LUZ2003-01001
-. CITY OF CLEARW A~,R
APPLICATION FOR
COMPREHENSIVE PLAN AMENDMENT
(INCLUDING FUTURE LAND USE MAP AMENDMENT)
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR
PHONE (727) 562-4567 FAX (727) 562-4576
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APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION:
APPUCANT NAME, ((, t> t cJe,,;,r - ...J ,J - r '" (k ~ n ~ >- (l. (. c "-<'.\; M 0 Oe-\
MAILING ADDRESS: l tJ(] .s,. (YJ~t'h. Au ~ ( P.o. 130><' V'l4ej c f~t-~.k( ~:}.re" <i 1-~
PHONE NUMBER: $""6.1- '1/')00 FAX NUMBER: 6"6:1- 'f eM
Ct+y 0 ~
PROPERTY OWNERS:
eke. r '-"I:'
~ IT6 ~ 0 ~~ [~ n
II
(List all owners)
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
FAX NUMBER:
PLANNING & DEVELOPMENT SVCS
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SITE INFORMATION:
LOCATION:5he ~OCA.thV't,S~ CO(r1Q.(' cJ:~<- ~CI\\.c~~ ~)'-tvl,PJ",Ue^~_"~f)..dli.",
STREET ADDRESS: 3~ ~ S G"" 1/ -h, ,gO'1 --.ill V ;
/
LEGAL DESCRIPTION: 5 eel /I ,/ ",) Q. J s u rIJ ~
PARCEL NUMBER: 1'/1. ~/I' / f.J'jIOb/t:)oolt:)/~o,. Ih/2 i/k./5j81l /t>CJf/"030,' IfzrI1aJ/ot/o / () 7.../1
SIZE OF SITE: y. 40 de (e.5 '(00 t.J.)c 4(;;o.(,J. ~. ('). L (co '""~ i ,.. It) I&l-s ')
FUTURE LAND USE 111 / I
CLASSIFICATION: PRESENT: ~ L rn tt.. (A REQUESTED: (l. () 'S
I ;: I
ZONING CLASSIFICATION: PRESENT f'hl../ P ~ ~.'1~("~-~~REQUESTED: D Sit
PROPOSED TEXT AMENDMENT: )J ( A
(use additional paper if necessary)
I (We), the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my/(our)
knowled .
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and ubscribed before me this ~~(d day of
tAd I A. D., 'bi= ~ nf)"3 to me
,who is
as identification.
~,-;,::ii'-:':'r~o:.... Kimberly L Staggs
~f@"'f:-. MY COMMISSION # CC829127 EXPIRES
~~:.~.~j April 22, 2003
'-l,'fR"F '",~~' BONDED THRU TROY FAIN INSURANCE, INC
" 1111\'\
Signature of property owner or representative
Notary public,
my commission expires:
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03-021891 JAN-17-2003 1:00~
PINELLAS CO 8K 12480 PG 117
11111111111111111111111111111111111111111111111111
.KARt-EEN F. DE BLAKE~: ~ CLEk'K Of CDURT
- F'INELLAS COUNTY ~ FLD~:IDA
This Instrument Prepared By:
Peter Fodor
The Trust for Public Land
306 North Monroe Street
Tallahassee, Florida 32301
Property Appraiser's Parcel
Identification Number: 16-29-16-83106-000-0100,
000-0211
7L140%1 OJ-17-2003 13:0B:15 tIl,!!,!
51 DED-CITY OF CLEARWATER
00260~i
Hi:03021891 BK:12L180 8PG:OH'? EPG:0133
RECVRDlr!j 017 PAGES 1 $78.00
OFFICIAL [;]PIES 5 $17.00
CERTIFCATION b $1.00
TOTAL:
16-29~ 16-53892-005-003~; :g;V-.'.:1. ;L29t~~f~~~ 06-
\~. JJilH:1l.JLI<
BY_ . ~_.____ DEPUT'y' CLm<
=!% . 00
$96..00
$",00
WARRANTY DEED
(STATUTORY FORM - SECTION 689.02, F.S.)
t.<..
THIS INDENTURE, made this L day of October A.D. 2002, between THE TRUST FOR
PUBLIC LAND, a non-profit California corporation, whose address is 306 N. Monroe St.,
Tallahassee, FL 32301 Grantor, and THE CITY OF. CLEARWATER, a municipality within
Pinellas County, Florida;Grantee. 100 '). f1il'(rHr f!llt I C\r~-\.t--, t=i.-- lnSb _
(Wherever used herein the terms "grantor" and "grantee" include all the
parties to this instrument and their heirs, legal representatives, successors
and assigns. "Grantor" and "grantee" are used for singular and plural, as the
context requires and the use of any gender shall include all genders.)
WITNESSETH: That the said grantor, for and in consideration of the sum of Ten
Dollars and other good and valuable considerations, to said grantor in hand paid by said grantee,
the receipt whereof is hereby acknQwledged, has granted, bargained anci sold to the said grantee,
and grantee's successors and assigns forever, the following described land situ~te, lying and
being in Pinellas County, Florida, to-wit:
See Exhibit "A" attached hereto and by this reference made a part hereof.
By acceptance of this warranty deed, grantee herein hereby agrees that the use of the
Property described herein shall be subject to the covenants and restrictions as set forth in that
certain Grant Award Agreement attached hereto as Exhibit "B". These covenants and
restrictions shall run with the Property herein described. If any of the covenants and restrictions
of the Grant Award Agreement are violated by the grantee or by some third party with the
knowledge of the grantee, fee simple title to the Property described herein shall be conveyed to
the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in
accordance with the Grant Award Agreement without further notice to grantee, its successors
and assigns, and grantee, its successors and assigns shall forfeit all right, title and interest in
and to the Property described herein.
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PAGES J:LL AND the said grantor does hereby fully warrant the title to said land, and will defend the
, ACCT ~~~ame against the lawful claims of all persons whomsoever.
R E C .J1-:.h:D
OR:~19 __-
L' os ----- THIS INSTRUMENT IS EXEMPT FROM DOCUMENTARY STAMP TAXES PURSUANT TO
/ iNT _-- CHAPTER 201.02(6), FLORIDA STATUTES.
FeES __---
M1 F _------
PiC _u:tL
REV __----
T61.AL'l<';~Ji~j
Ct-< BI\L __--
:t--iG t..M i ____
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PINELLAS COUNTY FLA.
OFF.REC.BK 12480 PG 118
This conveyance is subject to easements, restrictions, limitations and conditions of record
if any now exist, but any such interests that may have been terminated are not hereby re-
imposed, and to taxes for the current and subsequent years.
IN WITNESS "'WHEREOF the grantor has hereunto set grantor's hand and seal, the day
and year first above written.
Signed, sealed and delivered in
the presence of:
THE TRUST FOR PUBLIC LAND, a
no -profit Califor. corporation
By:
W. Dale A en, Senior Vice President
~~ ~~v'(j,~_
(Printed na e of first witness)
(2/
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q{dP/ J ,x.-<::.UO-[z
(Signature of second witness)
C/ A /; . J) J-:: ;j)., <:.L
./fx.J./ . c/C';'C (/~, c:
(Printed name of second witness)
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this -g day of October, 2002, by
W. Dale Allen, Senior Vice President of The Trust for Public Land, a non-profit California
corporation, on behalf of said corporation. Such person is personally known to me.
~~~
NOTARY P~L1C
(NOTARY PUBLIC SEAL)
.....,'..~~",f.
~~W'-..~ Stacy Savoie
Cf "A>~ MY COMMISSION # CC945W EXPIRES
-o;J.i:~~~~ October 31,2002
I'f,'ff"f':\'-' BONDED lHRU TroY FAIN INSUR.NCE. tNc.
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PINELLAS COUNTY FLA.
OFF .REC .8K 12480 PG 119
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EXHIBIT "A"
PARCEL 1:
A PORTION OF TRACT "A", MYRON A. SMITH'S BAY VIEW SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PLAGE
57, PUBLIC RECORDS OF PINELLAS COUNTY, FLOIRDA, IN THE SOUTH
1/2 OF FRACTIONAL SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST
BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST 1/4 CORNER OF SAID FRACTIONAL SECTION 16
AND RUN THENCE SOUTH 89 DEGREES 27 MINUTES 56 SECONDS EAST
ALONG THE EAST AND WEST CENTERLINE OF SAID SECTION 16, FOR A
DISTANCE OF 401.99 FEET, THENCE SOUTH 00 DEGREES 32 MINUTES 04
SECONDS WEST, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE
AFORESAID TRACT "A", AND THE POINT OF BEGINNING, THENCE SOUTH
89 DEGREES 27 MINUTES 56 SECONDS EAST 243.22 FEET TO A POINT ON
CURVE, THENCE 100.68 FEET ALONG THE ARC OF A CURVE CONCAVE
SOUTHERLY THROUGH A CENTRAL ANGLE OF 00 DEGREES 45 MINUTES 36
SECONDS, A RADIUS OF 7591.44 FEET AND A CHORD BEARING OF SOUTH
87 DEGREES 05 MINUTES 12 SECONDS EAST 100.68 FEET TO A POINT OF
REFERSE CURVATURE, THENCE 135.23 FEET ALONG THE RAC OF CURVE
CONCAVE NORTHERLY THROUGH A CENTRAL ANGLE OF 00 DEGREES 40
MINUTES 24 SECONDS, A RADIUS OF 11,507 FEET AND A CHORD BEARING
OF SOUTH 87 DEGREES 02 MINUTES 36 SECONDS EAST 135.23 FEET,
thence South 02 degrees 37 minutes 12 seconds west for a
distance of 5.00 ft., thence South 87 degrees 23 minutes 34
seconds East for a distance of 5.01 ft., thence North 02
degrees 35 minutes 42 seconds East for a distance of 5.00 ft.,
thence 10.53 ft. along the arc of a curve, concave northerly 3
central angle of 00 degrees 03 minutes 09 seconds, a radius of
11,507.16 ft. and a chord bearing of South 87 degrees 25
minutes 52 seconds East 10.53 ft., thence South 22 degrees 30
minutes 54 seconds East 274.45 ft., thence South 67 degrees 29
minutes 13.5 seconds west 351.74 ft. thence North 21 degrees 30
minutes 31 seconds west 191.95 ft., thence South 69 degrees 34
minutes 59 seconds West 109.48 ft., thence North 21 degrees 06
minutes 48 seconds West 281.80 ft. to the point of beginning.
Parcel 2:
Lots 2 and 3, Block 5, Revised Map of Town of Bayview,
according to the plat thereof recorded in Plat Book 6, Page 23,
Public Records of Hillsborough County, Florida, of which
pinellas County was formally a part.
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29
South, Range 16 East, pinellas County, Florida, has vacated by
Resolution No. 97-154 recorded in Official Records Book 9762
page 1872, Public Records of Pinellas County, Florida, more'
Continued on next page
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PINELLAS COUNTY FLR
OFF.REC.8K 12480 PG i20
CONTINUATION OF EXHIBIT "A"
particularly described as follows:
Commence at the Northwest corner of that certain track of land
described in Warranty Deed recorded in Official Records Book
5879, Page 1052, Public Records of pinellas County, Florida,
said Northwest corner being 37.97 ft. West of the Northeast
corner of track "C" of Myron A. Smith's Bayview Subdivision, as
recorded in Plat Book 25, Page 57, Public Records of pinellas
County, Florida, and being a point on the Southerly right of
way of County Road 31, thence along the Southerly right of way,
North 67 degrees 29 minutes 05 seconds East 138.99 ft. to the
point of beginning. From said Point of Beginning continue
thence North 21 degrees 46 minutes 25 seconds West 66.04 ft. to
a point on the Northerly right of way of said County Road 31,
thence along said Northerly right of way North 67 degrees 29
minutes 05 seconds East 251.74 ft., thence South 22 degrees 30
minutes 55 seconds East 66.03 ft. to a point on the southerly
right of way of said County Road 31, thence along said
Southerly right of way South 67 degrees 29 minutes 05 seconds
West 259.60 ft. to the point of beginning.
Parcel 4:
That part of lots 1 and 4 of Block 5 of Revised Map of Town of
Bayview, according to the plat thereof recorded in Plat Book 6,
Page 23, Public Records of Hillsborough County, Florida, of
whichPinellas County was formally a part, if any, lying
easterly of the easterly boundary of lots 2 and 3 of said lot 5
and lying Westerly of Tract "A" of Myron A. Smith's Bayview
subdivision, as recorded in Plat Book 25, Page 57, Public
Records of pinellas County, Florida.
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PINELLAS COUNTY FLA.
OFF.REC.8K 12480 PG 121
This document prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
FLORlDA COMMUNITIES TRUST
FF AWARD# 01-144-FFl
FCT Contract# p?'~r- r#- t>/-~~-::r /. / Y"y
i: j(h:~:~ "8"
GRANT AWARD AGREEMENT
THIS AGREEMENT is entered into this~day of~~v"'/J'7f~, 2002, by and between the
FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida
Department of Community Affairs, and the CITY OF CLEAR WATER, a political subdivision of
the State of Florida ("FCT Recipient"), in order to impose terms, conditions, and restrictions on the
use 0 f t he proceeds 0 f certain bonds, hereinafter described, and the 1 ands acquired with such
proceeds and as described in Exhibit "A" attached hereto and made a part hereof ("Proj ect Site"), as
shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and
to otherwise implement provisions of Chapters 259.105, 259.1051, and 380, Florida Statutes.
WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act,
creates a nonregulatory agency within the Department of Community Affairs, which will assist local
governments in bringing into compliance and implementing the conservation, recreation and open
space, and coastal elements of their comprehensive plans or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments and nonprofit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the
distribution oftwenty- two percent (22%) less certain reductions ofthe net Florida Forever Revenue
Bond proceeds to the Department to provide land acquisition grants to local governments and
nonprofit environmental organizations through the FCT for acquisition of community-based projects,
urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation
areas to implement local comprehensive plans;
GAA\01-144-FF1
9/18/02
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~PINELLAS COUNTY FLA. ~
OFF.REC.8K 12480 PG 122
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the
Bonds is excluded from the gross income of Bondholders for federal income tax purposes;
WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), authorizes FCT to
impose conditions fOr fundinR on those FCT applicants whose projects have been selected for
funding in accordance with Rule Chapter 9K-7, F.A.C.;
WHEREAS, the FCT has approved the terms under which the Project Site is acquired and
the deed whereby the FCT Recipient acquires title to the Project Site shall contain such covenants
and restrictions as are sufficient to ensure that the use ofthe Project Site at all times complies with
Section 375.051, Florida Statutes and Section 9, Article xn of the State Constitution and shall
contain clauses providing for the conveyance oftitle to the Project Site to the Board of Trustees of
the Internal Improvement Trust Fund upon the failure ofthe FCT Recipient to use the Project Site
acquired thereby for such purposes; and
WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall
describe with particularity the real property which is subject to the agreement and shall be recorded
in the county in which the real property is located; and
WHEREAS, the purpose ofthis Agreement is to set forth the covenants and restrictions that
are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever Bond
award.
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
_ ~h~!,~in}. and other good and valuable consideration, the receipt and sufficiency of which is ,hereby--'_ "
acknowledged, FCT and FCT Recipient do hereby contract and agree as follows:
I. GENERAL CONDITIONS.
1. Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this
Agreement to be recorded and filed in the official public records of Pinellas County, Florida, and
referenced in the warranty deed vesting fee simple title to the Project Site in the FCT Recipient, and
in such manner and in such other places as FCT may reasonably request, and shall pay all fees and
charges incurred in connection therewith.
2. The FCT Recipient and FCT agree that the State of Florida Department of
Environmental Protection will forward this Agreement to Department of Environmental Protection
Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this
Agreement so that the tax exempt status ofthe Florida Forever Bonds is not jeopardized, FCT and
FCT Recipient shall amend the Agreement accordingly.
GAA\01-144-FFl
9/18/02
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PINELLAS COUNTY FLA
OFF.REC.8K 12480 PG i23
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3. This Agreement may be amended at any time. Any amendment must be set forth in
a written instrument and agreed to by both the FCT Recipient and FCT.
4. This Agreement and the covenants and restrictions contained herein shall run with
the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT
and the FCT Recipient and their respective successors and assigns.
5. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida, with respect to both substantive rights and with respect to procedures and
remedies.
6. Any notice required to be given hereunder shall be given by personal delivery, by
registered mail or by registered expedited service at the addresses specified below or at such other
addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed
received on the date of delivery ifby personal delivery or expedited delivery service, or upon actual
receipt if sent by registered mail.
FCT:
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
ATTN: Executive Director
FCT Recipient:
t: fr, iJ,c ?~"';4d."",,,, T"A'
/,,, f.~-r",. /1 Kl'Lr~?...-:A~r::...
c:.~r.q4~A77';( ~t: .7?;1 ..r''''
ATTN: 1-1". AL'- ~4A"'-A
7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375,
AND CHAPTER 380, PART III, FLORIDA STATUTES.
1. If any essential term or condition of this grant agreement is violated by the FCT
Recipient or by some third party with the knowledge of the FCT Recipient and the FCT Recipient
does not correct the violation within 30 days of notice of the violation, fee simple title to all interest
in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust
Fund. The FCT shall treat such property in accordance with Section 380.508( 4)( e), Florida Statutes.
GAA\01-144-FFl
9/18/02
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PINELLAS COUNTY FLA.
OFF.REC.8K 12480 PG 124
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2. Any transfer ofthe Project Site shall be subject to the approval ofFCT and FCT shall
enter into a new agreement with the transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the people of Florida.
3. The interest, if any, acquired by the FCT Recipient in the Project Site will not serve
as security for any debt of the FCT Recipient unless FCT approves the transaction.
4. If the existence of the FCT Recipient terminates for any reason, title to all interest in
real property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the
Internal hnprovement Trust Fund, unless FCT negotiates an agreement with another local
government or nonprofit organization which agrees to accept title to all interest in and to manage the
Project Site.
5. In the event that the Project Site is damaged or destroyed or title to the Project Site,
or any part thereof, is taken by any governmental body through the exercise or the threat of the
exercise of the power of eminent domain, the F CT Recipient shall deposit with the FCT any
insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace,
repair or restore the Proj ect Site in such manner as is consistent with the Agreement: The FCT shall
make any such insurance proceeds or condemnation award moneys available to provide funds for
such restoration work. In the event that the FCT Recipient fails to commence or to complete the
rebuilding, repair, replacement or restoration ofthe Project Site after notice from the FCT, the FCT
shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild
or replace the Project Site so as to prevent the occurrence of a default hereunder.
-- ~_____N2hyitbstandjng any.ofthe foregoing, FeT will have the right to seek specific performaHee~-~'='.-'-'--"
of any ofthe covenants and restrictions ofthis Agreement concerning the construction and operation
of the Project Site.
III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT.
1. The Project Site shall be managed only for the conservation, protection and
enhancement of natural and historical resources and for passive, natural resource-based public
outdoor recreation which is compatible with the conservation, protection and enhancement of the
Project Site, along with other related uses necessary for the accomplishment of this purpose. The
proposed uses for the Proj ect Site are specifically designated in the Project Plan as approved by FCT.
2. The FCT Recipient shall prepare and submit to FCT an annual stewardship report
as required by Rule 9K-7.013, F.A.C.
GAA\Ol-l44-FFl
9/18/02
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4ItINELLAS COUNTY FLA. 4It
OFF,REC,8K 12480 PG 125
3. The FCT Recipient shall ensure that the future land use designation assigned to the
Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as
appropriate. If an amendment to the FCT Recipient's comprehensive plan is required to comply with
this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle
available to the FCT'Recipient.
4. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities
under this Agreement comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the adopted and approved comprehensive plan for the
jurisdiction as applicable. Evidence shall be provided to FCT that all required licenses and permits
have been obtained prior to the commencement of any construction.
5. The FCT Recipient shall, through its agents and employees, prevent the unauthorized
use of the Project Site or any use thereof not in conformity with the FCT approved project plan.
6. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the FCT Recipient at the Project Site.
7. All buildings, structures, improvements, and signs shall require the prior written
approval ofFCT as to purpose. Further, tree removal, other than non-native species, and/or major
land alterations shall require the written approval ofFCT. The approvals required from FCT shall
not be unreasonably with-held by FCT upon sufficient demonstration that the proposed structures,
buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the
natural resources of the Project Site. The approval by FCT ofthe FCT Recipient's management plan
addressing the items mentioned herein shall be considered written approval from FCT.
8. Ifarchaeological and historic sites are located on the Project Site, the FCT Recipient
shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Proj ect Site or
the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior
written authorization has been obtained from the Department of State, Division of Historical
Resources.
9. The FCT Recipient shall ensure that the Project Site is identified as being publicly
owned and operated as a passive, natural resource-based public outdoor recreational site in all signs,
literature and advertising regarding the Project Site. The FCT Recipient shall erect a sign(s)
identifying the Project Site as being open to the public and as having been purchased with funds
from FCT and FCT Recipient.
IV. OBLIGATIONS INCURRED BY FCT RECIPIENT AS A RESULT OF BOND
PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE.
GAA \01-144- FF 1
9/18/02
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~NELLAS COUNTY FLA. ~
OFF,REC.8K 12480 PG 128
1. Ifthe Project Site is to remain subject, after its acquisition by the State and the FCT
Recipient, to any ofthe below listed activities or interests, the FCT Recipient shall provide at least
60 days written notice of any such activity or interest to FCT prior to the activity taking place, and
shall provide to FCT such information with respect thereto as FCT reasonably requests in order to
evaluate the legal and tax con-sequences of such activity or interest:
organization;
a. any lease of any interest in the Project Site to a non-governmental person or
b. the operation of any concession on the Project Site to a non-governmental
person or organization;
c. any sales contract or option to buy things attached to the Project Site to be
severed from the Project Site, with a non-governmental person or organization;
d. any use of the Project Site by non-governmental persons other than in such
person's capacity as a member of the general public;
e.a management contract of the Project Site with a non-governmental person
or organization; and
f. such other activity or interest as may be specified from time to time in writing
by FCT to the FCT Recipient.
2, FCT Recipient agrees and acknowledges that the following transaction, events, and
circumstances may not be permitted on the Project Site as they may have negative legal and tax
consequences under Florida law and federal income tax law:
a. a sale ofthe Project Site or a lease ofthe Project Site to a non-governmental
person or organization;
b. the operation of a concession on the Project Site by a non-governmental
person or organization;
c. a sale ofthings attached to the Project Site to be severed from the Project Site
to a non-governmental person or organization;
d. any change in the character or use ofthe Project Site from that use expected
at the date of the issuance of any series of bonds from which the disbursement is to be made;
e. any use of the Project Site by non-governmental persons other than in such
person's capacity as a member of the general public;
GAA\01-144-FFl
9/18/02
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~INELLRS COUNTY FLR. ~
OFF.REC,BK 12480 PG 127
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f. a management contract of the Project Site with a non-governmental person
or organization; and
g. such other activity or interest as may be specified from time to time in writing
by FCT to the FCT Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT
AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL
IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT
THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF
UTILIZINGBOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED
WITH BY THE CONTRACTING PARTY.
V. CONDITIONS THAT ARE PARTICULAR TO THE PROJECT SITE AS A RESULT
OF THE FCT APPROVED MANAGEMENT PLAN.
1. Two or more resource-based outdoor recreational facilities including a covered picnic
pavilion and wildlife observation platform shall be provided. The facilities shall be designed and
located with minimal impact to natural resources on the Project Site.
2. A permanent recognition sign shall be maintained in the entrance area of the Project
Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with
funds from the Florida Communities Trust Program and the City of Clearwater.
3. Interpretive signage shall be provided to educate visitors about the natural
environment of the Project Site.
4. At least 24 environmental education classes or programs shall be conducted annually
at the Project Site by trained educators or resource professionals.
