forth. all that certain parcel of land consisting of 8 unHs mare or less (including any buildings and improvements) localed in Pinellas County, Florida being more particularly described on Exhibit "A" attached hereto and incorporated herein, together with the following: a, All and singular the rrgllts and appurtenances pertaining therelo, including any rfght, litle and interest of Seller in and to adjacent streets, roads, alleys, and righI-of -way; and b. Such olher assignable rights. interests, and properties as may be specified in this Agreement. The land shown on Exhibil "A", and the rights, interest, and other properties described above, are collectively calted the "Property", At Buyer's option, title shaff be conveyed by use of the metes and bounds descriprion to be obtained as a result of any survey performed pursuant to Section 4.b below. The "Effective Dale" of this Agreement is tile date on which the lasl of the parties sign the Agreemenl. 2. PURCHASE PRICE. The purchase price ("Purchase Price") to be paid for the Property shall be One Hundred Fifty-Five Thousand Dollars ($155,000.00). The Purchase Price shall be paid by Buyer to Seller as follows: $5,000 Dollars earnest money deposit to be delivered to and held by Escrow Agenl within tive (5) business days after Ihe Effective Date. All earnest monies deposited hereunder, together wilh all inleresl accrued thereon, shall be collectively referred to as the "Deposit". $5,000 Dollars earnest money deposit shall be delivered to and held by Escrow Agent prior to the expiration of the Inspection Period. $145,000 Dollars representing lhe balance of the Purchase Price, subject 10 adjustments for prorations and closing costs as specified herein, shall be paid in cash, by cashier's check payable to the order of Seller or wired federal funds immediately available 10 Seiter, or as Seller shall otherwise designate in writing prior to Closing (as hereinafter defined). All funds held in escrow shall be placed in an interest-bearing account interest accruing to the benefit of Buyer and applied rowards the PurCha 2 PLAti -----_._,~- -----.---.------ -._.--- ...- o ( . ci i:r20E-It>t>-L2L tlS3 'aaO;) ;) l dSI:vO EO S2 L./nC Rug 20 03 10:26a LOU... Love, P.R. 72_.4 p.3 Buyer is in default hereunder, in which evenl the interest shall be forfeited to Seller. 3 . ACCEPTANCE. This Agreement shall have no force and effect whatsoever unless both of the Parties execule this Agreement on or before 5:00 P. M., on May 23,2003. 4. TITLE. Seller has the legal capacity to and snail convey marketable tille to the Property by general warranty deed, free of liens, easements, and encumbrances of record or known to Seller, llut subject to property taxes for the year of closing, covenants, restrictions, and pUblic utility easements of record; provided there exists at Closing no violation of the foregoing and nOne of them prevents Buyer's intended use of the Property. a. Evidence of Title. Seller shall, at Seller's expense and within thirty (30) days following the Effective Date deliver to Buyer a title insurance commitment from a Florida licensed tille insurer and, upon Buyer recording the deed, an AL TA owner's policy in the amount of lhe Purchase Price for fee Simple title subject only to exceptions stated above. Buyer shall, within thirty (30) days from receipt of the commitment, deliver written notice to Seller ot title defects. Title shall be deemed acceptable to Buyer if (i) Buyer fails to deliver proper notice to Sellec or lille defects; or (Ii) Buyer delivers proper notice and Seller cures the defects within thirty (30) days from receipt of the notice CCurative Period"). If Seller reasonably believes any defect cannot be cured within the Curative Period. Seller may elect not to cure such defects by delivery of wrillen notice of such election to Buyer, H the defects are not cured within the Curative Period, Buyer shall have ten (10) days from receipt of notice of Seller's inability or election not to cure the defects to elecl whether to terminate this Contracl or accepl title subject to existing defects and close the transaction. b. Survey. Seller shall, within ten (10) days from Effective Date, deliver to Buyer copies of any documents including but not limiled to environmental reports, soil tests, appraisals, surveys, plans, specrfications, and engineering documents, if any, prepared for Seller or in Seller's possession, relating to the property. The Buyer may, at Buyer's election and expense and within the time period allowed to deliver and examine litre evidence, obtain a currenl certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the Property or that the improvements encroach on the lands of another, such encroachments shall constitute a title defect to be cured within the Curative Period. 5. CLOSING DATE AND PROCEDURE. This transaction shall be closed in Pinellas County, Florida or at such other place as the Parties may agree no later than twenty (20) business days from receipl by Buyer of all necessary permits and inspections necessary for Buyer's Intended Use, including but not limited lo legal notice of Final and unappealable rezoning and land use {"Closing'} as per Exhibit B. If an institutional lender is providing all or part of the Purchase Price, fender requiremenls as 10 place, time of day, and closing procedures shall control over any contrary provisions in this Contract. Notwithstanding anything herein, this transaction shall be clOSed on or before January 30,2004, the .Outside Closing Date". a. Costs. Buyer shall pay any recording fees on notes, mortgages and financing statements and recording fees for the deed. Seller shall pay taxes on the deed, [he cost of a title insurance policy and recording fees for documents needed to cure liUe defects. b. Taxes, Assessments, and Prorations. The following items shall be made current and prorated as of the Closing Date: real estate taxes, bond and assessment paymenls assumed by BUyer. If the amount of taxes and assessments for the current year call not be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Sellcr is aware of the following assessmenls affecting or potentially affecting the Property: . At ClOSing, Buyer shall be 3 L L . J to-20E- Hi>--i.2L OS3 .HaO:) :) [' QSl:vo EO S2 un(' Rug 20 03 10:26a LOU... Love, P.R. 727..4 p.4 responsible fOf" all assessments or any k.ind which become due and owing on or after Effective Dale, unless the improvement is substantially completed as of the Closing Date, in which case Seller shall be obligated to pay the entire assessment. C. Extensions of Closing Date. Buyer shall have the right to extend the Outside Closing Date for two (2) periods of thirty (3D) days each upon prior written notice to Seller and deliver to Seller Five Thousand Dollar ($5,000) Extension Fee for each extension exercised which shall be deemed non-refundable along with art preceding eamesl money deposits but applicable to the Purchase Price. 6. ESCROW. a. Duties. Buyer and Seller authorize Escrow Agent to act as escrow agent to receive funds and other items and, subjecllo written instructions. disburse them in accordance with the terms of this Agreement. Escrow Agenl will deposit all funds and other items received as provided in Paragraph 2 above. b. Disputes. If Escrow Agent receives conflicting demands aT has a good faith doubt as to Escrow Agent's duties or liabilities under this Agreement, he/she may (a) hold the subject maller of the escrow until the parties mutually agree to ils diSbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the escrow; or (b) deposit the subiect matter of the escrow with the clerk or the circuit court having iurisdiction over the dispute. Upon notifying the parties of such action, Escrow Agent shall be released from aU liability except for the duty 10 account. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or interpleads the subject matter of the escrow, Escrow Agent shall recover reasonable allorney's fees and costs, which fees and costs are [0 be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor of the prevailing party. c. Limitation on liability. Escrow Agent assumes no liability under this Agreement except that of a stakehotder. The parties agree that Escrow Agent shall not be liable to any person for misdelivery to Buyer or Seller of escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of the Agreement or gross negfigence. 7. INSPECTION PERIOD; APPROVAL PERIOD. a. Inspection Period. Buyer may, at Buyer's expense and at any time and from time to lime within Sixty (60) days from the Effective Dale ("Inspection Period-), conduct inspections, tests and investigations of the Property including all buildings located thereon as Buyer deems necessary to determine suitability for Buyer's intended use. in Buyer's sole discretion. Seller shall grant reasonable access to the Properly to Buyer, its agents, contractors, and assigns for the purpose of conducting the inspections; provided, however, that all such persons enter the Property and conduct inspection at their own risk. b. Indemnity. Buyer shall indemnify, defend and hold Seller harmless from and against any and all claim, liability, costs, expense or damages with respect to any entry, inspection, tests, studies, and/or other activities <Xlnducted by or at the request of Buyer and/or Buyer's agents or employees. Buyer shall. in a timely manner. pay in full the C()st of all inSpe.;;tions, investigations, and inquiries of any kind, so that no person or entity shall have the right to file any lien against the Property. In the event any lien is flied, Buyer shall immedialely bond that fien off the Property. Buyer's obligations under this paragraph shall survive the closing 4 21 . d v20E-Tvi>-Lc.L bS3 '880J J r dLI:i>O EO S2 unr Au~ 20 03 10:27a -'~n c:::. U;,j U4: ll:3p Lou....~:.. Love, __~' ESQ P. A. 727.2,i5.4 72 . ~024 p.5 p_13 andior Ihe termination of this Agreement. notwithstanding any term or provisions hereof to Ihe contrary. c. Termination. Buyer may terminate Ihis Agreement by written notice to Seller prior 10 expiration of the Inspection Period, and the Deposit shaH be returned to the Buyer along with accrued interest thereon. If this Agreement is not terminated during the Inspection Period, the Deposit shall be deemed non-refundable except in the case of i) Seller's default or b) failure to obtain Permits (as hereinafter defined). If this transaction does not close for any reason olher than Seller's default. Buyer shall. at Buyer's expense, repair all damage to lhe Property resulling from the inspections and return the Property to its present condition to lhe extent reasonably possible. Whereby, Buyer shall provide a copy of all documents, surveys. applications, engineering, site plans, soil borings, etc. that the Buyer possesses and/or has caused 10 be performed on the subject Property to Seller for Seller's future use, whereby all parties shall be relieved of any further obligation to the other. d. Permit Period. Upon expiration of the Inspection Period, Buyer shall be deemed 10 have waived all conditions 10 Closing other than the obtaining of al1 governmental approvals and permits as may be required for Buyer's Intended Use ("PermitsM). The Parties acknowledge that Buyer will be required to obtain a land use change and rezoning of the Property prior to obtaining final and unappealable Permits. Buyer agrees to diligently pursue such permits and approvals in accordance with the estimated lime schedule Exhibit e, and, where feasible, shall initiate the approval process during the Inspection Period. Seller agrees 10 cooperate with Buyer upon request and, if required, to join in applications for Permits, including especi<llly land use change and rezoning applications. Buyer may execute any and all applications for Permits on Seller's behalf as Seller.s agent unless lhe actual signature of Seller is required. Buyer shall notify Seller prior 10 Buyers' execution of any and all applications. e. Signage. Seller acknowledges that Buyer's intended use of the Property, as a residential developmenl requires marketing. Therefore, Buyer may erect a sign on the Property anytime after the Inspection Period. 8. OPERATION OF PROPERTY DURING AGREEMENT PERIOD; RISK OF LOSS. From and after the Effective Dale Seller shall continue to operate the Property and any business conduc!ed on the Properly in lhe manner operated prior thereto and shall take no action which would adversely impact the Property and/or its tenants, lenders, or businesses, if any. Buyer shall not make any changes, such as renting vacant space, which materially affect the Property or Buyer's intended use of the Property without Buyer's prior written consent. If the Property is damaged by casualty before Closing, Seller shall be entitled to retain aU insurance proceeds with regard to such loss; provided, however. that Seller shall have no obligation to rebuild or repair such Property, but Buyer shalf receive a reduction in, or offset against. the Purchase Price in an amount equal to any such proceeds. Buyer may, on the day prior to Closing or any other time mutually agreeable to the parties, conduct a final "walk through" inspection of the Properly to determine compliance with this Paragraph 8 and 10 ensure thaI all tangible property covered by this Agreemenl is present on the Property. 9. CONDITIONS PRECEDENT. Without limiting the generality of lhe Buyer's Inspection and Approval Period righls. Closing pursuant to this Agreement is contingent upon the following items being satisfactory lo Buyer in Buyer's soJe discretion: a. All environmental inspections_ 5 Rug 20 03 10:27a , .J':ln c~ U3 04: lap LOU.iiC~. Love, .. .B, ESQ P. H. 72JAs~4 72.4~024 F.G F.14 b. All civil engineering and associated site development costs required for Buyer's intended use of the Property. c. Zoning or rezoning of the Property (as the case may be) for Buyer's intended use. d. Issuance of all final governmental approvals and permits for Buyer's proposed development of the Property. 10. DEFAULT. a. Default By Seller, In the event that Seller should fail to consummate the transaction conlemplated herein for any reason except Buyer's default, Buyer may, in addition to any other remedies available to Buyer at law: (i) enforce specific performance of this Agreement or (ii) terminate this Agreement and the Deposit shalt be immediately returned to Buyer. LL Default of Buyer. In the event that Buyer should fail to consummated the transaction contemplated herein for any reason, except defaull by Seller or the failure of Seller 10 satisfy any of the conditions 10 Buyer's obligations. as set forth in this Agreement. the Deposit shall be delivered to Seller, such sum being agreed upon as liquidated damages for the failure of Buyer to perform the duties and obligations imposed upon it by the terms and provisions of this Agreement and because 01 the difficulty, inconvenience and uncertainty of ascertaining actual damages. Seller agrees to accepl and take the Deposit as Seller's lotal damages and relief hereunder in such event. 11. A TIORNEY'S FEES, ETC. Should either party employ an attorney or attorneys to enforce any of the proviSions hereof, or 10 protect its interest in any matter arising under this Agreement, or to recover damages for the breach of this Agreement, the par1y prevailing is entitled to receive from the other party all reasonable costs, charges, and expenses, including attomey's fees, expert witness fees, appeal fees, and the cost of paraprofessionals working under the supervision of an aUorney, expended or incurred in connection therewith whether resolved by out-or-court settlement arbilration, pre-trial settlement, trial or appellate proceedings. In any action arising in any way out of this Agreement, both Buyer and Seller waive their right to demand trial by jury. 12. BROKERAGE COMMISSIONS. Seller agrees to pay DUTTEREALTY.COM ("Approved BrokerM) at Closing a real estate commission in the amount of five (5%) percent of the Purchase Price. Seller and Buyer agree to indemnify and hold harmless one another from and against any and all claims or demands with respect to any brokerage fees or agents' commissions or other compensation asserted by any person, firm, or corporation with whom lhat party has dealt in connection with this Agreement or Ihe transaction contemplated hereby other than the Approved Brokers. 13. ASSIGNABILITY. Buyer shall have the absolute right and authority to assign [n whole or in part this Agreement and all of ils rights hereunder La a related entity, and such assignee shaH be entitled to all of the rights and powers or Buyer hereunder. Upon any such assignment, such assignee shall succeed to all of the rights and obligations of Buyer hereunder and shaH for all purposes hereof be substituted as and be deemed the Buyer hereunder. No person, firm, corporation, or other entity, other than Buyer, shall have any obligation or liability hereunder as a principal, disclosed or undisclosed. or otherwise, except as otherwise herein expressly provided. 14. NOTICES. Any notice to be given or to be served upon any party hereto, in connection wiLh this Agreement, must be in writing, and may be given by either certified mail or a nationally recognized overnight delivery service such as Federal Express or Purolalor and shall be deemed to have been given and received when a letter containing such nolice, properly addressed, with postage prepaid is deposited in either the United States Mail or delivered to such overnight delivery service. Such 6 Rug 20 03 10:27a . ~~n ~~ U~ U1:1~p Lou_~. Love, W WB, ESQ P. R. 727.~4 72, ~~024 p.7 p. 15 notices shall be given to lhe Parties at the following addresses: As to SELLER: As to BUYER South Gale Park, Inc. AUn: Jim Sever 2035 Croydon Drive Clearwater, Fl 33764-4719 Global Financiallnvestmenl, lLC Altn: Keith lawes, Manager C/O 2700 Bayshore Blvd., Unit 528 Dunedin, FL 34698 With copy to: Seller or Buyer may at any time designate another address in substitution of the foregoing address to which such notice shall be given and other persons or entities to whom copies of all notices hereunder shall be sent by giving five (5) days' written notice to the other Party her'eto. Louanne S. Love, P.A. Louanne S'- Love, Esquire 578 Vine Avenue Dunedin, FL 346981 Phone 1.3 /. ~ .!;tJ() 15. ENTIRE AGREEMENT; MODIFICATION. This Agreement embodies and constitutes the entire understanding among the Parties with respect to the transaction contemplated herein. All prior or contemporaneous agreements, understandings, represenlations, and statements, oral or written, are merged into this Agreement Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged. or terminated except by written instrument signed by the party against which Ihe enforcement of such waiver, modification, amendment, discharge, or termination is soughl, and then only to the extent set forth in such instrument. Provided, however, that nothing in this Paragraph 15 shall prevent the termination of this Agreement in accordance with the terms hereof specifically providing for its termination and not requiring any separate written instrument of termination. 16. APPLICABLE LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. Venue for this Iransaction shall be deemed to be Pinellas County, F~orida . 17. NO CONFLICT OF INTEREST. Seller acknowledges that Escrow Agent is the law firm, which has represented Buyer in connection with this transaction. Seller consents to the conlinued representation of Buyer in conneclion with this Agreement. the transaction contemplated hereby, and any future mailers related to any of the foregoing. Further, Seller specifically acknowledges that no SUCh representation shall constitute a conflict of interest on the part of Escrow Agent. 18. HAZARDOUS SUBSTANCES. The term "Hazardous Substances as used in this Agreement shall include, wilhout limitation, flammables. explosives, radioactive materials, asbestos. polychlorinated bipheyfs (PCS's), chemicals known to cause cancer or reproductiVe toxicity, pollutants, contaminants, hazardous wastes. toxic substances or related matertals, petroleum and pelroleum products and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacled or promulgaled by any governmental authority. 7 Rug 20 03 10:27a . -'un 0:::;::, U~ u":cup Lou_1IiIIi. Love, .. _8, ESQ P. R. 727..4 72/~4 024 F.B P _ 16 19. RADON GAS. Radon is a naturally occurring radioactive gas thaL, when il has accumulated in a building in sufficient Quantilies, may present health risks 10 persons who are exposed to it over lime. Levers of radon that exceed federal and state guidelines have been found in bUildings in Florida. Additional information regarding'radon and radon testing may be obtained from your county public health unit. 20. CONFIDENTIALITY. The Parties agree 10 keep slricUy confidential the existence and ferms of this Agreement and thaI no information relating therelo or 10 Ihe Properly shaH be disseminaled to third parties except as required to facilitate lhe performance or Ine duties of the Parties hereunder. 211. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property as of the dale hereof which shall survive Closing notwithstanding any term or provisions hereof to the contrary: a. Seller has received no notice of any condemnation proceedings affecting the Premises. b. Seller has no knowledge of any sinkhole problems affecting the premises. c. The person executing Ihfs Agreement on behalf of the Seifer is the owner of Ihe Properly or has the demonstrable authority to bind the owner of the Property_ d. There are no contracts or other obligation!'; outstanding for thA sale, exchange or transfer of the Properly, or any portion Lhereof. e. Seller has no knowledge of hazardous subslances present on the Properly_ 23. COMPUTATION OF TIME. if the dale for performance or nolice of any act hereunder falls on a weekend or national holiday, such performance or notice shall be deemed due on the following weekday. SIGNATURES ON NEXT PAGE 8 Rug 20 03 10:28a ..J~r1 ,c;:l U..:1 U~:clf' LOU.. Love, , ESQ P.R. 727_. 727-44 024 F.S p.lS EXHIBIT "B" (Estimated Development TIme Table) 7/16/03..... .... .Development Review Commitlee Application · B/14/03..........DRC Meeting 8/18/03..........Community Development Board Agenda 9/16/03......... .COB Meeting 10/1G/03........City Commission Firsl Reading · 11/6/03........ ..City Commission Second Reading 11/19f03..... ...PPC Hearing 12/2/03.... __.. ..BCC Hearing · 12116/03.........Appeals Period · 1/15103.... .... .Permits Issued 11 Aug 20 03 lO:28a . ........., .c....J U'" u"t: ~up LOUWiIIi.. Love, .E. ESQ P.A. 727.iii4 72 r--4".'W24 to perform in accordance with the Date: 5 -.1- 9-03_ EXHIBIT "A" (See Attached) 10 F.lO p.18 Rug 20 03 10:28a . --_I' '-..J. u,:) u-,.;c::up LOU.. .. Love, P.R. B, ESQ 72~_4 7~~W3024 p. 11 p.17 IN WITNESS WHEREOF, lhe parties hereto have execu.c;> ~ment as of the day and year wrillen below. ~)\, ~ WITNESSES: BUYER: f.lPy GLOBAL FIN NCU INVESTMENT, LLC a Nevada !i ed Ii i .ty company Dale: 3;;7 /03 . WITNESSES: BUYER: P~.~41 rz)K<!k SAMTER CONSTRUCTION, INC., INC. a Florida corporation ~~-- rj1-?/13 , / Print Name: Date: WITNESSES: SELLER: ~~4xK" SOUTH GATE PARK,INC. a Florida corporation by: C"\/~ 8-Q.~ U Jim Sever Its: Vice Presidenl Print Name: Date: '-S- /;)-7 /~..3 .. / 9 I ~....-:;--~ ~I ~I ~u~ t! U.S. HIGHWAY No. 151 I ~ _w~5II:"flOII~~"5DJ~oUIG:~r ~ l\lU~T .. ~Ha~aJ.!~aUJn I .;~~ ; qj~~9. ai.~x =2 '8S .~;~x~x~~~x~x~~ i9. J::{..~:l~... ~~~x ~J: ~i:f~~II~~e~~~ i~ ._~h.qq~i!US ]C. ~a!qa5.i!:q~:. ~~ ! q!q.llq~I~~1 ~S ;iiiii3~~I~!iq II 9 aq9Aai9'iq~~ ~ aI313~X~~!Pjgi q~ ;;!xa~H .I.