5. A biological inventory ofthe natural communities found on the Project Site, including
the dominant and listed plant and animal species, shall be conducted prior to any site development.
The inventory shall be used to ensure the protection of biological resources and be updated
periodically.
6. The canopy trees on the Project Site shall be preserved and appropriately managed
to ensure the long-term viability ofthe trees.
GAA\01-144-FFl
9/18/02
7
.
.
4ItINELLAS COUNTY FLA. 4It
OFF,REC.BK 12480 PG 128
7. The Project Site shall be managed in a manner that will protect and enhance the
habitat for native wildlife species that utilize or could potentially utilize the site. The development
of the Management Plan shall be coordinated with the Florida Fish and Wildlife Conservation
Commission's Office of Environmental Services to ensure the preservation and viability of native
wildlife species and'their habitat.
8. The water quality of Tampa Bay near to the Project Site shall be protected and
enhanced. The County shall implement a plan to improve water quality in the area including the
removal of existing house trailer pads and asphalt driveways on the Project Site.
9. Areas adjacent to the road right-of-ways and residential neighborhood shall be
landscaped with native plant species to provide wildlife habitat and enhance the function and
appearance of the Project Site.
10. An ongoing monitoring and control program for invasive vegetation including exotic
(non-native) and nuisance native plant species shall be implemented at the Project Site. The
objective of the control program shall be the elimination of invasive exotic plant species and the
maintenance of a diverse association of native vegetation. The Management Plan shall reference the
Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive
exotics on the Project Site.
11. A feral animal removal program shall be developed and implemented for dogs, cats,
ducks, and other non-native wildlife that may be found on the Project Site.
12. Management ofthe Project Site shall be coordinated with management oftheadjacent
County mitigation area and Florida Department of Transportation stormwater facility.
13. Prior to the commencement of any proposed development activities, measures shall
be taken to determine the presence of any archaeological sites. All planned activities involving
known archaeological sites or potential site areas shall be closely coordinated with the Department
of State, Division of Historic Resources in order to prevent the disturbance of significant sites.
14. An archaeological survey shall be conducted to determine the integrity and extent of
the Indian mound that exists on the shoreline of Tampa Bay. The results of this survey shall be
reviewed in conjunction with the Division of Historic Resources to develop an appropriate protection
plan for the archaeological and historic resources on the Project Site.
15. The location and design of the parking and 0 ther si te improvements shall have
minimal impact on natural resources. The parking area shall incorporate pervious material wherever
feasible. Stormwater management facilities on the Project Site shall be designed to provide
recreational open space or wildlife habitat.
GAA \01-144- FF 1
9/18/02
8
. P INELLAS COUNTY FLA. .
OFF.REC.8K 12480 PG 129
16. Pedestrian and bicycle access to the Project Site shall be promoted through the
provision of pedestrian oriented walkways and bicycle facilities that link the Project Site with
adjacent residential neighborhoods. Bike parking stands shall be installed at the Project Site to
provide an alternative to automobile transportation to the Project Site.
,
17. An access easement connecting the Project Site to Tampa Bay shall be acquired from
Pine lIas County and shall support a multi use trail to provide shoreline access to Tampa Bay.
18. Proposed site improvements shall be designed and located to minimize or eliminate
the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation
agencies or experts.
19. The requirements imposed by other grant program funds that may be sought for
activities associated with the Project Site shall not conflict with the terms and conditions of this
agreement.
This Agreement including Exhibit "A", if required, embodies the entire agreement between
the parties.
THIS GRANT A WARD AGREEMENT embodies the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
Witness:
CITY OF CLEARWATER
By:
Print Name:
Title:
Print Name:
Print Name:
Date:
Approved as to Form and Legality:
By:
Print Name:
SEE ATTACHED.
GAA\OI-144-FFl
9/18/02
9
.
.
PINELLAS COUNTY FLA
OFF.REC.8K 12480 PG i30
CITY OF CLEARWATER, FLORIDA
By: ~..:J1....~ e- ';j)" IJ......I" If;.
William B. Horne II
City Manager
Attest:
C,. c-
o '.l. ,~,~ (
CyntH-a E. Goudeau
City G erk
ii' .~
I . ., "
,/ ,- :1,';'.( .~..~~-!. _________
STATE OF FLORIDA )
COUNTY OF PINELLAS )
/L -rr~ foreaoing instrument was acknowledged before me this / 7 day of
~ ,2002, by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
who is personally known to me.
~ ~~
~ ;~) t .
rintlType Name:. .' &' oJJ
Notary PlJbljc'.n.~ _
.4.'fs::t,~ De' A. Wilson
~~"j,"; ntse
f..( . :~ MYC.OMMISSION# CC91410tfl(l:lQ
~ . W June 18, 2004
"'~Rf..r..~' BOHoEO THRU TROY FAIN INSURANCf.lIIC.
.
.
PINELLAS COUNTY FLA
OFF.REC.8K 12480 PG i31
STATE OF FLORIDA
COUNTY OF LEON
. '#1.
The foregoing instrument was acknowledged before me thi$ --day of ~~,
2002, by Mp'rc~~ r,4..~/J$"/.;,? , as r. ~c/;. TT ~- Ih-" . She' ally
known to me.
Witness:
~,,\\\""f1"'III~
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1111";IIII1\\\\'\~
NotaI)l ublic
Print Name:
Commission No.
My Commission Expires:
TIES TRUST
~
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Print Name: 2? /l' ~4/"'" ~::T" R~':;' ,A:::
~
Print Name:
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Date:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this _ day of
2002, by , as She is personally
known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
GAA\01-144-FFl
9/18/02
10
\
\
I
" ~
.
.
PINELLAS COUNTY FLA
OFF.REC.8K 12480 PG i32
EXHffiIT "A"
PARCEL 1:
A PORTION OF TRACT "A", MYRON A. SMITH'S BAY VIEW SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PLAGE
57, PUBLIC RECORDS OF PINELLAS COUNTY, FLOIRDA, IN THE SOUTH
1/2 OF FRACTIONAL SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST
BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST 1/4 CORNER OF SAID FRACTIONAL SECTION 16
AND RUN THENCE SOUTH 89 DEGREES 27 MINUTES 56 SECONDS EAST
ALONG THE EAST AND WEST CENTERLINE OF SAID SECTION 16, FOR A
DISTANCE OF 401.99 FEET, THENCE SOUTH 00 DEGREES 32 MINUTES 04
SECONDS WEST, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE
AFORESAID TRACT "A", AND THE POINT OF BEGINNING, THENCE SOUTH
89 DEGREES 27 MINUTES 56 SECONDS EAST 243.22 FEET TO A POINT ON
CURVE, THENCE 100.68 FEET ALONG THE ARC OF A CURVE CONCAVE
SOUTHERLY THROUGH A CENTRAL ANGLE OF 00 DEGREES 45 MINUTES 36
SECONDS, A RADIUS OF 7591.44 FEET AND A CHORD BEARING OF SOUTH
87 DEGREES 05 MINUTES 12 SECONDS EAST 100.68 FEET TO A POINT OF
REFERSE CURVATURE, THENCE 135.23 FEET ALONG THE RAC OF CURVE
CONCAVE NORTHERLY THROUGH A CENTRAL ANGLE OF 00 DEGREES 40
MINUTES 24 SECONDS, A RADIUS OF 11,507 FEET AND A CHORD BEARING
OF SOUTH 87 DEGREES 02 MINUTES 36 SECONDS EAST 135.23 FEET,
thence South 02 degrees 37 minutes 12 seconds west for a
distah-ceof+S.-OO' ft., thence South 87 degrees 23 minutes 34
seconds East for a distance of 5.01 ft., thence North 02
degrees 35 minutes 42 seconds East for a distance of 5.00 ft.,
thence 10.53 ft. along the arc of a curve, concave northerly 3
central angle of 00 degrees 03 minutes 09 seconds, a radius of
11,507.16 ft. and a chord bearing of South 87 degrees 25
minutes 52 seconds East 10.53 ft., thence South 22 degrees 30
minutes 54 seconds East 274.45 ft., thence South 67 degrees 29
minutes 13.5 seconds west 351.74 ft. thence North 21 degrees 30
minutes 31 seconds west 191.95 ft., thence South 69 degrees 34
minutes 59 seconds West 109.48 ft., thence North 21 degrees 06
minutes 48 seconds West 281.80 ft. to the point of beginning.
Parcel 2:
Lots 2 and 3, Block 5, Revised Map of Town of Bayview,
according to the plat thereof recorded in Plat Book 6, Page 23,
Public Records of Hillsborough County, Florida, of which
pinellas County was formally a part.
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29
South, Range 16 East, pinellas County, Florida, has vacated by
Resolution No. 97-154 recorded in Official Records Book 9762
page 1872, Public Records of Pinellas County, Florida, more'
Continued on next page
-1-
,
.
.
PINELLAS COUNTY FLA
OFF.REC.8K 12480 PG i33
CONTINUATION OF EXHIBIT "A"
particularly described as follows:
Commence at the Northwest corner of that certain track of land
described in Warranty Deed recorded in Official Records Book
5879, Page 1052, Public Records of Pinellas County, Florida,
said Northwest corner being 37.97 ft. West of the Northeast
corner of track "C" of Myron A. Smith's Bayview Subdivision, as
recorded in Plat Book 25, Page 57, Public Records of pinellas
County, Florida, and being a point on the Southerly right of
way of County Road 31, thence along the Southerly right of way,
North 67 degrees 29 minutes 05 seconds East 138.99 ft. to the
point of beginning. From said Point of Beginning continue
thence North 21 degrees 46 minutes 25 seconds West 66.04 ft. to
a point on the Northerly right of way of said County Road 31,
thence along said Northerly right of way North 67 degrees 29
minutes 05 seconds East 251.74 ft., thence South 22 degrees 30
minutes 55 seconds East 66.03 ft. to a point on the southerly
right of way of said County Road 31, thence along said
Southerly right of way South 67 degrees 29 minutes 05 seconds
West 259.60 ft. to the point of beginning.
Parcel 4:
- - __'~-'_~---'_~.,...n
That part of lots 1 and 4 of Block 5 of Revised Map of Town of
Bayview, according to the plat thereof recorded in Plat Book 6,
Page 23, Public Records of Hillsborough County, Florida, of
which Pinellas County was formally a part, if any, lying
easterly of the easterly boundary of lots 2 and 3 of said lot 5
and lying Westerly of Tract "A" of Myron A. Smith's Bayview
subdivision, as recorded in Plat Book 25, Page 57, Public
Records of pinellas County, Florida.
-2-
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Sli'\Tf:: OF r-LOR!D,~ - PiNc1.U,s COUNTY
i il>3fGby omiTY that tllS f:::7e>JOing is a true copy
as the s8n~~ apppaf<\, mr~cng the flies and
records of ;,"us Cl'purt 1. '.
This. ,-'1.' .dr.lYd1-....../,1..;L~. '~ ~.."..."
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.... :U)brk of Cfc,uit "ou,1
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By\ /jUY~'ul"1 C/ ~/ ,..A-/ ~
i Deputy Cieri<
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. CITY OF CLEAR.TER
APPLICATION FOR ZONING ATLAS AMENDMENT
PLANNING SERVICES
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR
PHONE (727) 562-4567 FAX (727) 562-4576
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APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION:
SITE INFORM~TION:
LOCATION:~ hf' Se'lA ~"'''''~ ~.\. GtlfMJ 0' .I-~t. (6""-,, -h,~'1. (Y1(.~ 1n~t.()t \",,...
STREET ADDRESS: 30 ~5 ~<.A \{ ..It, (6"1 ~
LEGAL DESCRIPTION: S ~ ~ i (\, I tit J 'C. J ~ (A (' \J ~ '/
PARCEL NUMBER' J6/!J.q( I' ~ ~!) 10(, 1-16/60" I~ 14.53&"/1. / o. 5/90 3 OJ 1t/2-"; /193/0'/000 U I I
EXISTING ZONING, (VI Jd f (t. - '; ( "" rl, )
05((
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'Ie 40
REASON FOR REQUEST: 4.0
APPLICANT NAME:
MAILING ADDRESS:
PHONE NUMBER:
PROPERTY OWNERS:
(List all owners)
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
PROPOSED ZONING:
LAND USE PLAN
CLASSIFICATION:
SIZE OF SITE:
C\t.D(v.JD.\-~( - ~,,(ks ,,(\) It('(l~'\O~ O"'p~
if 7 '-18- cf ~o r \AI C\.}t. r I ~'- 3 ~ ~ 5"8. C.(i-'1S
FAX NUMBER: S"'6 ~ - '{ e:J..!J-
c\ .t. f.\ ( "'" C' ~ 4l..('
-
JAN 2 J 2003
FAX NUMBER:
PLANNiN~ ,; IJ~:\;": i-, '-.-
( F CLEN..;WATER
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STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this ~3rJ. day of
i~/1~~ ' A.D., j.9 ~ {,()~ to me and/or
by . 6hd Q. rfl/jf~, Tt. , who iuersonally--~
~wn s produceg as
. . ",';r,~ Po", KhIlD"',1v L Sta~~J3
Icatlon. f:'fl:......'t;~ MY COMMISSION. # CC829127 EXPIRES
~ iJ/ ApPI 22. 2003
...,~.....~.." BONDED THRU T~OYFAIN INSURANCE. INC
,Rf..ll\'
I, the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my
knowledge.
Notary public,
my commission expires:
Page 1 of 2
. CITY OF CLEAR,tTER
PLANNING SERVICES
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
SUPPLEMENT AL INFORMATION REQUIRED FOR APPLICATIONS FOR
ZONING ATLAS AMENDMENTS
Please submit 15 copies of the attached Applieation for Zoning Atlas Amendment and the following
supplemental information:
A legal description of the property. If the property is not a platted lot of record, a current
boundary survey prepared, signed and sealed by a land surveyor currently registered in the
State of Florida.
Proof of ownership, including a copy of the deed, title insurance policy, or other instrument
demonstrating ownership.
Names of all persons or corporations having a contractual interest in the property.
A copy of any existing deed restrictions to which the City is a part relating to the property.
Any request for a rezoning which is inconsistent with the Future Land Use designation in the
Comprehensive Plan must be accompanied by an application for a Future Land Use Plan
Amendment.
Attendance at Public Hearinas
The applicant or applicant's representative should be present at both the Community Development
Board and City Commission public hearings, unless the annexation involves property developed or to
be developed with one single family dwelling.
Standard for Review
All approvals of zoning atlas amendments must comply with the following standards:
1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the
Comprehensive Plan and furthers the purposes of the Community Development Code and other
City ordinances and actions designed to implement the Plan.
2. The available uses to which the property may be put are appropriate to the property that is subject
to the proposed amendment and compatible with existing and planned uses in the area.
3. The amendment does not conflict with the needs and character of the neighborhood and the City.
4. The amendment will not adversely or unreasonable affect the use of other property in the area.
5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities
of streets, in an unreasonably or disproportionate manner.
6. The district boundaries are appropriately drawn with due regard to locations and classifications of
streets, ownership lines, existing improvements and the natural environment.
Page 2 of2
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CDB Meeting Date: March 18. 2003
Case Number: LUZ2003-0 100 1
Agenda Item No. C-4
ORIGINAL
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
City of Clearwater
REPRESENTATIVE:
Art Kader, Assistant Director, Parks and Recreation
Department
LOCATION:
3035 Gulf to Bay Boulevard, located at the southwest
comer of the Gulf to Bay-McMullen Booth intersection.
REQUEST:
To amend the Comprehensive Plan's Future Land Use Map
from Residential Low Medium (RLM) (County) and
Residential Urban (RU) to the Recreational/Open Space
(RIDS) category; and
To rezone from the R-4, One, Two and Three Family
Residential (County) and MHP, Mobile Home Park (City)
Districts to the OSR, Open Space/Recreation District.
SITE INFORMATION
PROPERTY SIZE:
191,664 square feet or 4.4 acres
DIMENSIONS OF PROPERTY: 470 feet wide by 400 feet deep m.o.I.
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Park
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low Medium (RLM) (County) & Residential
Urban (RU)
Recreation/Open Space (RlOS)
Staff Report - Community Development Board - January 21,2003 - Case LUZ2003-0 100 1
Page 1
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ZONING DISTRICT:
Current District:
Proposed District:
R-4, One, Two and Three Family Residential (County) and
MHP, Mobile Home Park (City)
OSR, Open Space/Recreation District
EXISTING
SURROUNDING USES:
North: Office & Overnight Accommodation
South: Single-family residential & Retention Pond
East: Retention Pond & Bayside Bridge
West: Single-family residential & Vehicle service station
ANALYSIS:
Introduction:
This Future Land Use Plan amendment and rezoning application involves three (3) vacant parcels
of land, approximately 4.4 acres in area. The subject site has Future Land Use Plan designations
of Residential Low Medium (RLM) (County) and Residential Urban (RU) and zoning
classifications of R-4, One, Two and Three Family Residential (County) and MHP, Mobile
Home Park (City). In 1999, The Laura Nall Connolly Trust submitted an application, which
involved the properties associated with this current case, for annexation (ANX 99-14) and future
land use plan and zoning amendment (LUZ 99-001) to change the future land use to
Residential/Office General (RIO G) and the zoning to the 0, Office District. The annexation
portion of the request was approved, while the future land use plan and zoning amendment
request was denied. As a result of this denial, the land was annexed into City jurisdiction, but the
future land use plan category and zoning districts remained unchanged.
The Laura Nall Connolly Trust filed a lawsuit against the City of Clearwater as a result of the
denied future land use plan and zoning amendment request. The proposed future land use plan
and zoning amendment are part of the stipulation invoked by the June 21, 2002 Circuit Court
decision involving this case. The City of Clearwater purchased the property as part of an
agreement with the Florida Community Trust, Pinellas County and the Trust for Public Land to
preserve the site as a city park. The city is submitting this application to amend the future land
use plan categories to Recreation/Open Space (RlOS) and the zoning districts to OSR, Open
Space/Recreation.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the size of the plan amendment request, review and
approval by Florida Department of Community Affairs is not required.
Staff Report - Community Development Board - January 21,2003 - Case LUZ2003-01001
Page 2
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I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.l &
4-603 .F.l]
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
24.4 Objective - Preserve natural open space areas which constitute aesthetic and/or ecological
community assets.
24.4.3 Policy - Continue to designate appropriate land "Preservation" and "Recreation/Open
Space" in the Future Land Use Plan whenever feasible.
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
The purpose of the proposed Recreation/Open Space (RlOS) category as specified in Section
2.3.3.7.2 of the Countywide Rules is to designate areas County that are now used, or appropriate
to be used, for open space and/or recreational purposes and to recognize the significance of
providing open space and recreational areas as part of the overall land use plan. The
Recreation/Open Space (RlOS) category is generally appropriate to public and private open
spaces and recreational facilities throughout the County. The areas should recognize the natural
and man-made conditions which contribute to the active and passive open space character of
such locations. The primary uses associated with the RlOS category are PublicIPrivate Open
Space; PubliclPrivate Park; Public Recreation Facility; Public Beach/Water Access and Golf
Course/Clubhouse uses.
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
III. COMPA TIBILITY WITH SURROUNDING PROPERTY! CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
Gulf to Bay Boulevard Corridor
Gulf to Bay Boulevard is a six lane divided roadway with frequent traffic signals. The Gulf to
Bay corridor in this area between U.S. 19 North and McMullen Booth Avenue is characterized by
a variety of development including commercial, overnight accommodation, transportation/utility,
institutional, office and residential uses. The Countywide Future Land Use Plan has designated
land in this area on the south side of Gulf to Bay Boulevard Commercial General, Transportation
Utility, Institutional, Residential/Office General, Residential Medium, Residential High,
Residential Urban, and Residential Low Medium. The area on the north side of Gulf to Bay
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-0 100 1
Page 3
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Boulevard has been designated Commercial General, Recreation/Open Space and Residential
Low Medium.
Immediate Surrounding Area
The Future Land Use Plan (FLUP) categories for the immediate surrounding areas to the west are
Residential Urban (RU) and Commercial General (CG). The Residential Urban (RU) category
also borders the site to the south. The properties to the north of the subject site have a
Commercial General (CG) designation, while the property to the west is designated
Transportation/Utility (T/U).
The existing surrounding uses include single-family residential dwellings to the south and west,
as well as a vehicle service station to the west. A retention pond and the Bayside Bridge are
located to the east of the property and overnight accommodations and an office structure occupy
the properties to the north.
The proposed land use plan amendment is compatible with surrounding uses due the recreational
character of the use.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5]
As stated earlier, the subject site is approximately 4.4 acres in area and is presently a vacant
parcel of land. Based on a maximum permitted density of 7.5 dwelling units per acre in the
Residential Urban (RU) category and a maximum permitted density of 10.0 dwelling units per
acre in the Residential Low Medium (RLM) category, 33 dwelling units could be constructed on
this site. The maximum development potential in the Residential/Open Space (RlOS) category is
a FAR of 0.25, which would permit the development of a 47,044 square foot building on the site.
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed Future Land Use Plan categories and are included in the next table.
US 19 NandBa shore Blvd
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri S3
Volume of GTB Blvd from US 19 N to Ba shore Blvd
LOS of Memorial Causewa from Drew Street to SR 60
N/A = Not Applicable LOS = Level-of-Service
1 = Based on PPC calculations of 70 trips per acre per day for the Residential Urban and the 63 trips per day per acre for the Residential Low Medium
Future Land Use Plan Category. 2 = Based on PPC calculations of 4 trips per acre per day for the Residential/Open Space Future Land Use Plan
Category. 3 = City Calculation of 12.5%
Source: "The Rules" 0 the Count wide Future Land Use Plan
Net New
Trips
( - 281)
( -35)
(-281)
F
The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf to Bay Boulevard section between US 19 North and
Staff Report - Community Development Board - January 21,2003 - Case LUZ2003-0 100 1
Page 4
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Bayshore Boulevard a level of service (LOS) F. The traffic generation for the proposed
Recreation/Open Space (RlOS) category is less than the current Residential Urban (RU) and
Residential Low Medium (RLM); therefore, no negative impacts are anticipated to surrounding
roadways. In addition, ingress and egress for the site will be located on the CR 31 right-of-way,
as opposed to the Gulf to Boulevard right-of-way.
Specific uses in the current and proposed zoning districts have also been analyzed for the amount
of vehicle trips that could be generated based on the Institute of Transportation Engineer's
Manual.
Daily
Trips!
Existing
Zoning
Daily
Trips..
Pmposed
ZOning
Existing Zoning
0.6 Acres/ 38 N/A
4 d.u.
3.8 acres/ 182 N/A
38 d.u.
Total Traffic Generated 4.4 Acres 220 N/A
from Site Area
31
4
3
175
22
21
206
26
24
Proposed Zoning
City Park 4.4 acres
(1.59 trips per acre)
N/A - Not Applicable
Source: ITE Tri Generation Manual, 6th Ed., 1997
7
N/A
N/A
Based on the ITE Trip Generation Manual a Mobile Home Park would result in an increase in
traffic generation. As the proposed use that will occupy this site is a city park, traffic generation
is anticipated to be at a much lower rate. Due to the location of this site, access and egress areas
will be located in the CR 31 right-of-way. The transportation impacts associated with the
proposed land use plan amendment and rezoning will be minimal and the LOS for Gulf to Bay
Boulevard will not be degraded.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located along an existing
transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit
Authority (PST A) bus service is available along Gulf to Bay Boulevard.
Staff Report - Community Development Board - January 21,2003 - Case LUZ2003-01001
Page 5
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Water
The current zoning district could demand approximately 8,250 gallons per day. Under the
proposed zoning district, water demand could approach approximately 4,704 gallons per day if
developed to the site's maximum potential as a 47,044 square foot building. However, as the
proposed use for the site is a passive park, demand on the City's current LOS for water will be
considerably less.
Wastewater
The current zoning district could demand approximately 6,600 gallons of wastewater per day.