~5~p I; xq S q ~ 3 ~6 ~~.~~~~.~.~f8~.~ 1I'''I''i'~~~ "\ I . ... e 1111 ~~i . .. 11~~ni~i~;~ F."\ i i j'~ljlld~a ~ 'aa~, ~U ,.iII d i f~ ~'~ ~~~ JP ~IJ: i= -r~ ~r ~i :~ :: ~~l ii; ~ ::Jill ll~ ~t!'..-; i!!;c: - !. jell! !.. ~ Ac c:! .0- .. . ca.! ... .. eLl ::I t ~ It i! ;t if ~ ~ !.a! 11. I!! ~ 8; ~1 I . I . ii "l j~ ~r :. ..- Pi 0'&0 C .l _ ...-.? t! ..,.. .. Oll ......i ::I i~ j !~" ~a ',~ ! ..!...ll ~ ~!. i: J. J.. . l~. DJ 1- .. . ~!. : ~ ~!~ 4 !! ~i ~:~ l ~.:!q 'i . : 1~ = .. ~Ji ~ !: g:t !~! J l!3 &t II i II ~ 1 j 'f~ ! !-i! IJIl !"a. .~I iJ :"0 i t {a ! !! l~~ ~! ;: rio ;1. I~ ~ Q i i! !. ~ i~1 ~l -< ::. Ii: h l; i:: : l fl: ~~ D~ g,- .~:. r' D l- a l~' I: ~ f ~ i G -t i ..: ~ I :I ~ l r ". ::~ oW i'il ~... u teil i ~ a a ',!, . 3' :JO' "I'.. If; i =)'" g i 0 ~ ! ! a !~1 ~~!.o!i'! !:Ji i ':.., ICI J...~i ~. 3:1 ~; i 8 i: ; !l. 3 ~ i ~ 3 3 =. ~!. : ~ i'. ~: l ~ I!" : : ! i~; ;f . '. ~ c. ... c. i" . l" JI -=,.c "'j:l i - C G, .' - 00 o( ... 0 0... . . _ &g z' t~ !. i G 11 I , 1-; · a. ,.. r IF : mil :;' r, "~"' I' .~ ~ ~ . ~ g ~.. ~ ! 1 3 f ! Q. ~~ ii"" II g J 3 'I" :: i 1 ~ . !"I Dill ::7 1 ': ;r 0 0 !'= l ~ : ~ :l J ..~. = -; i 1It_.:. '_ ..., .; ! j D 1'j Iii i' .. ;f!"i:P~~. i: ! !H ~~ f ~ z i I ji . ~ H II ~I fJ n f (' If I Ii ". .~" 't i~~ I; U~ 1l00utoo"l. . ~RUp I U. ~ I~ II~rHi GLOBAL f"INANCIAL INVESTMENTS LtC --- ...- . . II! ~ PI 'l. :i- t .f s. 'i. r ~ f .. ....'U O' 0':11 . ..... .....0 . Z. 100' O' .... ....0I"Un"1. ICll.IlI"". lJ III ,. a. C! r-.-.- \ . . f : [~ . ~, : r . H . ~ I' .~ . I. c Z 'U .! .~ ... . . .... 'j . .... PI 0, N01"22'27"E 10l'U'Jr'- I.,.... 2:10.14' I ~ I : I wi . :J I; I' I II I I _J ~a ;1 p ~ ~ q 22 . wi g~ ~; EXHIBIT "A" ]LiJ liTh. ;;Ti<t:ET N. :iliITE / TOWNHOMES AT TREETOPS CITY O~. CLtAHWATER BNDRY, TaPO, TREE & WETLAND Ih:5De: DlUlll.:~ J AlMIlI r-..... CIIIIiQJ lII.M , J . SAFETY HARBOR, FLORIDA 33695 C!t::1"> ...n T"I~,,,,....., e- ~"'I"":....,.- '\ .\ '\ -to, "\"\ *<, 0 D:J ;0 C 0 0 c: 2 ~ c ! ;0 en > m ~ n S 0 ;:t ... " )> 0 -I 0 z 0 .... CO "a '0 .. 0 1-4 -f ZnO G) ml-4:E ~ I=:;!z ~O~ "a n"Tll-4 % On'O t-I c: r- "" n zm\l)... :;! > en -I ... ~ 0 ~ "Tl ):10 c: m r--f-f m ~~~S20 C z:E > ~ m m-l ~> ~ 2 ~ C en c: ~ m -< w . I i . --+---- I -; " o ;: '1~t2.t~b;t\"VQ...11 ..~=:....::~.~:.~ , 1/.....,......... ........... . .. ......... "",W...........M....._^ I & Associates. Inc. P~1?E'~~~l~i:iH~~:s .. .. -,--_._-~~t-"---'-"-.-~.--_. ..... "'=~~~~:w~I~~.~~'..ktt~~,~r:r~;:~' .~:~;tG'I:5.:ds';tj,~. Dtt~ te 1t1.e+~ct fh&vt the RL-~_~~_~~~~~ Mcble.~lo~'~to,~~l? ~0'~~I'th -------,-~u'--4~r'~' . _. . ..... .... . -? fZDCTfo N::lY411 . ____________.2........ Lhe,~~VV\(M1J (\!bQ..__CQ(\~~__..vJcth &"i\~{ is CmtSIS+CUJ ~~+h ....__,___._.._.H+.ctH cfher prc",tIS'\ 0)-15 of 3he_ ~re;b.ev\G'v~ y(w. ..' ._m_._.'... >_" _",~_~,___,____~__._"~",,,~_"""~"'"''_'''~''._'''.'_''' .""'~"~'-'_'_ _...._u.,_________._._.__._.._' <^,.__,'_.". ~ .'~' . . ......3,.., '1 he tA<;M CLl'1d deVelo r NIeI1l.f2(<2fsul :1 ~ ('ref c n ~~ ~ ',,,-t I1Mt .' ,-....'H \tV'cfh f2...c.-r.J. t-~,c:bik\_\~_.pev.r~-bft1L BOlL~ ~d ~~D.AI .e4<1~~ , tht. J-w,ru*a.v- ot.tk CLre..v.... ... ____~,,~_~~__.~,__~._~~_.__,,___. ...........__. . dO . -.. .. - --- - - .-- --..: '....-~~.~~_..~~:.Jc~;~~;::~~~ bt;.~~~\;lrl~::i:~~;~~.~l:;,~'- ______.__._. M_.'" ~lt e- f tOA.<\.-1 r b S-L . .._._.5,~ .l!l. ~~~%. ~fl'_bJkr\'J IVwi ;,"~\- ;s~.g.%lJci"i,cl M~_~~=.~=~::j+.wl~4e ~'k:+:'~l ~1L ~~irc~~l4-~ ~WJ'~ .~~=-C1k~-~(~;~-- ~W\~(\;t.-~L~' ~.~.A,f~~t-t, ____'"...__,.__~ ..' 'H"~ct_ cl\.t4"~o~~v J 6~+ olre f{\,2/...~t~ \faJ~..Lv\ .1t"IL-. ~ ,,,- ,,-'_.._,---._"">-,,-_.-,-~--..~-----~-._~_. ". .-.-- .. --,,-... --. (_ ,..... f . r----- "~. , ~ ~ IT3 ~ n \: I I · \';' 1 r'1 ~? . \ - i ; i \ n ..' "..' . -- .,'.. '.-'-- .... '1' I U r-'~"~""'"'''''' ! !, ~l ' i \ . .,,....~.zc . :'2fr33 I "n_',' ~.. ~\... i . ..: - ,..." .' _.--~..,---M....." ......"'5 .. -~._;.-~._-<- '- , .... ~l" PL:. . ,,"~ ._.__..,~. -.-" Rug 20 03 10:26a LOU4lte S. Love, P.R. 727 _~2034 10.2 AGREEMENT FOR SALE AND PURCHAS~PROPERTY This Ag,eement fa, Sale and Pu''''''se of pcop~,(OP~n, SOUTH GATE PARK, INC.. a Florida corporation._2035 Croydon Drive. Clearwater. FL 33764-4719 ("Seller"); GLOBAL FINANCIAL INVESTMENTS, LLC a Nevada limited liability company 2519 McMullen Booth Rd Sle 510-269 and SAMTER CONSTRUCTION, INC., a Florida Corporation and/or its assigns, ("Buyer"). (Seller and Buyer are referred to collectively herein as "Parties") and; LOUANNE S. LOVE, P.A., a Florida professional association, 578 Vine Avenue, Dunedin, FL 34698 ("Escrow Agenn. WHEREAS. SeJl.er is the owner of certain property as hereinafter described: and, WHEREAS, Buyer desires to purchase the property for development as eight (8) single family lownhomes ("Buyer's Intended Use"). WITNESSETH: 1, AGREEMENT TO SELL AND CONVEY. SeUer hereby agrees to sell and convey to Buyer and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions hereinafter set forth. all that certain parcel of land consisting of 8 units more or less (including any buildings and improvements) located in PineHas County. Florida being more particularly described on Exhibit "A" attached hereto and incorporated herein, together with the following: a. All and singular the rrghts and appurtenances pertaining therelo, including any rfght, title and interest of SeHer in and to adjacent streets, roads, alleys, and right-of -way; and b. Such olher assignable rights, inter-esls, and properties as may be specified in this Agreement. The land shown on Exhibit "An, and the righ!s, interest. and other properties described above, are collectively calted the "Property", At Buyer's option, title shal! be conveyed by use of the metes and bounds description to be obtained as a result of any survey performed pursuant 10 Section 4 ,b below, The "Effective DateH of this Agreement is the date on which the last of the parties sign the Agreement. 2. PURCHASE PRICE. The purchase price ("Purchase Price") to be paid for the Property shall be One Hundred Fifty-Five Thousand Dollars ($155,000.00). The Purchase Price shall be paid by Buyer to Seller as follows: $5,000 Dollars earnest money deposit 10 be delivered to and held by Escrow Agent within five (5) business days after the Effective Date. All earnest monies deposited hereunder. together with all interest accrued thereon, shall be collectively referred to as the "DepOSit". $5,000 Dollars earnest money deposit shall be delivered 10 and held by Escrow Agent prior to the expiration of the Inspection Period. $145,000 Dollars representing the balance of the Purchase Price. subject to adjustments for prorations and closing costs as specified herein, shall be paid in cash, by cashier's check payable to the order of Seller or wired federal funds immediately available to Seiter, or as Seller shall otherwise designate in writing prior to Closing (as hereinafter defined), o ( 'd All funds held in escrow shall be placed in an interest-bearing account as directed by Buyer, with interest accruing to the benefit of Buyer and applied towards the Purc/1ase Price at Closing, unless rn [~@ [f {i_~~JI~ i I ! II! .~UG 2 '. 2003 Ii j./I PLANNiNG & OF-' - '---, t~/' crr~ 0,: ( .' ....._..,,~. 2 ~20E-It>~-L2L tlS3 'SElO:) :J [" dsr:~o c:o S2 LAne Rug 20 03 10:26a LOU~ S. Love, P.R. 727 2034 p.3 Buyer is in defaull hereunder, in which event the interest shall be forfeited to Seller. 3. ACCEPT A NeE. This Agreement shaU have no force and effect whalsoever unless both of the Parties execute this Agreement on or before 5:00 P. M" on May 23, 2003. 4. TITLE. Seller has the legal capacity to and shall convey marketable title to the Property by general warranty deed, free of liens, easements, and encumbrances of record or known to Seller, but subject to property taxes for the year of closing, covenants, restrictions, and pUblic utility easements of record; provided there exists at Closing no violation of the foregoing and none of them prevents Buyer's intended use of~he Property. 3. Evidence or Title. Seller shall, at Seller's expense and within thirty (30) days following the Effecttve Date deliver to Buyer a title insurance commitment from a Florida licensed tille insurer and, upon Buyer recording the deed, an ALTA owner's policy in the amount of [he Purchase Price for fee Simple title subject only 10 exceptions stated above. Buyer shall, within thirty (30) days from receipt of the commilment, deliver wriUen notice to Seller ot title detects. Title shall be deemed acceptable to Buyer if (i) Buyer fails to del;ver proper notice to Sellel or tille defects; or (ii) Buyer delivers proper notice and Seller cures the defects within thirty (30) days fram receipt of the notice ("Curative Period"). If Seller reasonably believes any defect cannot be cured within the Curative Period. Seller may elect not to cure such defects by delivery of wrillen notice of such election 10 Buyer. If the defects are not cured within the Curative Period, Buyer shall have ten (10) days from receipt of notice of Seller's inability or election not to cure the defects to elect whether to terminate this Contract or accept tiUe subject to existing defects and close the transaction. b. Survey. Seller Shall, within ten (10) days from Effective Date, deliver to Buyer copies of any documents including bul not limiled to environmental reports, soil tests, appraisals, surveys, plans, specrfications, and engineering documents. if any, prepared for Seller or in Seller's possession, relating to the property. The Buyer may, at Buyer's election and expense and wlthin the time period allowed to deliver and examine title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the Property or that the improvements encroach on the lands of another, such encroachments shall constitute a tille defect to be cured within the Curative Period. 5. CLOSING DATE AND PROCEDURE. This transaction shall be closed in Pinellas County, Florida or at such other place as the Parties may agree no taler than twenty (20) business days from receipl by Buyer of all necessary permits and inspections necessary for Buyer's Intended Use, including but not limited to legal notice of final and unappealable rezoning and land use ("Closing"} as per Exhibit B. If an institutional lender is providing all or part of the Purchase Price, fender requirements as to place, time of day, and closing procedures shall control over any contrary provisions in this Conlract. Notwithstanding anything herein, this transaction shall be closeo on or before January 30,2004, the 'Outside Closing Dale", a. Costs. Buyer shaU pay any recording fees on notes, mortgages and financing statements and recording fees for the deed. Seller shall pay taxes on the deed, (he cost of a title insurance policy and recording fees for documents needed to cure title defects. b. Taxes, Assessments, and Prorations. The following items shall be made current and prorated as of the ClOsing Date: real estate taxes. bond and assessment payments assumed by Buyer. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially affecting the Property: . AI Closing, Buyer shall be 3 - - - -( L L .... t.c:OE-It.t.-L2L. OS3 'aao:) :J [' d91 :i>oO EO 5:;2 un[' Rug 20 03 10:2Sa Lou~e S. Love, P.R. 727 ,,2034 1"'.4 responsible for all assessments of any kind which become due and owing on or after Effective Dale, unless the improvement is substantially completed as of the Closing Date, in which case Seller shall be obligated to pay the entire assessment. C. Extensions of Closing D ate. Buyer shall have the right to extend the Outside Closing Date for two (2) periods of thirty (3D} days each upon prior written notice to Seller and deliver to Seller Five Thousand Dollar ($5.000) Extension Fee for each extens'on exercised which shClII be deemed non-refundable along with aft preceding eamest money deposits but applicable 10 the Purchase Price. 6. ESCROW. a. Duties. Buyer and Seller authorize Escrow Agenl to act as escrow agent to receive funds and other items and, subject to written instructions, disburse them in accordance with the terms of this Agreement. Escrow Agent will deposit all funds and other items received as provided in Paragraph 2 above. b. Disputes_ If Escrow Agent receives conflicting demands or has <J good faith doubt as to Escrow Agent's duties or liabilities under this Agreement. he/she may (a) hold the subject matter of the escrow untillhe parties mutually agree to its disbursement or until issuance of a court order or decision of arbilratordetermining the parties' rights regarding the escrow; or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon notifying the parties of such action, Escrow Agent shall be released from an liability except for the duty 10 account. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or interpleads the subject matter of the escrow, Escrow Agent shall recover reasonable aUorney's fees and costs. which fees and costs are to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor of the prevailing party. c. limitation on liability. Escrow Agent assumes no liability under this Agreement except that of a stakehotder. The parties agree that Escrow Agent shall not be liable to any person for misdelivery to Buyer or Seller of escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of the Agreement or gross negligence. 7. INSPECTION PERIOD; APPROVAL PERIOD. a. Inspection Period. Buyer may, al Buyer's expense cmd at any time and from time to lime within Sixty (60) days from the Effective Dale ("'nspection Period-). conduct inspections, tests and investigatiOns of the Property including all buildings located thereon as Buyer deems necessary to determine suitability for Buyer's intended use. in Buyer's sole discretion. Seller shan grant reasonable access to the Property to Buyer, its agents, contraclors, and assigns for the purpose of conducting the inspections; provided, however, that all such persons enter the Property and conduct inspection at their own risk. b. Indemnity. Buyer shall indemnify, defend and hold Seller harmless from and against any and all claim, liability, costs, expense or damages with respect to any entry, inspeclion. tests, studies. and/or other activities conducted by or at the request of Buyer and/or Buyer's agents or employees. Buyer shall, in a timely manner. pay in full the cosl of all inspections, investigations. and inquiries of any kind, so that no person or en lily shall have the right to file any lien again.:;1 the Property. In the event any lien is flied, Buyer shall immedialely bond that lien off the Property. Buyer's obligations under this paragraph shall survive the dosing 4 2 r -0 i;.20E-li;.i;.-l.2L tJS3 'aaOJ J r d':'I:.p.O EO S2 unr Ru~ 20 03 10:27a ~~n 0::::::::' U~ U"t:l!::ll" Lou~ S. Love, P.R. J--.cOBB, ESq 727.2034 727-441-3024 1".5 1"_13 and/or the termination of this Agreement, notwithstanding any term or provisions hereof to the contrary . c. Termination. Buyer may terminate this Agreement by written notice to SeHer prior to expiration of Ihe Inspection Period, and the Deposit shall be returned to the Buyer along with accrued interest thereon. If this Agreement is not terminated during the Inspection Period, the Deposit shall be deemed non-refundable except in the case of i) Seller's default or b) failure to obtain Permits (as hereinafter defined). If this transaction does not dose for any reason other than Seller's default. Buyer shall, at Buyer's expense, repair all damage to the Properly resulting fro m the inspections and return the Property to its present condition to the extenl reasonably possible. Whereby. Buyer shall provide a copy of all documents. surveys. applications, engineering. site plans, soil borings, etc. that the Buyer possesses and/or has caused to be performed on the subject Property to Seller for Seller's future use, whereby all parties shall be relieved of any furthet obligation to the other. d. Permit Period. Upon expiration of the Inspection Period. Buyer shall be deemed to have waived all conditions to Closing other than the obtaining of aft governmental approvals and permits as may be required for Buyer's Intended Use ("Permits>>). The Parties acknowledge that Buyer will be required to obtain a land use change and rezoning of the Property prior to obtaining final and unappealable Permits. Buyer agrees to diligently pursue such permits and approvals in accordance with the estimated lime schedule Exhibit B, and, where feasible, shall initiate the approval process during the Inspection Period. Seller agrees to cooperate with Buyer upon request and, if required, fo join rn applications for Permits. including cspeci<ll1y land use change and rezoning applications. Buyer may execute any and all applications for Permits on Seller's behalf as Seller's agent unless the actual signature of Seller is required. Buyer shall notify Seller prior to Buyers' execution of any and all applications. e. Signage. Seller acknowledges that Buyer's intended use of the Property, as a residential development requires marketing. Therefore. Buyer may erect a sign on the Property anytime after the Inspection Period. 8. OPERATION OF PROPERTY DURING AGREEMENT PERIOD; RISK OF LOSS. From and after the Effective Date SeUer shall conlinue to operate the Property and any business conducted on the Property in the manner operated prior thereto and shall take no action which would adversely impact the Property andior its tenants, lenders, or businesses. if any. Buyer sha~1 not make any changes, such as renting vacant space, which materially affect the Property or Buyer's intended use of the Property without Buyer's prior written consent. If the Property is damaged by casualty before Closing, Seller shall be entitled to retain all insurance proceeds with regard to such loss; provided, however. that Seller Sl1all have no obligation to rebuild or repair such Property, but Buyer shall receive a reduction in. or offset against. the Purchase Price in an amount equal to any such proceeds. Buyer may, on the day prior to Closing or any other time mutually agreeable to lheparties, cooduct a final "'walk through" inspection of the Property to determine compliance with this Paragraph 8 and to ensure thaI all tangible property covered by this Agreemenl is presenl on 1he Property. 9. CONDITIONS PRECEDENT. Without limiting the generality of the Buyer's Inspeclion and Approval Period rights, Closing pursuant to this Agreement is contingent upon the following items being satisfactory 10 Buyer in Buyer's sole discretion: a. All environmental inspections. 5 AUl; 20 03 10:27a ~yn c~ U~ 04:18p Lou.e S. Love, ..J COBB, ESQ P. A. 727.2034 727-441-3024 F.6 p.14 b. All civil engineering and associated site development costs required for Buyer's intended use of the Property. c. Zoning or rezoning of the Properly (as the case may be) for Buyer's intended use. d. Issuance of all final governmental approvals and pennits for Buyer's proposed development of the Property. 10. DEFAULT. a. Default By Seller, In the event that Seller should fail to consummate the transaction conlemplated herein for any reason except Buyer's default, Buyer may, in addition to any other remedies available to Buyer at law: (i) enforce specific performance of this Agreement or (ii) terminate this Agreement and the Deposit shalI be immediately returned to Buyer. b. Default of Buyer. In the event that Buyer should rail to consummated the transaction contemplated herein far any reason, except default by Seller or the failure of Seller 10 satisfy any of the condillons to Buyer's obligations. as set forth in this Agreement. the Deposit shall be delivered to SeHer, such sum being agreed upon as liquidated damages for the failure of Buyer 10 perform Ihe duties and obligations imposed upon it by the terms and provisions of this Agreement and because of the difficulty, inconvenience and uncertainty of ascertaining actual damages. Seller agrees to accept and take the Deposit as Seller's total damages and relief hereunder in such event. 11. A TIORNEY'S FEES, ETC. Should either party employ an attorney or attorneys to enforce any of the proviSions hereof. or to protect its interesl in any matter arising under this Agreement, or to recover damages for the breach of this Agreement, the party prevailing is entitled 10 receive from the other party all reasonable costs, charges, and expenses, including attorney's fees, expert witness fees, appeal fees, and the cost of paraprofessionals working under the supervision of an allorney, expended or incurred in connection therewith whether resolved by out-or-court setllement. arbitration, pre-trial settlement. trial or appellate proceedings. In any action arising in any way out of lhis Agreement, both Buyer and Seller waive their right to demand trial by jury. 12. BROKERAGE COMMISSIONS. Seller agrees to pay DUTTEREAL TY.COM ("Approved Broker") at Closing a real estate commission in the amount of live (5%) percent of the Purchase Price. Seller and Buyer agree to indemnify and hold harmless one another from and against any and all claims or demands with respect to any brokerage fees or agents' commissions 0( other compensation asserted by any person, firm, or corporation with whom that party has dealt in connection with this Agreement or the transaction conlemplated hereby other than the Approved Brokers. 13. ASSIGNABILITY. Buyer shall have the absolute right and authority to assign in whole or in part this Agreement and all of its rights hereunder to a related entity, and such assignee ShCllf be entitled to all of the rights and powers or Buyer hereunder. Upon any such assignment. such assignee shaU succeed to al/ of the rights and obligations of Buyer hereunder and shall for all purposes hereof be substituted as 3M be deemed the Buyer hereunder. No person, firm, corporation, or ather entity, other than Buyer, shall have any obligation or liability hereunder as a principal, disclosed or undisclosed, or otherwise, except as otherwise herein expressly provided. 14. NOTICES. Any notice 10 be given or to be served upon any party hereto, in connection with this Agreement. must be in writing, and may be given by either certified mail or a nationally recognized overnight delivery service such as Federal Express or PuroJa(or and shall be deemed to have been given and received when a letter containing such notice, properly addressed. with postage prepaid is deposited in either the United States Mail or delivered to such overnight delivery service. Such 6 Rug 2003 10:27a .....,..n c::'=' U~ U"t:l~p Lou.e s. Love, J COBB, ESq P.R. 727.2034 727':441-3024 p.7 p.lS notices shall be given to the Parues al the following addresses: As to SELLER: As to BUYER: South Gale Park. Inc. Ann: Jim Sever 2035 Croydon Drive Clearwater, FL 33764-4719 Global Financial Investment. LLC Altn: Keith Lawes, Manager CIO 2700 Bayshore Blvd., Unit 528 Dunedin, FL 34698 With copy 10: Louanne S. Love, P.A. Louanne S.love. Esquire 578 Vine Avenue Dunedin, FL 346981 Phone 1.3 t, ~ .!J()() Seller or Buyer may at any time designate anolher address in substitution of the foregoing address to which such notice shall be given and other persons or entities to whom copies of aU notices hereunder shall be senl by giving five (5) days' wrilten notice 10 the other Party hereto. 15. ENTIRE AGREEMENT; MODIFICATION. This Agreement embodies and conslitutes the entire understanding among the Parties with respect to the transac\ion conlemplated herein. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived. modified, amended, discharged, or terminated except by wriHeninslrument signed by the party against which the enforcement of such waiver, modification, amendment, discharge, or termination is soughl, and then only to the extenl set forth in such instrument. Provided, however, that nothing in this Paragraph 15 shall prevent the termination of Ihis Agreement in accordance with the terms hereof specifically providing for its termination and not requiring any separate written instrument of lermination. 16. APPLICABLE LAW. This Agreement shall be govemed by, and conslrued in accordance with, the laws of the Slale of Florida. Venue for this transaction shall be deemed to be Pinellas County, Fforida. 17. NO CONFLICT OF INTEREST. Seller acknowledges that Escrow Agent is the law firm. which has represented Buyer in connection with Ihis transaction. Seller consents to the continued represen.tation of Buyer in connection with this Agreement. the transaclion contemplated hereby. and any future matters related to any of the foregoing. Further, Seller specifically acknowledges Ihat no such representation sr.all constitute a conflict of interest on Ihe part 01 Escrow Agent. 18. HAZARDOUS SUBSTANCES. The term "Hazardous Substances as used in this Agreement shall include, without limitation, flammables, explosives. radioactive materials. asbeslos, polychlorinated bipheyls (PCS's), chemicals known to cause cancer or reproduclive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related maler-fars, petroleum and pelroleum products and substances declared 10 be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority. 7 Rug 20 03 10:27a ,-'}In c:::::. U-:J U"?: cUp Lou~ S. Love, J'9COBB, ESQ P.R. 727.2034 727-441-3024 10.8 p.15 19. RADON GAS. Radon is a naturally occulTing radioactive gas thal, when it has accumulated in a building in sufficient Quantities, may present health risks 10 persons who are exposed to it Over time. Levers of radon lhat exceed federal and stale guidelines have been found in buildings in Florida. Additional information regarding 'radon and radon testing may he obtained from your county public heallh unit. 20. CONFIDENTIALITY. The Parties agree 10 keep stricUy confidential the existence and ferms of this Agreement and that no information relating thereto or to the Properly shaH be disseminated to third parties except as required to facilitate the performance of the duties of the Parrjes hereunder. 211. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to lhe Property as of the date hereof which shall survive Closing notwithstanding any term or provisions hereof to the contrary: a. Seller has received no notice of any condemnation proceedings affecting lhe Premises. b. Seller has no knowledge of any sinkhole problems affecting lhe premises. c. The person executing this Agreement on behalf of the Seller is the owner of the Property or has lhe demonstrable authority to bind the owner of the Properly. d. There are no confr;:!cl.s or other oblig;:!tiom; outstanding for the 5ale, exchange or tra:nsfer of the Property, or any portion thereof. e. Seller has no knowledge of hazardous substances present on the Property_ 23. COMPUTATION OF TIME. if the dale for performance or notice of any act hereunder falls on a weekend or national holiday, such performance or notice shall be deemed due on the following weekday. SIGNATURES ON NEXT PAGE 8 Rug 20 0310:28a ..J~n ':::0 U.:1 U"':~lp Loua~ S. Love, P.R. J .~ COBB, ESQ 727.034 727-441-3024 F.S p.lS EXHIBIT "B" (Estimated Development Time Table) 7/16/03..... .... .Development Review Committee Applicalion · B/14/03.........DRC Meeling 8/18/03..........Community Development Board Agenda 9/16/03..........CDB Meeting 10/16103. ..... ..City Commission First Reading · 1116/03..........City Commission Second Reading 11/19/03........PPC Hearing 1212/03..........BCC Hearing 12116/03.........Appeals Period · 1/15/03. ........Permits Issued 11 Ru~ 20 03 10:28a ,",'U" c...... U.:> u"t: ~up LOU... S. Love, P.R. J COBB, ESQ 727.2034 727-441 -3024 10 perform in accord<'3nce with Ihe Date: 5 -..l- 9-03_ EXHIBIT "A. (See Attached) 10 F. 10 p.1S Aug 20 03 10:28a .. ~__I' '-....J U.,,;) u..,.: c:..up LOU.. e S. Love, ..J COBB, ESQ P.A. 727.2034 72 -'1-41-3024 p. 11 JO.17 IN WITNESS WHEREOF, lhe parties hereto have execu.c;> ~ment as of the day and year written below. "::!' J" TI WITNESSES: BUYER: r.JPy GLOBAL FIN Ncn INVESTMENT, LLC a Nevada Ii ed Ii i "ty company WITNESSES: p~.~~ n11l.s!k Print Name: WITNESSES: ~~~; Print Name: Dale: 5 ~ 7 /0 3 . BUYER: SAMTER CONSTRUCTION, INC., INC. a Florida corporation ~~~ r-/J7/'3 , / Dale: SELLER: SOUTH GATE PARK,INC. a Florida corporation 9 .. r. by: I/Ynt. '.~--Q.~ " Jim Sever Its: Vice Presidelll Date: ,-S- /~ 7 /7:..3 or / 9 '"""'''''X'' '.J.. U.....I... .....S...d...'...B. 1.J..0. .S..S...V. ............10...................... I SU"'UV'EII '!INOHd + . -0 SUU.pj.lDU....;W"O'.L V_..., .....v,.,~. M'~ II. ".. ". .... "." ...... ..... .... . i. ..... ................'.......,..,.." I .m~."~'"".,. (\I\\7"J~llJ%L I ~ .....I~"""'S . ","",,'"3 II" V:'_,.;;_. :,'~:,;.'^',____.~_,",''',':~'',','','''_-.>,'' "''<<'_'_'''',' '~,,""',.' 8 --+-- >- W ~ ::::>> ~l;; c < Zw :5~ t;~ 3: z < c?J ~ ffi ~ w ~ < ..J W ~ ~ u. ~Olt~ I-:.~~z U N ..J :;) .... a.. 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Receipt #: 1200300000000008352 Date: 08/25/2003 Line Items: Case No Payments: Tran Code Description Revenue Account No LUZ2003-08006 Land Use & Atlas Amendment 010-341263 Line Item Total: Method Payer Bank No Account No Confirm No How Received Check GLOBAL FINANCIAL INVESTMENTS 1179 In Person Payment Total: 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. Page 1 of 1 8/25/2003 11:08:08AM Amount Paid 885.00 $885.00 Amount Paid ~S'. ~ $885.00 . cReceipt.rpt ) t Wielecki, Karl From: Sent: To: Cc: Subject: Hollander, Gwen Wednesday, April 06, 20053:10 PM Dougall-Sides, Leslie Wielecki, Karl RE: 2525 Druid Ordinance No. 7386-05 and 7387-05, for LaSalle Realty were approved at second reading on March 3, 2005. -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, April 06, 2005 1:53 PM To: Hollander, Gwen Subject: FW: 2525 Druid Please check on date. -----Original Message----- From: Wielecki, Karl Sent: Friday, March 25, 2005 11:10 AM To: Dougall-Sides, Leslie Subject: 2525 Druid Leslie, I pulled up Agenda Item 1162, to confirm that it was approved. It looks like it passed on first reading on 3/3/05? I'd like to put this to rest. Thanks KW -----Original Message----- From: Wielecki, Karl Sent: Monday, February 14, 2005 12:07 PM To: Dougall-Sides, Leslie Subject: RE: Corrective Ordinances Attached. KW << File: LUZ2003-08006 2525 Druid Rd adopted future land use map.doc>> <<File: LUZ2003-08006 2525 Druid Rd zoning map.doc >> -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, February 14, 2005 12:07 PM To: Wielecki, Karl Cc: Dewitt, Gina Subject: RE: Corrective Ordinances O.k., please do. -----Original Message----- From: Wielecki, Karl Sent: Monday, February 14, 2005 11:58 AM To: Dougall-Sides, Leslie Subject: RE: Corrective Ordinances OK, got it. The maps are correct, except that they text box labels of the proposed land use and zoning categories are set to white font, and so did not show up. I can correct the maps, and resend to you, if there is still a chance of changing the Agenda Item exhibits. KW 1 l , -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, February 14, 2005 11:28 AM To: Wielecki, Karl Subject: RE: Corrective Ordinances If you enter the number in Item 10 under Agenda Item Tracking at the left hand of the initial screen [Main Menu], it should pull it up. -----Original Message----- From: Wielecki, Karl Sent: Monday, February 14, 2005 11:20 AM To: Dougall-Sides, Leslie Subject: RE: Corrective Ordinances Leslie, I'm having trouble locating this in FYI. I went to Library --> Agenda Search --> Agenda 10, then typed in 1162. I get an error message. Pis help. KW -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, February 11, 2005 11:58 AM To: Wielecki, Karl Subject: Corrective Ordinances Please check Agenda Item 1162 in FYI to verify these are the correct maps. Thanks. 2 t ~ .. ~\ , 622 630 700 0::: Q CI) 710 CI) ~ 720 ).-: CO 730 0 ^ 20332 - - - - -.,' - - - -, ,- - I , , , , , , - - - - - - - -~ - - - - - I C') ,.... ~ DRUI MDR ~m-C I 120258 , , p , :20228 ....4 - - - - - . -- , ,- -. 1 ,- - - -,' - - -, ,- -- I I I ,I 'I 1_:__: :____:::_J :___ , , - , , , , L:~ [~~1i-_-_i ~ ,- -: - --: , , '- -., - -- ,. -, - I , , ' -., I I ~ ~ -_: {~~](~ r~,~i :_~~\~~j [:~~:r-~ ': -"'-11-' - -: 1- - -; , II 'II I r~___;:___I_1 \-..J C{'~~:: U ,- , ::: :. ~ I ,.:: : I I l__.___ I I , , , , ~__' - ~ 20162 :---'li4rrrp~--': ---1,U~~ :-~ , -, ,/;-J :.=: :-~~'; C~)[1 ,. - ~ ,- , , L .1 ~ _; ~....~ ~--~, :---~ I I I " I 1.'- '_, : I : L,J-~_ :,'-:~-_'-:~.'=_~ 20060 Congo River Golf , , , ------,.' :___-: [:) l~_J' C,)<,:J ~-~~ C1 i-_'> /_-_: .,--, : ~; ,--":.. ~:: ~--~':..~--~ , ' , l__J~ :-_l~. I__~__,_' ':__I-~;-~ 20000 (....... Zoning Map Owner: South Gate Pork, Incorporated Case: LUZ2003-08006 Site: 2525 Druid Road Property 3,35 Size(Acres): Land Use Zoning PIN: 18/29/16/00000/440/0410 From: R/OG & RU o & C2{County) 18/29/16/80353/000/0030 To: RLM & P MDR & P Atlas Page: 299B - . ..... ... .........' .... . I 622 ^ ~ - - - - .! 630 700 a: T/U RlOG Q CI) I 71 0 CI) ~ 720 ).": -RU OJ 730 '" ~ '" ..... .. .. RlOG 1\ 17 /l \I!~ fJ20;\ v:;/ ~\~! ",\ju 20332 _ _ _ _ _ r 0' - - - -, ,n , , - - - - - - - -~ - - - - - I 0) ...... CI) ~ DRUID RD ... ~. . :e .. P ~\ ~.. I...~ I \RU r - - - - --, , , .20258 P R ~OG , , 120228 . , , , L _ _ _ __, - - - - - . , T/U :,-.L:~ [J..-.: ,- -, 1 ,- - - -,' - - ,- - - -, r ,.-, ,_ : I :: : r': : ,- - ,- - - .,1 _ '_ _ _: 1_ _ _: _ __ - - - ,- -, - I " , --, I I , , , , - , eG': I I ':nJ~~ :) ~.~~'\~~j [:~>_, \ /J-.-.-.1C_:j '," , , , , l., ~ I __ 20162 .:-~-:i'--: r--' , 1.,. .-"__ _ ,- '_ I :....:~ RLM \--': .: ~-J :-=: :----,~:- .~:: ~_I- -,: '_~_' ,_, I- CI'~~:: ::l '. , ;- ~- .} ~ - ~ I I~ _. I -~ i'-:, :---~ :,'-:~-_.-f.'=} :.'- :_,__: ~___'~ 20060 Congo River Golf , " 1___. .,[;~~=-!, <~Y,::_~:.!;:.:_J :.') [~~] c>) ,-...: r _ _~ '_... _ _ _ I I, _ _ ~ I I I I :, .' " '.', . ~ . 1 I _. ,'" I _.,_ (. t - - - - - -- 20000 Adopted Future Land Use Plan Owner: South Gate Park, Incorporated Case: LUZ2003-08006 Site: 2525 Druid Road Property 3.35 Size(Acres): Land Use Zoning PIN: 18/29/16/00000/440/0410 From R/OG & RU 0& C2(County) 18/29/16/80353/000/0030 To: R LM & P MDR & P A tlas Page: 299B ! ORDINANCE NO. 7205-03 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 ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF METES AND BOUNDS 44/041 IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS PRESERVATION; AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF A PORTION OF LOT 3, SEVER PARK, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, FROM RESIDENTIAUOFFICE GENERAL TO RESIDENTIAL LOW MEDIUM AND PRESERVATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of th~ City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use CateQorv See legal description attached as Exhibit "A" (LUZ2003-08006) To: Preservation Section 2. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use CateQorv See legal description attached as Exhibit "B" (LUZ2003-08006) From: Residential/Office General To: Residential Low Medium and Preservation Ordinance No. 7205-03 '. !! Section 3. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance with Chapter 163.3184, F.S. PASSED ON FIRST READING NovpmhPT ?O,?001 PASSED ON SECOND AND FINAL READING AND ADOPTED December 4. 2003 Approved as to form: Attest: Leslie K. Dougall-Sid 5 Assistant City Attorne 2 Ordinance No. 7205-03 COMMENCE AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA; THENCE N.Ol'03'04"E. A DISTANCE OF 1093.27 FEET ALONG THE EAST BOUNDARY OF SAID SECTION 18, ALSO KNOWN AS THE CENTERLINE OF U.S. HIGHWAY No. 19; THENCE N.89'19'03"W. A DISTANCE OF 300.01 FEET; THENCE N.Ol'03'04"E. A DISTANCE OF 100.00 FEET; THENCE N.89'19'03"W. A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE N89'19'03"W. A DISTANCE OF 184.60; THENCE N.Ol'22'22"E. A DISTANCE OF 100.01 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DRUID ROAD; THENCE S.89'19'03"E. A DISTANCE OF 184.60 FEET ALONG SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE S.01'22'22"W. A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" \ LEGAL DESCRIPTION LUZ2003-08006 LOT 3 LESS THE EAST 200 FEET, SEVER P ARK, AS RECORDED IN PLAT BOOK 90, PAGE 59, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA EXHIBIT "B" '" '" .. " : - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - ~ ~ ----CG-: ^ RU R/OG 20332 " " (!; - - - - _. I' - - - -. ,. - . - - - - . - - -... - - - - - I DRUID RD RLM ,.. - - - - --I , , , 120258 , , , , , :20228 , , I,. _ _ _ _.' 1_- _ _ _._ .'_ _. {~~)(J iJ :_~.:JC~j c>~~~] r.r.-J l--:: '," : - j .. - -I ' , " , l.,'L. _ ~ 20162 :--f'_:~ [~~rj :~:-_~~ [~j~~}: r~~?c: ,_ _ ,,- I I II t -.. I, I I" I - ".} .., , , OG: " , , ' :;-.-~"--l: r--.~. I . ,. . \ .M_ _ ,. '_ I ~~~-c_mM i) /;-J :.~: :-~~'; C.-~~ U :--~:-I_-I ;-'~ [--j~--~: ~.j : \..;-~- ~--~ ;..-:, :---~ :tj_:~.._..f:=..~ :.,-' :.'__: ~___'~ 20060 Congo Ri !JeT Golf i - - - - .. - -, , . , , '. - - - - ..-: ,- --I '.. .. -. r; - -: ,. I ;-.. -.., ,:- - -I ;.. -.. ,. - -, ,- :,_,-~ ~,} :..,_:: .-J :..-: ~__! !~_:,: /..i ,..--, I ~. :_'-_~:_, ~:: ~__.~....__~ (~. , '1__," I.., ~ _ , -.. - ':.- j~: -.. .20000 Future Land Use Map Owner: South Gate Park, Incorporated Case: LU Z2003-08006 Site: 2525 Druid Road Property 3.35 Size (Acres): Land Use Zoning PIN: 18/29/16/00000/440/0410 From: R/OG & RU o & C2(County) 18/29/16/80353/000/0030 To: RLM MDR A tlas Page: 299B Ordinance No. 7205-03 , ~ ORDINANCE NO. 7206-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF METES AND BOUNDS 44/041 IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD UPON ANNEXATION INTO THE CITY OF CLEARWATER AS PRESERVATION (P) AND BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF A PORTION OF LOT 3, SEVER PARK, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, FROM OFFICE (0) TO MEDIUM DENSITY RESIDENTIAL (MDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas 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 following described property 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 Land Use Cateoorv See legal description attached as Exhibit "A" (LUZ2003-08006) To: Preservation (P) Section 2. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Land Use Cateoorv See legal description attached as Exhibit "B" (LUZ2003-08006) From: Office (0) To: Medium Density Residential (MDR) and Preservation (P) Section 3. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7205-03 by the Pinellas County Board Ordinance No. 7206-03 ~ ~ of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. PASSED ON FIRST READING November 20, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED December 4, 2003 Approved as to form: Attest: ~?:. Cynt i E. Go.lJdeau City k .- . ):1<IP f-' Q~ o. . 2 Ordinance No. 7206-03 .. COMMENCE AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA; THENCE N.01'03'04"E. A DISTANCE. OF 1 093.27 FEET ALONG THE EAST BOUNDARY OF SAID SECTION 18, ALSO KNOWN AS THE CENTERLINE OF U.S. HIGHWAY No. 19; THENCE N.89'19'03"W. A DISTANCE OF 300.01 FEET; THENCE N.Ol'03'04"E. A DISTANCE OF 100.00 FEET; THENCE N.89'19'03"W. A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE N89'19'03"W. A DISTANCE OF 184.60; THENCE N.01"22'22"E. A DISTANCE OF 100.01 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DRUID ROAD; THENCE S.89'19'03"E. A DISTANCE OF 184.60 FEET ALONG SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE S.01'22'22"W. A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" ,. .", LEGAL DESCRIPTION LUZ2003-08006 . LOT 3 LESS THE EAST 200 FEET, SEVER PARK. AS RECORDED IN PLAT BOOK 90. PAGE 59, PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA EXHIBIT liB" 630 700 gs CI) 710 CI) ~ 720 :>;; QJ ., '" 730 0 .,. '" ~ (1; '" I , I , L.____~l .jj [~~rj MDR , I _ _ _ _ _ _ __ :~:'J i~~~T~~} C?[~~! - --, , .- - ,,- -, I I, I -., II ' I" . -.,-.' I,:~~I~~ r) :_~,~~/~~j [:JC:] rr-.-Y-:: " ; - i ... - _, I ~_...:~-~ , , I - - - - --,:"1 ,. - ~ I. , , , l \...' l.. ~~MHP[) /~~J ~-~: :--::'; i-~-.-~)L1 1---' , -, : .. .1- -~ ~ :,,-:~..,-~-~=.~ [:) (7 c.)(J r:;' ~~~] : .~ I-~~~:- , . . ,_ - .~ : ~_ I ~. '- -. . _ Zoning Mop Owner: South Gate Park, Incorporated Site: 2525 Druid Road Land Use Zoning From: R/OG & RU RLM o & C2(County) To: MDR Case: PIN: Atlas Page: ~-.~ ,."-:. :---~ :_,_1 :_,__: :___'i I ~ . ~ : .,: ) 1--: - -......... - -- : -- ,-~; -. ^ ; -- uC .20258 '. - - - -. - -'. - ~ .'. . , , , , " ' , I , , , 20332 :20228 20060 Congo River Golf 20000 LUZ2003-08006 20162 c', 3.35 18/29/16/00000/440/0410 18/29/16/80353/000/0030 2998 Ordinance NO. 7206-03 e ..... ~ SiI'Y\OJ\ ~hlL ... 1- Tampa Bav Xegionall'lanning Council chair Commissioner Steve Simon vice-cbair Commissioner Jane von Habmann SecretaryJlI'reasu.rer Robert Kersteen Executive Director Mann~ Pumarie8a 18 November 2004 Ms. Gina Clayton Long Range Planning Division Manager City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Gina: Pursuant to Section 163 .3184( 1)( c )2, FS, the Council staff has reviewed the City of Clearwater's eighth adopted small scale amendment of 2003 and third adopted small scale amendment of 2004. Based on the material presented, it has been determined that adopted Small Scale Amendment 03S-8 is not Regionally Significant and Amendment 04S is regionally significant. Both amendments were found to be consistent with the Future of the Region. Please do not hesitate to call for more information or clarification concerning this matter. Sincerely, Vk-'/c( H. Gerald Smelt, AICP Governmental Services Coordinator cc: Ray Eubanks, DCA Marina Pennington, DCA 4000 Gatewa~ Centre BouCevara, Suite 100. pineCCas Par~ FL 3378.2 Pbone: 7.27-570-5151 . Fax: 7.27-570-5II8. State Num&er; 513-5066 . www.t&rpc.orf/ e e Wielecki, Karl From: Sent: To: Subject: Wielecki, Karl Monday, January 24, 2005 1: 18 PM Clayton, Gina FW: 2525 Druid exhibit error This is Leslie's response. You indicated in a 12/28 email that we should wait on this. Thus I'm not sure if it even went to Council nor what's next. -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, January 24,20059:57 AM To: Wielecki, Karl Subject: RE: 2525 Druid exhibit error The Ordinances were drafted. I think it would best come from Planning, so Planning needs to do an Agenda Item and enter it into FYI. See e-mail of 12/27: Here are the two Ordinances. Because: 1. my boss is out of town this week and cannot approve anything in FYI; and 2. I do not have the correct maps in electronic format; it would be quicker if you are able to generate an FYI item from Planning. Otherwise it looks as if it will be one more meeting. Let me know what you want to do... ~ ~ 7382-05.doc 7383-05.doc -----Original Message----- From: Wielecki, Karl Sent: Monday, January 24,20059:23 AM To: Dougall-Sides, Leslie Subject: FW: 2525 Druid exhibit error Leslie, Did this go on 1/20/05? Is there a 3rd reading scheduled? Thank you KW -----Original Message----- From: Wielecki, Karl Sent: Monday, December 27, 2004 10:35 AM To: Dougall-Sides, Leslie Subject: 2525 Druid exhibit error Leslie, Is this still on track for CC on 1/20/05? KW -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, December 01, 20049:32 AM To: Wielecki, Karl Cc: Hollander, Gwen Subject: RE: exhibit error 1 The next meeting seems to lanuary 20. e Due to City Clerk January 3. Gwen, please see if you can find a previous Corrective Ordinance [we have had a few] and draft two Ordinances correcting the maps for the Ordc. Nos. below and attaching new maps. I will try to place the item in FYI for the January 20 meeting. Files should be in my In box. -----Original Message----- From: Wielecki, Karl Sent: Tuesday, November 30,200411:28 AM To: Dougall-Sides, Leslie Subject: RE: exhibit error Leslie, Do you have an idea of the date that the Council will consider this new ordinance? Thanks Karl -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, November 19, 2004 11:35 AM To: Wielecki, Karl Subject: RE: exhibit error Correct. -----Original Message----- From: Wielecki, Karl Sent: Friday, November 19, 2004 10:52 AM To: Dougall-Sides, Leslie Subject: RE: exhibit error OK, thank you. Just to be clear, the legal descriptions were correct; only the maps were incorrect. KW -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, November 19, 2004 10:08 AM To: Wielecki, Karl Subject: RE: exhibit error The maps attached to the Clerk's ordinances are incorrect. I will draft a corrective ordinance with the correct maps. I'm checking on whether in the past we've taken those to CDS or just had two readings before the City Council. Due to the amount of time that has elapsed I do not believe that a third reading would be appropriate. -----Original Message----- From: Wielecki, Karl Sent: Friday, November 19, 2004 10:02 AM To: Dougall-Sides, Leslie Subject: RE: exhibit error Leslie, Did you have a chance to give this some thought? Thanks Karl -----Original Message----- From: Dougall-Sides, Leslie Sent: Tuesday, November 16, 2004 8:53 AM To: Wielecki, Karl Cc: Akin, Pam Subject: RE: exhibit error 2 whlas the nature of the error? e -----Original Message----- From: Wielecki, Karl Sent: Tuesday, November 16, 2004 8:29 AM To: Dougall-Sides, Leslie SUbject: exhibit error Good morning, Staff noticed that the map exhibits to both Ords. 7205-03 (amend future land use) and 7206-03 (rezoning) are incorrect. I'm attaching as Word documents the correct maps. Both ordinances were approved on Dec. 4, 2003. What is the procedure for correcting this error? Can these be brought forth for a 3rd CC reading? Please advise. Thank you Karl Wielecki Planning << File: LUZ2003-08006 2525 Druid Rd future land use map.doc>> <<File: LUZ2003-08006 2525 Druid Rd zoning map.doc >> 3 . e CDB Meeting Date: October 21, 2003 Case No.: LUZ2003-08006 Agenda Item: F3 ORIGINAL CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: Southgate Park, Incorporated REPRESENTATIVE: Keith A. Lawes LOCATION: 2525 Druid Road, located on the south side of Druid Road, approximately 400 feet west of U.S. Highway 19. REQUEST: (a) Land Use Plan amendment from the Residential/Office (RIO G) General Classification and the Residential Urban (RU) Classification to the Residential Low Medium (RLM) Classification and the Preservation (P) Classification (pending AN)(2003-0802l);and (b) Rezoning from the C-2, General Retail, Commercial and Limited Services District (County) and the 0,0 ffice District (City of Clearwater) to the MDR, Medium Density Residential District and the P, Preservation (City of Clearwater) (pending AN)(2003-08021 ). SITE INFORMATION: PROPERTY SIZE: 146,181 square feet or 3.35-acres DIMENSIONS OF SITE: 584 feet by 250 feet m.o.l. PROPERTY USE: Current Use: Proposed Use: Vacant Multi-family dwellings PLAN CATEGORY: Current Category: Proposed Category: ResidentiaVOffice General (RlOG) and Residential Urban (RU) Residential Low Medium (RLM) and Preservation (P) Staff Report - Conununity Development Board - October 21,2003 - Case LUZ2003-08006 - Page 1 .',',," . . ZONING DISTRICT: Current District: Proposed District: C-2, General Retail, Commercial and Limited Services District (County) and 0, Office District (City) MDR, Medium Density Residential District (City) and P, Preservation (City) EXISTING SURROUNDING USES: North: Open Space South: Mobile Home Park East: Retail West: Utility/infrastructure facility ANALYSIS This Future Land Use Plan amendment and rezoning application involves two vacant parcels of land, approximately 3.35-acres in area. Almost two and one-half acres of the overall site is a jurisdictional wetland and cannot be developed. The site has Future Land Use Plan designations of ResidentiaVOffice General (RIO G) (County) and Residential Urban (RU) (City), as well as zoning classifications of C-2, General Retail, Commercial and Limited Services District (County) and 0, Office District (City). The applicant is requesting to amend the Future Land Use Plan designation of this site to the Residential Low Medium (RLM) and Preservation (P) classifications and tor ezone it tot he M DR, Medium Density Residential and P, Preservation Districts to allow the development of attached dwellings on the upland area of the property. A companion application to annex a portion of this property into the City of Clearwater is being processed concurrently with this land use plan amendment and rezoning (ANX2003-08021), as well as a flexible development application to construct ten (10) attached dwelling units (FLD2003-08038). In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the P inellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the acreage and density involved in this plan amendment, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.I & 4-603.F.I] 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. Staff Report - Community Development Board- October 21,2003 - Case LUZ2003-08006 - Page 2 ~_ 'lo. . e 13.1 Objective - Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential Low Medium (RLM) category, as specified in Section 2.3.3.2.1 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a low to moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum often (10) dwelling units per acre. Secondary uses permitted in Residential Low Medium areas include residential equivalent, institutional, transportation/utility, public educational facility, ancillary non- residential and recreation and open space uses. The purpose of the proposed Preservation (P) category, as specified in Section 2.3.3.7.1 of the Countywide Rules, is to depict those areas of the County that are now characterized, or appropriate to be characterized, as a natural resource feature worthy of preservation; and to recognize the significance of preserving such major environmental feature and their ecological functions. This category is generally appropriate to those natural resource features it is designed to recognize wherever they may appear and at a size significant to the feature being depicted in relationship to its surroundings. 