Under the proposed zoning district, sewer demand could approach approximately 3,763 gallons
per day if developed to the site's maximum potential as a 47,044 square foot building. However,
as the proposed use for the site is a passive park, demand on the City's current LOS for
wastewater will be considerably less.
Solid Waste
The current zoning district could result in 83 tons of solid waste per year. As no category has
been established for parks and recreation facilities, the parking structure category, at 0.3 pounds
per square footage of building per year, was used to calculate the amount of solid waste that
could be generated by the site. Under the proposed zoning district, solid waste demand could
approach approximately 7 pounds per year if developed to the site's maximum potential as a
47,044 square foot building. However, as the proposed use for the site is a passive park, demand
on the City's current LOS for solid waste will be considerably less.
Recreation and Open Space
The proposed land use plan amendment and rezoning will positively impact the LOS of
recreational acreage or facilities, as the proposed use of the property is recreation space.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Prior to development of the subject property, site plan approval will be required. At that time, the
stormwater management system will be required to meet all City and Southwest Florida Water
Management District (SWFWMD) stormwater management criteria. Water quantity and quality
will be controlled in compliance with the Clearwater Comprehensive Plan.
As the proposed development of the site is a passive park that will preserve much of the natural
landscaping, the impact on the environment will be minimal.
VI. LOCA TION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
The district boundaries are appropriately drawn with regard to location and classifications of
streets, ownership lines and existing development and improvements. The location of the
proposed Open Space/Recreation boundaries are logical and the site will complement the
existing LMDR District and R4 (County) Classifications to the west and south and will provide a
logical buffer between these properties and the Bayside Bridge to east and Gulf to Bay Boulevard
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-0 1 00 1
Page 6
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to the north. Commercial, Institutional and Open Space/Recreation zoning districts generally
front on Gulf to Bay Boulevard between US 19 North and the Courtney Campbell Causeway.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602.F.I. and .2.]
The proposed OSR, Open Space/Recreation District permits a FAR of 0.25 and the existing
MHP, Mobile Home Park and R4, One, Two and Three Family Residential (County) Districts
permits a slightly more intensive FAR of 0.50 and 0.40, respectively. The 0.60 ISR of the
proposed OSR zoning district is considerably less than the existing ISR at 0.75 for the MHP
District and 0.65 for the R4 District. The subject site is 191,664 square feet in area and 500 feet
wide; however, there are no minimum lot area and width requirements for parks and recreation
facilities in the OSR zoning 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 proposed use of these properties is consistent with the Open Space/Recreation zoning district
regulations.
SUMMARY AND RECOMMENDATIONS
An amendment of the Future Land Use Plan from Residential Urban (RU) and Residential Low
Medium (RLM) to Residential/Open Space (RlOS) and a rezoning from MHP, Mobile Home
Park (City) and R4, One, Two and Three Family Residential (County), to the OSR, Open
Space/Recreation District for the subject site is requested to enable the City to develop the site as
a park. There are no minimum requirements for the proposed use of the property as a park and
recreation facility. The neighborhood is surrounded by single-family residential dwellings to the
south and west, a vehicle service station to the west, overnight accommodations to the north, a
retention pond to the south and east and the Bayside Bridge to the east. The proposed future land
use plan amendment and rezoning will be compatible with the immediate neighborhood, as it is
primarily residential.
The proposed Recreation/Open Space (RlOS) Future Land Use classification and OSR, Open
Space/Recreation zoning district are consistent with both the City and the Countywide
Comprehensive Plans, are compatible with the surrounding area, do not require nor affect the
provision of public services, are compatible with the natural environment and are consistent with
the development regulations of the City.
Staff Report - Community Development Board - January 21,2003 - Case LUZ2003-0l 00 I
Page 7
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The Planning Department recommends APPROVAL of the following actions on this application:
1. Amend the Future Land Use Plan designation of 3035 Gulf to Bay Boulevard
from Residential Urban (RU) and Residential Low Medium (RLM) to
Recreation/Open Space (RlaS); and
2. Amend the Zoning District designation of 3035 Gulf to Bay Boulevard from
MHP, Mobile Home Park (City) and R4, One, Two, Three Family Residential
(County) to the aSR, Open Space/Recreation District.
Prepared by Planning Department staff:
Marc A. Mariano, PI nner
Attachments
Application
Location Map
Aerial Photograph
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:\Planning DepartmenflC D B\Land Use Amendments\LUZ 2003\LUZ2003-0JOOl City of Clearwater 3035 Gulf to Bay Blvd\LUZ2003-
01001 3035 Gulf to Bay Blvd City of Clearwater-Staff Report. doc
Staff Report - Community Development Board - January 21,2003 - Case LUZ2003-0 100 1
Page 8
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA CITY ATTORNEY
THE LAURA NAll CONNOllY TRUST,
Plaintiff,
V5.
CASE NO. 01-002523-CI-15
CITY OF CLEARWATER, FLORIDA
Defendant.
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FINAL JUDGMJwr'. ;-~--~-
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THE ABOVE CAUSE came on for hearing on the Stipulation for Entry of Final
Judgment executed by the parties on the 02/ day of ~ 2002, and the Court
being fully advised in the premises, it is hereby
ORDERED that:
1. This Court has jurisdiction over the parties and the subject matter of this
action.
2. Plaintiff, THE LAURA NAll CONNOllY TRUST, and Defendant, CITY OF
CLEARWATER, were and are fully authorized to enter into the Stipulation for Entry of
Final Judgment of ~. rJ I , 2002, and the Stipulation for Entry of Final Judgment
is valid and binding upon Plaintiff and Defendant.
3. The court accepts, confirms and incorporates the terms of the Stipulation
for Entry of Final Judgment entered into on ~ .:J I , 2002, and filed herein, and
the parties are hereby ordered to comply with the terms and conditions of the
,
.
.
Stipulation for Entry of Final Judgment as if said terms and conditions were fully set
forth herein.
4. The Court hereby retains jurisdiction of this cause and the parties hereto
for purposes of enforcing the Stipulation for Entry of Final Judgment and this Final
Judgment.
5. This Final Judgment is intended, and shall be construed, as creating a
covenant which runs with the land, and the same shall be binding upon Plaintiff,
Defendant and any and all successors in title to the real property located in Clearwater,
Pinellas County, Florida, which property is more fully described in the Stipulation for
Entry of Final Judgment, a copy of which is attached to this Final Judgment.
6. Any party hereto, or any successor in interest to the real property
described in the Stipulation for Entry of Final Judgment attached as an exhibit to this
Final Judgment, shall have the right to enforce this Final Judgment by motion for
injunctive relief, or by any other civil remedy available at law or in equity.
DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this
day of
, 2002.
CIRCUIT JUDGE
Copies furnished to:
Darryl R. Richards, Esquire
Leslie K. Dougall-Sides, Esquire
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRc.cg~DW~W
IN AND FOR PINElLAS COUNTY, FLORIDA J U l 0 Y Ii:'.
THE LAURA NAll CONNOllY TRUST,
CITY ATTORNEY
Plaintiff,
V5.
CASE NO. 01-002523-CI-15
CITY OF CLEARWATER, FLORIDA
Defendant.
I
STIPULATION FOR ENTRY OF FINAL JUDGMENT
Plaintiff, THE LAURA NALL CONNOLLY TRUST, and Defendant, CITY OF
CLEARWATER, a municipal corporation organized and existing under the laws of the
State of Florida, hereby stipulate and agree as follows:
1. THE LAURA NALL CONNOLLY TRUST, a Florida trust, is the Plaintiff in this
action and the owner of property which is the subject of this action ("the Property'').
The Property, described more fully in Exhibit "1" attached hereto and incorporated
herein by reference, consists of 4.47 acres currently unimproved, with current
comprehensive land use plan classifications of "Residential Low tviedium" and
"Residential Urban," and currently located within the "Mobile Home Park" City zoning
district. Plaintiff applied for a comprehensive land use plan amendment to the
"Residential/Office Limited" classification and for a rezoning to the "Office" zoning
district for the subject property, which applications were denied by Defendant CITY OF
CLEARWATER, resulting in the filing of this action.
.
.
2. Plaintiff and Defendant desire to amicably resolve the dispute that has
arisen between the parties in regard to the appropriate comprehensive plan land use
category and zoning district applicable to the property.
3. The proceedings in this action have been stayed by previous order of the
Court based upon proposed purchase of the subject real property through the Florida
Communities Trust program.
4. In order that the dispute may be resolved and the transaction may be
completed, the parties hereby stipulate and agree that the Property has a
comprehensive plan land use classification of "Residential/Office Limited" and a zoning
district classification of "Office." The parties also stipulate that Plaintiff or its successor
in title shall be entitled to all benefits of the Residential/Office Limited land use
classification and Office zoning district for the Property.
5. Plaintiff or its successor in title shall be required, in the event the property
is developed, to submit a site plan and building permit applications to the City of
Clearwater in accordance with land use and building code provisions in effect at the
time of such submittal.
6. This Stipulation for Entry of Final Judgment and the final judgment to be
entered by the Court shall be enforceable by either party by injunctive relief or by any
other legal or equitable remedy available in civil actions at law or in equity.
7. This Stipulation for Entry of Final Judgment and the attached final
judgment shall be deemed to establish property rights and obligations that run with the
.
.
land and that are binding upon and enforceable against and in favor of Plaintiff, its
successors in title, and the City of Clearwater.
8. The parties and their successors and assigns shall be bound by the terms
of this Stipulation for Entry of Final Judgment upon its execution and confirmation by
the entry of the attached final judgment in this cause, unless the terms hereof are
modified by mutual agreement of the parties and are approved by the Court at a later
date.
9. The Court shall retain jurisdiction over the subject matter and the parties
for the purposes of enforcing the executory provisions of this Stipulation for Entry of
Final Judgment and the attached final judgment.
10. This Stipulation for Entry of Final Judgment and final judgment in this
cause shall be recorded at the expense of Plaintiff and a recorded copy thereof shall be
provided to the City of Clearwater.
11. No other agreement, either express or implied, which is not made a part
of this Stipulation for Entry of Final Judgment and the final judgment of the Court shall
be binding and enforceable against the parties hereto with respect to the parcels
described herein, and any modifications or amendments to this Stipulation for Entry of
Final Judgment shall be in writing, signed by all parties, and approved by the Court.
This Stipulation for Entry of Final Judgment and the attached final judgment shall apply
only to the real property described in Exhibit "1" hereto, and not to any other property
now owned or later acquired by Plaintiff.
e
.
12. Plaintiff hereby represents that all necessary action has been taken by
Plaintiff to make this stipulation binding and effective. The Clearwater City Commission
approved this Stipulation for Entry of Final Judgment on June 20
, 2002.
13. Each party shall bear its own attorneys' fees and costs of this action.
June
DATED this 21st day of pqll~f1t, 2002. By execution of this Stipul,ation for Entry
of Final Judgment in the space below, the parties agree to be bound by the terms and
conditions of this Stipulation for Entry of Final Judgment.
THE LAURA NAll CONNOllY TRUST
BY:~'"
Darryl R. Ricfards
JOHNSON, BLAKELY, POPE,
BOKOR, RUPPEL & BURNS, P.A.
Title: Attorney for Plaintiff, The Laura
Nail Connolly Trust
~nL~
Briarf J. Aun' .
Mayor-Com ssioner
------
CITY OF CLEARWATER, FLORIDA
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BY'... .' et::!t.d4r7.-"" ,. .
William B. Horne II
City Manager
Countersigned:
Approved as to form:
Attest:
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leslie K. Dougall-Sid I
Assistant City Attorney
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Cynthia E. Goudeau
City Oerk
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". commend~' at tne'N~~hw'~stc:~~'~r .oith-~t: ~~rtai~ tract' of land described In Warranty D~~d ". . .
recorded In Official Records Beck 5879, page 1052, Public Records cf Pll1lillas County, Florida, said
Northwest corner baIng 37.97 feet: Wesc or thll Northeast comer cf Tract C of MYRON A. SMITH'S
BAY VIeW SUBDIVrSION. u re~rded In Plat Sook :2.5, page 57, Publl~ ~ecords of PIn-lias County,
FlorId. Inc:1 being a pcfnt on the SoutherlY rIght Dr way of County Road 31; thencs along thl! '.
Southerly right of way.. North 67~2$'OS. Eut, 138.99 feet to the POINT OF BEGINNING; thence
North 21"46'2511 West, 66.04 rut to a poInt on the Northerly right of way of saId County ~oad 31;
thence alQI'l9 s81d Northerly rl~ht of Wii1y, North (57"29'05" E"ollst, 251. 74 feet; thence South .
;2 2 "30' 55" east, ~6. 03 feet to a poInt on thll Southerly Hght or 'Nay of said Cou nt)' Road 31;' thence
along saId Southl:rly rl9h~ or way, South 67"29'05- West, ,259.60 ree~ to the POINT OF BEGINNING.'
PARCEL 4:
EXHIBIT 1
4tlearwater City Commission
Agenda Cover Memorandum
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.
SUBJECl/RECOMMEN DA liON:
Approve a contract to purchase real property legally described as a portion of Tract A, Myron A. Smith's
Bay View Subdivision, according to plat thereof, as recorded in Plat Book 25, Page 57 , Public Records of
Pinellas County, Florida, in the 51/2 of Fractional Section 16, Township 29 South, Range 16 East, more
commonly known as "Bayview Park" from The Trust for Public Land (TPL) a California Non-Profit
Corporation, for $1,900,000 of which the City portion will be $212,500, and authorize acceptance of the
deed,
Final Agenda Item #
Meeting Date:t /?JO;f/
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~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· On January 24, 2002 the City Commission accepted a grant and approved a conceptual agreement
between the Florida Communities Trust (FCT) and the City of Clearwater for the acquisition of 4.34 acres of
land, commonly known as the Bayview Park.
· The Trust for Public Land (TPL), a non-profit corporation, purchased the property in question during 2002
in order to preserve and protect the land for future use by the citizens of Clearwater and Pinellas County
with intentions to sell the property to the City of Clearwater.
· An appraisal of the property performed by N.A. Clarizio and Associates, Inc. on March 19, 2002 valued the
subject property at $1,920,000. A second appraisal performed by Trigg, Catlett & Associates on March 26,
2002, valued the subject property at $$1,870,000
.The proposed purchase price of $1,900,000 is well within the appraised value of the property.
· There is a contingent in the agreement that requires TPL to donate $50,000 toward the final adjusted total
purchase price to the City. In this way the City and County can count the land donation as part of the
required 25% match which is required by the agreement.
· Funding for the purchase of the property is provided in the following manner:
$1,425,000
$ 212,500
$ 212,500
$ 50.000
$1,900,000
Florida Community Trust
Pinellas County
City of Clearwater
Trust for Public Land (land donation)
Total
· The County Board of Commissioners will be considering this item at their August 20, 2002 meeting. The
County will provide a recreation/maintenance easement on property adjoining the park as outlined in the
management plan for the grant.
Reviewed by: Originating Dept.: Costs
legal ~ Info Srvc NA Parks & Recreation ~ Total 212,500
Kevin Dunbar
Budget Public Works NA User Dept.: Funding Source:
Purchasing DCM/ ACM Parks & Recreation Current CIP 212,500
FY
Isk Mgmt NA Other Attachments OP
Other
Submitted by: ~ ~
City Manager o None Appropriation Code:
315-93129
~I Printed on recycled paper
. The City portion or the mat.as approved by the Commission ceugust 16, 2001 and is available in
capital project 315-93129. ..~
. The property will be used as a passive park with minimal development such as mulched nature paths,
educational signage picnic area and boardwalk to provide access to a sandy beach area on Old TamP_nay.
Remnants of the old mobile home park will be removed and the uplands will be vegetated with nativ
flora. A management plan for the park has been completed and submitted to FCT for approval. Total
estimated cost of the phased park improvements will be approximately $180,000. Anticipated on going
maintenance costs are budgeted in the amount of $26,790 and have been included in FY 2002/03
operating budget. Funding for the park improvements will come from recreation impact fees if donations
and grants cannot be secured.
. A copy of the Agreement is available for review in the City Clerk office.
.
.
2
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~
ORDINANCE NO. 6645-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY CONSISTING OF A
PORTION OF 603 MEADOWLARK LANE LOCATED
APPROXIMATELY 275 FEET SOUTH OF GULF- TO-BAY
BOULEVARD, ALSO KNOWN AS LOT 2, TOWN OF BAYVIEW
SUBDIVISION, AS SET FORTH IN PLAT BOOK 1, PAGE 51, OF
THE PUBLIC RECORDS OF HILLS BOROUGH COUNTY,
FLORIDA; A PORTION OF 3012 COUNTY ROAD 31 LOCATED
APPROXIMATELY 260 FEET EAST OF BAYVIEW AVENUE,
ALSO KNOWN AS LOT 3, TOWN OF BAYVIEW SUBDIVISION,
AS SET FORTH IN PLAT BOOK 1, PAGE 51, OF THE PUBLIC
RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; AND A
VACATED PORTION OF COUNTY ROAD 31 APPROXIMATELY
470 FEET EAST OF BAYVIEW AVENUE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
VVHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See legal description attached hereto as Exhibit B. (A 99-14)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
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Ordinance No. 6645-01
!
.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved .as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
.
February 15, 2001
March 1, 2001
Brian~/~
Mayor-Commissioner
Attest:
C~2: ~.-
Cyn E. Goudeau"
City . rk
Ordinance No. 6645-01
.~
.
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EXHIBIT B
A portion of the land described in warranty deed recorded in O.R. Book 2586, Page
360, Public Records of Pinellas County, Florida, further described as follows:
Commence at the SW corner of the SW ~ of the NW ~ of Section 16, Township 29
South, Range 16 East, Pinellas County, Florida, thence S 890 27' 56" E, a distance of
401.99 feet to a point; thence S 000 32' 04" W, a distance of 50.00 feet to a point;
thence S 210 16' 48" E, a distance of 281.80 feet to a point; thence N 690 34' 59" E, a
distance of 10.00 feet to the Point of Beginning; thence N 690 34' 59" E, a distance of
99.48 feet to a point; thence S 21030' 31" E, a distance of 194.98 feet to a point;
thence S 690 34' 59" W, a distance of 100.80 feet to a point; thence N 210 06' 49" W, a
distance of 191.96 feet to the Point of Beginning
and
All being in Section 16, Township 29 South, Range 16 East, Pinellas County, Florida
and being more particularly described as follows:
Commence at the northwest corner of Tract B of Myron A. Smith's Bay View
Subdivision, according to the map or plat thereof as recorded in Plat Book 25, Page 57
of the Public Records of Pinellas County, Florida, said point being on the southerly
right-of-way of County Road #31, thence run N 6r 29' 05" E, along said southerly right-
of-way, 100.00 feet to the Point of Beginning; thence N 21030' 31" W, 66.01 feet to a
point on the northerly right-of-way of said County Road #31; run thence along said
northerly right-of-way, N 6r 29' 05" E, 251.74 feet; run thence S 220 30' 55" W, 66.00
feet to a point on the southerly right-of-way of said County Road #31; run thence S 6r
29' 05" W, along said southerly right-of-way, 252.90 feet to the Point of Beginning.
Ordinance No. 6645-01
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OWNER:
Laura Nail Connolly Trust
i CASE ANX 99-14
I PROPERTY SIZE (ACRES): 4.47
SITE:
3035 Gulf To Bay Boulevard
FROM,
TO,
ZONING
R-4 / MHP
LAND USE
Residential Urban / Residential Low Medium
Of/ice
Office
PIN: 1B/29/16/83106/000/0100
ATLAS 301A
PAGE:
Ordinance No. 6645-01
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ZONING MAP
Owner: City of Clearwater Case: LUZ2003-0 1001
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City). 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
t
CITY OF CLEARWA'.lER
," 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
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APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION:
APPLICANT NAME ((, ,,1- clec., - ~ '-~ - p Co (k, n ~ ). (l. L r .....\i 0 .... 0 Oe ~
MAILING ADDRESS: l C10 .s'. fYJ~~k AIJ t. ( P.O. gox tj ~4e) C /~, "'" A.kr ~:}S"e" 'i j."f
PHONE NUMBER: 5""6.1- '1 PJo 0 FAX NUMBER: 6"6 ~- t; eM
PROPERTY OWNERS: [t 4-1 0 {- c ~o r '-' eo
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PHONE NUMBER:
FAX NUMBER:
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(List all owners)
AGENT NAME:
MAILING ADDRESS:
I (We), the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my/(our)
knowled ,
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and ubscribed before me this ~~rd day of
lAd Ii , A.D., 1& ~{)f)3 to me
I who is
as identification.
..",-.:r.;':r~t;; Kimberly L Staggs
~:~'J:,;.\;.. MY COMMISSION # CC829127 EXPIRES
~,:,~:~j April 22. 2003
'1.'lR' 'F "'~~. BONDED THRU TROY FAIN INSURANC( INC
,~ tll\'-'
Signature of property owner or representative
Notary public,
my commission expires:
APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION:
SITE INFORM~TION:
LOCATION:.-::J h.. SCJ IA j. ~"'"t ~.\. Cqt'tat r 0' .I-~t. ~CA ,..f -h, ~'1. (Y1c.((J~Jt."^ ~..lJ,. 1 "~f.()~c. \0 ~
STREET ADDRESS: 30 ~5 ~lA \{ ..ft, AD,,!.11k.J
LEGAL DESCRIPTION: S ~ \. i" cI tI4 J '(. ~ ~ (A (' \J t Y
PARCEL NUMBER: (6!2Q{/r. (PJ310'!t>>1tJ/fJo/ 1~/'1.s3tJ1~/OfJ5/D030116/1,1j11SjlO'loOO ~l.J'
fV\ I:LP
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4. 40
REASON FOR REQUEST: ,.(.0
\-;
APPLICANT NAME:
MAILING ADDRESS:
PHONE NUMBER:
PROPERTY OWNERS:
(List all owners)
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
EXISTING ZONING:
PROPOSED ZONING:
LAND USE PLAN
CLASSIFICATION:
SIZE OF SITE:
CITY OF CLEAR'\TER
APPLICATION FOR ZONING ATLAS AMENDMENT
PLANNING SERVICES
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR
PHONE (727) 562-4567 FAX (727) 562-4576
C i ./-,' LJ (,
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P. (J. 80')(
$"6:1-- 'f8~()
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FAX NUMBER: S"G c2 - f..{ e:J..,j-
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JAN 2 3 2003
FAX NUMBER:
PLANNINr:: <.; n>:\; ':i'~,' ,-..
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11
STATE OF FLORIDA, COUNTY OF PINElLAS
Sworn to and subscribed before me this ~ :srol day of
d!,~~ . A.D.,.1-e ~(nr~ to me and/or
by 6hd Q. f4/}r(; Tt. ,who i~onally-;
~n bas produceg, as
4:tenttf(cation. E:~'*:t:y;~ MY COM, ~\~~~~ ~~~~~; EXPIRES
: ~.~~= April n. 2003
~~.....W BONDED THRU T~OY FAIN INSURANCf. INC
,Rr..t\\.
I, the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my
knowledge.
Notary public,
my commission expires:
Page 1 of 2
2X2 MAP
Owner: City of Clearwater Case: LUZ2003-0 1 001
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
CITY OF CLEARWA'J.ER
~' APPLICATION FOR
COMPREHENSIVE PLAN AMENDMENT
(INCLUDING FUTURE LAND USE MAP AMENDMENT)
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING,. 100 SOUTH MYRTLE AVENUE, 2nd FLOOR
PHONE (727) 562-4567 FAX (727) 562-4576
~
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APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION:
APPLICANT NAME' Cd, at clet:.r - ...J.J - p",(k~ ,,~~ o'l.~ c~\;o" a~f'~
MAILING ADDRESS: Lno .$'. (YJ~t'k ~iJ ~ ( P.O. f30x V 149) C /~, - C\.k( ~:}S"e" <.t 1-'1
PHONE NUMBER: S"6.1- '1PJoO FAX NUMBER: S6~- '(eM
PROPERTY OWNERS: [t +, " {. c ko r '-" eo
(List all owners)
PLANNING & DEVELOPMENT SVCS
:rER
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
FAX NUMBER:
SITE INFORjVI,ATION:
LOCATION:-=:t ~e ~O(AthU'f.,S.{.- Co rrl~ t' ~~<- ~fA\.c .\c:> ~~ - tv}cP)",lIe^ ~...;t~I)~d(i. '"
STREET ADDRESS: ~~ ~ s G"" I.{ -Ia f30 'I ...i1J (J ;
I
LEGAL DESCRIPTION: See. 1/1" /",)0.) SLI rtJ '/:
PARCEL NUMBER: 1'/'1.../1' / 1J31t/~/t!)O()ICJ/~O,' 1;/2 ilk. /5iB'i:J. /t>t:!)f !t!)t:J30, . /fzr'1~J'().(lo {" 7..11
SIZE OF SITE: y. l( 0 .e(' (~5 '(oc t~ >< q~.Q. trI.o . 4" Co. 0 ""~; ,.. 'lJ l~!li ')
FUTURE LAND USE /
CLASSIFICATION: PRESENT: ----1! L rn tl. (A REQUESTED: (L / t) 'S
I I
ZONING CLASSIFICATION: PRESENT rn H P REQUESTED: D S ({.
PROPOSED TEXT AMENDMENT: )J ( A
(use additional paper if necessary)
I (We). the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my/(our)
knowled .
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and ubscribed before me this ~~(J day of
lAd Ii I AD., ~ ~()()3. to me
. who is
as identification.
_",~v:r~o:',_, Kimberly L Staggs
f.'J}"Ji..,~;. MY COMMISSION # CC829127 EXPIRES
h:.~,:~j April 22, 2003
-'l,'fR"F '~..:riJ:.~ BONDED THRU TROY FAIN INSURANct INC
J~ ."\"_
Signature of property owner or representative
Notary public,
my commission expires:
'.,~
.-
CITY OF CLEAR' \TER
APPLICATION FOR 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: C i ./-" C) ( c \ t .0 (" ~ D'+ L ( .. ~G\( k 5 t\ (\ J f, t. c.. ( l oA' \ 0 ~ 0\.(' ~
{
MAILING ADDRESS: P. (J. 8(')}( '17'-18- cfeor\JoJ~'+,-r I F=L 3~+o8. t(7-lfe
PHONE NUMBER: S 6:l. - "8t) () FAX NUMBER: o36:J. - 'f e:J.~-
PROPERTY OWNERS: C ,'+-, 8k C\~.~( ""'~~~
SITE INFORM~TION:
LOCATION:~ ~. SOIA ..\.'n,^,~ ~~ Gt/('f"t. r o~ .I-~t.~CA\.r .\e~'1. (Y1c.tyJ~~ 1t\~(.(~tc. \0 ~
STREET ADDRESS: sO ~5 ~"'" \.f' .-It, A~,/..11k.J
LEGAL DESCRIPTION: 5~ \.. j"c/(III J~ ~ S;CA ('" oJ t '/
PARCEL NUMBER: J6(Qct(I' (ro3'O'10t?~IJIf)O/ 1~116IS3&"'l.IOfJ51C1030116/z.~1t19jl()'/oCJO 4Jz,11
tvl1:ij
05((
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'I. 40
REASON FOR REQUEST: ,{.O
(List all owners)
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
EXISTING ZONING:
PROPOSED ZONING:
LAND USE PLAN
CLASSIFICATION:
SIZE OF SITE:
FAX NUMBER:
JAN 2 3 2003
PI.ANNINI.: '; ni="\;~i '~;' ,,-,
I F CLEM..;WATER
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STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this ~ ~rol day of
,A.D., j..9 ~{Hr~ to me and/or
by .' . , who i~onally...;
own s produceg as
. t' ",~~ P';'" Khllb~"y L Sla9~'j3
Ica Ion. ~:~\.;&Pfi(;~ MY COMMISSION # CC829127 EXPIRES
~.~%.f April 22. 2003
~4;""..,,' Cl'lo'" BONDED THRU TROY FAIN INSURANCE, INC
'IJ,Rf..tl\"
Notary public,
my commission expires:
I, the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my
knowledge.
Page 1 of 2
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FUTURE LAND USE PLAN MAP
Owner: City of Clearwater Case: LUZ2003-0 100 1
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
lJ.A"L~O~-O\.
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Landuse Legal for Bayvicw Park
Pated 1;
1\. portion of Tract A, MYRON A. SMITH'S 13AYVIEW SLJIH)lV1SIO",~, :I(::~:onling to the
plat thcrcofrcconkd in Plat Hook 25, pa~e 57, Public Records of I'illl'llas County, I'lorida,
in the South % of Fractionlll Sl:ction 16, Township 29 South, RanJle tG East being further
described as follows:
C0111meI1U: at the \'V'cst 1/4 cornet of said Fractional Scnio\1 1 () and tun lhcnce South
8~Y'27'5(;" Fast along t.he East and West centerline of said Section 16, (or a Jistancc of
401.99 feet; thence South 00032'U4" West, for a distance of 50.00 feet to a pOlnt Oil the
aforesaid 'rract ^ and the POINT OF BEGINNING; tl1<.'11(T South R9027'56" East, 24.3.22
fed to a point oil curve; thence 1 OO.G~ feet along the ~lrc of a curve, C()l1C:lVC Southerly
through a centtal angle of 00<>45'36", a mJius of 7SlJl.44 feet and a chord bearing of South
B7oo5'1~:" I!,:lst, 100.MoI feet to :I po1l1t of reverse C\lrvatute; thence 135.23 ICed along the arc
of a curve, concave Northerly throu~h a central angle of 0(041)'24", a radi\ls of l'l ,507.16
feet anJ Ol chord bearing of South H 7"02'36" Fast, 135.23 fe~~t; thellC South 02037'12" West
(radi:ll) fot a distance of 5.00 fed; thence South H/,023'34" Fast for a wst:Lnce of 5.01 fcc.t;
thcnc:(~ North 02035'42" East (1<Iuial) [or a distance of 5.00 feet; thcm:e : 0.53 [eet along the
axe of a::mve, concave Northerly t.hrough a ceHtrOll angle of OOon1'OI)", a raJius of 11,507.16
feet and a chord beating of South R7025'52" r:a~t,l n.s.) feet; thenc,~ South 22030'54" East,
274.45 feet; thencc South G7029'BS' West. 351.74 feel; thencc:--Jorth 21030'31" West,
191.95 f'~et; thence South ()t)034'59" West, t09.4~ fed; thence North 21006'4W' WL~t, 281.130
feet to the POTN!' OF BE(jlNNING.
Pared 2:
Lots 2 amI 3, Bluck 5, RFV1STiD l"lAP OF TOWN OF BAY VIEW, accordin~ ro the plat
thereof TcordeJ ill Plat Book 6, page 23, public Records of lIillshlltough County, Flotida,
of which Pilldla~ CoulllY was formerly :l part- 1 ,(:~s :111U exc('pt that. ")ottion of the South 15
feet and the W~,:;t '10 feet lying SO'.lth of;l line :)30 teet South oflnd parallel to thc Fast
West centerline of S<::ction tel, Township 29 South, Range 16 Ea~t.
Pared :)
That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 Fast,
PineJl,u, Coullty, Honda, as v,lcatClI by resolutioll No. l)7 -154 rcco:cled jc Official records
llook 9762, pagel H72, Public Recorus of Pindlas County, H( ,rida. mOr(~ p:lrtlcularly
dcsnjbeJ a follows:
Commence at the Northwest corne..!: of that certain tract of land lkst rilled in Wan:mty DeeJ
rccorded in Official Records Book 587<>, page 1052, Public Records qf Pinellas County,
lilorida, said Northw(~st cotner being 37.97 feet West of the Nottbelst corner of Ttact c: of
MYRON A. SMITH'S BAY VIl':W SUBDIVISIO~, itS recorded ir Ph'~ Book 25, page 57,
Puhlic Records of Pindbs County, I'lotid~t and beill~ a point on th.: Southerly right of way
of CO\ll"ty Road 31; thence along the Somherly righr of W:lY, North 670 Zl) '()S" E:lst, nfl.l)l)
fed to the POINT OF BE( ;INNINC; thence North 211)46'2=)" \'Vest, Gel.I)4 feet to a poim
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011 the North(~rly tight of way of :;aiJ County Road 31; thence a.lol1,: said Northerly right of
way, North 67029'05" East 251.74 f(~d; thence SouTn 2203()'S5" Hast, Go.O?, fed to point on
rhe S(l\lthcrly tight of way of s~lid County Road 31; (henc(' along said Somherly right of way,
South 0'/029'05" West, 259.60 feet to the POINT or BEC;INNINC
P;\I:cd 4
'fhat part of Lots 1 and 4 of Block 5 of REVISED MAP ()I<' 'rOWN ()Ii HAY vn.:w,
according to the plat thereof recorded in Plat Book 6, page 23, l\:blk Records of
Ilillsborough County, I'lorida, of which Pinella:> County was fonn(~rly a part, IF ANY, lyillg
Easterly of the Easterly boundary of Lots 2 and 3 of ~-;aid Hlock 5 and lyingWcstcrly of '('ract
A oOvfVRON A. SMITH'S B^ Y VIEW SUBDIVISION, as rccorJ(~d in Plat Hook 25, page
57, Public rc.cotus of Pincllnt' County, Florida. Less and except the South 15 feet.
120ir29SL2L
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-- -----
.
Clearwater City Commission
Agenda Cover Memorandum
W.SSion Item #:
Final Agenda Item #
Meeting Date:
4-17 -03
SUBJECTIRECOMMENDA TION:
APPROVE a Land Use Plan Amendment from the Residential Low Medium (RLM) and Residential Urban
(RU) categories to the Recreation/Open Space (RlOS) category and a Zoning Atlas Amendment from the
County R-4, One, Two and Three Family Residential District and the City MHP, Mobile Home Park District to
the OSR, Open Space Recreation District for property located at 3035 Gulf to Bay Boulevard (A portion of
Tract A, Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay
View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View
in Section 16, Township 29 South, Range 15 East), and PASS Ordinances #7116-03 and #7117-03 on first
reading.
[gI
and that the appropriate officials be authorized to execute same.
(LUZ2003-01001)
SUMMARY:
This subject site is located at the southwest comer of the Gulf to Bay Boulevard and McMullen Booth Road
intersection. The subject site is approximately 4.4 acres in area and is currently vacant. The City of Clearwater
agreed to purchase the site on January 24, 2002 to develop a park as part of an arrangement with the Florida
Community Trust, Pinellas County and the Trust for Public Land in order to settle a lawsuit with the previous
property owner, the Laura NaIl Connelly Trust. The City of Clearwater is proposing to amend the Future Land
Use Plan designation of this property from the Residential Low Medium (RLM) and Residential Urban (RU)
categories to Recreation/Open Space (RlOS) category and to rezone it from the County R-4, One, Two and
Three Family Residential District and the City MHP, Mobile Home Park District to the OSR, Open Space
Recreation District to develop the property as a passive park.
The Planning Department determined that the proposed land use plan amendment and rezoning applications are
consistent with the following standards specified in the Community Development Code:
. The proposed land use plan amendment and rezoning applications are consistent with the
Comprehensive Plan.
. The potential range of uses and the current use are compatible with the surrounding area.
. Sufficient public facilities are available to serve the property.
Reviewed by:
Legal
Info Srvc NI A
Originating Dept.:
PLANNING DEPA ME
Marc A. Marian
User Dept.:
Funding Source:
Current NI A CI
FY
Budget NI A
Purchasing NI A
Public Works NI A
DCM/ ACM
Planning
Costs
Total N/A
Risk Mgmt
N/A
Other
Attachments:
ORDINANCES NO. 7116-03 &
7117-03
STAFF REPORT
OP
Other
Appropriation Code:
o None
..~'~
e
. LUZ2003-01001
. 035 Gulf to Bay Blvd. City of Clearwater
Page 2
,- ~.....
. The applications will not have an adverse impact on the natural environment.
Please refer to the attached land use plan and rezoning (LUZ2003-01001) report for the complete staff analysis.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the
Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning
Authority. Due to the density of the plan amendment site, review and approval by Florida Department of
Community Affairs is not required.
The Community Development Board reviewed this application at its March 18, 2003 meeting and unanimously
recommended approval.
S:\Planning Departmen^C D B\Land Use Amendments\LUZ 200J\LUZ2003-0JOOl City of Clearwater 3035 Gulf to Bay Blvd\CC LUZ2003-0JOOl City of Clearwater 2
3035 Gulf to Bay.dac
.
.
, ,~
CDB Meeting Date: :t-.1arch 18. 2003
Case Number: LUZ2003-01001
Agenda Item No. C-4
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
City of Clearwater
REPRESENTATIVE:
Art Kader, Assistant Director, Parks and Recreation
Department
LOCATION:
3035 Gulf to Bay Boulevard, located at the southwest
comer of the Gulf to Bay-McMullen Booth intersection.
REQUEST:
To amend the Comprehensive Plan's Future Land Use Map
from Residential Low Medium (RLM) (County) and
Residential Urban (RU) to the Recreational/Open Space
(R/OS) category; and
To rezone from the R-4, One, Two and Three Family
Residential (County) and MHP, Mobile Home Park (City)
Districts to the OSR, Open SpacelRecreation District.
SITE INFORMATION
PROPERTY SIZE:
191,664 square feet or 4.4 acres
DIMENSIONS OF PROPERTY: 470 feet wide by 400 feet deep m.o.l.
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Park
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low Medium (RLM) (County) & Residential
Urban (R U)
Recreation/Open Space (R/OS)
Staff Report - Community Development Board - January 21,2003 - Case LUZ2003-01001
Page 1
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ZONING DISTRICT:
Current District:
R-4, One, Two and Three Family Residential (County) and
MHP, Mobile Home Park (City)
OSR, Open Space/Recreation District
Proposed District:
EXISTING
SURROUNDING USES:
North: Office & Overnight Accommodation
South: Single-family residential & Retention Pond
East: Retention Pond & Bayside Bridge
West: Single-family residential & Vehicle service station
ANALYSIS:
Introduction:
This Future Land Use Plan amendment and rezoning application involves three (3) vacant parcels
of land, approximately 4.4 acres in area. The subject site has Future Land Use Plan designations
of Residential Low Medium (RLM) (County) and Residential Urban (RU) and zoning
classifications of R-4, One, Two and Three Family Residential (County) and MHP, Mobile
Home Park (City). In 1999, The Laura NaIl Connolly Trust submitted an application, which
involved the properties associated with this current case, for annexation (ANX 99-14) and future
land use plan and zoning amendment (LUZ 99-001) to change the future land use to
Residential/Office General (RIO G) and the zoning to the 0, Office District. The annexation
portion of the request was approved, while the future land use plan and zoning amendment
request was denied. As a result of this denial, the land was annexed into City jurisdiction, but the
future land use plan category and zoning districts remained unchanged.
The Laura NaIl Connolly Trust filed a lawsuit against the City of Clearwater as a result of the
denied future land use plan and zoning amendment request. The proposed future land use plan
and zoning amendment are part of the stipulation invoked by the June 21, 2002 Circuit Court
decision involving this case. The City of Clearwater purchased the property as part of an
agreement with the Florida Community Trust, Pinellas County and the Trust for Public Land to
preserve the site as a city park. The city is submitting this application to amend the future land
use plan categories to Recreation/Open Space (RlOS) and the zoning districts to OSR, Open
Space/Recreation.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the size of the plan amendment request, review and
approval by Florida Department of Community Affairs is not required.
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 2
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I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.1 &
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.
24.4 Objective - Preserve natural open space areas which constitute aesthetic and/or ecological
community assets.
24.4.3 Policy - Continue to designate appropriate land "Preservation" and "Recreation/Open
Space" in the Future Land Use Plan whenever feasible.
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
The purpose of the proposed Recreation/Open Space (RlOS) category as specified in Section
2.3.3.7.2 of the Countywide Rules is to designate areas County that are now used, or appropriate
to be used, for open space and/or recreational purposes and to recognize the significance of
providing open space and recreational areas as part of the overall land use plan. The
Recreation/Open Space (RlOS) category is generally appropriate to public and private open
spaces and recreational facilities throughout the County. The areas should recognize the natural
and man-made conditions which contribute to the active and passive open space character of
such locations. The primary uses associated with the RlOS category are PublicIPrivate Open
Space; PublicIPrivate Park; Public Recreation Facility; Public Beach/Water Access and Golf
Course/Clubhouse uses.
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTYI CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
Gulf to Bay Boulevard Corridor
Gulf to Bay Boulevard is a six lane divided roadway with frequent traffic signals. The Gulf to
Bay corridor in this area between U.S. 19 North and McMullen Booth Avenue is characterized by
a variety of development including commercial, overnight accommodation, transportation/utility,
institutional, office and residential uses. The Countywide Future Land Use Plan has designated
land in this area on the south side of Gulf to Bay Boulevard Commercial General, Transportation
Utility, Institutional, Residential/Office General, Residential Medium, Residential High,
Residential Urban, and Residential Low Medium. The area on the north side of Gulf to Bay
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-0 100 1
Page 3
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Boulevard has been designated Commercial General, Recreation/Open Space and Residential
Low Medium.
Immediate Surrounding Area
The Future Land Use Plan (FLUP) categories for the immediate surrounding areas to the west are
Residential Urban (RU) and Commercial General (CG). The Residential Urban (RU) category
also borders the site to the south. The properties to the north of the subject site have a
Commercial General (CG) designation, while the property to the west is designated
TransportationlUtility (TIU).
The existing surrounding uses include single-family residential dwellings to the south and west,
as well as a vehicle service station to the west. A retention pond and the Bayside Bridge are
located to the east of the property and overnight accommodations and an office structure occupy
the properties to the north.
The proposed land use plan amendment is compatible with surrounding uses due the recreational
character of the use.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5]
As stated earlier, the subject site is approximately 4.4 acres in area and is presently a vacant
parcel of land. Based on a maximum permitted density of 7.5 dwelling units per acre in the
Residential Urban (RU) category and a maximum permitted density of 10.0 dwelling units per
acre in the Residential Low Medium (RLM) category, 33 dwelling units could be constructed on
this site. The maximum development potential in the Residential/Open Space (RiOS) category is
a FAR of 0.25, which would permit the development of a 47,044 square foot building on the site.
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed Future Land Use Plan categories and are included in the next table.
Current
Situation
N/A
N/A
55,190
F
. Existil1g
Pl~111
298
37
55,488
F
Proposed
PlaIll
17
2
55,207
F
(-281 )
( -35)
(-281 )
F
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. GuIC.to.Ba. ...Bh1d~.>BetweeIllJS...19Nand..Ba.. .shore..Blvd
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri S3
Volume of GTB Blvd from US 19 N to Ba shore Blvd
LOS of Memorial Causewa from Drew Street to SR 60
Nt A = Not Applicable LOS = Level-of-Service
1 = Based on PPC calculations of 70 trips per acre per day for the Residential Urban and the 63 trips per day per acre for the Residential Low Medium
Future Land Use Plan Category. 2 = Based on PPC calculations of 4 trips per acre per day for the Residential/Open Space Future Land Use Plan
Category. 3 = City Calculation of 12.5%
Source: "The Rules" 0 the Count wide Future Land Use Plan
The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf to Bay Boulevard seCtion between US 19 North and
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-0 100 1
Page 4
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Bayshore Boulevard a level of service (LOS) F. The traffic generation for the proposed
Recreation/Open Space (RlOS) category is less than the current Residential Urban (RU) and
Residential Low Medium (RLM); therefore, no negative impacts are anticipated to surrounding
roadways. In addition, ingress and egress for the site will be located on the CR 31 right-of-way,
as opposed to the Gulf to Boulevard right-of-way.
Specific uses in the current and proposed zoning districts have also been analyzed for the amount
of vehicle trips that could be generated based on the Institute of Transportation Engineer's
Manual.
Existing Zoning
0.6 Acres/ 38 N/A
4 d.u.
3.8 acres/ 182 N/A
38 d.u.
Total Traffic Generated 4.4 Acres 220 N/A
from Site Area
31
4
3
175
22
21
206
26
24
Proposed Zoning
City Park 4.4 acres
(1.59 trips per acre)
N/A - Not Applicable
Source: ffE Tri Generation Manual, 6th Ed., 1997
7
N/A
N/A
Based on the ITE Trip Generation Manual a Mobile Home Park would result in an increase in
traffic generation. As the proposed use that will occupy this site is a city park, traffic generation
is anticipated to be at a much lower rate. Due to the location of this site, access and egress areas
will be located in the CR 31 right-of-way. The transportation impacts associated with the
proposed land use plan amendment and rezoning will be minimal and the LOS for Gulf to Bay
Boulevard will not be degraded.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located along an existing
transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit
Authority (PST A) bus service is available along Gulf to Bay Boulevard.
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 5
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Water
The current zoning district could demand approximately 8,250 gallons per day. Under the
proposed zoning district, water demand could approach approximately 4,704 gallons per day if
developed to the site's maximum potential as a 47,044 square foot building. However, as the
proposed use for the site is a passive park, demand on the City's current LOS for water will be
considerably less.
Wastewater
The current zoning district could demand approximately 6,600 gallons of wastewater per day.
Under the proposed zoning district, sewer demand could approach approximately 3,763 gallons
per day if developed to the site's maximum potential as a 47,044 square foot building. However,
as the proposed use for the site is a passive park, demand on the City's current LOS for
wastewater will be considerably less.
Solid Waste
The current zoning district could result in 83 tons of solid waste per year. As no category has
been established for parks and recreation facilities, the parking structure category, at 0.3 pounds
per square footage of building per year, was used to calculate the amount of solid waste that
could be generated by the site. Under the proposed zoning district, solid waste demand could
approach approximately 7 pounds per year if developed to the site's maximum potential as a
47,044 square foot building. However, as the proposed use for the site is a passive park, demand
on the City's current LOS for solid waste will be considerably less.
Recreation and Open Space
The proposed land use plan amendment and rezoning will positively impact the LOS of
recreational acreage or facilities, as the proposed use of the property is recreation space.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Prior to development of the subject property, site plan approval will be required. At that time, the
stormwater management system will be required to meet all City and Southwest Florida Water
Management District (SWFWMD) stormwater management criteria. Water quantity and quality
will be controlled in compliance with the Clearwater Comprehensive Plan.
As the proposed development of the site is a passive park that will preserve much of the natural
landscaping, the impact on the environment will be minimal.
VI. LOCA TION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
The district boundaries are appropriately drawn with regard to location and classifications of
streets, ownership lines and existing development and improvements. The location of the
proposed Open Space/Recreation boundaries are logical and the site will complement the
existing LMDR District and R4 (County) Classifications to the west and south and will provide a
logical buffer between these properties and the Bayside Bridge to east and Gulf to Bay Boulevard
Staff Report - Community Development Board - January 21,2003 - Case LUZ2003-01001
Page 6
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!'o-.....,
to the north. Commercial, Institutional and Open Space/Recreation zoning districts generally
front on Gulf to Bay Boulevard between US 19 North and the Courtney Campbell Causeway.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602.F.I. and .2.]
The proposed OSR, Open Space/Recreation District permits a FAR of 0.25 and the existing
MHP, Mobile Home Park and R4, One, Two and Three Family Residential (County) Districts
permits a slightly more intensive FAR of 0.50 and 0.40, respectively. The 0.60 ISR of the
proposed OSR zoning district is considerably less than the existing ISR at 0.75 for the MHP
District and 0.65 for the R4 District. The subject site is 191,664 square feet in area and 500 feet
wide; however, there are no minimum lot area and width requirements for parks and recreation
facilities in the OSR zoning 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 proposed use of these properties is consistent with the Open Space/Recreation zoning district
regulations.