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] Druid Road Corridor In the subject site location, Druid Road is a two-lane divided roadway. Druid Road between Belcher Road and U.S. Highway 19 is characterized by a variety of development including single-family and multi-family residential, office and commercial uses. The Countywide Future Land Use Plan has designated land in this area on the north and south sides of Druid Road Residential Urban, Residential Low Medium, Residential Medium, Residential/Office General, Commercial General, Preservation and Transportation/Utility. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08006 - Page 3 '. , . e Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding area to the west is TransportationlUtility, with Preservation to the east. Areas to the north and south are designated Residential/Office General and Residential Low Medium, respectively. The existing surrounding uses include utility/infrastructure facilities to the west, while vacant and office uses exist to the north. Vacant and retail uses exist to the east, and a mobile home park is located to the south. The proposed Future Land Use Plan amendment and rezoning are compatible with the surrounding uses due to the residential character of the proposed use. IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5] The subject site includes two vacant parcels ofland, approximately 3.35-acres in area. The 2.49- acre wetland area proposed to be designated Preservation (P) cannot be developed for residential purposes. As indicated in the Countywide Rules, however, any project or parcel of land containing non-developable land due to a wetland designation shall be granted a credit of one (1) dwelling unit or five (5) percent of the permitted floor area ratio per acre. Based on the maximum permitted intensity of 0.50 FAR in the current R/OG, Residential/Office General category, plus the five percent wetland credit of 2,711 square feet of floor area, a 22,095 square foot building could be constructed on the site. If the Residential Low Medium (RLM) category is approved, two residential units can be transferred to the uplands area as credit for the 2.49-acre wetland located on the site. Based on the maximum permitted density of 10.0 dwelling units per acre in the proposed RLM category, plus the two units available for the wetland credit, a maximum of 10 units would be permitted on this site provided all code requirements are met. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. .... .... Druid Road: Between US 19 and Belcher Road Maximum Dailv Potential Trips Maximum PM Peak Hour Added Potential Trips3 Volume of Druid Road: Between US 19 and Belcher Road LOS for Druid Road: Between US 19 and Belcher Road N/A - Not Applicable LOS - Level-of-Service I = Based on PPC calculations of 170 trips per day per acre for the Residential/Office General Future Land Use Plan Category and 70 trips per day per acre for the Residential Urban Future Land Use Plan Category. 2 = Based on PPC calculations of 63 trips per day per acre for the Residential Low Medium Future Land Use Plan Category and 0.3 trips per day per acre for the Preservation Future Land Use Plan Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countvwide Future Land Use Plan MAXIMUM POTENTIAL TRAFFIC Current Existing Situation Planl N/A 527 N/ A 65 8,025 8,552 B B Proposed Plan2 57 7 8,082 B Net New Trios (-470) (-58) (-470) B Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08006 - Page 4 . e The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Druid Road segments in the vicinity of this site a level of service (LOS) B. The proposed land use amendment will not decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segment's level of service as the proposed category is less intensive than the current category. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Daily Trips Net Increase of PM Peak Trips Existing Zoning/Future Land Use Plan 22,095 sq. ft. 22,095 sq. ft. 798 N/A 96 N/A 243 N/A 32 N/A Proposed Zoning/Future Land Use Plan 10 units 10 units 30 beds 58 (-740) 5 (-91 ) 95 37 10 5 64 6 6 1 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in the degradation of the existing LOS to the surrounding road network. I n addition, no impact tot he 0 perational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08006 - Page 5 . . . e Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within 14 mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along US Highway 19. Water The current zoning district could demand approximately 2,209 gallons per day. Under the proposed zoning district, water demand could approach approximately 2,250 gallons per day. As capacity is available to accommodate the possible 41 gallon per day increase on water demand, the proposed amendment will not have a negative impact on the City's LOS for water. Wastewater The current zoning district could demand approximately 1,767 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 2,000 gallons per day. As capacity is available to accommodate the possible 233 gallon per day increase on wastewater demand, the proposed amendment will not have a negative impact on the City's LOS for wastewater. Solid Waste The current zoning could result in 59 tons of solid waste per year for an office use. Under the proposed zoning district, there could be approximately 25 tons of solid waste generated per year. As the proposed amendment will only permit less intensive uses with regards to solid waste disposal, it will not have a negative affect on the City's LOS for solid waste disposal. Recreation and Open Space As the proposed land use and rezoning will change the permitted uses from non-residential to residential, payment of a recreation facilities and land impact fee will be required. The amount of this fee is dependent on the number of units constructed and will be addressed during the site plan review process. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] The proposed land use plan amendment will not have any negative impact on the natural environment because the Preservation land use category will be applied to the jurisdictional wetland on the property. The purpose of this designation is to protect natural resources. The applicant intends to leave the property in its natural site and has addressed the preservation and buffering of this area with the City's Environmental Manager, as well as the Southwest Florida Water Management District (SWFWMD). 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 SWFWMD stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08006 - Page 6 . e VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Due to the residential nature of the surrounding area and the environmentally sensitive area located on this site, the location of the proposed Residential Low Medium (RLM) and Preservation (P) boundaries are logical and an appropriate classification. The P category located on the east side of the property will provide a buffer between the uplands portion of the site and the commercial uses fronting on u.s. Highway 19. Thedistrictboundariesareappropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-201; 2-701 & 4-602.F.1. and .2.] The proposed MDR, Medium Density Residential District permits a density of 10.0 dwelling units per acre and a FAR of 0.50 and an ISR of 0.75, while the existing 0, Office District permits a FAR of 0.50 and an ISR of 0.75. The total area of the subject site is 145,926 square feet and it is 584 feet in width. This area exceeds the 10,000 square foot minimum lot area requirement and the lot width exceeds the 100-foot minimum required by the Medium Density Residential zoning district. The parcels meet the size requirements of the proposed District and the proposed attached dwelling use is permitted in the MDR District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The existing and proposed use of this property is consistent with the Medium Density Residential zoning district regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from the ResidentiaVOffice General (RlOG) (City) category and the Residential Urban (RU) (County) category to the Residential Low Medium (RLM) (City) category and Preservation (P) (City) category and a rezoning from the 0, Office District (City) and the C-2, General Retail, Commercial and Limited Services District (County) to the MDR, Medium Density Residential District and the P, Preservation District for the subject property is requested in order to develop attached dwellings on the site. The site is surrounded by a mobile home park to the south, vacant land to the east and north, and Progress Energy high- tension power lines to the immediate west, with single-family dwellings beyond. Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08006 - Page 7 . - The proposed Residential Low Medium (RLM) Future Land Use Plan classification and MDR, Medium Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation for 2525 Druid Road from the Residential/Office General (RIO G) (City) category and the Residential Urban (RU) (County) category to the Residential Low Medium (RLM) (City) category and Preservation (P) category, and 2. Amend the zoning district designation for 2525 Druid Road from the 0, Office District (City) and the C-2, General Retail, Commercial and Limited Services District (County) to the MDR, Medium Density Residential District and P, Preservation District. Prepared by Planning Department Staff: 44k Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S :IPlanning Departmentle D BILand Use AmendmentsILUZ 2003ILUZ2003-08006 Tree Tops at Druid 2525 Druid Road1LUZ2003-08006 Tree Tops at Druid staff report. doc Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08006 - Page 8 .. .. ST ST ~D ~ I WHITMAN ST ~ ;1 uj ...J CHAUCER 51 ~ ~I SHEllEY 51 I ~ ~ :> ~ c ~ S.R.60 PROJECT SITE ~ ~ Sl.t.1MERLIN GLENANN DR Location Map Owner: South Gate Park, Incorporated Case: LUZ2003-08006 Site: 2525 Druid Road Property 3.35 Size(Acres : Land Use Zoning PIN: 18/29/16/00000/440/0410 From: R/OG & RU o & C2(County) 18/29/16/80353/000/0030 To: RLM & P MDR & P Atlas Page: 299B . . , 622 , , , : - - - -.! 630 700 a:: Q CI) 710 CI) ~ 720 ): OJ '" 730 0 '" " " .. .-------------------- -------------------~ ^ 20332 _____..'--7-' ,- - , , . , , , , .. - - - - -, DRUI ( ~ .. ~\ , MDR ~ ----c I .20258 , , p , , :20228 ....~ , , , , L _ _ _ __I ~ -..,.- -, I I, t :- - - ::__: I--~' .---"---1'----.,..--' :- :: :: :': ,I: : : : l____ll-~_-' ~__~ 1___: " , " , " - .__~I__~ - --, , ,- -,.- - I , II I - -. II I I" ' ~ "..' -, , , , ,- -, ,:~~~t:~J f~,~i :~:\~~j c~~r~j : -r - -: :--: ~ "-. I' I: I: I I L _ .', _ _.1 I I , , .. - -, ' I " I 1.."IL.. :. 20162 .:-"..r"--: I---~ .. II I.' , .~_ ._::_. _ ._1 "_ : 'h_H--- - ---, :___ :crp':: I I~... 1-- . -, i --I .--, I I I.,' ,- --'. -'.! ,- -., I ,-' ~ . _ I I I .... _ ~: : ~ : 1_..-' '_1 ~:--::-I__~~ :': I 'I I I I ___1,-___. 'I~ ~--~ ,'-:, :---~ I ,I '. " '_'- 1_,__: ~___~ , , '- , ~ _: : ',..;- -~.. :Ij_:~.._.-r:=_~ 20060 Congo Riuer Golf '\'.,, j------- , , - -.... - -, - I .;--: ,- , 1'--' .:-""j i"'-~ ~--. -,.. I I ~ , , : : : I I 1_ _ _ ,: :,' _ _:,-.' ,_:~. _ _:, ::/~':}:-",-~~:~:--' -', I I " I ~-I ~--..':.....--~ ~I__.~ :~_I~ ~-,,_.,J I:__I-~:-~ , , , -, 1_ __I (".... 20000 Zoning Map Owner: South Gate Park, Incorporated Case: LUZ2003-08006 Site: 2525 Druid Road Property 3.35 Size{Acres): Land Use Zoning PIN: 18/29/16/00000/440/0410 From: R/OG & RU o & C2(County) 18/29/16/80353/000/0030 To: RLM & P MDR & P Atlas Page: 299B 0) ,... CI) ;:) .e .. . --. n.. n. -- --- ---. 'R'e.taU' n. n... ^ l}(Ji J . , I ! - .- ~ ~ ~ ~ 700 ~ CI) 710 CI) ~ 720 :>: Q1 Vacant 20332 '" '" ". '" 730 1~.i~s1aurant - - - - - - - -~ _ _ _ _ _ I 0) ...- ~ DRUID RD .......- ,.. - - - - --, : :20258 , , ........ ~ ~et~il28 = . , , I I _ _, L _ _ _ _ _, I Overnig r~--r~~h!i[i,:-~tg-~-;~~;~'~ ___ u~~O~~~Od L.:L.) :,...j :.n:, .J,.) i.,2 ,:',/ ~..' '--.: l_.:; U ~:--::-I__~~ f': , I, I I I ... _... ,_ - - _, I l...! , , '. , . \,. -' ~ - ~ : -'l~;--~~ ~._~ ;-r_:. :---~ :".:~..X=.~ :.,-' :"n: ~---': OutdDir River , , , , - - - - - -. - I , , , " ,_ _ -, (:,~):::J,~;;] :_-:?U C'.:( ~ I I ': :: : ':..... ""~'.~' ~ ~ ~,-_.~ :~_I~ '--"-~.-' ecreatio / (" tertaiBm nt Existing Surrounding Uses Owner: South Gate Park, Incorporated Case: LUZ2003-08006 Site: 2525 Druid Road Property 3.35 Size (Acres): Land Use Zoning PIN: 18/29/16/00000/440/0410 From: R/OG & RU 0& C2(County) 18/29/16/80353/000/0030 To: RLM & P MDR & P Atlas Page: 299B Aerial Photograph Owner: South Gate Park, Incorporated Case: lUZ2003-Q8006 Site: 2525 Druid Road Property 3.35 Size (Acres) : land Use Zoning PIN: 18/29/16/00000/440/0410 From: R/OG & RU o & C2(County) 18/29/16/80353/000/0030 To: RlM & P MDR & P Atlas Page: 299B ORIGINAL . View to the east View to the south View to the west -- ._---~-- View to the north Site view from the east Tree Tops at Druid LUZ2003-08006 2525 Druid Road .. .. f-- ~ L-- - - - I~ lIT - - DRUID RD '" ~ ::> ~{- . iv' ~ - 2x2 Map Owner: South Gate Park, Incorporated Case: LUZ2003-08006 Site: 2525 Druid Road Property 3.35 Size(Acres): Land Use Zoning PIN: 18/29/16/00000/440/0410 From: R/OG & RU 0& C2(County) 18/29/16/80353/000/0030 To: R LM & P MDR & P Atlas Page: 299B ! . . ORDINANCE NO. 7206-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF METES AND BOUNDS 44/041 IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD UPON ANNEXATION INTO THE CITY OF CLEARWATER AS PRESERVATION (P) AND BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF A PORTION OF LOT 3, SEVER PARK, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, FROM OFFICE (0) TO MEDIUM DENSITY RESIDENTIAL (MDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas 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 following described property 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 Land Use Cateqorv See legal description attached as Exhibit "A" (LUZ2003-08006) To: Preservation (P) Section 2. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Land Use Cateqorv See legal description attached as Exhibit "B" (LUZ2003-08006) From: Office (0) To: Medium Density Residential (MDR) and Preservation (P) Section 3. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7205-03 by the Pine lias County Board Ordinance No. 7206-03 ~ . . of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: \, / /~'-., ..... . " {, /1. / .c' ""\ /J' d / " .' ..1'. ..... ..J.. ..r..., . ., ' . .," 'J, '7 l" .... :'.(C"L 11. '.7\ ',' " /. ,; " Leslie K. Dougall-Sides \ Assistant City Attorney'.' \ '" -.J .. j Cynthia E. Goudeau City Clerk 2 Ordinance No. 7206-03 . . COMMENCE AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA; THENCE N.01'03'04"E. A DISTANCE OF 1093.27 FEET ALONG THE EAST BOUNDARY OF SAID SECTION 18, ALSO KNOWN AS THE CENTERLINE OF U.S. HIGHWAY No. 19; THENCE N.89'19'03"W. A DISTANCE OF 300.01 FEET; THENCE N.01'03'04"E. A DISTANCE OF 100.00 FEET; THENCE N.89"19'03"W. A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE N89"19'03"W. A DISTANCE OF 184.60; THENCE N.Ol"22'22"E. A DISTANCE OF 100.01 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DRUID ROAD; THENCE S.89"19'03"E. A DISTANCE OF 184.60 FEET ALONG SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE S.01'22'22"W. A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" .. . . \ LEGAL DESCRIPTION LUZ2003-08006 LOT 3 LESS THE EAST 200 FEET, SEVER PARK, AS RECORDED IN PLAT BOOK 90, PAGE 59, PUBLIC RECORDS OF PINELLAS COUN TY, FLORIDA EXHIBIT "B" 630 a::: 700 Q CI) 710 CI) ~ 720 >: CO '" '" 730 0 '" '" " " '" '" .. . . , 1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ^ 20332 MDR ;----c , .20258 , , :20228 , L _ _ _ __' f.-_-_r--~ [~T_._i ,- - -, i' - - -,'- - -, ,- -- I : t ,I 'I I .-:__: :----::-._J :___ ,....- -, ,- --, I I I I :- - _: ~ _ _ J ,- _., ,- - I I II I - -, II I I" ' - "--' - -'-- ,,:~~ I~~ f.) :---,~X~~j [:JC-~ ~:_ tu: '~l/ :--~:-,__, ~'~ ~--j~--~: :,,~, os~ Owner: South Gate Park, Incorporated Site: 2525 Druid Road Land Use From: R/OG & RU To: RLM ~ - - I I I " I l.,_~'L_~ 20]62 '--M-un _u, __ u.n __ ," 'p'" -,' " ',- - -- '___', ,: ~_;_: I~,;~ ~.-' 1___; ;_.~;~_i ,- - ~ '. , . L _, : _ ~ , -- - -, -, ,- - -.... ; _, _: : _,_ ~': ~ _ _ _i~ : ".'--'-- :,'-: ~ -- ,_:: ~=-~ 20060 Congo River Golf '- - - - - -. _: ,---I , -, '___I !; :,:\-.~~~:~-,)r~:_J ~- ~~ [~~] C,: /_-.: : " ~ =: ~ - -.':..~ - -: 1__: '__,.... _,_ ':__,_I_:_~ 20000 ,'. Zoning Map Case: LUZ2003-08006 Property Size(Acres) : 3,35 Zoning PIN: 18/29/16/00000/440/0410 18/29/16/80353/000/0030 o & C2(County) MDR Atlas Page: 299B Ordinance NO. 7206-03 " .) . ,- CITY OF CLEARWATER REVISED PUBLIC HEARING NOTICE ANNEXATION, LAND USE PLAN AND ZONING ATLAS AMENDMENTS Schedule of Public Hearings: Tuesday, October 21,2003 before the Community Development Board, at 2:00 p.rn. Thursday, November 20,2003 before the City Commission (1st Reading), at 6:00 p.m. Thursday, December 4, 2003 before the City Commission (2nd Reading), at 6:00 p.rn. All public hearings on the ordinances will be held in Commission Chambers, 3rd floor of City Hall, 112 South Osceola A venue, Clearwater, Florida. (South Gate Park, Inc.) ANX2003-08021 & LUZ2003-08006 NOTE: All oersons wishinJ! to address an item need to be oresent at the BEGINNING of the Communitv Develooment Board meetine. Those cases that are not contested bv the aoolicant. staff. neiehborinf! orooertv owners. etc. will be olaced on a consent aeenda and aoproved hv a sinele vote at the beeinnine of the meetinf!. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7204-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF MJB 44/041 IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7205-03 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 ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF METES AND BOUNDS 44/041 IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS PRESERVATION (P); AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST 0 F U.S. H IGHW A Y 19, CONSISTING 0 F A PORTION 0 F LOT 3, SEVER PARK, W HOSE POST 0 FFICE ADDRESS IS 2525 DRUID ROAD, FROM RESIDENTIAL/OFFICE GENERAL TO RESIDENTIAL LOW MEDIUM AND PRESERVATION; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7206-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF METES AND BOUNDS 44/041 IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD UPON ANNEXATION INTO THE CITY OF CLEARWATER AS PRESERVATION (P) AND BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF A PORTION OF LOT 3, SEVER PARK, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, FROM OFFICE (0) TO MEDIUM DENSITY RESIDENTIAL (MDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Commission, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Section 4-206 states that party status shall be granted by the Board if .' . . person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Commission for fmal disposition. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Gina Clayton, Long Range Planning Manager, at 562-4587 to discuss any questions or concerns about the project and/or to better understand the proposal. This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQillRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. WITH THEIR REQUEST AT (727) 562-4093. Ad: 10/12/03 & 11/16/03 . . hwr SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT 2319 BROAD STREET (U.S. 41 SOUTH) BROOKSVILLE, FLORIDA 34604-6899 (352)796-7211 OR 1-BOO-423-1476(FLORIDA ONLY) (SUNCDM 628-4150) SEPTEMBER 03, 2003 SAMPlER CONSTRUCTION GFI LLC 300 6TH 51 N SIE 7 SAfETY HARBOR, FL 34695-0000 SUBJECT: ENVIRONMENTAL RESOURCE PERMIT APPLICATION NO. 46-025758.000 PROJECT: TREE TOPS AT DRUID APPLICANT REFERENCE NO. NOT SPECIFIED ON AUGUST 25, 2003, YOUR ABOVE APPLICATION WAS RECEIVED. PLEASE USE THIS NUMBER IN ALL CORRESPONDENCE. WITHIN 30 DAYS OF RECEI~T OF YOUR APPLICATION YOU WILL RECEIVE A REQUEST FOR ADDITIONAL INfORMATION OR A NOTICE STATING YOUR APPLICATION IS COMPLETE. PLEASE BE AWARE OF CHOICES yOU HAVE IN ORDER TO ADDRESS ANY DISAGREEMENTS THAT MAY ARISE DURING THE PERMITTING PROCESS. IF A REGULATION-RELATED DISAGREEMENT OCCURS BETWEEN AN APPLICANT AND A DISTRICT STAFf MEMBER WHICH CANNOT BE RESOLVED AT STAFF LEVEL, THE APPLICANT SHOULD 1) APPEAL THE CONTESTED ISSUES BY MEETING WITH THE STAFF MEMBERtS MANAGER. IF A RESOLUTION IS NOT REACHED, THE APPLICANT SHOULD 2) SEEK A MEETING WITH THE REGULATION DEPARTMENT DIRECTOR. IF A RESOLUTION IS NOT REACHED, THE APPLICANT SHOULD 3) SEEK TO MEET WITH THE DEPUTY EXECUTIVE DIRECTOR Of REGULATION AND THE TECHNICAL SERVICES DIRECTOR. IF A RESOLUTION IS NOT REACHEDy THE APPLICANT SHOULD 4)SEEK A MEETING WITH THE EXECUTIVE DIRECTOR. THE ONLY REQUIREMENT IS THAT THE PROCESS MUST BE FOLLOWED SEQUENTIALLY. PLEASE CONTACT OUR TAMPA REGULATORY DEPARTMENT AT (823) 985-1481 OR 1-800-836-0797 (FLORIDA ONLY) IF yOU HAVE ANY QUESTIONS REGARDING THE EVALUATION Of YOUR APPLICATION. SINCERELY, (SIGNED) TERESA RHODES RECORDS AND DATA DEPARTMENT CC: BURCAW & ASSOCIATES INC 6402 W LINEBAUGH STE A TAM?Ay FL 33656-0000 ORDINANCE NO. 7383-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CORRECTING ORDINANCE NO. 7206-03; SUBSTITUTING A NEW MAP SHOWING CORRECT ZONING CLASSIFICATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 7206-03, amending the zoning for property located at 2525 Druid Road, was adopted by the City Council on December 4,2003; and WHEREAS, the Zoning Map attached to Ordinance No. 7206-03 was incorrect and it is necessary to substitute a correct map; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The Zoning Map attached hereto as Exhibit A will be deemed to replace the map attached to Ordinance No. 7206-03. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7383-05 ORDINANCE NO. 7382-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CORRECTING ORDINANCE NO. 7205-03; SUBSTITUTING A NEW MAP SHOWING CORRECT FUTURE LAND USE MAP CLASS/FICA TIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 7205-03, amending the land use for property located at 2525 Druid Road, was adopted by the City Council on December 4,2003; and WHEREAS, the Future Land Use Plan Map attached to Ordinance No. 7205- 03 was incorrect and it is necessary to substitute a correct map; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Plan Map attached hereto as Exhibit A will be deemed to replace the map attached to Ordinance No. 7205-03. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Interim Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7382-05 ! . . " ORDINANCE NO. 7205-03 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 ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF METES AND SOUNDS 44/041 IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS PRESERVATION; AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF A PORTION OF LOT 3, SEVER PARK, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, FROM RESIDENTIAUOFFICE GENERAL TO RESIDENTIAL LOW MEDIUM AND PRESERVATION; 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, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateqorv See legal description attached as Exhibit "A" (LUZ2003-08006) To: Preservation Section 2. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateqorv See legal description attached as Exhibit "S" (LUZ2003-08006) From: Residential/Office General To: Residential Low Medium and Preservation Ordinance No. 7205-03 .. ~ ! . . Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 1 '63.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance with Chapter 163.3184, F.S. 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- id'e~ Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7205-03 ~ '" . . COMMENCE AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA; THENCE N.01.03'04"E. A DISTANCE OF 1 093.27 FEET ALONG THE EAST BOUNDARY OF SAID SECTION 18, ALSO KNOWN AS THE CENTERLINE OF U.S. HIGHWAY No. 19; THENCE N.89.19'03"W. A DISTANCE OF 300.01 FEET; THENCE N.Ol.03'04"E. A DISTANCE OF 1 00.00 FEET; THENCE N.89.19'03"W. A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE N89.19'03"W. A DISTANCE OF 184.60; THENCE N.01"22'22"E. A DISTANCE OF 100.01 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DRUID ROAD; THENCE S.89.19'03"E. A DISTANCE OF 184.60 FEET ALONG SAID RIGHT OF WAY LINE ; THENCE LEAVING SAID RIGHT OF WA Y LINE S.01"22'22"W. A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" - .. . . \ LEGAL DESCRIPTION LUZ2003-08006 LOT 3 LESS THE EAST 200 FEET, SEVER PARK, AS RECORDED IN PLAT BOOK 90, PAGE 59, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA EXHIBIT "B" ., ~ . . <0 ~ '" , ,-- ----CG-: 622 ^ 630 700 R/OG a:: Q C/) 7J 0 C/) ~ 720 ::>,; en R/OG RU 20332 '" '" '> '" 730 - - - - - - - -~ _ _ _ _ _ I DRUID RD RLM r - - - - -., : :20258 , , , 120228 , , , L _ _ _ __, , , . - - I , , , .. ~, - ~ 20162 :.-_'J--:~ [J-.-_i :~:--: [~J~~}: i~~)(~: - - -, ,- -.., -, . I I I I -., I I - - - ~; -_: , , , OG] " , "::~~]CJ ~) :-~,~~jC'j [:~~~r~~ /.-J_-_-.TJ:_1 ' - " I~---,'.--: ,---~ . It I II I ,~- -_::_- _;' "-. - ~ :--~:-,--, ~.; ; I, ,_, I I I, I I ' - - _..!._ - - _, '1-' :~~~-CRJ_M ;---,, .--:.., r-: ,---'. I_'-"';._;~ : : ,_'_~ :~- '---~: :~: :.;- -,.1 L_~~' '.' I. - ~ '. , , , , L _, ~. : " .,- -~ - ; -- ~ ,.' -:' : :,,_:~__,J~:=.~ :.,_1 :.'__: ~___~ 20060 Congo Riuer Golf ,. - - - - - -- '. - - - - -, _: .. --. , .. ,_ _ -. ~~) l~):~":,Jr::J ~-'-~~ [~~] c> /.-_! : '" h ~.:: ~--_"-~--~ . '_ - ._ : _. I ~ '; _ _ ,- ,-: - ~ ( . 20000 Future Land Use Map Owner: South Gate Pork, Incorporated Case: L U Z2003-08006 Site: 2525 Druid Road Property Size(Acres): 3.35 Land Use Zoning PIN: 18/29/16/00000/440/0410 18/29/16/80353/000/0030 From: R/OG & RU o & C2(County) To: RLM MDR Atlas Page: 299B Ordinance No. 7205-03 ~,'. 8 , I ~ I ! I 8 ~ I / '''''~.. jl 1;1 I~I ~"I H ~ il 0'< 1 ' .,fi '" Ii i'; ~ ~ ~ ~~~ ~ M.,., S.R.GO , (;;:) ........ GUlf m '" BLVD. " ~ " ~ : I ~. / , G) ~ ria 'g' fI~ ,---, "'"'M 74073 . , L..._---' =- P 2.04 2.14 e '" 1. ! . , 4 ,".J ~ H- ~ 1- ~ ~ ~ ,gl , 1.36 w ,'I~ ~ . ~ -'----= ~ -e ~ ~ -'--= ~ 8 2.40 ~ ~ 13.12 ~ ~ , ~ 8" " . n < --'-- 1.03 r..... _moo f----- 8 L.!8~--.i n C . ~ ~ 7.06 e , '" ; ~ ~ .~n JO."'.'M.II ~ ~ 5.5 f-------;;;- -- e ~ ~ , ~ 5.60 ~ .20'00 n ~ . ~ < 9- ~ CONSEIlY~TlON ~ ~ " =- MDR ~ n . .' ~6 -"'---- MHP ~ 0 ~O_1J~ ..... " ~ . 8 CD ~ ------;;-, ~. ~, L~ t,27~~ L ~ 1.24 " ., I!' n .... ...... F,J6 , , I" I" I" I' " " . ..... , '" .. '" '" '" '" " 'lOr,) "."., ..., r- -, I ;' 24~lbR~ ROAD n ',,' ~ '" ." I I Vl-UIl "1:" w. , '" ~ 8 8" E:O "=/ '" ~ I... ....-- ~ ~ e I. . r-" ---I 8m n. 1.64 , ~O~---1 0 m 11 Hl ~ "'I'! ~ " , " ~ ~ 5)5 .( '))u '" ~ 8 0 n. ~ ~, . " >>, I 3.37 ~, ~ ~ , .. .~ ! ~ ., . ....'{jJ ~ ~ . " ~ 8 -' ql .. "~J.~ 4.47 , ~ '" . " ", ~ - ~ :: " " . '" ' ,,, .,,. ... " 01$ ,""'" .. ;.C. ... -r. " e ." Ri,'.. ~'''''J ---! ~, E Gl ,~. 7.37 " '" , ~~(>'I(l , ""---- 1.72 f---'-- ." MHP . <0 -"""-- ~ iT- IonS E . ~ oS1R ". 1.79 z ~' ~ ~ . .~ ~ ft ~ ,., -""- n. 0 '" '" ~ ""-- H~" '" OS/R MH~ (0 ,. -=-- 1.72 ,,. ~. 1"'~ JGrJ "m '" - '\:. ". i~110 Il ~IJ ' "/,,,1,, IG>/" 1":1 u .!~ I boo S4 21 2J J9 ~I" , '/1' !;'! A ~ ,B ~ :g 8., i!:-, ...J~ ..j, ~' , . ~ ~( ~ ~ " ;l; ~ .. ~-"~ ~ ~ ~ ~ ~ ~ ", '" '" 'Ir..." r-- j '" r ','",:> ,u, BlJRNICE DR!VE L!24SS -.l ,.. " = I" ,. " .. ."'~ , ~ Clearwater 0_ PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING I GIS 1 DO S. Myrtle Ave., Clearwater, FL 33756 Ph.: (727)562-4750, Fax: (727)526-4755 www.clearwater-fl.com Dil;clsimer: Public ;nformaliOfl date is fumiMlrK1 by IhfJ City of Cle8fWljter Pub/k:; Wooo AdministratiOOtEnQinllflrlng, and nwsf bll /JCC'8ptBd 8fld used by the recipient with the understanding that the dala rer;e;"ed was colecl9d for /he PUlpOSs of developing II graphic infrlulnJcftmt inventory. As such, /he City of Clearwater PWA/E m.llunowafralltiaS,fl1q)ressedorimplied,COOCfJm;"gtha ltCClNBcy,compJelanass, f81iIlbitty, ct"suilablity of this datll for any othsrpartiaJlaruse. Furlhermcxe, the City of ClearwaferPWA/E &5sum"&no'abMty~atsoeV8rasSQciaI9dwitf1theu&llormisusa 01 such data N w-<r E ~ 'M' 200 RESIDENTIAL DISTRICTS lDR - Low Density Residential lMDR - Low Medium Density Residenlial MDR - Medium Density Residential MHDR - Medium High Density Residential HDR - HIg1 Density Residential MHP - Mobile Home Park CRNCOO - Coachman Ridge Nelghbomood ConservaUon Overtay Dislrlct IENCOD. Island Estates Ne~rtlood Consef'll3tion Overfay District COMMERCIAL DISTRICTS Q-Office T - Tounsm C - Commerdal 0- Downtown SPECIAL USE DISTRICTS IRT - tndustnal, Research and Technology 1- InstlbJluIonal QSIR. Open Space/Reaeational p - Preservation Area City Owned Property Agreement to Annex GJ COUNTY HIGHWAY 8 STATE HIGHWAY 8 u.s. HIGHWAY ,--, L. l~S ~ SUB NUMBER("-Referlo Plat) Q eLOCK NUMBER G) SUB PARCEL NUMBER <:;) PARCEL NUMBER (MOB) LAND HOOK (COMMON OWNERSHIP) __--- PLATTED SUBDIVISION BOUNDARY ____ lOT OWNERSHIP LINE ORIGINAl PLATTED lOT LINE Zoning Atlas Jut 18, 2003 299B F,.... ;'., F. ~ Clearwater /1 T11 1~le I ~ I ! I e ~ I / '''''~- ~"I!! "I" 11,.J "'./ l' ~ ~ ~ " ~ ~~~ ~ AI.... " 0.: -~~ o~ S.R.6C , Q ........1. PREPARED BY Gut, TO '" BLVD. , PUBLIC WORKS ADMINISTRATION ,., " / ENGINEERING t GIS , G) ~ " , :1 'I 100 S. Myrtle Ave., Clearwater, FL 33756 'e' 1I~ ,. - --, "N'M 74073 Ph.: (727)562-4750, Fax: (727)526-4755 '-- - -' , I-;;;;- IV , www.clearwater.fI.com 2.04 ,," ~ ! 2.14 , , 8 J1J . -;- t.;-"- ,-- Disclaimar: ~ ~ ~ I ~;~ , 1.36 > Pub#c infotrrWiOll daf_/. flJmi.J.fiJ by'''' Cly of CIe8/'WBt&r ~ Public Worlts Adm6JislratilNllfnginflering, MId must be accepted .'1 ~ and used by (he ffJdpienf wnh the undsntanding /hal the dats . ~ ~ ~ r9caN&d was cvlectBd for /h8 ptlrpoa8 Df dsveJoping fJ graphic infrastrvclut& tlll8nlor)'. As such, In. CJty 01 ChiarwsIB, PWAIE '-'--= ~ mak8snowarranlieJ,expres"'dorimplied,conC6minglhfl ~e ~ 8 aOClNBcy, oompJetflfI8U, f91isbility, 0( ~ilabiily of this data for any , alher parow., u.s.. fur1harmore. the City of Clearwater PWA/E ~ ~ a&!Iumll& no ,abllty wl'lals09V&r assode/ad with the use or misfJse 1.40 13.12 ofsuchdm. ~ r-'--;;;, Fe 0. N ~ ~ < 1.03 W~E ~ - f---'- f..... --- -, ,... n 8 ~8~.---J . 200 "" , 200 ~ f-'lL- C ; 5 7.06 8 , '" --'--'" ~ 6~" JO'o,<,lt.# , RESIDENTIAL DISTRICTS ~ s.s e ;;;---- - LDR - Low DensIty Residential '~;,' \.- LMDR - low Medium Density Resldential ~ ~ , 5.60 ~ ;00''''' MDR - Medium Density Residential MHOR - Medium High Density Resldenlial n. ~ ~ . . HDR - HI~ Density Residential ~ . 9. " MHP - Mobile Home Palk CON5ERV~TJON CRNCOD - Coachman Ridge Neighbomood Conservation ~ ~ MDR ~ Overlay District ~ " IENCOD - Island Estates Nel~ Conservation .... ~6 P'- C>Yer1ay DIstrict MHP ,~ 0 '~JJ. . ..' " ~ . e CD -.1- COMMERCIAL DISTRICTS r---;;-, ~ ~ Il~{~~ f----;;;;- O-OftIce B ",7 ... ,,27 ~ 3 " If 1.24 T - Tourlsm ~. ..... " " ... ~ .: 6 ~:> ~.f .,. ............. , C - Commerdal .. " " ... " " .. '" .. '" " lIOfS! 0- Dotmtawn .. ........ .......... ,. -, I O. ..... 24~tbR~ ROAD SPECIAl USE DISTRICTS IRT -Indusbial, Research and Technology n ............. a, " ", I IIl!S) 1-lnstiIutulonal '00 M, , " , e 8" OSfR - Open SpacelReaeational r- EO ~ '" P - PreservaUon Area ~I,I f. . 'K ? 8 f'-- ...--. '----' 8m n 1.54 , ~O~--.J 0 . City ONned Property '" " '" ~ Agreement to Annex , ~ ~, J o~ . , '" .(( ))16 HI' ~ 8 " ~ ~ 0 ~ ~ I COUNTY HIGHWAY ~. . " ~ 3.37 '" ~ ~ , (0 ~ ~, , " ,~ . t''''' STATE HIGHWAY . 8 q ~ ~, " ~. ~ - ~"1"" GJ 4.47 , ~ ,.. . " '" ~ - U.S. HIGHWAY -. " " . '" r -, ", ... " '" .., .. c;- - ... .-r: " .{l(l0l(l L.l~5---l SUB NUMBER (. - Refer to Plat) 8 ('-~. ~''''7.1 ----! ... ... € (0 :;]" ,~ 7.37 BLOCK NUMBER " '"' ! ~ ,- 1.72 MRP Q SUB PARCEL NUMBER -'-. '" , CO ! -'=-- 8 PARCEL NUMBER (M&B) ? . I~"',\ € - , r l oft n. 1.79 LAND HOOK (COMMON OWNERSHIP) z > ~ . ~ PlATTED SUBDIVISION BOUNDARY -=- . --------- 0 ft ~ .-, --------- LOT OWNERSHIP LINE ""'- n. 0 '" ." ::::- i""--- 1.'.01' ORIGINAL PLATTED LOT LINE '" OS/R MH~ 8 " fL'!'-- .~ 1.72 Zoning Atlas I ~_. llJoO.lJOO ..~ ,.. '------ ~, " "dQI/0i' It ~ltJ," :I,"kl '\~hhl ", ~I .o~ I Jut 18, 2003 0" , '/ ' i;' ~ , s: ~: '!.-..." , , .. , " , "",:1 ~ , " " , , , " 'or " ~: ""'">~ ~ r- - --, '" 'u, 299B BURN ICE L!245S ~ '.;'00;. .. ,,~ .DRNE """ ... I " I " , 'c ""'r ";f--: c'" ~"I!! ~Im. ......[~ I; "J 1'.1 1~..'''''..J1..8 I ~ I ~ ~ I ~ . :::;;;) '8M EI~ ~.tl4! 2.14 ~' ~8 n 8 'n bl" " ! f--'-.- I-- 7T- <~ ~. I _, :::~ I' HOO'" ~~ I-=- -""- =- ...'..,.,...'.,....'.. . > ." .... " ~ ~I ... ...,.., l__. I, I I..' n;. J7 ~,; :) ::: s ~ i)) 18 ~J~ ~ ~ --:@" ~~ ~ ~ " "'A< " --2 ~ =--- '" ""'-- .".......'."... ~. ' =' t-'- G) -;;;-- :;;-'- , r-' 8 7.37 .... ~ ,.c.--- 8 I lle~1 / " : I ,---, 74073 '-- - --' , ~ o Ie NfRP D" ~ OS/R MHI! - ""'" "")Q11{;);' '." I~I:: I",I":I."I"I~I,, I" I" ~I" . ..1, ~.. D~/ ~ Sl"'~ " i~1 ~ ~ h ~[~"-'.h H '~ ~I~..vl ~ ~I ~~I ;~: !~: l~: ~:~t. ~ BURNJCE DAM 98 ~~'''~I r ~, " 4 '::. ~ .::'.~ I ~n~ ~ -'--= ~ ~ . - ~ c-'-- ~ <~ -=-'--- 8 8 ~ c ~~ ~ -;;;- ~ r-- ~ @;; ~ ~ --,;; " " c"'- ~ MDR ~ MHP ~. k Il:::t\'Ai.-fj' :' If , --, ~ L 24,~~l.bR~ 2~ ! r-- ~ E:Oe 1.64 ~ 15 lIOO i-$ -~ ~ 8 8 3.37 14 .".. J:1 '>'M ~ "6.. 0)$ O~ E>. 9 ---;;:;- f-----;::- ~< ~ ~ ~ ~ I f- _. --, ~O~--.J r"'" ...-- "1 L!8~--.J 9. ~ ~I I ~ e o 8" 8m -' '",,, q J'OW' ("""i" o ,-, L..!Z455 -..J ." .""~ / - 1- CD U'- 0\, ~"" ~ <0 ,,~. E r "",..." ""<>' c ~ Clearwater u~ PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING I GIS 100 S. Myrtlo Avo., Cloarwator, FL 33756 Ph.: (727)562-4750. Fax. (72T)526-4755 www.clearwater-fl.com Disclamer: Public informdon d.t. is fumish9d by 1"- Cly of C/alll'W8'lI( Public; Wo/kt AdrrWli.straJion/Englneering, and must be accepted IffId uaed by tha recipient with the understandinfJ/ttll/lhed8la received was coleded for the purpose of developing a graphic inlrB.t1IJclunl ;,""ntory. As .Iuch, the City of Clearwater PWAIE trntkes no wafTimtifls, 9XpfTI'sed or impWd, roIIcemi'lg /tie acclmIC)', compl9leness, r&liabilty, or suitabiity 0( thiii data for any rXhsr partiw., IIse. Furthermore, the City of Clalt(W8ll1f PWA/E a.uumes no ~ability wnat,oew, associated with the U99 or misuse ofsuchdeta. N WAE ~ Y200100 ,- "" RESIDENTiAl DISTRICTS LDR. Low Density Resktenlial LMDR. Low MedIum DensIty Residential MOR - Medium Density Residential MHDR - Medium High Density Residential HDR - Hlg. Density Residential MHP - Mobile Home Park CRNCOD - Coachman Rkige Neighbomood Conservation OvertayDlsbict IENCOD - Island Estates Neighborhood Conservation Ovef1ayDlslrict COMMERCIAL DISTRICTS 0-","", T - Tourism C - Common;aJ o - Downtown SPECIAL USE DISTRICTS IRT -Indualrial, Researdl and Tedlnology '.lnstItutulonal OSiR - Open Space/Reaeational p - Preservatlon Area . City Owned Property .It. Agreement to Annex ~ COUNTY HIGHWAY 8 STATE HIGHWAY 8 u.s. HIGHWAY , -, L. 1~5 ---1 SUB NUMBER r - Refer 10 Plat) E o BLOCK NUMBER G) SUB PARCEL NUMBER 8 PARCEL NUMBER (M'B) lAND HOOK (COMMON OWNERSHIP) ------ PLATTED SUBDIVISION BOUNDARY 8 ______ LOT OWNERSHIP LINE ORIGINAl PLATTED LOT LINE 1.72 Zoning Atlas Jul 18. 2003 299B ?i '" ~ CONSERVAT ION EASEIJENr Cl ,.; i ;! C (/) "' :l:: ::. ~ IX> ~ r-: !< '" 2 c" a; ~ ~ i 41/13 2 ~ r:. 1.24 Cl i 34 i 499.9 "' IIO(S)::' Cl i "' ::. "l IX> '" "" r ( 151,4 I 0 ; " lr 151,7 0 "' "' Cl 1E " 152.1 ~ m I' " \ <0 cD I' " 50 \ 1~2.5 rparcel Report for: 129 Close Window 18/29/16/80353/000/0030 @ Prooerty Aooraiser Municipality: Zening: Cemp.Land Use, Ac..._: TaR District: Yoter p...cinct: Fi... District: Euac Level: Cens.s Blode: Census Tract: Zipcode: within 7:JOft of Eagle Nest, within l:JOOft of Eagle Nest: o a 60 clearwater Not applicable Not applicable 2.931 CW 506 05 - Clearwater NON-EVAC DRUIDRD ~ c>> 250(S) 33764 NO 710.4 NO ,.'-l It:l i2 '" on Coo ... ;Z1O '" ~- o ~ tI> -I 45.5~ '" ;...~r..: U) n z ;:: o z ~ z '" 'I 0..9 t,- "' 2ND ST ~ o 2 ~ .2 ::. j- pl 3ROST <0 roO .. 124.9 z 112('5~ ~ :J: 100 Cl :I: U) ~ '" '!! :0 11.4(5) c (f) :J: ;;; :J: ~ -< cO 143(S} . 21<6' z ~j~ lq, .~ :z; ... SE1I1llEBLVD 0'" ~ .- 0'; 100 100 ,;. Pinellas County Property AWiser Information: 1829168035300_0 Page 2 of3 18 / 29 / 16 / 80353 / 000 / 0030 ZZ-Aug-Z003 JiM SMith, CFA Pinellas County Property Appraiser 13:Z9:Z1 Ownership InforMation Uacant Property Use and Sales SOUTH GATE PARK INC Z035 CROYDON DR CLEARWATER FL 33764-4719 COMparable sales value as Prop Addr: 0 of Jan 1, 2003, based on Census Trac t: Z54.04 sales froM 2001 - 2002: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/ IMp Plat InforMation 10/1.985 6.1 DO/Z. 194 Z5.000 (U) U 1985: Book 090 Pgs 059- 0 /0 01 0 0 ( ) 0000: Book Pgs - 0 /0 01 0 0 ( ) 0000: Book Pgs - 0 /0 01 0 0 ( ) 2003 Value EXEMPTIONS Just/Market: 7Z.500 HOMestead: 0 Ownership % .000 Historic : 0 Use %: .000 Assessed/Cap: 7Z.500 Tax ExeMpt %: .000 Other ExeMp t : 0 Taxable: 7Z.500 Agricultural: 0 2003 Tax InforMation Land InforMation D is t r ic t: CW Seawall: Frontage: Clearwater View: 03 Mi llage : Z3.0851 Land Size Unit Land Land Land Front x Depth Price Units Meth 02 Taxes: 1.688.60 1) 0 x 0 3.00 36. Z50. 00 S Special Tax .00 2) 584 x 150 ZOo 000.00 Z.OI A 3) 0 x 0 .00 .00 Without the Save-Our-HoMes 4) 0 x 0 .00 .00 cap, 2003 taxes will be : 5) 0 x 0 .00 .00 1.673.67 6) 0 x 0 .00 .00 Without any exeMptions, Total Land Value: 85.350 2003 taxes will be : 1.673.67 Short Legal SEUER PARK LOT 3 LESS E zoon Description Building Information http://www.pao.co.pinellas.fl.us/htbinlcgi-scr3 ?o= 1 &a= 1 &b= 1 &r=&s= 1 &u=O&p= 18+29+... 8/22/2003 ~ Pinellas County Property AP.ser Information: 18 29 16 80353 000.0 Page 3 of3 18 / 29 / 16 / 80353 / 000 / 0030 ZZ-Aug-Z003 JiM SMith, CFA Pinellas COunty Property Appraiser Vacant Parcel Property Use: 000 Land Use: 10 13:Z9:Z0 Vacant Extra Features Description DiMensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VA LU E : 0 Pinellas County Property Appraiser Parcel Information a~~k_l~S~aIdlJ?1!g~ An_~xplal1JljjJ)lLQfJbis._screen http://www.pao.co.pinellas.fl.us/htbin/cgi -scr3 ?o= 1 &a= 1 &b= 1 &r=&s= 1 &u=O&p= 18+29+... 8/22/2003 [ 18/29/16/00000/440/0410 ~,-}' VJ:I ProDertv AODraiser Municipality: Zoning: Comp.Land Use: Acreage: Tax District: Your Precinct: Fire District: Euac: Level: Census Block: Census Tract: Zipcode: within 750ft of Eagle Nest: within 1500ft of Eagle Nest: ~ =' Dimensions ~ D L:.-- Zoning D =' Address D L:.-- Site Plans D =' Parcel Lines. Black Color D =' Properly Values D =' Parcel Lines D -=' Comp Land Use Plan D.c.' Comp Land Use Plan Legend ~ -=' Parcel Polygons ~ g GRIDS ~ g EMERGENCY MANAGEMENT D =' 2000 Color Aerials ~ g CITIES - .: . :';',~7F:\;;;i:' - ~ Ta" Collector Pinellas County C-2- RU 0.423 CTF 506 05 - Pinellas County NON-EVAC 33764 NO NO _J r I I 0 ; '" lr 151.7 0 '" Ul Q if f'- 152.1 >- '" r- '" \ cD q$ r- '" \ 1'52.5 50 DRUID RD DRlJlD RD 400 0 on '" f< 't< r Ul ~ ~ ~ 2: ::> :',',>>,':'1"J" ",m;i',' <'.,it, :::}:t~IJ'" "'" :,!ieli,';;i""'''':;i:,' i:,' "I!l2I",i'jDbx;';';i~' '7' '~r~o.t;l: ,~,,,,:,::',,,, ,._~,,' 1-'"(-'''''-,''' "", ,', '" i CONSERVA1IQN EASEMENT' ~ ,.; J:: ;:'! C tj) Ul :l: ::> ~ ~ ~ 2: a; ~ :2. ~ 41/13 2: ~ ~ 1.24 (9 ~ i ~ 499,9 Ul 110(S)::> (9 i Ul DRUIDRcg ::. It> DRUID RD ,,; '" '" - 4 4/ 041 z 112('3~ ~ :I: ~ :I: U) => '8~.6 o It> 584,6 710.4 a 125.8 '" 259.7 2ND ST on Coo "" :2.<0 '" ;1Z- :2. o ~ tj) '"'45.5J:s,~ .", ,"! to ~ z ;:: o z ~ z => It:l ..; <0 '" c: (fJ :I: Q :I: ~ ;0 z <0 fO" ... 3ROST :z '" 12~.9 " 0..9 100 10? ~ 114(S) 143(5} SEVIllE BLVD 21<&, "')~ 1n llT,9 Jlli' 'l:i ... 01Xl ~'-" m l t.. PiTlellas County Property AP.ser Information: 18 29 16 00000 440.0 Page 2 of3 18 / 29 / 16 / 00000 / 440 / 0410 22-Aug-2003 JiM SMith, CFA Pinellas County Property Appraiser 13:30:50 Ownership InforMation SOUTH GATE PARK INC 2035 CROYDON DR CLEARWATER FL 33164-4119 COMparable sales value as of Jan 1, 2003, based on sales froM 2001 - 2002: o Plat InforMation 0000: Book Pgs - 0000: Book Pgs - 0000: Book Pgs - 2003 Value Just/Market: 3.600 Assessed/Cap: 3.600 Taxable: 3.600 2003 Tax InforMation District: CTF Clearwate r Fire 03 Millage: 22.9211 02 Taxes: 85.65 Special Tax .00 Without the Save-Our-HoMes cap, 2003 taxes will be : 82.54 Without any exeMptions, 2003 taxes will be : 82.54 Short Legal Description Uacant Property Use and Sales Prop Addr: 0 Census Tract: 254.04 Sale Date OR Book/Page Price (Qual/UnQ) Vac/IMp 0 /0 0/ 0 0 ( ) 0 /0 0/ 0 0 ( ) 0 /0 0/ 0 0 ( ) 0 /0 0/ 0 0 ( ) EXEMPTIONS HOMestead: 0 Ownership % .000 Historic : 0 Use %: .000 Tax ExeMpt %: .000 Other ExeMp t : 0 Agricultural: 0 Land InforMation Seawall: Frontage: View: Land Size Unit Land Land Land Front x Depth Price Units Meth 1) 184 x 100 20.000.00 .42 A 2) 0 x 0 .00 .00 3) 0 x 0 .00 . 00 4) 0 x 0 .00 . 00 5) 0 x 0 .00 .00 6) 0 x 0 .00 .00 Total Land Value: 4.200 PART OF SE 1/4 DESC AS FR NW COR OF LOT 3 SEUER PARK RUN E 400FT FOR POB TH E 184.6FT TH S 100FT TH W Building Information http://www.pao.co.pinellas.f1.us/htbinlcgi-scr3 ?o= 1 &a= l&b= 1 &r=&s=1 &u=O&p= 18+29+ ... 8/22/2003 ) Ptnellas County Property AWiser Information: 18 29 16 00000 44_ 0 Page 3 of3 18 / 29 / 16 / 00000 / 440 / 0410 ZZ-Aug-Z003 JiM SMith, CFA Pinellas COunty Property Appraiser Vacant Parcel Property Use: 000 Land Use: 10 13:30:50 Vacant Extra Features Description DiMensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Pinellas County Property Appraiser Parcel Information Back to Sean~hE.age AJL~](j2lanatiQn oCthis screen http://www.pao.co.pinellas.fl.us/htbin/cgi -scr3 ?o= 1 &a= 1 &b= 1 &r=&s= 1 &u=O&p= 18+29+... 8/22/2003 . . ,,~~~ "~~~L OF T/f(A~ ~~}.~~~~~ ..~' ~.~~')I/ . fi ~.~";l.~, S~ - - - .' .;::e ~r:: ===- ,...... \1("", -------= ~ \~ -==- ~. ~~ ~~l~TE~ ~~,~ ~~~.LO~ CITY OF CLEARWATER LoNG RANGE PlANNING DEVELOPMENT REviEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 January 20,2004 Mr. Keith A. Lawes Global Financial Investments, LLC 300 6th Street North, Suite 7 Safety Harbor, Florida 34695 RE: LUZ2003-08006 - Treetops at Druid 2525 Druid Road Dear Mr. Lawes; This letter is to inform you that on December 4, 2003 the City Commission approved the rezoning and the future land use plan amendment for property at 2525 Druid Road (LUZ2003-08006). In addition, on January 6, 2004 the Board of County Commissioners also approved the future land use plan amendment for this site. The City of Clearwater can issue approval for uses at this property permitted within the Residential Low Medium (RLM) and Preservation (P) Future Land Use Plan categories and the MDR, Medium Density Residential and P, Preservation zoning districts subject to the requirements of the Community Development Code. If you have further questions or need additional information, please contact me at 562- 4553. Thank you for your assistance in successfully completing this Rezoning and Future Land Use Plan Amendment application. Sincerely, ~ Marc A. Mariano Planner BRIAN J AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HUlBARD, COMMISSIONER * BiLl. JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTIO!\' EMPLOYER" . . I' .'#~~~LOF TN~ ~~~ ' .~~,\k ,- ,~--- o;:::c l'\ r::::::::::::::'- ""' ~~- ~ ~~ -==- ~ ~l~ C I T Y 0 F C LEAR W ATE R LoNG RANGE PlANNING DEVELOPMENT REvrEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUlWING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 August 25,2003 Mr. Keith A. Lawes Global Financial Investments, LLC 300 6th Street North, Suite 7 SafetyHarbor, Florida 34695 RE: Application for Annexation (ANX2003-08021) approval to permit one parcel of land, totaling 0.42-acres, into the City of Clearwater for a site at 2525 Druid Road, as well as for Zoning and Future Land Use amendment (LUZ2003-08006) approval to rezone two parcels of land, totaling 3.35-acres and containing ANX2003-08021, from the C-2, General Retail, Commercial and Limited Services District (County) and the 0, Office District (City) to the MDR, Medium Density Residential District (City) and amend the Future Land Use Plan from the Residential/Office General (RlOG) (City) Classification and the Residential Urban (RU) (County) Classification to the Residential Low Medium (RLM) (City) Classification. Dear Mr. Lawes: The Planning Department has reviewed your application for the Annexation (ANX2003-08021) and Land Use/Zoning amendment (LUZ2003-08006) for the site at 2525 Druid Road. After a preliminary review, staff determined that the application is complete. The applications has been entered into the Department's filing system and assigned the case numbers: ANX2003-08021 and LUZ2003-08006. 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 you a representative 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. 