SUMMARY AND RECOMMENDATIONS
An amendment of the Future Land Use Plan from Residential Urban (RU) and Residential Low
Medium (RLM) to Residential/Open Space (RlaS) and a rezoning from MHP, Mobile Home
Park (City) and R4, One, Two and Three Family Residential (County), to the OSR, Open
Space/Recreation District for the subject site is requested to enable the City to develop the site as
a park. There are no minimum requirements for the proposed use of the property as a park and
recreation facility. The neighborhood is surrounded by single-family residential dwellings to the
south and west, a vehicle service station to the west, overnight accommodations to the north, a
retention pond to the south and east and the Bayside Bridge to the east. The proposed future land
use plan amendment and rezoning will be compatible with the immediate neighborhood, as it is
primarily residential.
The proposed Recreation/Open Space (RlOS) Future Land Use classification and OSR, Open
Space/Recreation zoning district are consistent with both the City and the Countywide
Comprehensive Plans, are compatible with the surrounding area, do not require nor affect the
provision of public services, are compatible with the natural environment and are consistent with
the development regulations of the City.
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-0 100 1
Page 7
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The Planning Department recommends APPROV AL of the following actions on this application:
1. Amend the Future Land Use Plan designation of 3035 Gulf to Bay Boulevard
from Residential Urban (RU) and Residential Low Medium (RLM) to
Recreation/Open Space (R/OS); and
2. Amend the Zoning District designation of 3035 Gulf to Bay Boulevard from
MHP, Mobile Home Park (City) and R4, One, Two, Three Family Residential
(County) to the OSR, Open SpacelRecreation District.
Prepared by Planning Department staff: ~~
Marc A. ariano, Planner
Attachments
Application
Location Map
Aerial Photograph
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:\Planning DepartmenflC D BlLand Use Amendments\LUZ 200MUZ2003-0J001 City of Clearwater 3035 Gulf to Bay Blvd\LUZ2003-
010013035 Gulf to Bay Blvd City of Clearwater-Staff Report. doc
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 8
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ORDINANCE NO. 7116-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF GULF-TO-BAY BOULEVARD AND
MCMULLEN-BOOTH ROAD, CONSISTING OF (1) A PORTION
OF TRACT A, MYRON A. SMITH'S BAY VIEW SUBDIVISION IN
THE SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION OF
LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN OF BAY
VIEW, (3) THAT PORTION OF VACATED COUNTY ROAD 31 IN
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND
(4) A PORTION OF LOTS 1 AND 4 OF REVISED MAP OF
TOWN OF BAY VIEW, WHOSE POST OFFICE ADDRESS IS
3035 GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW
MEDIUM AND RESIDENTIAL URBAN TO RECREATION/OPEN
SPACE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use Cateqorv
See legal description attached hereto
LUZ2003-01001
From: Residential Low Medium and
Residential Urban
To: Recreation/Open Space
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, 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.
Ordinance No. 7116-03
. .
.'
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall- Ides
Assistant City Attorney
.
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7116-03
,
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"
Landuse Legal for Bayview Park
Parcell:
A portion of Tract A, MYRON A. SMITH'S BA YVIEW SUBDIVISION, according to the
plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida,
in the South % of Fractional Section 16, Township 29 South, Range 16 East being further
described as follows:
Conunence at the West 1;4 corner of said Fractional Section 16 and :run thence South
89027'56" East along the East and West centerline of said Section 16, for a distance of
401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to a point on the
aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22
feet to a point on curve; thence 100.68 feet along the arc of a curve, concave Southerly
through a central angle of 00045'36", a radius of 7591.44 feet and a chord bearing of South
87005'12" East, 100.68 feet to a point of reverse curvature; thence 135.23 feet along the arc
of a curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16
feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037'12" West
(radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet;
thence North 02035'42" East (radial) for a distance of 5.00 feet; thence 10.53 feet along the
arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16
feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East,
274.45 feet; thence South 67029'13.5" West, 351.74 feet; thence North 21030'31" West,
191.95 feet; thence South 69034'59" West, 109.48 feet; thence North 21006'48" West, 281.80
feet to the POINT OF BEGINNING.
Parcel 2:
Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF BAY VIEW, according to the plat
thereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part. Less and except that portion of the South 15
feet and the West 10 feet lying South of a line 330 feet South of and parallel to the East
West centerline of Section 16, Township 29 South, Range 16 East.
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 East,
Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records
Book 9762, page 1872, Public Records of Pinellas County, Florida, more particularly
described a follows:
Commence at the Northwest corner of that certain tract of land described in Warranty Deed
recorded in Official Records Book 5879, page 1052, Public Records of Pinellas County,
Florida, said Northwest corner being 37.97 feet West of the Northeast corner of Tract C of
MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page 57,
Public Records of Pinellas County, Florida and being a point on the Southerly right of way
of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99
feet to the POINT OF BEGINNING; thence North 21046'25" West, 66.04 feet to a point
.
.
on the Northerly right of way of said County Road 31; thence along said Northerly right of
way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on
the Southerly right of way of said County Road 31; thence along said Southerly right of way,
South 67029'05" West, 259.60 feet to the POINT OF BEGINNING.
Parcel 4:
That part of Lots 1 and 4 of Block 5 of REVISED MAP OF TOWN OF BAY VIEW,
according to the plat thereof recorded in Plat Book 6, page 23, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part, IF ANY, lying
Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page
57, Public records of Pine lias County, Florida. Less and except the South 15 feet.
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INS
FUTURE LAND USE PLAN MAP
Owner: City of Clearwater Case: LUZ2003-0 1001
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/l6/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
Ordinance NO. 7116~03
e
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ORDINANCE NO. 7117-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF
GULF-TO-BAY BOULEVARD AND MCMULLEN-BOOTH
ROAD, CONSISTING OF (1) A PORTION OF TRACT A,
MYRON A. SMITH'S BAY VIEW SUBDIVISION IN THE
SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION
OF LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN
OF BAY VIEW, (3) THAT PORTION OF VACATED
COUNTY ROAD 31 IN SECTION 16, TOWNSHIP 29
SOUTH, RANGE 16 EAST, AND (4) A PORTION OF LOTS
1 AND 4 OF REVISED MAP OF TOWN OF BAY VIEW,
WHOSE POST OFFICE ADDRESS IS 3035 GULF-TO-BAY
BOULEVARD, FROM MOBILE HOME PARK (MHP) AND
ONE, TWO AND THREE FAMILY RESIDENTIAL (R-4) TO
OPEN SPACE/RECREATION (OS/R); 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 Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zoninq District
(LUZ2003-01 001)
From: Mobile Home Park (MHP)
One, Two and Three Family
Residential (R-4)
To: Open Space/Recreation(OS/R)
See legal description attached hereto
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7116-03, by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes.
PASSED ON FIRST READING
Ordinance No. 7117-03
.
PASSED ON SECOND AND FINAL
READING AND ADOPTED
#I
Approved as to form:
.
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7117-03
..
L.LA "'l... ~O~ -.cro \
.
Landuse Legal for Bayview Park
Parcell:
A portion of Tract A, MYRON A. SMITH'S BA YVIEW SUBDIVISION, according to the
plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida,
in the South % of Fractional Section 16, Township 29 South, Range 16 East being further
described as follows:
Commence at the West % corner of said Fractional Section 16 and run thence South
89027'56" East along the East and West centerline of said Section 16, for a distance of
401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to a point on the
aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22
feet to a point on curve; thence 100.68 feet along the arc of a curve, concave Southerly
through a central angle of 00045'36", a radius of 7591.44 feet and a chord bearing of South
87005'12" East, 100.68 feet to a point of reverse curvature; thence 135.23 feeta.long the arc
of a curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16
feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037'12" West
(radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet;
thence North 02035'42" East (radial) fora distance of 5.00 feet; thence 10.53 feet along the
arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16
feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East,
274.45 feet; thence South 67029'13.5" West, 351.74 feet; thence North 21030'31" West,
191.95 feet; thence South 69034'59" West, 109.48 feet; thence North 21006'48" West, 281.80
feet to the POINT OF BEGINNING.
Parcel 2:
Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF BAY VIEW, according to the plat
thereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part. Less and except that portion of the South 15
feet and the West 10 feet lying South of a line 330 feet South of and parallel to the East
West centerline of Section 16, Township 29 South, Range 16 East.
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 East,
Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records
Book 9762, page 1872, Public Records of Pinellas County, Florida, more particularly
described a follows:
Commence at the Northwest corner of that certain tract of land described in Warranty Deed
recorded in Official Records Book 5879, page 1052, Public Records of Pinellas County,
Florida, said Northwest corner being 37.97 feet West of the Northeast corner of Tract C of
MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page 57,
Public Records of Pinellas County, Florida and being a point on the Southerly right of way
of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99
feet to the POINT OF BEGINNING; thence North 21046'25" West, 66.04 feet to a point
"
.
.
on the Northerly right of way of said County Road 31; thence along said Northerly right of
way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on
the Southerly right of way of said County Road 31; thence along said Southerly right of way,
South 67029'05" West, 259.60 feet to the POINT OF BEGINNING.
Parcel 4:
That part of Lots 1 and 4 of Block 5 of REVISED MAP OF TOWN OF BAY VIEW,
according to the plat thereof recorded in Plat Book 6, page 23, Public Records of
Hillsborough County, Florida, of which PinelIas County was formerly a part, IF ANY, lying
Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page
57, Public records of Pine lIas County, Florida. Less and except the South 15 feet.
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ZONING MAP
Owner: City of Clearwater
Case:
LUZ2003-0 100 1
Site: 3035 Gulf to Bay Boulevard
Property
Size(Acres) :
4.40 Acres
Land Use
Zoning
PIN:
16/29/16/83106/000/0100
16/29/16/83106/000/0211
16/29/16/53892/005/0030
From:
RLM/ RU
R-4 (County) & MHP(City)
To:
R/OS
OSR
Atlas Page:
301A
Ordinance No. 7117-03
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LOCATION MAP
Owner: City of Clearwater Case: LUZ2003-0 1001
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
..
.
.
AERIAL PHOTOGRAPH
Owner: City of Clearwater Case: LUZ2oo3-Q 1 00 1
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR A tlas Page: 301A
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EXISTING SURROUNDING USES
Owner: City of Clearwater Case: LUZ2003-0 1001
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
View looking southeast
View looking north
Site view from the north
View looking southwest
View looking west
View looking east
City of Clearwater LUZ2003-01001
3035 Gulf to Bay Boulevard
.
.
ORDINANCE NO. 7117-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF
. GULF-TO-BAY BOULEVARD AND MCMULLEN-BOOTH
ROAD, CONSISTING OF (1) A PORTION OF TRACT A,
MYRON A. SMITH'S BAY VIEW SUBDIVISION IN THE
SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION
OF LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN
OF BAY VIEW, (3) THAT PORTION OF VACATED
COUNTY ROAD 31 IN SECTION 16, TOWNSHIP 29
SOUTH, RANGE 16 EAST, AND (4) A PORTION OF LOTS
1 AND 4 OF REVISED MAP OF TOWN OF BAY VIEW,
WHOSE POST OFFICE ADDRESS IS 3035 GULF-TO-BAY
BOULEVARD, FROM MOBILE HOME PARK (MHP) AND
ONE, TWO AND THREE FAMILY RESIDENTIAL (R-4) TO
OPEN SPACE/RECREATION (OS/R); 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 Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zonina District
See legal description attached hereto
From: Mobile Home Park (MHP)
One, Two and Three Family
Residential (R-4)
To: Open Space/Recreation(OS/R)
(LUZ2003-01 001)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7116-03, 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 9163.3189, Florida Statutes.
PASSED ON FIRST READING
Ordinance No. 7117-03
.
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall- i es (
Assistant City Attorney
.
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7117-03
LtA "t.. ~acn - o~ \
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Landuse Legal for Bayview Park
Parcell:
A portion of Tract A, MYRON A. SMITH'S BA YVIEW SUBDIVISION, according to the
plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida,
in the South Yz of Fractional Section 16, Township 29 South, Range 16 East being further
described as follows:
Commence at the West % corner of said Fractional Section 16 and run thence South
89027'56" East along the East and West centerline of said Section 16, for a distance of
401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to a point on the
aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22
feet to a point on curve; thence 100.68 feet along the arc of a curve, concave Southerly
through a central angle of 00045'36", a radius of 7591.44 feet and a chord bearing of South
87005'12" East, 100.68 feet to a point of reverse curvature; thence 135.23 feetalong the arc
of a curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16
feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037'12" West
(radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet;
thence North 02035'42" East (radial) fora distance of 5.00 feet; thence 10.53 feet along the
arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16
feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East,
274.45 feet; thence South 67029'13.5" West, 351.74 feet; thence North 21030'31" West,
191.95 feet; thence South 69034'59" West, 109.48 feet; thence North 21006'48" West, 281.80
feet to the POINT OF BEGINNING.
Parcel 2:
Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF BAY VIEW, according to the plat
thereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part. Less and except that portion of the South 15
feet and the West 10 feet lying South of a line 330 feet South of and parallel to the East
West centerline of Section 16, Township 29 South, Range 16 East.
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 East,
Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records
Book 9762, page 1872, Public Records of Pinellas County, Florida, more particularly
described a follows:
Commence at the Northwest corner of that certain tract of land described in Warranty Deed
recorded in Official Records Book 5879, page 1052, Public Records of Pinellas County,
Florida, said Northwest corner being 37.97 feet West of the Northeast corner of Tract C of
MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page 57,
Public Records of Pinellas County, Florida and being a point on the Southerly right of way
of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99
feet to the POINT OF BEGINNING; thence North 21046'25" West, 66.04 feet to a point
.
.
on the Northerly right of way of said County Road 31; thence along said Northerly right of
way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on
the Southerly right of way of said County Road 31; thence along said Southerly right of way,
South 67029'05" West, 259.60 feet to the POINT OF BEGINNING.
Parcel 4:
That part of Lots 1 and 4 of Block 5 of REVISED MAP OF TOWN OF BAY VIEW,
according to the plat thereof recorded in Plat Book 6, page 23, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part, IF ANY, lying
Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page
57, Public records of Pin ell as County, Florida. Less and except the South 15 feet.
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ZONING MAP
Owner: City of Clearwater Case: LUZ2003-0 1001
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres}:
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
Ordinance No. 7117-03
. ,
J
.
.
ORDINANCE NO. 7116-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF GULF-TO-BAY BOULEVARD AND
MCMULLEN-BOOTH ROAD, CONSISTING OF (1) A PORTION
OF TRACT A, MYRON A. SMITH'S BAY VIEW SUBDIVISION IN
THE SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION OF
LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN OF BAY
VIEW, (3) THAT PORTION OF VACATED COUNTY ROAD 31 IN
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND
(4) A PORTION OF LOTS 1 AND 4 OF REVISED MAP OF
TOWN OF BAY VIEW, WHOSE POST OFFICE ADDRESS IS
3035 GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW
MEDIUM AND RESIDENTIAL URBAN TO RECREATION/OPEN
SPACE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use Cateqorv
See legal description attached hereto
From: Residential Low Medium and
Residential Urban
To: Recreation/Open Space
LUZ2003-01001
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
Ordinance No. 7116-03
e
~
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
.
Ordinance No. 7116-03
.~""".\
..
LtA c... ~o<n - ~ \
.
Landuse Legal for Bayview Park
Parcel 1:
A portion of Tract A, MYRON A. SMITH'S BAYVIEW SUBDIVISION, according to the
plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida,
in the South Yz of Fractional Section 16, Township 29 South, Range 16 East being further
described as follows:
Commence at the West 1;4 corner of said Fractional Section 16 and run thence South
89027'56" East along the East and West centerline of said Section 16, for a distance of
401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to a point on the
aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22
feet to a point on curve; thence 100.68 feet along the arc of a curve, concave Southerly
through a central angle of 00045'36", a radius of 7591.44 feet and a chord bearing of South
87005'12" East, 100.68 feet to a point of reverse curvature; thence 135.23 feet along the arc
of a curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16
feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037'12" West
(radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet;
thence North 02035'42" East (radial) for a distance of 5.00 feet; thence 10.53 feet along the
arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16
feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East,
274.45 feet; thence South 67029'13.5" West, 351.74 feet; thence North 21030'31" West,
191.95 feet; thence South 69034'59" West, 109.48 feet; thence North 21006'48" West, 281.80
feet to the POINT OF BEGINNING.
Parcel 2:
Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF BAY VIEW, according to the plat
thereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part. Less and except that portion of the South 15
feet and the West 10 feet lying South of a line 330 feet South of and parallel to the East
West centerline of Section 16, Township 29 South, Range 16 East.
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 East,
Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records
Book 9762, page 1872, Public Records of Pinellas County, Florida, more particularly
described a follows:
Commence at the Northwest corner of that certain tract of land described in Warranty Deed
recorded in Official Records Book 5879, page 1052, Public Records of Pinellas County,
Florida, said Northwest corner being 37.97 feet West of the Northeast corner of Tract C of
MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page 57,
Public Records of Pinellas County, Florida and being a point on the Southerly right of way
of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99
feet to the POINT OF BEGINNING; thence North 21046'25" West, 66.04 feet to a point
.
.
.
"
on the Northerly right of way of said County Road 31; thence along said Northerly right of
way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on
the Southerly right of way of said County Road 31; thence along said Southerly right of way,
South 67029'05" West, 259.60 feet to the POINT OF BEGINNING.
Parcel 4:
That part of Lots 1 and 4 of Block 5 of REVISED MAP OF TOWN OF BAY VIEW,
according to the plat thereof recorded in Plat Book 6, page 23, Public Records of
Hillsborough County, Florida, of which PinelIas County was formerly a part, IF ANY, lying
Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page
57, Public records of Pine lias County, Florida. Less and except the South 15 feet.
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INS
FUTURE LAND USE PLAN MAP
Owner: City of Clearwater Case: LUZ2003-01oo1
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size (Acres) :
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/l6/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
Ordinance NO. 7116-03
--
.
Community Response Team
Planning Oept. Cases - ORC
Case NO...I:::Jd 2 ::lLY7,?"- 0 ItJL~l Meeting Date: 2/ 1'1.) P.S
Loc~tion:2Cr~ CO; Ct:.J,-^-ifb DJ .
okurrent Use: \ I CV:A'u-,,~
...
~ctive Code Enforcement Cas@yes:
~Address number (yes) (no~~~ntlan~
/Landscaping (yes~
if' Overgrown (yes)~
ct" Debris (yes) @7
~Inoperative vehicle(s) (yesrQ
Ii/Building(s) (good) (fair) (POOr~d) )
r/ FenCing~gOOd) (dilapidated) (broken and/or missing pieces)
~Paint (good) (fair) (poor) (garish) VCA,/(jcwf:-
~Grass Parking (yes@
cI/ Residential Parking Violations (yes@
r/' Signag~ (ok) (not ok) (billboard)
~ Parking~ (striped) (handicapped) (needs repaving)
er' Dumpster (enclosed~os~d))
r:! Outdoor storage (yes)@)
Comments/Status Report (attach any pertinent documents):
Date:~ Reviewed by:
Revised 03-29-01; 02-04-03
e e
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, May 1, 2003 - 6:00 P.M. - Commission Chambers
ITEM #1 - Invocation - Reverend Skip Dvornik of Calvary Baptist Church
ITEM #2 - Pledqe of Alleoiance - Mayor
ITEM #3 - Introductions. Awards and Presentations - Given
a) Sister Cities Program - Richard Wisemiller
b) Tampa Bay Regional Planning Council Environmental and Development awards
c) Proclamations:
1) Elder Law Month May 2003
2) Civility Month May 2003
ITEM #4 - Approval of Minutes - 4/17/03
ACTION: Minutes approved as submitted.
ITEM #5 - Citizens to be heard re items not on the Aoenda
James Foley suggested adding a third lane to the roundabout to ease beach traffic congestion during peak
season and opposed construction of more beach condominiums or motels due to limited street capacity.
Maryann Kino expressed concern beach motels are not permitted sufficient signage. She has started a group.
Citizens for Small Business, to gather petition signatures requesting that freestanding signs remain.
PUBLIC HEARINGS
Second Reading Ordinances
ITEM #6 - Ord 7107-03 - Approve the petition for Annexation of property located at 1779 Audrey Drive (Lot 37,
Pinellas Terrace in Sec. 05-29-16) (ANX2003-01001)
ACTION: Ordinance adopted.
ITEM #7 - Ord 7108-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) for property located at 1779 Audrey Drive (Lot 37, Pinellas Terrace in Sec. 05-29-16)
(ANX2003-01 001)
ACTION: Ordinance adopted.
ITEM #8 - Ord 7109-03 - Approve a Zonino Atlas Amendment from County R-3. Sino Ie-Family Residential
District. to City LMDR. Low Medium Density Residential District for 1779 Audrey Drive (Lot 37, Pinellas
Terrace in Sec. 05-29-16). ANX2003-01001
ACTION: Ordinance adopted.
ITEM #9 - Ord 7110-03 - Approve the petition for Annexation of property located at 1740 Nursery Rd. (Lot 7,
Block B, Douglas Manor Lake in Sec. 23-29-15). ANX2003-01002
ACTION: Ordinance adopted.
ITEM #1 0 - Ord 7111-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) for property located at 1740 Nursery Rd. (Lot 7, Block B, Douglas Manor Lake in Sec. 23-
29-15). ANX2003-01002
ACTION: Ordinance adopted.
ITEM #11 - Ord 7112-03 - Approve a Zoninq Atlas Amendment from County R-3, Sino Ie-Family Residential
District. to the City LMDR. Low Medium Density Residential District for 1740 Nursery Rd. (Lot 7, Block B,
Douglas Manor Lake in Sec. 23-29-15). ANX2003-01002
ACTION: Ordinance adopted.
ITEM #12 - Ord 7113-03 - Approve the petition of Annexation of property located at 1714 Jade Ave.(Lot 9,
Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003
ACTION: Ordinance adopted.
Commission Action Agenda 2003-0403
1
ITEM #13 - Ord 7114-03 - APpro! Land Use Plan Amendment from cIty Residential Urban (RU) to City
Residential Urban (RU) for property located at 1714 Jade Ave. (Lot 9, Jade Heights Subdivision in Sec. 03-29-
15). ANX2003-01003
ACTION: Ordinance adopted.
ITEM #14 - Ord 7115-03 - Approve a Zoninq Atlas Amendment from the County R-4. One. Two and Three
Familv Residential District. to the City LMDR. Low Medium Densitv Residential District for 1714 Jade Ave. (Lot
9, Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003
ACTION: Ordinance adopted.
ITEM #15 - Ord 7116-03 - Approve a Land Use Plan Amendment from the Residential Low Medium (RLM) and
Residential Urban (RU) cateqories to the Recreation/Open Space (RlOS) cateqorv for property located at 3035
Gulf-to-Bav Boulevard (a portion of Tract A, Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Block
5, Revised Map of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of
Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001
ACTION: Ordinance adopted.
ITEM #16 - Ord 7117-03 - Approve a Zoninq Atlas Amendment from the County R-4. One. Two and Three
Familv Residential District and the City MHP. Mobile Home Park District to the OSR. Open Space Recreation
District for property located at Gulf-to-Bav Boulevard (a portion of Tract A, Myron Smith's Bay View
Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay View; a portion of vacated County
Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17,,31) - Approved as submitted
ITEM #17 - Approval of Purchases (& Declaration of Surplus) per Purchasinq Memorandum:
a) Data Flow Systems, Inc., Melbourne, Florida - Labor and materials to upgrade the telemetry system at Lift
Stations 2, 4, 21, 25, 26, 28, 41 m 50, 54 and 65 for $67,395. (PW/UTIL)
b) McKim and Creed Engineers, Clearwater, Florida - Wellfield permit modification for $55,500. (PW/ENG)
ITEM #18 - Award a contract to Don Reid Ford of Maitland. Florida. in the amount of $14.850 for the
purchase of one (1) 2003 Ford Taurus 4-door Sedan, in accordance with Section 2.564(1 )(d), Code of
Ordinances, Florida State Contract #070-001-03-1 and authorize funding through the City's Master
Lease/Purchase Agreement. (DS)
ITEM #19 - Approve the Renewal Aareement with Clearwater Neiahborhood Housina Services for
Community Housing Development Organization activities under the City's HOME Investment Partnership
Program.(ED/HSG)
ITEM #20 - Approve the Conditional Assianment of Lease for Room 4 in the Municipal Marina from Thomas
C. and Patricia A. Wolkowsky, dba Pirates Pantry, to Denis A. and Cheryl L. White, dba Pirates Pantry. (MR)
ITEM #21 - Approve the second amendment to the manaqement aqreement with the Clearwater Community
Sailina Association (CCSA), adding yearly cost of living increases rather than percentage of revenues at the
Clearwater Community Sailing Center. (MR)
ITEM #22 - Accept qrant (totalinq $63.200 for 100% fundinq for three (3) summer camp proqrams) and
approve the correspondinq aqreement from the Juvenile Welfare Board. (PR)
ITEM #23 _ Approve an aqreement between the District Board of Trustees of St. Petersburq Colleqe, Florida
and. the City of Clearwater for cash match funding of $36,146 for the period 01/01/03 through 12/31/03 for the
AmeriCorps Pinellas Project for support of membership. (PD)
Commission Action Agenda 2003-0403
2
e ~
ITEM #24 - Award a contract to Atlantic Truck Center. Ft. Lauderdale, Florida for the purchase of one (1)
2003 SterlinQ L T 9500 Roll Off Truck, at a cost of $102,691 which was the lowest Bid received in accordance
with the specifications of City of Clearwater Bid #43-01; and authorize financing under City's Master
Lease/Purchase Financing Agreement. (SW/GS)
ITEM #25 - Accept a perpetual 5-foot drainaqe and utility easement (dated February 14. 2003) conveyed by
Eilnar R. and Catherine B. Kristensen, over and across E 5' ofW 10' of Lot 160, Fair Oaks 4th Addition. (PW)
ITEM #26 - Approve work order with Parsons Enqineerina Science. Inc. of Tampa, an Engineer of Record,
for additional funds and revised scope, for the design and permitting for the Kapok Wetland and Floodplain
Restoration Project in the amount of $97,770 for a total of $412,906. (PW)
ITEM #27 - Ratify and confirm ChanQe Order #1 to Westra Construction Corporation of Palmetto, Florida for
the Beach Pump Station Improvements Phase II Contract (99-0074-UT), which increases the contract amount
by $300,079.19 for a new total contract amount of $1,025,814.19. (PW)
ITEM #28 - Ratify and Confirm the approval of a purchase order with Kearney Development Co., Inc. in the
amount of $90,240 for construction services as part of the Seville & Sunset Drive Reclaimed Water Project
(02-0103-UT) (PW)
ITEM #29 - Approve the final plat for "The Moorinas Townhomes I" located on Bayway Boulevard North
approximately 800 feet east of the intersection of Hamden Drive and Gulfview Boulevard. (PW)
ITEM #30 - Approve the final plat for "The Moorinas Townhomes II" located on Bayway Boulevard North
approximately 1,400 feet east of the intersection of Hamden Drive and Gulfview Boulevard. (PW)
ITEM #31 - Approve a Local Aqency Proaram (LAP) Aareement between the City of Clearwater and the
Florida Department of Transportation (FOOT) in the amount of $341.960 for installation of sianalization and
driveways on SR 60 at Damascus Road; and approve a work order in the amount of $79,160 to Tampa Bay
Engineering, an Engineer-of-Record, for the design of the project. (PW)
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #32 - Adopt Res 03-22 reaardina the Community Redevelopment Aqency to reflect lanQuaae reauired
by Resolution 02-287 as adopted by the Board of County Commissioners of Pinellas County on October 29,
2002. (ED/HSG)
ACTION: Approved. Resolution adopted.
ITEM #33 - Approve Parks & Recreation Board recommendation namina City property located within Court
Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing Avenue to the east,
Freedom Lake Park. (PR)
ACTION: To be reconsidered in 6 months.
ITEM #34 - Update re IAFF contract neaotiations.
ACTION: Update given.
ITEM #35 - Other Pendina Matters - None.
CITY A TIORNEY REPORTS
ITEM #36 - Other City Attorney Items - None.
ITEM #37 - City Manaaer Verbal Reports - None.
Commission Action Agenda 2003-0403
3
ITEM #38 - Commission DiSCussi!tems
e
a) Traffic Information Radio - Commissioner Jonson
ACTION: Terminate traffic information radio transmissions designed to alleviate Spring Break traffic
AND recommended limiting Drew Street closings for Coachman Park activities until new bridge is
complete.
ITEM #39 - Other Commission Action
Hibbard and Aunast offered condolences to City Clerk Cyndie Goudeau and her family, to the family of Dick
Duncan, and to Congressman Mike Bilirakis on the recent loss of his brother.
Hibbard and Gray thanked Parks & Recreation staff for last weekend's concerts and the great job they do.
Gray invited residents to the 5/6/03 fundraiser at Fresh Market benefiting the Library Foundation Capital
Campaign.
Jonson reviewed changes to legislation regarding Tampa Bay Water under consideration by the Florida
Legislature and discussed potential impacts. He recommended adopting a resolution that opposes any
amendment that jeopardizes Tampa Bay Water, its members, or its credit ratings
ACTION: Resolution 03-24 adopted.
Jonson said on 4/30/03 he and Gray had attended the transportation governance discussion. Consensus
seemed to favor an independent district that would have to absorb PSTA. Gray stated any change requires
legislative action.
Jonson invited those interested in serving on the Tampa Bay Estuary Citizen Advisory Committee to contact
him.
Jonson and Aunast congratulated Carlen Petersen and Doug Williams for being crowned last night as Mr. And
Mrs. Countryside at the Countryside Country Club.
Jonson said he is part of a group requesting the State to invalidate Pinellas County's settlement with Clear
Channel Outdoor Inc, on the grounds that it violates Florida law and the County's Comprehensive Land-Use
Plan.
Jonson said recently he had visited Clearwater beach, and was impressed with its beauty.
Hamilton thanked Alan Mayberry for his efforts on Arbor Day and congratulated him for the City having been
designated a Tree City for the 21st consecutive year
Hamilton said he had attended the Airpark Open House on 4/26/03, .and thanked FBO Dave King for providing
him an air tour of the City.
Hamilton thanked Cleveland Street businesses for their sacrifice while parking was removed from the south
side of the street to ease Spring Break traffic delays. The street has been restriped with parking spaces.
Aunast said on 4/30/03, he had appeared with Mayor loirio of Tampa and Mayor Baker of S1. Petersburg in a
PSA promoting vacationing in Tampa Bay. He also had recent regional discussions with the two mayors at a
meeting at the Radisson Hotel on Ulmerton Road. He said there is a good relationship between the cities.
Aunast said today he had welcomed ex-Prisoners of War at their annual reunion on Clearwater beach.
Aunast said Law Day will be observed on 5/2/03 at the Harborview Center.
Commission Action Agenda 2003-0403
4
e e
Aunqst said on 5/3/03, he and Governor Soto of Hidalgo, Mexico will welcome those attending the Cinco de
Mayo celebration at Coachman Park, which begins at 3:00 p.m.
Aunqst invited residents to attend the Fun N' Sun parade on 5/3/03 at 7:00 p.m. After the parade, the public is
invited to attend Ye Mystic Krewe's fundraiser at the Harborview Center to benefit the Clearwater Free Clinic.
Aunqst said Hamilton will represent him on 5/9/03 at 10:00 a.m. at the 22nd annual police memorial service at
Station Square Park with the Fraternal Order of Police Lodge #10 and Clearwater Police Department.
Aunqst announced the next Work Session is on 5/12/03 at 1 :00 p.m.
ITEM #40 - Adiournment - 7:20 p.m.
Commission Action Agenda 2003-0403
5
~
Second Submittal
2004 Small Scale Development
Amendments
Fifth Amendment of 2004
L UZ2003-0 1001
3035 Gulf To Bay Boulevard
SMALL SCALE DEVELOPMENT AMENDMENT
SUBMITTAL FORM
1. CITY OF CLEARWATER (CITY FILE LUZ2003-01001)
CONTACT: GINA CLAYTON, SUPERVISING PLANNER (727) 562-4587
NAME OF NEWSPAPER: TAMPA TRIBUNE
DATE PUBLICATION NOTICED: 3/2/03,3/16/03, & 4/13103
NOTICES ATTACHED?
YES (X )
NO ( )
2. NUMBER OF ACRES OF SMALL SCALE DEVELOPMENT AMENDMENTS
CONTAINED IN THE PACKAGE:
a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization areas, as
Defined by Section 163.3164, Florida Statutes: 0
b. Within a Transportation Concurrency Exception Area, pursuant to Section
163.3180(5), Florida Statutes: 0
c. Within Regional Activity centers Urban Central Business Districts, pursuant to
Section 380.06(2)(e), Florida statutes: 0
d. Outside of categories a., b. and c. referenced above: 4.40 acres
3. CUMULA TIVE TOTAL NUMBER OF ACRES OF SMALL SCALE DEVELOPMENT
AMENDMENT FOR THE 2004 CALENDAR YEAR
a. Categories listed in Item 2.a., b. and lor c. above: 0
b. Categories listed in Item 2.d. above: 13.82 acres
4. TOT AL NUMBER OF ACRES OF SMALL SCALE DEVELOPMENT AMENDMENTS
CONTAINED IN THIS PACKAGE THAT ARE LOCATED WITHIN A COASTAL
HIGH HAZARD AREA, AS IDENTIFIED IN THE COMPREHENSIVE PLAN: 0
Pursuant to Rule 9J-11.015(2), Florida Administrative Code, this form must be mailed with all small
scale development amendments, as defined by Section 163.318(1) (c), Florida Statutes: Florida
Department of Community Affairs, Bureau of State Planning, Plan Processing Section, 2555
Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 (904) 488-4925
RPM-BSP-SMALL SCALE
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LOCATION MAP
Owner: City of Clearwater Case: LU Z2003-0 1001
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
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FUTURE LAND USE PLAN MAP
Owner: City of Clearwater Case: LUZ2003-0 100 1
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
ORDINANCE NO. 7116-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF GULF-TO-BAY BOULEVARD AND
MCMULLEN-BOOTH ROAD, CONSISTING OF (1) A PORTION
OF TRACT A, MYRON A. SMITH'S BAY VIEW SUBDIVISION IN
THE SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION OF
LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN OF BAY
VIEW, (3) THAT PORTION OF VACATED COUNTY ROAD 31 IN
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND
(4) A PORTION OF LOTS 1 AND 4 OF REVISED MAP OF
TOWN OF BAY VIEW, WHOSE POST OFFICE ADDRESS IS
3035 GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW
MEDIUM AND RESIDENTIAL URBAN TO RECREATION/OPEN
SPACE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use Cateqory
See legal description attached hereto
LUZ2003-01001
From: Residential Low Medium and
Residential Urban
To: Recreation/Open Space
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, 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.
Ordinance No. 7116-03
PASSED ON FIRST READING
April 17, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form: Attest:
2 Ordinance No. 7116-03
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Landusc Legal for Bayvicw Park
Pafccll;
A portion of Tract ^, MYRON A. SMITH'S 13AYVIEW SUIH)IYISION, ;lcwrding to the
pbt thereof recorded in Plat Book 25, plJge 57, Public Records of 1.'ineLbs County, I'lori(la,
in the South % of Fractional Section 16, Township 29 South, RanJ!e 16 East being; further
..
described as follows:
Commence at the \X1cst 1/.. cornet of said Fractional Sccrjon 1 () and run thence South
(\9('2T5(;" Fast along thc East and West centerline of s~tid Sectioi116, for a distance ()f
401.99 feet; thence South 00032'U4" West, for a distancc of scum feet to a pOll1t on the
aforesaid "I'ract ^ and the POINT OF BEGINNiNG; tlWI1C(~ South H902T%" East, 24.3.22
fcet to ~l point oll curve; thence lOO.6~ feet along the ~lrc of a ClLrVT, concave Southerly
through a ccntral angle of 00C,45'3()''', :1 mwus of 7591.44 feet and a chord beating of South
i{7005']2" I<:ast, 100.6R feet to a point of reverse C\lrvature; thence 135.23 ICed along Ih(: arc
of a CUNe, concave Northerly through a central :l.ngJc of 00040'24'" :l. radius ofU,507.16
feet <mu a chord be.'l.ring of South H 7002'36" F.a~t, 135.23 fcd; thctK: South 02037'12" West
(radial) fot a distance of 5.00 fed~ (hence South g,023'34" Fast for a ilistnncc of 5.0.( fc(,t;
thenc:(: North 02035'42" East (raJi~ll) for a dista.nce of 5.00 feet; thmce J.O.53 feet nlong the
arc of a::urve, concave Nortlwrly through a central angle of OOO()VOI)", a raw.us of 11,507.16
feet anda chord hearillg of South R7025'S2" East, 1 OS) feet; thenc.~ Soath 22030'54" East,
274.45 feet; tknce South 67"29'11S' West, 351.74 feel; thence:--.rorth 21030'31" West,
191.95 fr~ct; thence South 69034'59" West, 109.4~ fe(~t; thence North 21006'4W' West, 2~1.~O
(eet to the POTNi' or BE(,lNNING.
Parcd 2:
Lots 2 and 3, Block 5, RFVTSI\D MAP or TOWN OF BAY VIEW, .lccordlng to the plat
thereof :Tcordeu in Plat Book 6, page; 23, puhlic Records of Hillsbotollgh County, Florida,
of which Pindlas COlUlty was formerly ~\ part- l.ess anu eXcl'pt that ")ottjon of the South 15
feet and tht' Wl'st 10 feet lying South of;1 line 330 teet South of :lI1d parallel to the Fast
We:;t centerline of Section 16, 'l'owllship 2<) South, Rang/.: 16 Ea~t.
Parcd :)
That portion of County Rmlu 31 lying in Section Hi, Township 29 South, Range 16 I <:ast,
Pinen;ls County.. Honda, as v,lcated by resolution No, In -154 rccmc1ed ic Official records
Book 9762, pagel H72, Public. Rccorus of Pindhts County, !'loriua. mor(~ particuhtrly
dcsc:ribeu a follows:
Commence at the Northwest corner of that certain ttact of bnd desnibcd in Warranty Deeu
re.corded in Official Record:; Book 5879, pa~c 1052, Public Rec.ords of Pincllas County,
/'.lorida, said Northw(:st cottlcr being 37.97 feet West of the Nouhclst comer of Tract C of
MYRON A. SMITH'S 131\ Y Vll':W SUnDIVISIO~, ;lS recorded it: 1'11\, l\ook 25, page 57,
Public Records of Pindlas County, flotida and bdn~ a point on tit.: Southerly right of way
of CO\lrty Road 11; thence along Ihe Somherly right of \ny, North 6702IJ'OS" East, OR.I)!)
feet to Ihe POIN!' OF BI':<;INNINC; tht:llce North 21")46'25" West, GG.04 feet to a poim
1 . d
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oU the Northerly right of W:lY of ~aiJ County RoaJ 31; thence :llon~: said Northerly right of
WilY, Norlh 67"'29'05" I':ast 251.74 feet; thence Somh 22030'55" East, 66(U fed 10 point on
the Southerly 11ght of way of said County Road 31; thence along said Sour!: cdy right of way,
South G'tC>29'05" West, 259.GO feet to the POINT or BEC';It-.:NINC
Parcel 4:
That p:J.rt of Lots I and 4 of mock 5 of REVISED MAP C)(<' '{OWN 01' HAY VIEW,
accordirg to the pbt thncof recordc..'d in Plat nook 6, page 23, Prblic.: Records of
I lillsbucough County, l'lorida, of which Pinella:> County was fonnnly a p~ut, IF ANY, Iyillg
Easterly of the Easterly boundary of Lot:> 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMf'1'H'S BA Y VIEW SlIBDIVISION, as rccorJ(~d in Plat Hook 25, page
57, Public recorus of Pinellns County, Florida. Less and except the South 15 feet.
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rAMP A TRIBUNE
ublished Daily
lborough County, Florida
MAR 1 2 2003
ed J. Rosenthal, who on oath says that she is Advertising Billing
published at Tampa in HilIsborough County, Florida; that the
\L NOTICE PINELLAS EDITION
"
7 OF CLEARWATER
Z NANCE NO. 7116-03
'}
MARCH 2, 2003
is a newspaper published at Tampa in said HilIsborough County,
een continuously published in said HilIsborough County, Florida,
tter at the post office in Tampa, in said HilIsborough County,
: rst publication of the attached copy of advertisement; and affiant
lY person, this advertisement for publication in the said newspaper.
rlU4{~:~<<- Z~
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> Pus OFFICIAL NOTARY SEAL
d<" SUSIE LEE SLATON
" if,1. ~ COMMISSION NUMBER
, . ~ DD000060
.. ~;): My COMMISSION EXP.
;" '1.0 APRIL 16, 2005
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PINELLAS COUNTY
BOAR....,D OF COUNTY COMMISSIONER...,S
PHONE (727) 464-3278 . FAX (727) 464-3022 . 315 COURT STREE~~e~l\lED756
KAREN WILLIAMS SEEL
CHAIRMAN
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PLANNING DEPARTMENT
CITY OF CLEARWATER
June 10,2003
The Honorable Brian Aungst, Mayor
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Dear M~st: \SUCLrl,
At its June 10,2003 meeting, the Board of County Commissioners, acting as the CPA, took action to
approve Case #CW 03-39, which was initiated by your City.
The Ordinance associated with this action is attached.
Sincerely,
~
Karen Williams Seel
Chairman
Pinellas County Commission
Attachment
cc: Cyndi Tarapani, Planning Director
CPAICorresp.ck.pg 4
.PINELLAS COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER"
o
PRINTED ON RECYClED PAPER
.
.
ORDINANCE NO.
AN ORDINA1~CE AMENDING THE COUNTYWIDE FUTURE LAND
USE PLAN OF PINELLAS COUNTY, FLORIDA, BY ACTION ON
CASE NUMBER CW 03-39 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, a proposed amendment to the Countywide Future Land Use Plan, which is
an element of the Countywide Comprehensive Plan of Pinellas County, Florida, has 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 a proposed amendment which was
considered at a public hearing by the Pinellas Planning Council on May 21, 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 June 10,2003, as follows:
Section 1 - Amending the CountyWide Future Land Use Plan
The Countywide Future Land Use Plan for Pine lIas County adopted in Section 3(a) of
Ordinance 89-4 is amended to reflect the change adopted as follows:
CW 03-39
4.40 acres located on the south side of Gulf-to-Bay Boulevard and
300 feet east of Bayview Avenue, from Residential Low Medium
and Residential Urban to Recreation/Open Space.
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.
.
.
ATTACHMENT A
#CW 03-39
,--,-"-_."..., - " ,.~,~,~_..........'".~ "....'. r......__
pALLA.S PLA.N~ING COU.IL I
A.GENDA MEI\10R~~DU~1 !
......
I AGENDA ITEM: IV B-2. I MEETLVG DA TE: May21,2003 I I
I
SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map
From: Residential Low Medium and Residential Urban
To: Recreation/Open Space
Area: 4.40 acres I
CASE #: CW03-39 I
JURISDICTION: City of Clearwater (LUZ2003-0 1 00 1)
LOCA TION: South side of Gulf-to-Bay Boulevard, 300 feet east ofBayview Avenue
TYPE: Level I-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
Recreation/Open Space Be Approved Pursuant to the Official Acceptance Process.
I. FINDINGS
Based on the background data and analysis in this report, the following fmdings 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 oj 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.
B. In particular, this amendment qualifies as a "Levell - Type E" subthreshold amendment
because it is an amendment to Recreation/Open Space and is therefore eligible for !
~I'proval under the official acceptance process.
I
, I
PINELLAS PLANNING COUNCIL ACTION: I
The Council recommended approval of the amendment from Residential Low Medium and
Residential Urban to Recreation/Open Space. (Vote 11-0)
I COUNTYWIDE PLANNING AUTHORITY ACTION: I
1
I: l.:SERSV,l'DOCSLUCASES 03 cases May Rcpom CWO'-'G c'~ doc /
SCBJECT: Case :7C\VCe9 - Clearwater
.
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 the City of Clearwater to the Council for Official Acceptance
in accordance with the Countywide Rules.
Parcel ID#:
16/29/16/83106/000/0100
16/29/16/83106/000/0211
16/29/16/53892/005/0030
Existine Use:
Vacant (former mobile home park)
Proposed Use:
Public Park
Subthreshold Type - "Levell-E"
Section 5.3.4.5 of the Countywide Rules defines a Levell - Type Esubthreshold amendment as an
amendment of any size to the Water/Drainage Feature, Recreation/Open Space and Preservation plan
categories, without limitation.
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 April 17, 2003, the City Commission of the City of Clearwater, 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.
I Planners Advisory Committee
I he PAC determined that they would not take any action on subthreshold amendments unless there
was an issue which they desired to bring to the attention of the Council. (See draft PAC minutes,
Attachment 3.)
2
"
"
" SFBJECT: Case #CW03-39.Ieanvater
III. LIST OF AIAPS & ATTACHMENTS
Map 1
Map 2
Map 3
Map 4
Attachment 1
Attachment 2
Attachment 3
Location
Countywide Plan Category & Jurisdictional Map - Black & White
Aerial - Black & White
Countywide Plan Category - Color
PPC Disclosure of Interest Form
Local Government Transmittal Package
Draft PAC Minutes
3
,
,
GULF OF t.lEXICO
l
CASE NO.
.~
CW03-39
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MAP 1
PINELLAS PLANNING COUNCIL
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GRAPHICS PREPARED BY THE OFF1CE OF THE PINELLAS COUNTY PROPERTY APPRAISER. JIM SMITH
Produced by liED IT V2.1, Copyright 1991.1992 Pmellas County, Florida Property Appraiser, All Rights Reserved.
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PROPOSED AMENDMENT CASE NO. CW03-39
FROM: Residential Low Medium (RLM) TO: Recreation/Open Space (R/OS)
Residential Urban (RU)
lj CITY OF CLEARWATER
ACREAGE: 4 40
A~
SCALE: I" = 400'
I~I PI~:'~~~"~~~~EI:p~E~?~~p~!E~TY m..,,,. "" '"""
I. GRAPHICS CREATED USING /dEDIT VERSION 2.1 @
CASE NO. CW03-39
MAP 3
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MAP 4
CASE NO. CW03-39
J
PINELLAS PLANNING COUNCIL
GRA.?HICS ?REP,l,RED BY T!-l~ ':::'~Frc::: ",:- ~:..:.'
Pli1'ELLAS COll";Y ?RGPEP.TY APPRAC:,EP. :;.\~:,:-O:
GRA.?H1CS PREPARED V3[';'3 \!H:~ ':,;;:r:s:.:',
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DISCLOSlJRE OF INIEREST ST A TE\fE~l
P~Tf:LLAS COUNTY PLANNING COUNCIL CASE NLT1-ffiER .
~-\::J.;': :1..:T =:-'~: ~
SUBMmING GOVERNMENT ENTITY:
PPC OR CITY/TOWN CASE NUMBER:
CITY OF CLEARWATER
LUZ2003-01001
PROPERTY OWNERSIREPRESENT ATNE:
OWNERS: CITY OF CLEAR WATER
REPRESENTATNE: ARTKADER
DIRECTOR OF PARKS AND RECREATION DEPT.