9/18/03 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 Avenue in Clearwater. The case will be forwarded to the Community Development Board when it is deemed sufficient. BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER * BIU]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER" . . .r August 25,2003 Keith Lawes - Page Two 10/21/03 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 Avenue 11/20/03 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 12/4/03 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 Avenue For the Land Use and Zoning amendment portion only: 12/17/03 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. 1/6/04 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. If you have any questions, please do not hesitate to contact me at 727-562-4553. Sincerely, 4U~ Marc A. Mariano Planner S:\Planning DepartmentlC D EILand Use AmendmentslLUZ 2003\LUZ2003-08006 Tree Tops at Druid 2525 Druid Road1LUZ2003-08006 and ANX2003-08021 complete ltr.doc . STATE OF FLORIDA o E PAR T MEN T 0 F CO M M U NIT Y A F F A IRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor HEIDI HUGHES Interim Secretary March 11,2004 ~ . ,.., 'I ""l.!.<~~, ~j Ms. Gina Clayton Long Range Planning Manager City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 _."" "--<.n MAR' -'. (.' "'ln4 !J !.UlJ ~"-' ~ ,~ ,. Dear Mr. Clayto~ Thank you for submitting copies of the City of Clearwater Small Scale Development Plan Amendment adopted by Ordinance No.'s 7205-03 and 7207-03 on December4, 2003 for our records. The reference number for the amendment is City of Clearwater 03-S7. The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendments in accordance with procedures contained in Section 163 .3187(3)(a), Florida Statutes. If you have any questions, please contact me for the DRI and Plan Processing Section at (850)922-1767. Sincerely, cW.~f'~ D. Ray Eubanks, Administrator Plan Review and Processing DRE\dj cc: Manuel Pumariega, Executive Director, Tampa Bay RPC 2556 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 Hghway, Suite 212 Mara1hon, FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak BouIeYard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard TaDahassee, FL 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 486-7956 AtCCC~~ "V~~~LOF rJttjt~ .~ ':..\ ~..(-'PT""...,c;7~,"" .~"'.'~~'I ~.. .~~';<. ~..~~.(~-!; 'ilIlII.' l\ ~ ...... \,/ ;>, · ll\ ll\~~-=_. oo::::(~ ..r::~ -- ~~ ..;.~~-=- . ~~, ':.Y.L\'to,.-. r--'~ -':rll;';-~J.(jt.' ~. ~\' ~ rJl'JlTEo (V1~ -.......,'"'J.Ln'f"... 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 Planning 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-ll, 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 of 2003, 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 0.3 8 acres 3.3 5 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 BRIAN J AUNGST, MAYOR-COMMISSIONER HoYr &>"jILTON, VICE MAYOR-COMMISSIONER WIlITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRlvlATIVE ACTION EMPLOYER" Councilmember Bill Foster, Chairman Councilmember Hoyt Hamilton, Vice-Chairman Councilmember Sandra L. Bradbury, Treasurer Mayor jerry Beverland, Secretary Councilor Pete Bengston Mayor Beverley Billiris Mayor Robert H. DiNicola Commissioner Bob Hackworth Mayor Robert E. jackson, Ph.D. School Board Member Linda S. Lerner Commissioner Deborah L. Martohue Commissioner john Morroni Commissioner Nadine S. Nickeson e 600 Cleveland Street, Su ite 850 · Clearwater, Florida 33755-41 60 Telephone 727.464.8250 · Fax 727.464.8212 · www.co.pinellas.fl.us/ppc March 18, 2005 Mayor Frank Hibbard City of Clearwater P.O. Box 4748 Clearwater, FL 33756-4748 Dear Mayor Hibbard: _ 6/rn +t~ Wz 2aJL) {jg(fJp COUNCIL. MEMBERS David P. Healey, AICP Executive Director The Pinellas Planning Council considered at public hearing on March 16, 2005, one application from the City of Clearwater for amendment of the Countywide Future Land Use Plan. The Council recommended approval of Case CW 05-11, as noted on page 1 of the accompanying agenda memorandum. This amendment will be considered, including the recommendation of the PPC, by the Board of County Commissioners, in their capacity as the Countywide Planning Authority (CPA), on April 5, 2005, at 9:30 a.m. Thank you and your staff for your assistance in the coordination of our countywide planning process. Sincerely, ~~~~ ~ - - -- -- ". - Councilmember Bill Foster, Chaiiman Pinellas Planning Council Attachment: Case Report cc: Councilmember Hoyt Hamilton, Pinellas Planning Council Representative William Home, City Manager Cyndi Tarapani, Planning Director PLANNING FOR THE PINELLAS COMMUNITY /e e , PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM . '- ~ I AGENDA ITEM: N B-3. I I MEETING DATE: March ]6,2005 ] SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential Suburban - RS To: Residential Low - RL Area: 4.3 acres CASE #: CW05-11 JURISDICTION: City of Clearwater (LUZ2004-08006) LOCATION: Generally located east of25191 US Highway 19 N., southeast of the intersection of Chautauqua A venue and Third A venue. TYPE: Level I-Type C Subthreshold Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (LA & B), Recommend to the Countywide Planning Authority That The Proposed Level 1 Subthreshold Amendment to Residential Low Be Approved Pursuant to the Official Acceptance Process. L FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for Level 1 subthreshold amendments of the Countywide Plan Map. PINELLAS PLANNING COlJNCIL ACTION: The Council recommended approval of the amendment from Residential Suburban to Residential Low. (Vote 11-0) I COUNTYWIDE PLANNING AUTHORITY ACTION: I 1 F:IUSERSI WPDOCSILUICASESIOS caseslMarch IReportsICW05-11.c1w.doc . COUNCIL MEMBERS 600 Cleveland Street, Suite 850 · Clearwater, Florida 33755-4160 Telephone 727.464.8250 · Fax 727.464.8212 · www.co.pinellasJl.us/ppc F ebruaty 18, 2005 Councilmember Bill Foster, Chairman Councilmember Hoyt Hamilton, Vice-Chairman Councilmember Sandra L. Bradbury, Treasurer Mayor jerry Beverland, Secretary Councilor Pete Bengston Mayor Beverley Billiris Mayor Robert H. DiNicola Commissioner Bob Hackworth Mayor Robert E. jackson, Ph.D. School Board Member Linda S. Lerner Commissioner Deborah L. Martohue Commissioner john Morroni Commissioner Nadine S. Nickeson LA SALLE REALTY, INC. c/o Mr.~. D. Artnstrong,}II . ........ .... ... Johnson, Pope, Bokor, Ruppel &, Binns, LLP P. O. Box 1368 Clearwater, FL 33757-1368 David P. Healey, AICP Executive Director Re: Case CW 05-11 Dear Mr. Armstrong: A copy of the Council's recommendation from its March 16,2005 meeting to approve the amendment is enclosed for your information and records. This is to notify you that, pursuant to County Ordinance No. 96-23 establishing procedures for public hearing, the recommendation of the Pinellas Planning Council to be considered by the Countywide Planning Authority on April 5, 2005, in the above referenced matter is available for your inspection. If you have any questions,. please~ call ine~-. Sincerely, d-~ ~vid P. Healey, AICP Executive Director cc: Cyndi Tarapani, Planning Director City of Clearwater PLANNING FOR THE PINELLAS COMMUNITY Fe . " PINELLAS PLANNING COUNCIL , AGENDA MEMORANDUM " '- ..... I AGENDA ITEM: IV B-3. I I MEETING DA TE: March ]6,2005 I SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential Suburban - RS To: Residential Low - RL Area: 4.3 acres CASE #: CW05-11 JURISDICTION: City of Clearwater (LUZ2004-08006) LOC4TION: Generally located east of25191 US Highway 19 N., southeast of the intersection of Chautauqua A venue and Third Avenue. TYPE: Level I-Type C Subthreshold Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (LA & B), Recommend to the Countywide Planning Authority That The Proposed Level 1 Subthreshold Amendment to Residential Low Be Approved Pursuant to the Official Acceptance Process. L FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for Level 1 subthreshold amendments of the Countywide Plan Map. PINELLAS PLANNING COUNCIL ACTION: The Council recommended approval of the amendment from Residential Suburban to Residential Low. (Vote 11-0) I COUNTYWIDE PLANNING AUTHORITY ACTION: I 1 F:\USERS\ WPDOCSILUICASES\05 ='March IReports\CW05-11.c1w.doc . COUNCIL MEMBERS 600 Cleveland Street, Su ite 850 · Clearwater, Florida 33755-41 60 Telephone 727.464.8250 · Fax 727.464.8212 · www.co.pinellas.fl.us/ppc March 18,2005 Councilmember Bill Foster, Chairman Councilmember Hoyt Hamilton, Vice-Chairman Councilmember Sandra l. Bradbury, Treasurer Mayor Jerry Beverland, Secretary Councilor Pete Bengston Mayor Beverley Billiris Mayor Robert H. DiNicola Commissioner Bob Hackworth Mayor Robert E. Jackson, Ph.D. School Board Member Linda S. Lerner Commissioner Deborah l. Martohue Commissioner John Morroni Commissioner Nadine S. Nickeson David P. Healey, AICP Executive Director LA SAl,~~ RE~TY, LI-,G 25191 U. S.-Hlghway 19 N. Clearwater, FL 33763-2102 Re: Case CW 05-11 To Whom This May Concern: A copy of the Council's recommendation from its March 16,2005 meeting to approve the amendment is enclosed for your information and records. This is to notify you that, pursuant to County Ordinance No. 96-23 establishing procedures for public hearing, the recommendation of the Pinellas Planning Council to be considered by the Countywide Planning Authority on April 5, 2005, in the above referenced matter is available for your inspection. _. !f'.y~~ ~~~~ anY'l!l~sti~n~'llle~se ca1! me.____ ___ - - - -- - - - ,-- Sincerely, ~~f"r David P. Healey, AICP Executive Director cc: Cyndi Tarapani, Planning Director City of Clearwater PLANNING FOR THE PINELLAS COMMUNITY /' e " e PINELLASPLANNING COUNCIL AGENDA MEMORANDUM '- .... I AGENDA ITEM: IV B-3. I I MEETING DA TE: March 16, 2005 I SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential Suburban - RS To: Residential Low - RL Area: 4.3 acres CASE #: CW05-11 JURISDICTION: City of Clearwater (LUZ2004-08006) LOCATION: Generally located east of25191 US Highway 19 N., southeast of the intersection of Chautauqua A venue and Third Avenue: TYPE: Level I-Type C Subthreshold Map Amendment RECOMMENDA TION: Council, Based on Accompanying Findings (LA & B), Recommend to the Countywide Planning Authority That The Proposed Level 1 Subthreshold Amendment to Residential Low Be Approved Pursuant to the Official Acceptance Process. L FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for Level 1 subthreshold amendments of the Countywide Plan Map. PINELLAS PLANNING COUNCIL ACTION: The Council recommended approval of the amendment from Residential Suburban to Residential Low. (Vote 11-0) I COUNTYWIDE PLANNING AUTHORITY ACTION: I 1 F:IUSERSI WPDOCSILUICASESI05 caseslMarch IRcpor1sICW05-II.cJw.doc EIP-' PINE!AS .. PLANNING ~ COUNCIL ~. .-~ " p, . ....-- 6htt , , t- R 2 '2 2{'r ., .------"- 'r: .>'JCS AGENDA ACTION SHEET RESULTS OF THE MEETING OF WEDNESDAY, MARCH 16,2005 I. CALL TO ORDER - At 9:02 A.M. by Councilmember Bill Foster, Chairman A. Invocation and Pledge - Led by Mavor Jerry Beverland B. Identification of Members Present - Acknowledgement of Members in Attendance II. CONSENT AGENDA A. Minutes of February 16,2005 Meeting - Approved B. Financial Statement for February, 2005 - Approved III. REPORTS AND OTHER ACTION A. Countywide Planning Authority Actions - March - Received/Discussed B. Annexation Report - February - Received/Discussed C. Wireless Facilities Study - Final Draft -Approved/Authorized Distribution D. Countywide Rules Five- Year Update - Discussion Outline - Discussed/Authorized Drafting of Ordinance for April 20, 2005 PPC Meeting IV. PUBLIC HEARING A. Public Hearing Format Announcement and Oath B. Proposed Amendments to the Countywide Future Land Use Plan Group 1: Subthreshold Amendments 1. Case CW05-9: PinelIas County - Recommended approval from Recreation/Open Space to Residential High 2. Case CW05-10: City of Pine lIas Park - Re-advertisedfor April 20, ~005PPC Meeting 3. Case CW 05-11: City of Clearwater - Recommended approval from Residential Suburban to Residential Low 4. Case CW 05-12: PinelIas County - Recommended approval from Residential Urban to Residential/Office Limited Group 2: Regular Amendments 5. Case CW05-8: City of St. Pete Beach- Recommended approval to Community Redevelopment District 6. Case CW 05-13: PinelIas County - Recommended approval from Residential Low to Residential/Office Limited ..... ... . . C. Countywide Plan Update - Approved PPC Resolution No. 05-1 approving and transmitting the Updated Countywide Plan to the Countywide Planning Authority for adoption V. EXECUTIVE DIRECTOR ITEMS A. Economic Development and Redevelopment Plan - Summit Follow-up - ReceivedJDiscussed B. Strategic Plan Workshop: Follow-Up - ReceivedJDiscussed C. Work Program and Budget Schedule for F.Y. 2005-2006 -Discussed/Approved Schedule D. Legal Memorandum Re: "Contiguity" as Applied to Annexation - ReceivedJDiscussed ~.. ____~"_R-Chact.er--Rev_iew-COmmission-=-StatusReport=ReGeived-n__ F. Preliminary April Agenda - Received! Approved G. Verbal Reports - David Healey referred to back up materials provided to members and pointed out that the legal input requested of outside legal counsel regarding Innisbrook has not been received in time for this month's meeting. It is anticipated that the matter will be ready for discussion at the April 20, 2005 PPC meeting. VI. OTHER COUNCIL BUSINESS A. Chairman/Member Items - Chairman Foster offered congratulations to Pinellas County School District Class 4A Men's Basketball State Champions Lakewood Spartans and Class 5A Runner Up Clearwater Tornadoes! B. Correspondence 1. January - Received 2. February - Received VII. ADJOURNMENT - Meetingadlourned at 11 :35 a.m. ---~------"-'--'--:~------~-----'--------'--------_.- F:\USERS\WPDOCS\PPC Mtg Items\REGITEMS\AGENDAS\ACTION SHEET MAR 05.doc NOTICE OF Z!mG AND LAND USE PLAN LNDMENT PUBLIC HEARING The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7382-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CORRECTING ORDINANCE NO. 7205-03; SUBSTITUTING A NEW MAP SHOWING CORRECT FUTURE LAND USE MAP CLASSIFICATIONS; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7383-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CORRECTING ORDINANCE NO. 7206-03; SUBSTITUTING A NEW MAP SHOWING CORRECT ZONING CLASSIFICATIONS; PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearings: Thursday, March 3,2005 before the City Council (lst Reading), at 6:00 p.rn. Thursday, March 17, 2005 before the City Council (2nd Reading), at 6:00 p.rn. All public hearings on the ordinances will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. (Tree Top at Druid) Interested parties may appear and be heard atthe hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. An oath will be administered swearing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL 33756, or call (727) 562-4567. Gina Clayton Planning Department Cynthia E. Goudeau, CMC City Clerk City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 02/20/2005 ! . . ORDINANCE NO. 7206-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF METES AND BOUNDS 44/041 IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD UPON ANNEXATION INTO THE CITY OF CLEARWATER AS PRESERVATION (P) AND BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF A PORTION OF LOT 3, SEVER PARK, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, FROM OFFICE (0) TO MEDIUM DENSITY RESIDENTIAL (MDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas 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 following described property 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 Land Use Cateqorv See legal description attached as Exhibit "A" (LUZ2003-08006) To: Preservation (P) Section 2. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Propertv Land Use Cateqorv See legal description attached as Exhibit "B" (LUZ2003-08006) From: Office (0) To: Medium Density Residential (MDR) and Preservation (P) Section 3. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7205-03 by the Pinellas County Board Ordinance No. 7206-03 ! . . of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. PASSED ON FIRST READING November 20, 2003 PASSED ON SECOND AND FINAL READING AND ADOPTED December 4, 2003 Approved as to form: Attest: ~. ": 7.,. JjwP ~.(b 0. Cynt i E. GOJ,Ldeau City k ..- . 2 Ordinance No. 7206-03 . e COMMENCE AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA; THENCE N.Ol"03'04"E. A DISTANCE. OF 1 093.27 FEET ALONG THE EAST BOUNDARY OF SAID SECTION 18, ALSO KNOWN AS THE CENTERLINE OF U.S. HIGHWAY No. 19; THENCE N.89"19'03"W. A DISTANCE OF 300.01 FEET; THENCE N.Ol"03'04"E. A DISTANCE OF 100.00 FEET; THENCE N.89"19'03"W. A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE N89"19'03"W. A DISTANCE OF 184.60; THENCE N,Ol"22'22"E. A DISTANCE OF 100.01 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DRUID ROAD; THENCE S.89"19'03"E. A DISTANCE OF 184.60 FEET ALONG SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF . WAY LINE S.01"22'22"W. A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" . e \ LEGAL DESCRIPTION LUZ2003-08006 . LOT 3 LESS THE EAST 200 FEET, SEVER PARK, AS RECORDED IN PLAT BOOK 90, PAGE 59, PUBLIC RECORDS OF PINELLAS COUN TY. FLORIDA EXHIBIT liB" e . 630 700 2S CI) 710 CI) ~ 720 :>:: 'XI '" '" 730 0 '" '" ... ... " " , , , , L......' L~ CI.j MDR :~:-J CJ~J !~~~?C: ,. -..... -, , , ' - -, I . ~ ~ ...: ~~t~~ f) :.:,):'~"-j [:JC~] /.J.".".TJ:] ~", ~:--::-I__~- :': I I, I I \ -.. -... '-.. - -. ',- , , , ------.~I , , , l.,_~' _! ~~~"~4:rrp:".': 1.Ufl.A 1__ , .' /.~! ~ .=: :".: :'; ("~:: ; '---' '-' ,- - ~ '. , , , . \..' l,.. : .. ..- -~- :,'-: ~ -. ,): :=..~ ~-__ .,-, 1---" I ,I ..I I I :.,-' :_'-_: ~___'~ ;".""":: ~:..-\,"f-:,~.,~,~ir.~.~,: C~ C] C\/J ~:: ~--.........--~ :,.", -,: ,:. ". ."' -1__.- ':__,-~:-~ Zoning Map Owner: South Gate Park, Incorporated Site: 2525 Druid Road Land Use Zoning From: R/OG & RU Case: ^ ~_h"C : .20258 , , I. _ _ _ _. _ _I. __ , ,-" - - _, I I -. I , , I I., -'- _ ~ .' I 20162 c'. LUZ2003-08006 3.35 20332 :20228 20060 Congo RIver Golf 20000 RLM o & C2(County} PIN: 18/29/16/00000/440/0410 18/29/16/80353/000/0030 To: MDR Atlas Page: 299B Ordinance NO. 7206-03 . 1f{JU-r~ ORDINANCE NO. 7205-03 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 ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF METES AND BOUNDS 44/041 IN SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS PRESERVATION; AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD, APPROXIMATELY 400 FEET WEST OF U.S. HIGHWAY 19, CONSISTING OF A PORTION OF LOT 3, SEVER PARK, WHOSE POST OFFICE ADDRESS IS 2525 DRUID ROAD, FROM RESIDENTIAUOFFICE GENERAL TO RESIDENTIAL LOW MEDIUM AND PRESERVATION; 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 Clearwat~r is amended by designating the land use category for the hereinafter described property as follows: Propertv Land Use CateQorv See legal description attached as Exhibit "A" (LUZ2003-08006) To: Preservation Section 2. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Propertv Land Use CateQorv See legal description attached as Exhibit "B" (LUZ2003-08006) From: Residential/Office General To: Residential Low Medium and Preservation Ordinance No. 7205-03 . . Section 3. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance with Chapter 163.3184, F.S. PASSED ON FIRST READING Nnvpmnpr 70,7001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Attest: 2 Ordinance No. 7205-03 . . COMMENCE AT THE. SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY FLORIDA; THENCE N.01'03'04"E. A DISTANCE OF 1093.27 FEET ALONG THE EAST BOUNDARY OF SAID SECTION 18, ALSO KNOWN AS THE CENTERLINE OF U.S. HIGHWAY No. 19; THENCE N.89'19'03"W. A DISTANCE OF 300.01 FEET; THENCE N.Ol'03'04"E. A DISTANCE OF 100.00 FEET; THENCE N.89'19'03"W. A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE N89'19'03"W. A DISTANCE OF 184.60; THENCE N.Ol'22'22"E. A DISTANCE OF 100.01 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DRUID ROAD; THENCE S.89'19'03"E. A DISTANCE OF 184.60 FEET ALONG SAID RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE S.01'22'22"W. A DISTANCE OF 100.01 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" . . \ LEGAL DESCRIPTION LUZ2003-08006 LOT 3 LESS THE EAST 200 FEET, SEVER PARK, AS RECORDED IN PLAT BOOK 90, PAGE 59, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA EXHIBIT "B" . .---CG-: RU ., ., .. '" ~ ~ , , , L _ __ _.1 r---c.:: [-j__J . , , I. _. _. _ _. _ _ _ _ _.. _ _ _ a._. _. _ _ _ _ _ _ _ _ _ _ _ _. _ _ _.. R/OG DRUID RD RLM :~:~~: :~~}~:j i~)Ci - -., ,- -" -. I' II' I .-1" I I "I I .'1__' .r:cJ r) :~.:~{~j ::::<> rJ...-J CJ:] --, ---I . ~_.:~ - ~ r------Ff- -- . LM : . ___4,____ .._ !) /J--~ :.:: :--::'; C.>.-: . "._ .r_, '---a [,../~:--(::.~ :.'_: :-,J :__.'~ ,---I '. - -, ()(~. L'.~_-!,!) C)C~] . . - -. ,. -., : -~- ~""., , : :; I 1 . lw _: '_.," I.a -_.. ~ Future Land Use Map Owner: South Gate Park, Incorporated Site: 2525 Druid Road Land Use Zoning From: R/OG & RU Case: To: MDR o & C2(County) PIN: RLM Atlas Page: - ~ : _,~ ) 1_.1 - -.........- - ~ :._ 1-~: -- ~ 20332 - - - - -,,' - - - -. I' - , ....------, , , , ,:;0258 , , o , 1:10228 ., -----1 OG ,- 20162 20060 Congo Riuer Golf <.'. 20000 LU Z2003-08006 3.35 18/29/16/00000/440/0410 18/29/16/80353/000/0030 299B Ordinance No. 7205-03 . . UJ /}11i 01Ju0Le PINELLAS COUNTY BOAR....D OF COUNTY COlV1MISSIONE~S PHONE (727) 464-3276 . FAX (727) 464-3022 . 315 COURT STREET. CLEARWATER, FLORIDA 33756 SUSAN LA TV ALA COMMISSION~R January 6,2004 JMI~ ~ tJ lU04 The Honorable Brian Aungst, Mayor City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Mayor Aungst: At its January 6, 2004 meeting, the Board of County Commissioners, acting as the CPA, took action to approve Cases #CW 03-82 and #CW 03-83, which were initiated by your City. The Ordinance associated with these actions is attached. Sincerely, ~ SUSAN LATVALA Chairman Pinellas County Commission Attachment cc: Cyndi Tarapani, Planning Director CPA\Corresp.ck.pg 4 "PINELLAS COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER" .~ f.." PRINTED ON RECYCLED PAPER . . ORDINANCE NO. AN ORDINANCE AMENDING THE COUNTYWIDE FUTURE LAND USE PLAN OF PINELLAS COUNTY, FLORIDA, BY ACTION ON CASE NUMBERS CW 03-82 AND CW 03-83 INITIATED BY THE CITY OF CLEARWATER AND TRANSMITTED TO THE BOARD IN ACCORDANCE WITH THE SPECIAL ACT; PROVIDING FOR AMENDMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING OF THE ORDINANCE AND FOR AN EFFECTIVE DATE WHEREAS, proposed amendments to the Countywide Future Land Use Plan, which is an element of the Countywide Comprehensive Plan of Pinellas County, Florida, have been presented at a public hearing to the Board of County Commissioners in their capacity as the Countywide Planning Authority; and WHEREAS, notices and advertisements of public hearings have been accomplished as required by Chapter 73-594, Laws of Florida, as amended; and WHEREAS, procedures of the Special Act and County Charter have been followed concerning the Pinellas Planning Council and the Countywide Planning Authority for proposed amendment to the Countywide Future Land Use Plan; and WHEREAS, the City of Clearwater initiated proposed amendments which were considered at a public hearing by the Pinellas Planning Council on December 17, 2003, with recommendation made by the Council that is documented in the Council report referred to as Attachment A; and WHEREAS, the Board has conducted a public hearing and taken action that is documented by ordinance for approvals or partial approvals and partial denials and by resolution for denials, with both documents including the relevant Council reports as attached. . . NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida, acting as the Countywide Planning Authority in regular meeting duly assembled on January 6, 2004, as follows: Section 1 - Amending the CountyWide Future Land Use Plan The Countywide Future Land Use Plan for Pinellas County adopted in Section 3(a) of Ordinance 89-4 is amended to reflect the change adopted as follows: #CW 03-82 3.4 acres located on the south side of Druid Road and approximately 600 feet west of U.S. Highway 19, from Residential Urban and Residential/Office General to Residential Low Medium and Preservation. #CW 03-83 1.3 acres located on the northeast comer of Highland Avenue and Belleair Road, from Residential/Office General to Commercial General. Section 2 - Severability If any Section, Subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by a Court of Competent Jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Section 3 - Filing of Ordinance; Effective Date A certified copy of this ordinance shall be filed with the Secretary of State with the Ordinance and Attachment "A" to be filed with Clerk of the Circuit Court. This Ordinance shall take effect upon filing with the Department of State. i . ,. . /. . " PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM \. ...... I AGENDA ITEM: IV B-4. I MEETING DATE: December 17,2003 SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential Urban - RU (0.4 acres) and ResidentiaVOffice General- RiOG (3.0 acres) To: Residential Low Medium - RLM (0.9 acres) and Preservation - P (2.5 acres ) Area: 3.4 acres CASE #: CW03-82 (LUZ2003-08006) JURISDICTION: City of Clearwater LOCATION: South side of Druid Road, approximately 600 Feet west of US Hwy. 19 TYPE: Level I-Type C and Type E Subthreshold Map Amendment RECOMME~NDATION: Council, Based on Accompanying Findings (LA & B), Recommend to the Countywide Planning Authority That The Proposed Level 1 Subthreshold Amendment to Residential Low Medium and Preservation Be Approved Pursuant to the Official Acceptance Process. L FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for Level 1 subthreshold amendments of the Countywide Plan Map. PINELLAS PLANNING COUNCIL ACTION: The Council recommended approval of the amendment from Residential Urban and ResidentiaVOffice General to Residential Low Medium and Preservation. (Vote 12-0) COUNTYWIDE PLANNING A UTHORITY ACTION: 1 I :IUSERS' WPDOCS\LUlCASESIO; taSCS\Deccm be-'-J\cponsICW03-82 ,clw,doc SUBJECT: Case #CW03-82 - Clearwater B. In particular, this amendment qualifies as a "Levell - Type C" subthreshold amendment, based on a portion of the amendment being less than ten (10) acres in size that.involves a residential plan designation that permits a density of ten (10) units/acre or less. The amendment also qualifies as a "Level 1 - Type E" subthreshold amendment because the remainder of the site is being changed to the Preservation plan category. Therefore, this amendment is eligible for approval under the official acceptance process. In consideration of and based upon these findings, it is recommended that the proposed amendment be approved. II. BACKGROUND This amendment has been submitted by Clearwater to the Council for Official Acceptance in accordance with the Countywide Rules. The amendment will allow for a 0.9-acre portion of the site to be developed with up to nine townhomes. The remaining 2.5 acres will be preserved as wetlands. Parcel ID#: 18/29/16/00000/440/0410 18/29/16/80353/000/0030 Existin2 Use: Vacant Proposed Use: Tree Tops at Druid Townhomes and preservation area Subthreshold Type - "Levell-C" Section 5.3.4.1 of the Countywide Rules defines a Levell - Type C subthreshold amendment as an amendment of ten (10) acre or less that involves a residential plan designation that permits a density of ten (10) units/acres or less. Levell - Type C subthreshold amendments are subject to an annual aggregation limit of thirty (30) acres. When combined with previous amendments, Clearwater's subthreshold amendment total for the year 2003 is 3.6 acres. Subthreshold Type - "Levell-E" Section 5.3.4.5 of the Countywide Rules defines a Levell - Type E subthreshold amendment as an amendment of any size to the WaterIDrainage Feature, Recreation/Open Space or Preservation plan categories, except from Preservation to Recreation/Open Space, which shall be considered as a Level 1 - Type B subthreshold amendment. The amendment proposes to change 2.49 acres now designated Residential Urban and Residential/Office General to Preservation. . 2 SUBJECT: Case #CW03-82 - Clearwater . Subthreshold Amendment 'Review Policy It is the policy of the Council, consistent with the purpose, procedure and threshold determinants of the Countywide Rules, that subthreshold amendments will be removed from the official acceptance procedure only for substantive reasons related to the Countywide Plan and Rules. Local Government Transmittal On November 20, 2003, the Clearwater City Commission, acting as the applicant local government, gave approval to amend the City's Future Land Use Map and authorized an application for amendment of the Countywide Plan Map. Planners Advisory Committee The PAC determined that they would not take any action on this subthreshold amendment since there were no issues to be brought to the attention of the Council. (See draft PAC minutes, Attachment 3.) IlL LIST OF MAPS & ATTACHMENTS Map I Location Map 2 Countywide Plan Category & Jurisdictional Map - Black & White Map 3 Aerial - Black & White Map 4 Countywide Plan Category - Color Map 5 Proposed Plan Category - Color Attachment I PPC Disclosure of Interest Form Attachment 2 Local Government Transmittal Package Attachment 3 Draft PAC Minutes 3 1 . ""i,(;"sa-. ,., "', "'-, PASCO COIINn' ,. . "'"'' "C" ..,': ~~.''''' / :r:""" ';; ;:;'c " / ".J;!~' -rrf~~ \ . .'.t'~(~ l~::~i;i~~ ~ :;:"l~ : ~)>jf' I ; % i\;"2'~~f,~~\; i i ,. ">" ..,>,,? ' i ' ' ii'1( :;: .' ........:..'.'>.'Cr~?f) ! T~;_'-~ , .'..',~ ',':::,i:/ I t'--'t> ,:,.;:.;,:' ,,~~I I !~" ..>.",:J/ I il~,::. ~ f~ ,,""'Wi fo" ,::') S"T G},' .,,..' ~' "I .:.;, ,': '., '" .. ....;:j~ -, --I.J[ ~~'~:~>~ .;:, .~': I ~;; '~_ .... "";'..,,.., , , , ::;\;~'!2! ""'TO."O"" I~...I ~T>C' ". "'C""".,': .....,/ SUBJECT AREAl " , ,. c" ,..,./.. " , -[X" ..', ..' ";;",,.:.,2 ." "".',,".' .. ,. c,",c,)";'::' r! ASTO"'" .' 4': ". ! 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CW03-82 ~ ~ PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF THE PINEll.AS COUNTY PROPERTY APPRAISER, JIM SMITH Produced by MEDIT \'2,1, Copyright] 99] ,1992 Pinellas County, Florida Property Appraiser, All Rights Reserved, GULF TO BAY BLVD C CG w CG > c: Cl CG CG R RU T/U w =' RLM CG z w > < .---------- --..--------, - - Vl Vl < , CONSERvATION ...S.e:M(NT RU 0- , ~ R/OG III , , DRUID ROAD i , ! R/~G i R/OG P l.l I c " W i I a: ...J I ...J :;; RU RLM e z w Cl I w T)U I I I .'V ! CG P RLM R/OS CG RH RM w =' Z W > < w =' Z W > < w =' Z ---- W > < R/OG CG RLM i : BURNICE I I I i j RU~ .: .1 TY. U: I : DRIVE i I r' t---- w I , =' . I, ---- Z ( I ) ~ T/~U ~ I ,: \ r---- < ----r--- I; i: I: / !: i' I :t~-- MAP 2 PROPOSED AMENDMENT CASE NO. CW03-82 FROM: Residential/Office General TO. Residential Low Medium (RLM) (R/OG) .. . Residential Urban (RU) Preservation (P) 1~'1i::}"~f;:~;(iil CITY OF CLEARWATER ACREAGE: 3.4 ~ SCALE: 1" = 400' ~ PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF PINELLAS COUNTY PROPERTY APPRAISER. JIM SMITH GRAPHICS CREATED USING MEDlT VERSION 2.1 @ ~~:~'~~,~~:~.~<~ : ... ......'.... I. ~,~,:+l7['{ ~""'~. I T !~~~i~i"~~,,::;'"!U ....y..."'.......h_. .,p ."'r: . ~?'....:~:;..-~',if;t~.-....:: I...., .j> . ..} , ... ...:{ ~!;;ltri.3~tf~si,7~ . ._~. .. ::. - " CASE NO. CW03-82 MAP 3 N -. NOT TO SCALE D=ENTlAL YIXED USE COYWERew. PUBJJC/SDlI-PUBLlC R!:SIDENTlAL COlOlDlClAL LOW lIEDiUJII NEIGHBORHOOD PRESERVAnON R!:SIDENTlAL COMllEllCIAL ~gusnw !IlEDlUlI LOOTED R!:SIDENTlAL COlOlERCIAL BlGlI IlECRE&TION INSTITllTIONAL R!:SIDEN'I'IAL COlOlERCIAL ~R'UTlON/ VERY BlGH GENERAL TO: Rut RI:SIDENTlAL LOW JIElllUll INDUSTRIAL INDVS'I'RlAL UMITED INDUSTRUL [. GE.~ _ ( S~. ) SPIClAL...DESlGNATlaN l.';~ ~~'GE .. nATURE ~ SCENlC/ lloll-Cblll(ERClAl. CORRIDOR ~ ACTIVITY CEIlTER/. PIlDWIY SECONlWlY coMlllUNrl'Y REDEVELOPWEIlT DISTRICT cEllTRAL BUSINESS DISTRICT MAP 4- CASE NO. CW03-82 ] PINELLAS PLANNING COUNCIL CRAPmcs PIlEP..... BY THE OFPICE ar TII!: PJNEU.&S COUNTY PROPBRn' APPlUlSER. IDI SIOTB GJW'BJCS PREPARED USING MEDn 'VERSION 2.] . C CG i ~ w -~ w > .. MAP5 CW03-82 ;: ;i RU:, Ii Ii w ~ w > .. ~ GULF TO BAY w CG ~ o TrU: DRIVE !: Ii I: iu.. ! I , . I ....'" ~ z w > .. f': ~~~~~ ~ ~ " t;:u ~ ' ~ ,: I) i---- -< ----i-h- <( RjOG CG IF;:~.t~!;i%;:t:'\~'~1 PROPOSED RESIDENTIAL LOW MEDIUM (RLM) PROPOSED PRESERVATION (P) PINELLAS PLANNING COUNCIL BLVD RM RLM A~ SCALE: 400' GRAPHICS PREPARED BY THE OFFICE OF PINELLAS COUNTY PROPERTY APPRAISER, JIM SMITH GRAPHICS CREATED USING MEDIT VERSION 2.1 0 .' e . ATTACHMENT 1 DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER * SUBMITTING GOVERNMENT ENTITY: CITY OF CLEARWATER PPC OR CITY/TOWN CASE NUMBER: LUZ2003-08006 PROPERTY O"\\'NERS: SOUTHGATE PARK, INCORPORATED REPRESENTATIVE: MR. KEITH LAWES GLOBAL FINANCIAL INVESTMENTS, LLC 300 6TH STREET NORTH, SUITE 7 SAFETY HARBOR, FLORIDA 34695 ANY OTHER PERSONS HAVING ANY OWNERSHlP INTEREST IN THE SUBJECT PROPERTY: Interests: Contingent: Absolute: Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: Contract is: X Contingent Absolute All Parties To Contract: SEE ATTACHED CONTRACT Name: INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: All Parties To Option: Name: Name: ANY OTHER PERTINENT INFORMA nON WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIG1\TED BY PLANNING COUNCIL STAFF S:\P/anning DepanmentlC D EILand Use AmendmentsILUZ 2003ILUZ2003-08007 /5i5 South Highland AvenuelPPCILUZ2003-08007 PPC DiSCLOSURE STA TEMENT.doc .~ . . ATTACHMENT 2 ~1~(fM~~~ /i~;'j.~1 . .~0:~ t<~.' \ / -O!::: ';, ..... .. ~ .......... H'YfM:, l' r 1 . . - .. ,~.- ." . III "'r-::: ::=..~.: ~IIl "f":'\ ~ ~ .... ~~ ~?A\. /~~ -.q-I1:~~~,~" --~~)1'l CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPME!\'T REvIEw PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOlITH MYRTI.E AVE.I\LJE, CLEARWATER, FLORIDA 33756 TELEPHONE (]27) 562-4567 FAX (]27) 562-4576 November 19,2003 Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2003-08006- Application to Amend the Countywide Future Land Use Plan Dear. Mr. Healey: The City of Clearwater requests an fullendment to the Countywide Future Land Use Plan to change R/OG and RU land use categories to RLM and P for two parcels of land totaling 3.35 acres for property located at 2525 Druid Road. This amendment was passed on first reading at the November 20, 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 727-562-4553. Sll4Jk Marc A. Mariano Planner Attachments: Staff Maps Staff Reports Ordinance no. 7205-03 Ordinance no. 7206-03 S:\P/anning Deparrmen/\C D BlLand Use AmendmenlSILUZ 2003ILUZ2003-08006 Tree Tops a/ Druid 2525 Druid Road1LUZ2003- 08006 PPC Transmilla/ l/r.doc BRlA.1'I). AUNGST, MAYOR-COMMISSIOl\'ER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GR-\Y, CO\lMISSIO!\"ER FR-\NK HIBa-\RD, COMMISSIONER (i) BIU)ONSO!'\, COMMISSJOJliER "EQUAL EMPLOYME1\! AND .i\FFIRMAffi'E ACTION EMPLOYER" APPLICATION FOR LTYWIDE FUTURE LAND.E 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. 1. Countywide FLUP Map Amendment Information 1. Current Countywide FLUP Designation 2. Proposed Countywide FLUP Designation II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number 2. Current Local Plan Designation(s) 3. Current Local Zoning Designation(s) 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s) RlOG & RU RLM&P L UZ2 003-08006 RlOG (CITY) & RU (COUNTY) o (CITY) & C2 (COUNTY) RLM & P MDR & P m. Site Description 1. Parcel number(s) ofarea(s) proposed to be amended 18/29/16/00000/440/0410 & 18/29/16180353/000/0030 2. Acreage 3.35 3. Location 2525 Druid Road 4. Existing use 5. Existing density 6. Name ofproject (if applicable) IV. Verification of Local Action Vacant 15.0 DU/A TREE TOPS AT DRUID 1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map; and/or copy oflocal 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 8. Map clearly indicating amendment location. x X X X X X X 3. Proposed local ordinance number and status. 4. Staff report and local action to date. 5. Attach local plan and zoning maps. 6. Include proposed demarcation line for environmentally sensitive areas (if applicable). 7. Legal description. 9. Plan Amendment Application. S:\Planning Department\C D BILand Use AmendmentsILUZ 2003\LUZ2003-08007 1515 South Highland Avenue\PPCILUZ2003-08007 PPC FLUP APPUCA TION.doc . . CDB Meeting Date: October 21. 2003 Case No.: LUZ2003-08006 Agenda Item: F3 ORIGINAL CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT BACKGROUl\TJ) INFORMATION: O\VNERJAPPLICANT: Southgate Park, Incorporated REPRESENTATIVE: Keith A. Lawes LOCATION: 2525 Druid Road, located on the south side of Druid Road, approximately 400 feet west of U.S. Highway 19. REQUEST: (a) Land Use Plan amendment from the Residential/Office (RIOG) General Classification and the Residential Urban (RU) Classification to the Residential Low Medium (RLM) Classification and the Preservation (P) Classification (pending ANX2003-08021); and (b) Rezoning from the C-2, General Retail, Commercial and Limited Services District (County) and the 0, 0 ffice District (City of Clearwater) to the MDR, Medium Density Residential District and the P, Preservation (City of Clearwater) (pending ANX2003-08021). SITE INFORMATION: PROPERTY SIZE: 146,181 square feet or 3.35-acres DIMENSIONS OF SITE: 584 feet by 250 feet m.o.l. PROPERTY USE: Current Use: Proposed Use: Vacant Multi-family dwellings PLAN CATEGORY: Current Category: Proposed Category: Residential/Office General (RIOG) and Residential Urban (RU) Residential Low Medium (RLM) and Preservation (P) 8taffReport - Cormnunity Development Board - October 21,2003 - Case LUZ2003-08006 - Page 1 . . ZONING DISTRICT: Current District: Proposed District: C-2, General Retail, Commercial and Limited Services District (County) and 0, Office District (City) MDR, Medium Density Residential District (City) and P, Preservation (City) EXISTING SURROUNDING USES: North: Open Space South: Mobile Home Park East: Retail West: Utility/infrastructure facility ANALYSIS This Future Land Use Plan amendment and rezoning application involves two vacant parcels of land, approximately 3.35-acres in area. Almost two and one-half acres of the overall site is a jurisdictional wetland and cannot be developed. The site has Future Land Use Plan designations of Residential/Office General (R/OG) (County) and Residential Urban (RU) (City), as well as zoning classifications of C-2, General Retail, Commercial and Limited Services District (County) and 0, Office District (City). The applicant is requesting to amend the Future Land Use Plan designation of this site to the Residential Low Medium (RLM) and Preservation (P) classifications and to rezone it to the MDR, Medium Density Residential and P, Preservation Districts to allow the development of attached dwellings on the upland area of the property. A companion application to annex a portion of this property into the City of Clearwater is being processed concurrently with this land use plan amendment and rezoning (ANX2003-08021), as well as a flexible development application to construct ten (10) attached dwelling units (FLD2003-08038). In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the P inellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the acreage and density involved in this .plan amendment, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.l & 4-603.F.1 ] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Staff Report _ Community Development Board - October 21, 2003 - Case LUZ2003-08006 - Page 2 . . 13.1 Objective - Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to mee~ the needs of the residents of the City of Clearwater. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. ll. CONSISTENCY 'VITH COUNTYWIDE PLAN The purpose of the proposed Residential Low Medium (RLM) category, as specified in Section 2.3.3.2.1 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a low to moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum often (10) dwelling units per acre. Secondary uses permitted in Residential Low Medium areas include residential equivalent, institutional, transportation/utility, public educational facility, ancillary non- residential and recreation and open space uses. The purpose of the proposed Preservation (P) category, as specified in Section 2.3.3.7.1 of the Countywide Rules, is to depict those areas of the County that are now characterized, or appropriate to be characterized, as a natural resource feature worthy of preservation; and to recognize the significance of preserving such major environmental feature and their ecological functions. This category is generally appropriate to those natural resource features it is designed to recognize wherever they may appear and at a size significant to the feature being depicted in relationship to its surroundings. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. Ill. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Druid Road Corridor In the subject site location, Druid Road is a two-lane divided roadway. Druid Road between Belcher Road and U.S. Highway 19 is characterized by a variety of development including single-family and multi-family residential, office and commercial uses. The Countywide Future Land Use Plan has designated land in this area on the north and south sides of Druid Road Residential Urban, Residential Low Medium, Residential Medium, Residential/Office General, Commercial General, Preservation and Transportation/Utility. Staff Report - Cormnunity Development Board - October 21, 2003 - Case LUZ2003-08006 - Page 3 . . Immediate Surroundin'g Area The Future Land Use Plan (FLUP) category for the immediate surrounding area to the west is TransportationlUtility, with Preservation to the east. Areas to the north and south are designated Residential/Office General and Residential Low Medium, respectively. The existing surrounding uses include utility/infrastructure facilities to the west, while vacant and office uses exist to the north. Vacant and retail uses exist to the east, and a mobile home park is located to the south. The proposed Future Land Use Plan amendment and rezoning are compatible with the surrounding uses due to the residential character of the proposed use. IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5] The subject site includes two vacant parcels of land, approximately 3.35-acres in area. The 2.49- acre wetland area proposed to be designated Preservation (P) cannot be developed for residential purposes. As indicated in the Countywide Rules, however, any project or parcel of land containing non-developable land due to a wetland designation shall be granted a credit of one (1) dwelling unit or five (5) percent of the permitted floor area ratio per acre. Based on the maximum permitted intensity of 0.50 FAR in the current R/OG, Residential/Office General category, plus the five percent wetland credit of 2,711 square feet of floor area, a 22,095 square foot building could be constructed on the site. If the Residential Low Medium (RLM) category is approved, two residential units can be transferred to the uplands area as credit for the 2.49-acre wetland located on the site. Based on the maximum permitted density of 10.0 dwelling units per acre in the proposed RLM category, plus the two units available for the wetland credit, a maximum of 10 units would be permitted on this site provided all code requirements are met. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. "'....'" ....' . DiiiidRosd: Maximwn Dail Potential Tri 8 Maximwn PM Peak Hour Added Potential Tri 83 Volwne of Druid Road: Between US 19 and Belcher Road LOS for Druid Road: Between US 19 and Belcher Road N/A - Not Applicable LOS = Level-of-Service 1 = Based on PPC calculations of 170 trips per day per acre for the Residential/Office General Future Land Use Plan Category and 70 trips per day per acre for the Residential Urban Future und Use Plan Category. 2 = Based on PPC calculations of 63 trips per day per acre for the Residential Low Medium Future und Use Plan Category and 0.3 trips per day per acre for the Preservation Future Land Use Plan Category. 3 = City Calculation of 12.5% Source: "The Rules" 0 the Countvwide Future Land Use Plan ...::';~:J!ri:~';;;: N/A N/A 8,025 B .::",:(,;",( Staff Report _ Community Development Board - October 21,2003 - Case LUZ2003-08006 - Page 4 '. . . The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Druid Road segments in the vicinity of this site a level of service (LOS) B. The proposed land use amendment will not decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segment's level of service as the proposed category is less intensive than the current category. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Existing Zoning/Future Land Use Plan 22,095 sq. ft. 798 N/A 96 N/A 22,095 sq. ft. 243 N/A 32 N/A Proposed Zoning/Future Land Use Plan 10 units 58 (-740) 5 (-91 ) 10 units 37 10 5 95 30 beds 64 6 6 1 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in the degradation of the existing LOS to the surrounding road network. I n addition, no impact tot he 0 perational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08006 - Page 5 . . Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. . The total miles of fixed route service will not change; the subject site is located within ~ mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along US Highway 19. Water The current zoning district could demand approximately 2,209 gallons per day. Under the proposed zoning district, water demand could approach approximately 2,250 gallons per day. As capacity is available to accommodate the possible 41 gallon per day increase on water demand, the proposed amendment will not have a negative impact on the City's LOS for water. Wastewater The current zoning district could demand approximately 1,767 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 2,000 gallons per day. As capacity is available to accommodate the possible 233 gallon per day increase on wastewater demand, the proposed amendment will not have a negative impact on the City's LOS for wastewater. Solid Waste The current zoning could result in 59 tons of solid waste per year for an office use. Under the proposed zoning district, there could be approximately 25 tons of solid waste generated per year. As the proposed amendment will only permit less intensive uses with regards to solid waste disposal, it will not have a negative affect on the City's LOS for solid waste disposal. Recreation and Open Space As the proposed land use and rezoning will change the permitted uses from non-residential to residential, payment of a recreation facilities and land impact fee will be required. The amount of this fee is dependent on the number of units constructed and will be addressed during the site plan review process. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] The proposed land use plan amendment will not have any negative impact on the natural environment because the Preservation land use category will be applied to the jurisdictional wetland on the property. The purpose of this designation is to protect natural resources. The applicant intends to leave the property in its natural site and has addressed the preservation and buffering of this area with the City's Environmental Manager, as well as the Southwest Florida Water Management District (SWFWMD). 