CITY OF CLEARWATER
100 S. MYRTLE AVENUE
CLEARWATER. FL 33756
727-562-4800
ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY:
Interests:
N/A
Contingent:
Absolute:
Name: .
Specific Interest Held:
INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF
SO: N/A
Contract is:
Contingent
Absolute
All Parties To Contract:
Name:
INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT
PROPERTY, IF SO: N/A
All Parties To Option:
l'",ame:
Name:
.
ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT
PERTAINING TO REQUESTED PLAN AMENDMENT:
· NUMBER TO BE ASSIGNED BY PLANNING COUNCIL STAFF
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CITY OF
. .~.':J.~:-l;Tie,,: .:
CLEARWATER
loNG RANGE PlAM\1NG
DEVElOPME!'o"r REVIEW
PLANNING DEPARTMENT
POST OfFlCE Box 4748, C1VJlWATCR, FWRIDA 33758-4748
Mm'jlCIPAL SE"~v1CES BL1IDL'iG, 100 SO\';i"H MYR11.E AVESl.;!, ClLAR~'ATER, FLORlDA 33756
TElEPHONE (727) 562-4567 FAX (727) 562-4576
April 22, 2003
Received
APR 23 2003
Pinellas Planning
Council
Mr. David P. Healey, AICP
Executive Director
PineUas Planning Council
600 Cleveland Street, Suite 850
Clearwater, FL 33755-4160
RE: LUZ2003-01001 - 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
for 4.40 acres ofland located 3035 Gulf to Bay Boulevard from Residential Low Medium
(RLM) and Residential Urban (RU) to Recreation/Open Space (RIOS). This amendment
was passed on first reading at the April 17, 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.
Sincerely,
~~
Marc A. Mariano
Planner
SRi'..'" J. ALJ~GST, MAVOR-COM.\USSIO!"ER
S.iPlanning );~~~X~If!:~J5j%ft9s~':\l~~~dMnlsILuz 200JILUZ100J-OIOOI df'ilrc.9DH.~~Yw~~m6"Bay Blvd\PPC
tf6)T'HA\tlLTO:-O, COM.\I15f'JftitfNullal Ilr LUZ1OO-eOI JOJ5 Gu/flo Bay.~Jo"'so:-o. CO\I\I1~SIO\ER
"EQUAL EMPLOYME:-.-r A.'iD AFFIRMATIVE Acno:-; EMPLOYER"
APPLICA TION F'-OUNTYWIDE FUTURE LA.USE PLAt"f AMENDi\fE?'\T
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. CountvWide FLUP Mao Amendment Information
1. Current Countywide FLUP Designation
2. Proposed Countywide FLUP Designation
ll. Local Plan Map Amendment Information
I. Local Plan Map Amendment Case Number
2. Current Local Plan Designation(s)
3. Current Local Zoning Designation(s)
4. Proposed Local Plan Designation(s)
S. Proposed Local Zoning Designation(s)
RLM & RU
R/OS
LUZ2003-OI00l
RLM & RU
MHP & R-4 (COUNTY)
R10S
OSR
III. Site Descriotion
1. Parcel number(s) ofarea(s) proposed to be amended
16129/1611131061000/0100: 161291161113106/000/0211
16129/16/538921005/0030
2. Acreage
3. Location
6. Name of project (if applicable)
4.40
3035 GULF TO BA Y BLVD
VACANT
10 UNITS/ACRE & 7.5 UNITS/ACRE
(42 TOTAL UNITS)
CITY OF CLEARWATER
4. Existing use
S. Existing density
V. Other Pertinent Information
1. Submittal letter from the local jurisdiction to the Executive Director requesting
amendment to the Countywide FLUP.
x
~. iJL:,l,;i"sure of Interest Statement with names and addresses of the apv1i.;:aLivu/
representative and property owner. -
x
~ Proposed local ordinance number and status.
4. Staff report and local action to date.
S. Attach local plan and zoning maps.
6. Include proposed demarcation line for environmentally sensitive areas (if applicable).
7. Legal description.
8. Map clearly indicating, amendment location.
9. Plan Amendment Application.
x
X
X-_
X
X
X
X
.
.
CDB Meeting Date: March 18.2003
Case Number: LUZ2003-0 100 1
Agenda Item No. C-4
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
City of Clearwater
REPRESENT A TIVE:
Art Kader, Assistant Director, Parks and Recreation
Department
LOCATION:
3035 Gulf to Bay Boulevard, located at the southwest
comer of the Gulf to Bay-McMullen Booth intersection.
REQUEST:
To amend the Comprehensive Plan's Future Land Use Map
from Residential Low Medium (RLM) (County) and
Residential Urban (RU) to the RecreationaVOpen Space
(RIQS) category; and
To rezone from the R-4, One, Two and Three Family
Residential (County) and MHP, Mobile Home Park (City)
Districts to the OSR, Open Space/Recreation District-
SITE INFORMATION
PROPERTY SIZE:
191,664 square feet or 4.4 acres
DIMENSIONS OF PROPERTY: 470 feet wide by 400 feet deep m.o.I.
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Park
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low Medium (RLM) (County) & Residential
Urban (RU)
Recreation/Open Space (RIQS)
Staff Report - Community Development Board - January 21. 2003 - Case LUZ2oo3-01001
Page 1
.
.
ZONING DISTRICT:
Current District:
Proposed District:
R-4. One, Two and Three Family Residential (County) and
MHP. Mobile Home Park (City)
OSR, Open Space/Recreation District
EXISTING
SURROUNDING USES:
North: Office & Overnight Accommodation
South: Single-family residential & Retention Pond
East: Retention Pond & Bayside Bridge
West: Single-family residential & Vehicle service station
ANALYSIS:
Introduction:
This Future Land Use Plan amendment and rezoning application involves three (3) vacant parcels
of land, approximately 4.4 acres in area. The subject site has Future Land Use Plan designations
of Residential Low Medium (RLM) (County) and Residential Urban (RU) and zoning
classifications of R-4, One. Two and 'fhroo.,e Family Residential (County) and MHP. Mobile
Home Park (City). In 1999. The Laura Nall Connolly Trust submitted an application, which
involved the properties associated with this current case. for annexation (ANX 99-14) and future
land use plan and zoning amendment (LUZ 99-001) to change the future land use to
Residential/Office General (RI0G) and the zoning to the O. Office District. The annexation
portion of the request was approved. while the future land use plan and zoning amendment
request was denied. As a result of this denial. the land was annexed into City jurisdiction, but the
future land use plan category and zoning districts remained unchanged.
The Laura Nall Connolly Trust filed a lawsuit against the City of Clearwater as a result of the
denied future l~d use plan and zoning amendment request. The proposed future land use plan
and zoning amendment are part of 'the stipulation invoked by the June 21. 2002 Circuit Court
decision involving this case. The City of Clearwater purchased the property as part of an
agreement with the Florida Community Trust. Pinellas County and the Trust for Public Land to
preserve the site as a city park. The city is submitting this application to amend the future land
use plan categories to Recreation/Open Space (RIOS) and the zoning districts to OSR. Open
SpacelRecreation.
In accordance with the Countywide Plan Rules. the land use plan amendment is subject to the
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide ?larining Authority. Based on the size of the plan amendment request, review and
approval by Florida Department of Community Affairs is not required.
Staff Report - Community Development Board -January 21. 2003 - Case LUZ2003-01001
Page 2
~.
.
.
I. CONSISTENCY WITH CITY'S COl\1PREHENSIVE 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.
24.4 Objective - Preserve natural open space areas which constitute aesthetic and/or ecological
community assets.
24.4.3 Policy - Continue to designate appropriate land "Preservation" and "Recreation/Open
Space" in the Future Land Use Plan whenever feasible.
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
The purpose of the proposed Recreation/Open Space (RI0S) category as specified in Section
2.3.3.7.2 of the Countywide Rules is to designate areas County that are now used, or appropriate .
to be used, for open space and/or recreational purposes and to recognize the significance of
providing open space and recreational areas as part of the overall land use plan. The
Recreation/Open Space (RIQS) category is generally appropriate to public and private open
spaces and recreational facilities throughout the County. The areas should recognize the natural
and man-made conditions which contribute to the active and passive open space character of
such locations. The primary uses associated with the RlOS category are PubliclPrivate Open
Space; PubliclPrivate Park; Public Recreation Facility; Public Beach/Water Access and Golf
Course/Clubhouse uses.
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
lli. COl\1PA TffiILITY WITH SURROUNDING PROPERTYI CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.31
Gulf to Bay Boulevard Corridor
Gulf to Bay Boulevard is a six lane divided roadway with frequent traffic signals. The Gulf to
Bay corridor in this area between U.S. 19 North and McMullen Booth Avenue is characterized by
a variety of development including commercial, overnight accommodation, transportation/utility,
institutional, office and residential uses. The Countywide Future Land Use Plan has designated
land in this area on the south side of Gulf to Bay Boulevard Commercial General, Transportation
Utility, Institutional, Residential/Office General, Residential Medium, Residential High,
Residential Urban, and Residential Low Medium. The area on the north side of Gulf to Bay
Staff Report - Community Development Board - January 21. 2003 - Case LUZ2oo3-01oo1
Page 3
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.
Boulevard has been designated Commercial General. Recreation/Open Space and Residential
Low Medium.
Immediate Surrounding Area
The Future Land Use Plan (FLUP) categories for the immediate surrounding areas to the west are
Residential Urban (RU) and Commercial General (CG). The Residential Urban (RU) category
also borders the site to the south. The properties to the north of the subject site have a
Commercial General (CG) designation, while the property to the west is designated
TransportationlUtility (flU).
The existing sUITOunding uses include single-family residential dwellings to the south and west.
as well as a vehicle service station to the west. A retention pond and the Bayside Bridge are
located to the east of the property and overnight accommodations and an office structure occupy
the properties to the north.
The proposed land use plan amendment is compatible with surrounding uses due the recreational
character of the use.
IV. SUFFICIENCY OF PUBLIC FACll.ITIES [Sections 4-602.F.5. & 4-603.F.5]
As stated earlier, the subject site is approximately 4.4 acres in area and is presently a vacant
parcel of land. Based on a maximum permitted density of 7.5 dwelling units per acre in the .
Residential Urban (RU) category and a maximum permitted density of 10.0 dwelling units per
acre in the Residential Low Medium (RLM) category, 33 dwelling units could be constructed on
this site. The maximum development potential in the ResidentiaVOpen Space (RI0S) category is
a FAR of 0.25, which would permit the development of a 47,044 square foot building on the site.
Roadways .
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed Future Land Use PI~ categories and are included in the next table.
::;~:~~,) B:: . Blvd: Detween US i9 N and Da shore Blvd
Maximum Dail Added Potential Tri 5
Maximum PM Peak Hour Added Potential Tri 51
Volume of GTB Blvd from US 19 N to Ba shore Blvd
LOS of Memorial Causewa from Drew Street to SR 60
N/A = NO! Applicable LDS.. Level-o(-Service
1 .. Based on PPC calculations o( 70 trips per acre per day (or the Residential Urban aDd the 63 trips per day per acre (or the Residential Low Medium
Future LaDd Use Plan Category. 2.. Based OD PPC calculatioos of 4 trips per acre per day (or the Resideotial/OpeD Space Future Land Use PIaD
Category. 3 .. City Calculation o( 12.S '*'
Source: '71a, Run," 0 th, Cou wuu Future lAnd U" PkuI
Current
Situation
N/A
N/A
55.190
F
Existing
Planl
298
37
55,488
F
Proposed
PlanJ
17
2
55.207
F
Net New
Tri s
(-281
( -35)
-281)
F
The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf to Bay Boulevard section between US 19 North and
Staff Report _ Community Development Board - January 21. 2003 - Case LUZ2003-01001
'\
Page 4
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.
Bayshore Boulevard a level of service (LOS) F. The traffic generation for the proposed
Recreation/Open Space (RiOS) category is less than the current Residential Urban (RU) and
Residential Low Medium (RLM); therefore, no negative impacts are anticipated to surrounding
roadways. L., addition, ingress and egress for the site will be located on the CR 31 right-of-way,
as opposed to the Gulf to Boulevard right-of-way.
Specific uses in the current and proposed zoning districts have also been analyzed for the amount
of vehicle trips that could be generated based on the Institute of Transportation Engineer's
Manual.
:...,~; .~ .j: .
.. .":.'~:.::;'..:~
-,'
Daily
, Trips!'
Existing'
. ZOning
Existing Zoning
0.6 Acresl
4d.u.
38
N/A
31
4
3
3.8 acresl
38 d.u.
182
N/A
175
22
21
Total Tramc Generated
from Site Area
4.4 Acres
220
N/A
206
26
24
City Park 4.4 acres
(1.5 9 trips per acre)
NI A - Not Applicable
Source: rrE T.' GeneraJiofl MtuUUJl 6th Ed. 1997
N/A
N/A"
Based on the ITE Trip Generation Manual a Mobile Home Park would result in an increase in
traffic generation. As the proposed use that will occupy this site is a city park, traffic generation
is anticipated to be at a much lower rate. Due to the location of this site, access and egress areas
will be located in the CR 31 right-of-way. The transportation impacts associated with the
proposed land use plan amendment and rezoning will be minimal and the LOS for Gulf to Bay
'9':"2~,:,vard will not be degraded.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located along an existing
transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit
Authority (pST A) bus service is available along Gulf to Bay Boulevard.
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-0 1001
Page 5
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.
Water
The current zoning district could demand approximately 8,250 gallons per day. Under the
proposed zoning district, water demand could approach approximately 4,704 gallons per day if
developed to the site's maximum potential asa 47,044 square foot building. However, as the
proposed use for the site is a passive park, demand on the City's current LOS for water will be
considerably less.
Wastewater
The current zoning district could demand approximately 6,600 gallons of wastewater per day.
Under the proposed zoning district, sewer demand could approach approximately 3,763 gallons
per day if developed to the site's maximum potential as a 47,044 square foot building. However,
as the proposed use for the site is a passive park, demand on the City's current LOS for
wastewater will be considerably less.
Solid Waste
The current zoning district could result in 83 tons of solid waste per year. As no category has
been established for parks and recreation facilities, the parking structure category, at 0.3 pounds
per square footage of building per year, was used to calculate the amount of solid waste that
could be generated by the site. Under the proposed zoning district, solid waste demand could
approach approximately 7 pounds per year if developed to the site's maximum potential as a
47,044 square foot building. However, as the proposed use for the site is a passive park, demand
on the City's current LOS for solid waste will be considerably less.
Recreation and Open Space
The proposed land use plan amendment and rezoning will positively impact the LOS of
recreational acreage or facilities, as the proposed use of the property is recreation space.
v. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Prior to development of the subject property, site plan approval will be required. Atthat time, the
stonnwater management system will be required to meet all City and Southwest Florida Water
Management District (SWFWMDl stormwater management criteria. Water quantity and quality
will be controlled in compliance with the Clearwater Comprehensive Plan.
As the proposed development of the site is a passive park that will preserve much of the natural
~.:..::::!:=aping, the impact on the environment will be minimal.
VI. LOCA TION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
The district boundaries are appropriately drawn with regard to location and classifications of
streets, ownership lines and existing development and improvements. The location of the
proposed Open SpacelRecreation boundaries are logical and the site will complement the
existing LMDR District and R4 (County) Classifications to the west and south and will provide a
logical buffer between these properties and the Bayside Bridge to east and Gulf to Bay Boulevard
Staff Report - Community Development Board - January 21. 2003 - Case LUZ2oo3-0Ioo1
Page 6
.
.
to the north. Commercial, Institutional and Open Space/Recreation zoning districts generally
front on Gulf to Bay Boulevard between US 19 North and the Courtney Campbell Causeway.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPl\-tENT
CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602.F.I. and .2.]
The proposed OSR, Open SpaceIRecreation District permits a FAR of 0.25 and the existing
MHP, Mobile Home Park and R4, One, Two and Three Family Residential (County) Districts
permits a slightly more intensive FAR of 0.50 and 0.40, respectively. The 0.60 ISR of the
proposed OSR zoning district is considerably less than'the existing ISR at 0.75 for the MHP
District and 0.65 for the R4 District. The subject site is 191,664 square feet in area and 500 feet
wide; however, there are no minimum lot area and width requirements for parks and recreation
facilities in the OSR zoning 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 proposed use of these properties is consistent with the Open SpaceIRecreation zoning district
regulations.
SUMMARY AND RECOMMENDATIONS
An amendment of the Future Land Use Plan from Residential Urban (RU) and Residential Low
Medium (RLM) to Residential/Open Space (RIOS) and a rezoning from MHP, Mobile .Home
Park (City) and R4, One, Two and Three Family Residential (County), to the OSR, Open
SpacelRecreation District for the subject site is requested to enable the City to develop the site as
a park. There are no minimum requirements for the proposed use of the property as a park and
recreation facility. The neighborhood is surrounded by single-family residential dwellings to the
south and west, a vehicle service station to the west, overnight accommodations to the north, a
retention pond to the south and east and the Bayside Bridge to the east. The proposed future land
use plan amendment and rezoning will be compatible with the immediate neighborhood, as it is
primarily residential.
The proposed Recreation/Open Space (RIOS) Future Land Use classification and OSR, Open
SpaceIRecreation zoning district are c0nsistent with both the City and the Coumfw'iuc:
Comprehensive Plans, are compatible with the surrounding area, do not require nor affect the
pmvi:;ion of public services, are compatible with the natural environment and are consistent with
the development regulations of the City.
Staff Report - Community Development Board - January 21. 2003 - Case LUZ2oo3-01 00 1
Page 7
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.
The Planning Department recommends APPROVAL of the following actions on this application:
1. Amend the Future Land Use Plan designation of 3035 Gulf to Bay Boulevard
from Residential Urban (RU) and Residential Low Medium (RLM) to
Recreation/Open Space (RIOS); and
2. Amend the Zoning District designation of 3035 Gulf to Bay Boulevard from
MHP, Mobile Home Park (City) and R4, One, Two, Three Family Residential
(County) to the OSR, Open SpaceJRecreanon DistriCL
Prepared by Planning Department staff: ~ ~
Marc A. ariano, Planner
Attachments
Application
Location Map
Aerial Photograph
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:\PlaMing Depar/IMnfIC D /NAnJl Ust AIMrttirMntilLUZ 2ooN-UZ2oo3-01oo1 City ofCltarwaltr 3035 Gulflo Bay BlwN...UZ2003-
01001 3035 Gulf 10 Bay Blvd City of C/earwaltr-Staff Report. doc
Staff Report - Community Development Board - January 21.2003 - Case LUZ2003-01001
Page 8
..
.
.
ORDINANCE NO. 7116-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF GULF-TO-BAY BOULEVARD AND
MCMULLEN-BOOTH ROAD, CONSISTING OF (1) A PORTION
OF TRACT A, MYRON A. SMITH'S BAY VIEW SUBDIVISION IN
THE SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION OF
LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN OF BAY
VIEW, (3) THAT PORTION OF VACATED COUNTY ROAD 31 IN
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND
(4) A PORTION OF LOTS 1 AND 4 OF REVISED MAP OF
TOWN OF BAY VIEW, WHOSE POST OFFICE ADDRESS IS
3035 GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW
MEDIUM AND RESIDENTIAL URBAN TO RECREATION/OPEN
SPACE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Prooertv
Land Use Cateaorv
See legal description attached hereto
From: Residential Low Medium and
Residential Urban
To: Recreation/Open Space
LUZ2003-01001
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
g~d 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 9163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
Ordinance No. 7116-03
.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall- Ides
Assistant City Attorney
"
.
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7116-03
.
.
Landuse Legal for Bayview Park
Parcell:
A portion of TnctA, MYRON A. SMmf'S BAYVIEW SUBDIVISION, according to the
plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida,
in the South Ya of Fractional Section 16, Township 29 South, lUnge t 6 East being further
described as follows:
Commence at the West y.. comer of said Factional Section 16 and run thence South
89027'56" East along the East and West centerline of said Section 16, for a distance of
401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to a point on the
aforesaid Tact A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22
feet to a point on curve; thence 100.68 feet along the arc of a curve, concave Southerly
through a central angle of 00045'36", a ndius of 7591.44 feet and a chord bearing of South
87005'12" East, 100.68 feet to a point of reverse curvature; thence 135.23 feet along the arc
of a curve, concave Northerly through a central angle of 00040'24", a adius of 11,507.16
feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037'12" West
(radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet;
thence North 02035'42" East (radW) for a distance of 5.00 feet; thence 10.53 feet along the
ale ofa curve, concave Northerly through a central angle of 00003'09", a ndius of 11,507.16
feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East,
.274.45 feet; thence South 67029'13.5" West, 351.74 feet; thence North 21030'31" West,
191.95 feet; thence South 69034'59" West, 109.48 feet; thence North 21006'48" West, 281.80
feet to the POINT OF BEGINNING.
Parcel 2:
Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF BAY VIEW, according to the plat;
thereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part. Less and except that portion of the South 15
feet and the West 10 feet lying South of a line 330 feet South of and parallel to the East
West centerline of Section 16, Township 29 South, lUnge 16 East.
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29 South, lUnge 16 East,
Finellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records
Book 9762, page 1872, Public Records of Pinellas County, Florida, more particularly
described a follows:
Commence at the Northwest comer of that certain tract of land described in Warranty Deed
recorded in Official Records Book 5879, page 1052, Public Records of Pinellas County,
Florida, said Northwest comer being 37.97 feet West of the Northeast comer of Tract C of
MYRON A. SMITH'S BAY VIEW SUBDMSION, as recorded in Plat Book 25, page 57,
Public Records of Pinellas County, Florida and being a point on the Southerly right of way
of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99
feet to the POINT OF BEGINNING; thence North 21046'25" West, 66.04 feet to a point
.
.
on the Northerly right of way of said County Road 31; thence along said Northerly right of
way. North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to pOUlt on
the Southerly ~ght of way of said County Road 31; thence along said Southerly right of way,
South 67029'05" West, 259.60 feet to the POINT OF BEGINNING.
Parcel 4:
That part of Lots 1 and 4 of Block 5 of REVISED MAP OF TOWN OF BAY VIEW,
according to the plat thereof recorded in Plat Book 6, page 23, Public Records of
HiIlsborough County, Flori~ of which Pinellas County was formerly a part, IF ANY, lying
Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMTIH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25. page
57. Public records ofPinellas County, Florida. Less and except the South 15 feet.
CAROLINA AVE
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FUTURE LAND USE PLAN MAP
- CIty of Clearwater Case: LUZ2003-0 1 00 1
VWIICI.
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) &. MHP(Cify) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
Ordinance NO. 7116-03
.
.
ORDINANCE NO. 7117-03
AN ORDINANCE OF THE CITY OF CLEARWATER
FLORIDA, AMENDING THE ZONING ATLAS OF THE crrv
BY REZONING CERTAIN PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF
GULF-TO-BAY BOULEVARD AND MCMULLEN-BOOTH
ROAD, CONSISTING OF (1) A PORTION OF TRACT A,
MYRON A. SMITH'S BAY VIEW SUBDIVISION IN THE
SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION
OF LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN
OF BAY VIEW, (3) THAT PORTION OF' VACATED
COUNTY. ROAD 31 IN SECTION 16, TOWNSHIP 29
SOUTH, RANGE 16 EAST, AND (4) A PORTION OF LOTS
1 AND 4 OF REVISED MAP OF TOWN OF BAY VIEW,
WHOSE POST OFFICE ADDRESS IS 3035 GULF-TO-BAY
BOULEVARD, FROM MOBILE HOME PARK (MHP) AND
ONE, TWO AND THREE FAMILY RESIDENTIAL (R-4) TO
OPEN SPACElRECR~TION (OSIR); 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 Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Prooertv
Zonina District
,
See legal description attached hereto
(LUZ2003-01 001)
From: Mobile Home Park (MHP)
One, Two and Three Family
Residential (R-4)
To: Open SpacelRecreation(OS/R)
Section 2. The City Engineer is directed to re'.'is'l" the zoning l:.ltl~s of the City in
accordance with the foregoing amendment.