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 S"WFWMD stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. Staff Report _ Community Development Board - October 21,2003 - Case LUZ2003-08006 - Page 6 . . VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Due to the residential nature of the surrounding area and the environmentally sensitive- area located on this site, the location of the proposed Residential Low Medium (RLM) and Preservation (P) boundaries are logical and an appropriate classification. The P category located on the east side of the property will provide a buffer between the uplands portion of the site and the commercial uses fronting on U.S. Highway 19. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. CONSISTENCY OF DEVELOPMENT 'VITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-201; 2-701 & 4-602.F.1. and .2.] The proposed MDR, Medium Density Residential District permits a density of 10.0 dwelling units per acre and a FAR of 0.50 and an ISR of 0.75, while the existing 0, Office District permits a FAR of 0.50 and an ISR of 0.75. The total area of the subject site is 145,926 square feet and it is 584 feet in width. This area exceeds the 10,000 square foot minimum lot area requirement and the lot width exceeds the 100-foot minimum required by the Medium Density Residential zoning district. The parcels meet the size requirements of the proposed District and the proposed attached dwelling use is permitted in the MDR District. Appro,'al 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 existing and proposed use ofthis property is consistent with the Medium Density Residential zoning district regulations. SU1\1MARY AND RECOM1\1ENDATIONS: An amendment to the Future Land Use Plan from the ResidentiaVOffice General (RIOG) (City) category and the Residential Urban (RU) (County) category to the Residential Low Medium (RLM) (City) category and Preservation (P) (City) category and a rezoning from the 0, Office District (City) and the C-2, General Retail, Commercial and Limited Services District (County) to the MDR, Medium Density Residential District and the P, Preservation District for the subject property is requested in order to develop attached dwellings on the site. The site is surrounded by a mobile home park to the south, vacant land to the east and north, and Progress Energy high- tension power lines to the immediate west, with single-family dwellings beyond. Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08006 - Page 7 . . The proposed Residential Low Medium (RLM) Future Land Use Plan classification and :MDR, Medium Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation for 2525 Druid Road from the Residential/Office General (R/OG) (City) category and the Residential Urban (RU) (County) category to the Residential Low Medium (RLM) (City) category and Preservation (P) category, and 2. Amend the zoning district designation for 2525 Druid Road from the 0, Office District (City) and the C-2, General Retail, Commercial and Limited Services District (County) to the MDR, Medium Density Residential District and P, Preservation District. Prepared by Planning Department Staff: 44k Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S :\Pumning Deportme1ltlC D Blul1Id Use AmendmentsILUZ 2003ILUZ2003-08006 Tree Tops 01 Druid 2525 Druid RoadILUZ2003-08006 Tree Tops at Druid slOjf report.doc Staff Report _ Community Development Board - October 21,2003 - Case LUZ2003-08006 - Page 8 )1/20/2003 11:04 72756.6 PLAN . t-'Al.:It:. t:JL ~ R/OG A J!J, . . . , f '"'0 "'3n ,--~............._...: I . I , '..........-...........: .,. ..... ! DRUID RD p r------, :'OllS' , . :,;o;J, -, , , '-....... '''.'--. 2GJ l52 . , ..., . f I. I ............: I , , I , _._ _. I CG~ I '..-.. .. ......~.....: i--~:.: ,~ :_--',',..: '. ___114 _...1 f--~;.:.. r--: ;_..~t'...: i'-..:,....j :-r-..~r...:- .,J It.._:'.._~ :_,.: I....~_::....J ~....::L._.: ~._J....::....j ..: c--: ;...::.....,: (---:~.--: I.. I ,I I I r I :.._: I____,I:_J I___~ 1___: .... -, , ,.""''''' , I ., . .. _,,, I 1'1 I .. "'.....' r..--uRLM-' - :_.....: -. '-. .. .. 1) ./;-: r;: f.::'; C.~::U I L..' , , ,. , , , '-' :-.., ;-. I ... .... :u.:L.,.r::..i ....... ..'.. ,---. . I I oJ I I . " 'I " I.'. I_I....: ~___~ _0 c:..w. JII_ orq ,-..._----, , , , , '-----...,..: . . I -, I...... ..I ":-":I':.~ ......, .:-: r."~ j..~ ,'~ ;-"j : .. ~ : -:. :... :: ...! "" .. ~: ::. ~ :.. : -'..' "'..1 1-,1..' .. ---, 1....1' ," \__' :.....~ :....j I.~~~. ::: i.........~ : :: ,~:: I, I .'_..: 1_.,'"' t-._...~ :_..t~;.. c' .' :iIOOOO Future Land Use Plan Owner: South Gate Park, Incorporated Case: LUZ2003-08006 Site: 2525 Druid Road 3.35 Land Use Zoning PIN: 18/29/16/0??oo/440/0410 18/29/16/80353/000/0030 From: R/OG & RU o &. C2{County) To: ~LM & p MDR & P Atlas Page: 2996 . .' .----------.-'--'-'--};t:~-1tii][I---.....; A !J(J, ' ~ . ! ! 700 a:: Q (/) 7JO (/) ~ 7:20 >: IX) Vacant :2033:2 l{~~J~urant ............ I 0) ~ ~ 730 DRUID RD ,. --......-, : ~~S8 . , ....~ . . I . ~ eJ ~ ~et~iI:2B :2016:1 .... '"'-I . . , .....--- ""-'__ I :.._....--~ ;-.....~i-: : ~ '.. : .: I I..__....__~ ___11__' :.._.~ :--..::......,. :----:~..-..: :---: :----:f": 1_ I I II ,I I ' I I I I --I II t :__: I..___II_......! ~__~ 1___: ~..._~ ~::__: , Overhig :ctoD1mod -. 1 I ....... ,- , . , , ,- , , , I"" _I l_~ : \..i-~.. I II "'1 I, ,_I ~ .......1. ..:j "...... .... -.. ..._-.. . ,I .J I I I II " " 1..'- '_,__: ~___~ OutdOOr Riwr ecreatio c'. tertaium , , , ' ------'_1 , , , ., I.... _I ~;) ~~:~~~;-..~;i~~;;: ["_~T C1 c> .s~--! : I:.; I ~:: : :,..-,. '.~~~~. ~ ~e "'__: 1"'..1'" ~_..__I_I Existing Surrounding Uses Owner: South Gate Park. Incorporated Case: LUZ2003-08006 . Site: 2525 Druid Road Property 3.35 SizelAcres : Land Use Zoning PIN: 18/29/16/00000/440/0410 From: R/OG & RU o & C2(County) 18/29/16/80353/000/0030 To: RLM & P MDR & P A tlas Page: 299B . . ATTACHMENT 3 Jr." I t 3 (9 .. I ,2 Case #CW 03-82: City of Clearwater - TIlls 3.4 -acre parcel is located on the south side of Druid Road, approximately 600 feet west of US Highway 19. The proposed amendment submitted by the City of Clearwater is a request to change the plan designation from Residential Urban (0.4 acres) and Residential/Office General (3.0 acres) to Residential Low Medium (0.9 acres) and Preservation (2.5 acres). TIlls case qualifies as a "Level 1 - Type C and Type E" subthreshold amendment, based on the amendment being less than ten (l0) acres in size that involves a residential plan designation that permits a density often (10) units/acre or less. The amendment also qualifies as a Level 1 - Type E" subthreshold amendment because the remainder of the site is being changed to the Preservation plan category. Therefore, this amendment is eligible for approval under the official acceptance process. Dean Neal pointed out the trend that all of these amendments requested were to a . Residential plan category. PAC indicated they would not vote on the above-referenced subthreshold amendments since there were no issues to be brought to the attention of the Council. /' "'- P&LLAS PLANNING COl.l:IL AGENDA MEMORANDUM "- ..... I AGENDA ITEM: IV B-4. I MEETING DATE: December 17,2003 SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential Urban - RU (0.4 acres) and ResidentiaVOffice General- RlOG (3.0 acres) To: Residential Low Medium - RLM (0.9 acres) and Preservation - P (2.5 acres ) Area: 3.4 acres CASE #: CW03-82 (LUZ2003-08006) JURISDICTION: City of Clearwater LOCA TION: South side of Druid Road, approximately 600 Feet west of US Hwy. 19 TYPE: Level 1- Type C and Type E Subthreshold Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (l.A & B), Recommend to the Countywide Planning Authority That The Proposed Level 1 Subthreshold Amendment to Residential Low Medium and Preservation Be Approved Pursuant to the Official Acceptance Process. I. FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for Level 1 subthreshold amendments of the Countywide Plan Map. PINELLAS PLANNING COUNCIL ACTION: The Council recommended approval of the amendment from Residential Urban and ResidentiaVOffice General to Residential Low Medium and Preservation. (Vote 12-0) COUNTYWIDE PLANNING AUTHORITY ACTION: 1 1:\VSERS\\\'PDOCSiLU\CASES \03 c:ascsIDecc:m bcr\Repons\CW03-82.c1w.doc r~l PINELLAS'LANNING COUN~L COUNCIL MEMBERS Mr. Dushyant Gulati Griffin International, Inc. 186 Bayside Drive Clearwater, FL 33767-2501 Mayor Robert H. DiNicola, Chm. Mayor Robert Jackson, Ph.D., Vice Chm. Mayor Frank DiDonato, D.C., Treas. Commissioner Calvin D. Harris, Sec. Councilor Pete Bengston Mayor Jerry Beverland Vice-Mayor Sandra L. Bradbury Mayor Tom De Cesare Councilmember Bill Foster School Board Member Jane Gallucci Vice-Mayor Bob Hackworth Vice-Mayor Hoyt Hamilton Commissioner Nadine S. Nickeson December 19, 2003 David P. Healey, AICP Executive Director Re: Case CW03-83 Dear Mr. Gulati: A copy of the Council's recommendation from its December 17, 2003 meeting to approve the amendment is enclosed for your information and records. This is to notify you that, pursuant to County Ordinance No. 96-23 establishing procedures for public hearing, the recommendation of the Pinellas Planning Council to be considered by the Countywide Planning Authority on Janumy 6, 2004, in the above referenced matter is available for your inspection. If you have any questions, please call me. Sincerely, //--d P'?, David P. Healey, AICP Executive Director cc: Cyndi Tarapani, Planning Director City of Clearwater 600 CLEVELAND STREET, SUITE 850 · CLEARWATER, FLORIDA 33755-4160 TELEPHONE (727) 464-8250 · FAX (727) 464-8212 www.co.pinel/as.1I.us/ppc 1. / '\ plELLAS PLANNING COU'CIL , .- " AGENDA MEMORANDUM o~r -j 6 eno' ....' .i , LL J "- ".:..lIl ,.. I AGENDA ITEM: IVB-4. I '" " , .' ' '.', MEETING DA TE: December 17, 2003 SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential Urban - RU (0.4 acres) and Residential/Office General- RlOG (3.0 acres) To: Residential Low Medium - RLM (0.9 acres) and Preservation - P (2.5 acres ) Area: 3.4 acres CASE #: CW03-82 (LUZ2003-08006) JURISDICTION: City of Clearwater LOCATION: South side of Druid Road, approximately 600 Feet west of US Hwy. 19 TYPE: Level 1- Type C and Type E Subthreshold Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (LA & B), Recommend to the Countywide Planning Authority That The Proposed Level 1 Subthreshold Amendment to Residential Low Medium and Preservation Be Approved Pursuant to the Official Acceptance Process. L FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for Level 1 subthreshold amendments of the Countywide Plan Map. PINELLAS PLANNING COUNCIL ACTION: COUNTYWIDE PLANNING AUTHORITY ACTION: 1 I :\VSERS'WPDOCS\LUICASES\03 cases'Decem berIRepons\CW03-82.clw .doc SUBJECT: Case #CW03-8L; B. In particular, this amendment qualifies as a "Levell - Type C" subthreshold amendment, based on a portion of the amendment being less than ten (10) acres in size that involves a residential plan designation that permits a density of ten (10) units/acre or less. The amendment also qualifies as a "Level 1 - Type E" subthreshold amendment because the remainder of the site is being changed to the Preservation plan category. Therefore, this amendment is eligible for approval under the official acceptance process. In consideration of and based upon these findings, it is recommended that the proposed amendment be approved. II BACKGROUND This amendment has been submitted by Clearwater to the Council for Official Acceptance in accordance with the Countywide Rules. The amendment will allow for a 0.9-acre portion of the site to be developed with up to nine townhomes. The remaining 2.5 acres will be preserved as wetlands. Parcel ID#: 18/29/16/00000/440/0410 18/29/16/80353/000/0030 Existing Use: Vacant Proposed Use: Tree Tops at Druid Townhomes and preservation area Subthreshold Type - "Levell-C" Section 5.3.4.1 of the Countywide Rules defines a Level 1 - Type C subthreshold amendment as an amendment of ten (10) acre or less that involves a residential plan designation that permits a density of ten (10) units/acres or less. Level 1 - Type C subthreshold amendments are subject to an annual aggregation limit of thirty (30) acres. When combined with previous amendments, Clearwater's subthreshold amendment total for the year 2003 is 3.6 acres. Subthreshold Type - "Levell-E" Section 5.3.4.5 of the Countywide Rules defines a Levell - Type E subthreshold amendment as an amendment of any size to the Water/Drainage Feature, Recreation/Open Space or Preservation plan categories, except from Preservation to Recreation/Open Space, which shall be considered as a Level 1 - Type B subthreshold amendment. The amendment proposes to change 2.49 acres now designated Residential Urban and Residential/Office General to Preservation. 2 SUBJECT: Case #CW03-82 - Clearwater Subthreshold Amendment Review Policy It is the policy of the Council, consistent with the purpose, procedure and threshold determinants of the Countywide Rules, that subthreshold amendments will be removed from the official acceptance procedure only for substantive reasons related to the Countywide Plan and Rules. Local Government Transmittal On November 20, 2003, the Clearwater City Commission, acting as the applicant local government, gave approval to amend the City's Future Land Use Map and authorized an application for amendment of the Countywide Plan Map. Planners Advisory Committee The PAC determined that they would not take any action on this subthreshold amendment since there were no issues to be brought to the attention of the Council. (See draft PAC minutes, Attachment 3.) IlL LIST OF MAPS & ATTACHMENTS Map I Location Map 2 Countywide Plan Category & Jurisdictional Map - Black & White Map 3 Aerial - Black & White Map 4 Countywide Plan Category - Color MapS Proposed Plan Category - Color Attachment I PPC Disclosure of Interest Form Attachment 2 Local Government Transmittal Package Attachment 3 Draft PAC Minutes 3 ..... __ ..' ....... . 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'ii 'i ............. ...;...... ........,'............ i". ..; .........................i> i>.. ...'i ........ ........ ...,.. ..'......... ............. . ......i ................... ...,..i.' .' ..i'/........... ...... .' i::i:..f!{i.!ii . . ......... I .......... . i . ..; ". .......... ...,', ............. MAP 1 CASE NO. CW03-82 ~ ~ PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF THE PINELLAS COUNTY PROPERTY APPRAISER. JIM SMITH Produced by MEDIT \'2.1, Copyright 1991, 1992 Pinellas County, Florida Property Appraiser. All Rights Reserved. C CG R RU w ~ RLM w > << U W ...J ...J ~ RU RLM w o w p RIV RjOS I I II BURNICE ! i CG RU DRUID I I Rj<DG I ~U:I w ---::> z w > << w :J Z w > << GULF TO BAY CG (f) (f) << CONSERv A TION AS~MENT lL >- RjOG (Il CITY OF CLEARWATER w CG > cr o TjU I i T)U I RjOG TY' U: I : DRIVE I I" I I / I; : 1: I~~- ROAD CG RLM RjOG CG w :J Z w > << I I (\ t---- ~ I ~ ~ t lu-- - ~ - - - I - ~ ; \ r----<< - --r- - << MAP 2 PROPOSED AMENDMENT CASE NO. CW03-82 FROM: Residential/Office General TO: Residential Low Medium (RLM) (RjOG) ( ) Residential Urban (RU) Preservation P I~I BLVD CG e CG RH RM RLM ACREAGE: 3.4 ~ SCALE: I" = 400' PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF PINELLAS COUNTY PROPERTY APPRAISER, JIM SMITH GRAPHICS CREATED USING MEDIT VERSION 2.1 @ 4"- !U'"~-~ f,..: lJ,.'~ ~.~ .,.. i~,-~ ~++~~ ~':--_:... , :""'-;_:_'~'-' .,', /_..: ['C.d:_, F_Cc I -1.. ~;'s;.ii,~~'~'; ~ CASE NO. CW03-82 MAP 3 N . NOT TO SCALE DRUID ROAD COlO<ERCIAL NEIGHBORHOOD PUBIJC/SEllI-PUBUC SPECw...JmSIGNA TION PRESERVA'I'ION MIXED USE COIlMERetAL =~~ RESlDENTIAL/ OFFICE GENERAL COIDIERCIAL LIMITED RESIDENTIAL HIGH COIOlERCIAL RECREATION RESIDENTIAL VERY HIGH RESORT FACILITIES OVERLAY COIlIolERClAL GENERAL D~ RESORT F ACILlTIES IIED!Ulol INDUS'I'RL\L RESORT FACILlTIES H1GII ~( MAP 4 CASE NO. CW03-82 J INDUSTRIAL UMITEIl FROM:. TO: ~j;~~ffit~ ~~ omCE/GENBRAL l:i!~3['~~~~ ~ LOIr IlEDIUIl D ~~;;GE'!.F' r~_ ( ~. ~mUGE . . FEATUBE ~ SCENlC/ ImN-cbMIIERCIAL CORRIDOR ~ ACTIVlTY CENTER/' PRD!ARY SECONDARY ~RrA'l'lON/ I~';~~€~z%{i~ g~MENT RECREATION/ OPEN SPACE INSTITUTIONAL cENTRAL BUSINESS DISTRICT PINELLAS PLANNING COUNCIL ".ih J GRAPHICS PREPARED BY THE OFFICE OJ' THE PINEUAS COUNIT PROPERTl' ~PJWSER. JDl SKITH GRAPHICS PREPARED USING KEDlT VERSION 2.] 0 GULF TO BAY BLVD C CG w CG > cr o CG CG R RU T/U w ::> RLM CG z w > G <( - - --- -- ------- U1 U1 <( CONS~RV_:" TIO~ ASEJ,E!,rr a. RU >- R/OG (I) I I I ! I DRUID ROAD I I U I '" R/<ilG 0 "- I '" W ...J ...J :;: RU RLM 0 z w 0 i w I I T!U RIV CG P RLM ~ R/OS CG ~ RH RM ,I ;, TYU i / fU:i : i RU, , I! i I / ~..." BURNICE DRIVE I I w W 1.1 W R/OG CG RLM ::> ::J 5 ::> z z r1Y--- z RU-- z w w w w > > > > <( <( <( -- <( MAP5 CW03-82 li':"1 PROPOSED RESIDENTIAL LOW MEDIUM (RLM) PROPOSED PRESERVATION (P) ~ SCALE: 400' ~ PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF PINELLAS COUNTY PROPERTY APPRAISER, JIM SMITH GRAPHICS CREATED USING MEDIT VERSION 2.1 @ . . ATTACHMENT 1 DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER * SUBMITTING GOVERNMENT ENTITY: CITY OF CLEARWATER PPC OR CITY/TOWN CASE NUMBER: LUZ2003-08006 PROPERTY OWNERS: SOUTHGATE PARK, INCORPORATED REPRESENTATIVE: MR. KEITH LAWES GLOBAL FINANCIAL INVESTMENTS, LLC 300 6TH STREET NORTH, SUITE 7 SAFETY HARBOR, FLORIDA 34695 ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interests: Contingent: Absolute: Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: Contract is: X Contingent Absolute All Parties To Contract: SEE ATTACHED CONTRACT Name: INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: 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:\P1anning DepartmentlC D EILand Use AmendmentsILUZ 2003ILUZ2003-08007 1515 South Highland A venue\PPCIL UZ2003-0800 7 PPC DISCLOSURE STA TEMENT.doc -((!rcr:r~ 1ff~~P..l.o; T/ft;;~ ....!'-~- \ .'J.I......~<-~~).~ ~ ~, . -.....Fl- ~ ~ ,,' I ~~ ;:.."..-.. tt~~ ,\ 1/. . ../ ,-::.. ~.. -- ."("\.... .. ~~~ . - -~~- 0::::('" ~r::' ==-~. ..'fi!"'....,....., ..~. - '. .' :-.I~ ~,;.;.\. - ,~~ -rA.....- ;..~-:-\ -.:r 1f..q-"'Irfl'1~~~'" .~~~)1 . . ATTACHMENT 2 CITY OF CLEARWATER loNG RANGE PIANNING DEVELOPMENT REvIEw PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FWRlOA 33758-4748 MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRnE AVE!\1JE, CLEARWATER, FLORlOA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 19,2003 Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2003-08006- Application to Amend the Countywide Future Land Use Plan Dear. Mr. Healey: The City of Clearwater requests an fu'l1endment to the Countywide Future Land Use Plan to change RlOG and RU land use categories to RLM and P for two parcels of land totaling 3.35 acres for property located at 2525 Druid Road. This amendment was passed on first reading at the November 20, 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 727-562-4553. 7Zilc Marc A. Mariano Planner Attachments: Staff Maps Staff Reports Ordinance no. 7205-03 Ordinance no. 7206-03 S:\Planning Department\C D BILand Use AmendmentsILUZ 2003 IL UZ2003-08006 Tree Tops at Druid 2525 Druid Road1LUZ2003- 08006 PPC Transmittalltr.doc BRIk'.; J. AUNGST, M-\YOR-COM\llSSIONER HOlT HMlILTm;, ViCE MWOR-COMMISSIO:\ER \VHITl\EY GRAY, Cml\!ISSIOl\ER FR....'iK HIBBARD, COMMlSSIO'\ER (i) BILLJO~SON. COM.\lISSIONER "EQCAL EMPLOYME:'\l ....'-iD AFFIRM.A.TNE ACTIO".: EMPLOYER" APPLICATION FOR ~TYWIDE 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 RJOG & RU 2. Proposed Countywide FLUP Designation RLM&P II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number LUZ2003-08006 2. Current Local Plan Designation(s) RJOG (CITY) & RU (COUNTY) o (CITY) & C2 (COUNTY) RLM & P 3. Current Local Zoning Designation(s) 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s) MDR & P III. Site Description 1. Parcel number( s) of area( s) proposed to be amended 18/29/16/00000/440/0410 & 18/29/16/80353/000/0030 2. Acreage 3.35 3. Location 2525 Druid Road 4. Existing use 5. Existing density 6. Name of project (if applicable) Vacant 15.0 DU/A TREE TOPS AT DRUID 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. 5. Attach local plan and zoning maps. x 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 DepartmentlC D BILand Use AmendmentsILUZ 2003ILUZ2003-08007 1515 South Highland Avenue1PPCILUZ2003-08007 PPC FLUP APPLICA TJON.doc . . ~~ . "'.., .~ - ~~ ~~~~~$ ~~~~~.~ CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPMENT REviEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTII MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 19,2003 Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2003-08006- Application to Amend the Countywide Future Land Use Plan Dear. Mr. Healey: The City of Clearwater requests an amendment to the Countywide Future Land Use Plan to change RlOG and RU land use categories to RLM and P for two parcels of land totaling 3.35 acres for property located at 2525 Druid Road. This amendment was passed on first reading at the November 20, 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 727-562-4553. ~7l4~ Marc A. Mariano Planner Attachments: Staff Maps Staff Reports Ordinance no. 7205-03 Ordinance no. 7206-03 S:\Planning Depar/men/IC D EILand Use Amendmen/slLUZ 2003\LUZ2003-08006 Tree Tops a/ Druid 2525 Druid Road1LUZ2003- 08006 PPC Transmillall/r.doc BRIAN J. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" I APPLICATION FOR C.TYWIDE FUTURE LAND U.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 RJOG & RU RLM&P 2. Proposed Countywide FLUP Designation II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number LUZ2003-08006 RJOG (CITY) & RU (COUNTY) o (CITY) & C2 (COUNTY) RLM & P 2. Current Local Plan Designation(s) 3. Current Local Zoning Designation(s) 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s) MDR & P III. Site Description 1. Parcel number(s) ofarea(s) proposed to be amended 18/29/16/00000/440/0410 & 18/29/16/80353/000/0030 2. Acreage 3.35 3. Location 2525 Druid Road 4. Existing use Vacant 6. Name of project (if applicable) 15.0 DU/A TREE TOPS AT DRUID 5. Existing density 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 ofInterest Statement with names and addresses of the application! representative and property owner. x 3. Proposed local ordinance number and status. x X 4. Staff report and local action to date. 5. Attach local plan and zoning maps. 6. Include proposed demarcation line for environmentally sensitive areas (if applicable). X X 8. Map clearly indicating amendment location. X X X 7. Legal description. 9. Plan Amendment Application. S:\Planning DepartmentlC D BILand Use AmendmentslLUZ 20031LUZ2003-08007 1515 South Highland AvenuelPPCILUZ2003-08007 PPC FLUP APPLlCA TJON.doc . . DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER * SUBMITTING GOVERNMENT ENTITY: CITY OF CLEARWATER PPC OR CITY/TOWN CASE NUMBER: LUZ2003-08006 PROPERTY OWNERS: SOUTHGATE PARK, INCORPORATED REPRESENTATIVE: MR. KEITH LAWES GLOBAL FINANCIAL INVESTMENTS, LLC 300 6TH STREET NORTH, SUITE 7 SAFETY HARBOR, FLORIDA 34695 ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interests: Contingent: Absolute: Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: Contract is: X Contingent Absolute All Parties To Contract: SEE A TT ACHED CONTRACT Name: INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: 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:IPlanning DepartmentlC D BILand Use Amendments\LUZ 20031LUZ2003-08007 1515 South Highland Avenue1PPCILUZ2003-08007 PPC DISCLOSURE STA TEMENT.doc Global Financial Investments LLC. Keith A. L~wes M~naging Director 3.0.0 6th St. N. Suite 7 Safety Harbor, Florida 34695 Office: 727~ 723-.0.038 Cell:'~2l1~~$,;jI;..1U(.~" Email: klawes@tamp.abay.rr.com