Section 3: This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7116-03, by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes.
PASSED ON FIRST READING
Ordinance No, 7117-03
'"
.
PASSED ON SECOND AND FINAL
READING AND ADOPTED
.
Approved as to form:
-;
.
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7117-03
.
.
Landuse Legal for Bayview Park
Parcell:
A portion of Tract A, MYRON A. SMITH'S BA YVIEW SUBDMSION, according to the
plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida,
in the South '12 of Fractional Section 16, Township 29 South, Range 16 East being further
described as follows:
Commence at the West 'I. comer of said Fractional Section 16 ~d !un thence South
89027'56" East along the East and West centerline of said Section 16, for a distance of
401.99 feet; thence South 00032'04" West, for a distance of 50.00 fed to a point on the
aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22
feet to a point on curve; thence 100.68 feet along the arc of a curve, concave Southerly
through a central angle of 00045'36", a radius of 7591.44 feet and a chord bearing of South
87005'12" East, 100.68 feet to a point of reverse curvature; thence 135.23 feetalong the arc
ofa curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16
feet and a chord bearing of South 87002'36" East, 13523 feet; thence South 02037'12" West
(radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet;
thence North 02035'42" East (radial) for a distance of 5.00 feet; thence 10.53 feet along the
arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16
feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East,
. 274.45 feet; thence South 67029'13.5" West, 351.74 feet; thence North 21030'31" West,
191.95 feet; thence South 69034'59" West, 109.48 feet; thence North 21 006'48" West, 281.80
feet to the POINT OF BEGINNING.
Parcel 2:
Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF BAY VIEW, according to the plat
thereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida,
of which Pioellas County was foanerly a part. Less and except that portion of the South 15
feet and the West 10 feet lying South of a line 330 feet South of and parallel to the East
West centerline of Section 16, Township 29 South, Range 16 East.
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 East,
Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records
"P-0ok 9762, page 1872, Public Records of Pinellas County, Florida, more particularly
described a follows:
Commence at the Northwest comer of that certain tract of land described in Warranty Deed
recorded in Official Records Book 5879, page 1052, Public Records of Pinellas County,
Florida, said Northwest comer being 37.97 feet West of the Northeast comer of Tract C of
MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page 57,
Public Records of Pinellas County, Florida and being a point on the Southerly right of way
of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99
feet to the POINT OF BEGINNING; thence North 21046'25" West, 66.04 feet to a point
.,
.
.
on the Northerly right of way of said Counry Road 31; thence along said Northerly right of
Villy, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on
the Southerly right of way of said County Road 31; thence along said Southerly right of way,
South 67029'05" West, 259.60 feet to the POINT OF BEGINNING.
Pucel 4:
That part of Lots 1 and 4 of Block 5 of REVISED MAP OF TOWN OF BAY VIEW,
according to the plat thueof recorded in Plat Book 6, page 23, Public Records of
Hillsborough County, Florida, of which Pinellas County was fOmlerly a part, IF ANY, lying
Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMITI-:I'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page
57. Public records ofPinellas County. Florida. Less and except the South 15 feet.
I
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ZONING MAP
Owner: City of Clearwater Case: LU~2003-o 1 CO 1
Site: 3035 GL'lf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/ooo/01CX)
PIN: 16/29/16/83106/0001021 1
From: RLM/ RU R-4 (County) & MHPICity) 16/29/16/53892/00510030
To: R/OS OSR Atlas Page: 301A
Ordinance No. 7117-03
ti
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~ City of Oeawater Case: L'I'9~'" ,\1'V\1
I \J~\JV"""" I ""\.I I
Site: 3035 Gulf to Bay Boulevard Property ".40 Acres
Size(Acres):
land Use Zoning 16/29/16Aa3106/ooo/01oo
PIN: 16/29 /16/83106/000/0211
From : RLM/RU R.... (County) & MHP(City) 16/29/16/53892/005/0030
To: RIOS OSR A tics Page: 301A
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.-... .- --. Cit; of Clearwater Case: LUZ2oo3-01 001
V9"lt,-,i.
Sife: 3035 Gul~ to Bay Boulevard Property 4.40 Acres
5ize(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
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Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/GS OSR Atlas Page: 301A
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on ..kJ 'hie commitments. ThIs .
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ATTACHMENT 3
Draft PAC Mlnut..
.., 12, 1003
Case #CW 03-39: City of Cleaxwater - This 4.4 acre parcel is located on the south side of
Gulf-to-Bay Blvd., 300 feet east of Bayview Avenue. The proposed amendment submitted
by the City of Cleaxwater is a request to change the plan designation from Residential Low
Medium and Residential Urban to Recreation/Open Space. The amendment area is owned
by the City of Cleaxwater and is vacant Approval of the amendment will allow a public park
to be developed on the site.
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.
. . . .
r~ PINELLAS PLANNING COUNCIL
COUNCIL MEMBERS
May 23,2003
Mayor Robert H. DiNicola, Chm.
Mayor Robert Jackson, Ph.D., Vice Chm.
Mayor Frank DiDonato, D.C., Treas.
Commissioner Calvin D. Harris, Sec.
Vice-Mayor Pete Bengston
Mayor Jerry Beverland
Council member Sandra L. Bradbury
Mayor Tom De Cesare
Councilmember Bill Foster
School Board Member Jane Gallucci
Commissioner Bob Hackworth
Commissioner Hoyt Hamilton
Commissioner Nadine S. Nickeson
Mayor Brian Aungst
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
Dear Mayor Aungst:
David P. Healey, AICP
Executive Director
The Pinellas Planning Council considered at public hearing on May 21, 2003 one
application from the City of Clearwater for amendment of the Countywide Future Land
Use Plan. The Council recommended approval ofCW #03-39, as noted on page 1 of the
accompanying agenda memorandum.
This 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 June 10,2003 at9:30 a.m.
Thank you and your staff for your assistance in the coordination of our countywide
planning process.
Sincerely,
~j#~~
Mayor Robert H. DiNicola
Chairman, Pinellas Planning Council
Attachment: Case Report
cc: Vice-Mayor Hoyt Hamilton, Pinellas Planning Council Representative
Mr. William B. Home, City Manager
Ms. Cyndi Tarapani, Planning Director
600 CLEVELAND STREET, SUITE 850 · CLEARWATER, FLORIDA 33755-4160
TELEPHONE (727) 464-8250 . FAX (727) 464-8212
www.co.pinel/as.fl.us/ppc
PINELLAS PLANNING COUNCIL
AGENDA MEMORANDUM
I AGENDA ITEM: NB-2.
I MEETING DATE: May 21,2003
SUBJECT:
From:
To:
Area:
CASE #:
JURISDICTION:
LOCATION:
TYPE:
Proposed Amendment to the Countywide Future Land Use Plan Map
Residential Low Medium and Residential Urban
Recreation/Open Space
4.40 acres
CW03-39
City of Clearwater (LUZ2003-0 1 00 1)
South side of Gu1f-to-Bay Boulevard, 300 feet east of Bayview Avenue
Level I-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
Recreation/Open Space Be Approved Pursuant to the Official Acceptance Process.
--
L FINDINGS
Based on the background data and analysis in this report, the following fmdings 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.
B. In particular, this amendment qualifies as a "Levell - Type E" subthreshold amendment
because it is an amendment to Recreation/Open Space and is therefore eligible for
approval under the official acceptance process.
PINELLAS PLANNING COUNCIL ACTION:
The Council recommended approval of the amendment from Residential Low Medium and
Residential Urban to Recreation/Open Space. (Vote 11-0)
COUNTYWIDE PLANNING AUTHORITY ACTION:
F :\USERS\\\!PDOCSILU\CASES\03 caseslMay\Reports\CW03- 39 .c1w .doc
, lJpv~
I AGENDA ITEM:
SUBJECT:
From:
To:
Area:
CASE #:
JURISDICTION:
LOCATION:
TYPE:
. .
PINELLAS PLANNING COUNCIL
AGENDA MEMORANDUM PR
LIMINARY FOR
REVIEW ONL
I
I MEETING DATE: May 21, 2003
Proposed Amendment to the Countywide Future Land Use Plan Map
Residential Low Medium and Residential Urban
Recreation/Open Space
4.40 acres
CW03-39
City of Clearwater (LUZ2003-01001)
South side of Gulf-to-Bay Boulevard, 300 feet east of Bayview Avenue
Level 1- Type E Subthreshold Map Amendment
RECOMMENDATION: Council, Based on Accompanying Findings (LA & B), Recommend to
the Countywide Planning Authority That The Proposed Level I Subthreshold Amendment to
Recreation/Open Space 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.
B. In particular, this amendment qualifies as a "Level 1 - Type E" subthreshold amendment
because it is an amendment to Recreation/Open Space and is therefore eligible for
approval under the official acceptance process.
PINELLAS PLANNING COUNCIL ACTION:
COUNTYWIDE PLANNING AUTHORITY ACTION:
I :\USERS\WPDOCS'LU\CASES'.03 cascs'May\CW03- 39 .clw.doc
SUBJECT: Case #CW03-39 - Clearwater
In consideration of and based upon these findings, it is recommended that the proposed amendment
be approved.
IL BACKGROUND
This amendment has been submitted by the City of Clearwater to the Council for Official Acceptance
in accordance with the Countywide Rules.
Parcel ID#:
16/29/16/83106/000/0100
16/29/16/83106/000/0211
16/29/16/53892/005/0030
Existin~ Use:
Vacant (former mobile home park)
Proposed Use:
Public Park
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 and Preservation plan
categories, without limitation.
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 April 17, 2003, the City Commission of the City of Clearwater, 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 will meet on May 12,2003, to discuss this case.
2
SUBJECT: Case #CW03-39-
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
Attachment I
Attachment 2
Attachment 3
PPC Disclosure of Interest Form
Local Government Transmittal Package
Draft PAC Minutes (to be provided after PAC)
3
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MAP 1
CASE NO. CW03-39
~
~
PINELLAS PLANNING COUNCIL
GRAPHICS PREPARED BY THE OFFICE OF THE PINELLAS COUNTY PROPERTY APPRAISER, JIM SMITH
Produced by MEDIT V2,I, Copyright 1991,1992 Pinellas County, Florida Property Appraiser, All Rights Reserved.
WATER
WATER
MAP 2
PROPOSED AMENDMENT CASE NO. CW03-39
FROM: Residential Low Medium (RLM) TO: Recreation/Open Space (R/OS)
Residential Urban (RU)
ACREAGE: 4.40
~
CITY OF CLEARWATER
SCALE: 1" = 400'
~
PINELLAS PLANNING COUNCIL
GRAPHICS PREPARED BY THE OFFICE OF PINELLAS COUNTY PROPERTY APPRAISER, JIM SMITH
GRAPHICS CREATED USING MEDIT VERSION 2.1 @
CASE NO. CW03-39
MAP 3
200
FEET
400
~
II, RESIDENTIAL
L-J URBAN
RESIDENTIAL
LOW MEDIUM
RESIDENTIAL
MEDIUM
i : I
MIXED USE
~~~:g~NJI:lhD
~~~:g~NJitl"RAL
RESIDENTIAL
VERY HIGH
RESIDENTIAL . RESIDENTIAL!
HIGH OFFICE!RETAlL
RESORT
FACIUTIES
OVERLAY
RESORT
F ACIUTIES
MEDIUM
. RESORT
FACIUTIES
HIGH
FROM: TO:
RLM I'ii/R/OS
RESIDENTIAL LOW MEDIUM:,":'"',, RECREATION/OPEN SPACE
r---. RU
L-J RESIDENTIAL URBAN
ACREAGE: 4.40
COMMERCIAL
COMMERCIAL
NEIGHBORHOOD
COMMERCIAL
UMITED
. COMMERCIAL
RECREATION
.' COMMERCIAL
GENERAL
INDUSTRIAL
INDUSTRIAL
UMITED
INDUSTRIAL
GENERAL
(
~
SCALE 1" = 400'
PUBLIC/SEMI-PUBLIC SPECIAL DESIGNATION
PRESERVATION IA ~~Tf:fGE
~~~~~v__ FEATURE
RECREATION! ~ SCENIC/
OPEN SPACE NON-cbMMERCIAL
CORRIDOR
INSTITUTIONAL ~ ~~~ CENTER!
~ SECONDARY
[
J
TRANSPORTATION! COMMUNITY
UTIUTY REDEVELOPMENT
DISTRICT
CENTRAL
BUSINESS
DISTRICT
MAP 4
CASE NO. CW03-39
J
PINELLAS PLANNING COUNCIL
GRAPHICS PREPARED BY THE OFFICE OF THE
PINELl.AS COUNTY PROPERTY APPRAISER, JIM SMITH
GRAPHICS PREPARED USING MEDIT VERSION 2.1 C
.
.
Attachment 1
DISCLOSURE OF INTEREST STATEMENT
PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER ·
SUBMITTING GOVERNMENT ENTITY:
CITY OF CLEARWATER
PPC OR CITYffOWN CASE NUMBER:
LUZ2003-0 100 1
PROPERTY OWNERSIREPRESENT ATNE:
OWNERS: CITY OF CLEARWATER
REPRESENTATIVE: ART KADER
DIRECTOR OF PARKS AND RECREATION DEPT.
CITY OF CLEARWATER
100 S. MYRTLE AVENUE
CLEARWATER, FL 33756
727-562-4800
ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY:
Interests:
N/A
Contingent:
Absolute:
Name:
Specific Interest Held:
INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF
SO: N/ A
Contract is:
Contingent
Absolute
All Parties To Contract:
Name:
INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT
PROPERTY, IF SO: N/A
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
.
e
CITY OF CLEARWATER
Attachment 2
"TL~
~.~~~LOF 71//1:-*.
~{~.,"',.,~.~;':.
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~-~.'" / '" ~ '=
"C"':>>.-= ,,', ..::clll
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..p:-- ~..
':.~--- -- ..'~~~
o/JP.'#m""~~.l
-*",,)1TE?t'-111
'#_.l...J-
loNG RANGE PlANNING
DEVELOPMTh'T REvIEW
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWA'I&R, FLORIDA 33758-4748
MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRTlE AVEl\'UE, CLEARWATER, FLORIDA 33756
TELEPHONE (127) 562-4567 FAX (127) 562-4576
April 22, 2003
Received
APR 2 3 2003
Pinellas Planning
Council
Mr. David P. Healey, AICP
Executive Director
Pinellas Planning Council
600 Cleveland Street, Suite 850
Clearwater, FL 33755-4160
RE: LUZ2003-01001 - 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
for 4.40 acres ofland located 3035 Gulf to Bay Boulevard from Residential Low Medium
(RLM) and Residential Urban (RU) to Recreation/Open Space (RlOS). This amendment
was passed on first reading at the April 17, 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.
Sincerely,
~t-:-
Marc A. Mariano
Planner
BRlAN J. AUNGST , MAYOR-COMMISSIONER
s: \Planning J,9p~C;kX~Fif,MygMi9s~~~?J>?Jihfenls \L UZ 2003 \L UZ2003-0 I 00 I ci)f1J~~H.lh');'-Ym~~mb~ay BlvdlPPC
tfDYT t1AMILTON~ tOM.\IlSjiffiliHhil/al Ilr LUZ2003(!)01 3035 Gu/flo Bay.~JONSO;\, Cml~IlSSI0!'\ER
"EQUAL EMPLOYMENT A.lIID AFFIRMATIVE ACTION EMPLOYER"
APPLICA nON FOR COLDE FUTURE LAND USftLAN 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
2. Proposed Countywide FLUP Designation
RLM & RU
RlOS
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)
III. Site Description
1. Parcel number(s) ofarea(s) proposed to be amended
LUZ2003-01001
RLM & RU
MHP & R-4 (COUNTY)
RlOS
OSR
16/29/161831 06/000/01 00: 16129n 61831 06100010211
16129/16/53892/005/0030
2. Acreage
3. Location
6. Name of project (ifapplicable)
4.40
3035 GULF TO BAY BLVD
VACANT
10 UNITS/ACRE & 7.5 UNITS/ACRE
(42 TOTAL UNITS)
CITY OF CLEARWATER
4. Existing use
5. Existing density
IV. Verification of Local Action
1. Verification oflocal action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map;
andlor 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. Disdosure of Interest Statement with names and addresses of the application!
representative and property owner. .
x
3. Proposed local ordinance number and status.
4. StafTreport and local action to date.
5. Attach local plan and zoning maps.
x
x
X
6. Include proposed demarcation line for environmentally sensitive areas (if applicable).
7. Legal description.
8. Map clearly indicating amendment location.
9. Plan Amendment Application.
X
X
X
X
^
.
e
CDB Meeting Date: ?\1arch 18. 2003
Case Number: LUZ2003-01001
Agenda Item No. C-4
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
City of Clearwater
REPRESENT A TIVE:
Art Kader, Assistant Director, Parks and Recreation
Department
LOCATION:
3035 Gulf to Bay Boulevard, located at the southwest
corner of the Gulf to Bay-McMullen Booth intersection.
REQUEST:
To amend the Comprehensive Plan's Future Land Use Map
from Residential Low Medium (RLM) (County) and
Residential Urban (RU) to the Recreational/Open Space
(RIOS) category; and
To rezone from the R-4, One, Two and Three Family
Residential (County) and MHP, Mobile Home Park (City)
Districts to the OSR, Open SpacelRecreation District:
SITE INFORMATION
PROPERTY SIZE:
191,664 square feet or 4.4 acres
DIMENSIONS OF PROPERTY: 470 feet wide by 400 feet deep m.o.!.
PROPERTY USE:
Current Use:
. . Proposed Use:
Vacant
Park
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low Medium (RLM) (County) & Residential
Urban (RU)
Recreation/Open Space (RIOS)
Staff Report _ Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 1
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ZONING DISTRICT:
Current District:
Proposed District:
R-4, One, Two and Three Family Residential (County) and
MHP, Mobile Home Park (City)
OSR, Open Space/Recreation District
EXISTING
SURROUNDING USES:
North: Office & Overnight Accommodation
South: Single-family residential & Retention Pond -
East: Retention Pond & Bayside Bridge
West: Single-family residential & Vehicle service station
ANALYSIS:
Introduction:
This Future Land Use Plan amendment and rezoning application involves three (3) vacant parcels
of land, approximately 4.4 acres in area. The subject site has Future Land Use Plan designations
of Residential Low Medium (RLM) (County) and Residential Urban (RU) and zoning
classifications of R-4, One, Two and Three Family Residential (County) and MHP, Mobile
Home Park (City). In 1999, The Laura Nall Connolly Trust submitted an application, which
involved the properties associated with this current case, for annexation (ANX 99-14) and future
land use plan and zoning amendment (LUZ 99-001) to change the future land use to
Residential/Office General (RI0G) and the zoning to the 0, Office District. The annexation
portion of the request was approved, while the future land use plan and zoning amendment
request was denied. As a result of this denial, the land was annexed into City jurisdiction, but the
future land use plan category and zoning districts remained unchanged.
The Laura Nall Connolly Trust filed a lawsuit against the City of Clearwater as a result of the
denied future land use plan and zoning amendment request. The proposed future land use plan
and zoning amendment are part of the stipulation invoked by the June 21, 2002 Circuit Court
decision involving this case. The City of Clearwater purchased the property as part of an
agreement with the Florida Community Trust, Pinellas County and the Trust for Public Land to
preserve the site as a city park. The city is submitting this application to amend the future land
use plan categories to Recreation/Open Space (RIOS) and the zoning districts to OSR, Open
SpacelRecreation.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the -
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the size of the plan amendment request, review and
approval by Florida Department of Community Affairs is not required.
Staff Report - Community Development Board - January 21,2003 - Case LUZ2oo3-01 00 1
Page 2
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I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.l &
4-603 .F.l]
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
24.4 Objective - Preserve natural open space areas which constitute aesthetic and/or ecological
community assets.
24.4.3 Policy - Continue to designate appropriate land "Preservation" and "Recreation/Open
Space" in the Future Land Use Plan whenever feasible.
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objective~ or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
The purpose of the proposed Recreation/Open Space (RIOS) category as specified in Section
2.3.3.7.2 of the Countywide Rules is to designate areas County that are now used, or appropriate
to be used, for open space and/or recreational purposes and to recognize the significance of
providing open space and recreational areas as part of the overall land use plan. The
Recreation/Open Space (RIDS) category is generally appropriate to public and private open
spaces and recreational facilities throughout the County. The areas should recognize the natural
and man-made conditions which contribute to the active and passive open space character of
such locations. The primary uses associated with the RIDS category are PubliclPrivate Open
Space; PubliclPrivate Park; Public Recreation Facility; Public Beach/Water Access and Golf
Course/Clubhouse uses.
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
III. COMPA TffiILITY WITH SURROUNDING PROPERTYI CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
Gulf to Bay Boulevard Corridor
Gulf to Bay Boulevard is a six lane divided roadway with frequent traffic signals. The Gulf to
Bay corridor in this area between U.S. 19 North and McMullen Booth Avenue is characterized by
a variety of development including commercial, overnight accommodation, transportation/utility,
institutional, office and residential uses. The Countywide Future Land Use Plan has designated
land in this area on the south side of Gulf to Bay Boulevard Commercial General, Transportation
Utility, Institutional, Residential/Office General, Residential Medium, Residential High,
Residential Urban, and Residential Low Medium. The area on the north side of Gulf to Bay
Staff Report _ Community Development Board -January 21, 2003 - Case LUZ2003-01001
Page 3
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Boulevard has been designated Commercial General, Recreation/Open Space and Residential
Low Medium.
Immediate Surrounding Area
The Future Land Use Plan (FLUP) categories for the immediate surrounding areas to the west are
Residential Urban (RU) and Commercial General (CG). The Residential Urban (RU) category
also borders the site to the south. The properties to the north of the subject site have a
Commercial General (CG) designation, while the property to the west is designated
TransportationlUtility (TIU).
The existing surrounding uses include single-family residential dwellings to the south and west,
as well as a vehicle service station to the west. A retention pond and the Bayside Bridge are
located to the east of the property and overnight accommodations and an office structure occupy
the properties to the north.
The proposed land use plan amendment is compatible with surrounding uses due the recreational
character of the use.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5]
As stated earlier, the subject site is approximately 4.4 acres in area and is presently a vacant
parcel of land. Based on a maximum permitted density of 7.5 dwelling units per acre in the
Residential Urban (RU) category and a maximum permitted density of 10.0 dwelling units per
acre in the Residential Low Medium (RLM) category, 33 dwelling units could be constructed on
this site. The maximum development potential in the ResidentiaVOpen Space (RI0S) category is
a FAR of 0.25, which would permit the development of a 47,044 square foot building on the site.
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed Future Land Use Plan categories and are included in the next table.
.- '. ',' .-:.- ,';"-' '. --. . ," - --. --, ",.-.,.
POTENTIAL TRAFFIC..........'.:;:..:...:
Current ... ....,Existing
..SitUatlond ...Plan1
N/A 298
N/A 37
55,190 55,488
F F
. - - ._.-.
.-........- ..-. ,.. .
.. ..." -",",' ,".
....',....._'..--,.._.,'.'..-.
. ..._ ,,_. d. ..
.. - ,". -.. - -.....
..".., - .".
. ." - d_"'"
. ,. ...." .. -"".-"
'.. .d~HftQ..~~... .~I~d:.,~e~eeh.ti~..:l;..~.:~~~;~..~1t6;~..~I~d...................
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri s'
Volume of GTB Blvd from US 19 N to Ba shore Blvd
LOS of Memorial Causewa from Drew Street to SR 60
NI A = NO! Applicable LOS = Level-of-Service
1 = Based on PPC calculations of 70 trips per acre per day for the Residential Urban and the 63 trips per day per acre for the Residential Low Medium
Future Land Use Plan Category. 2 = Based on PPC calculatioDS of 4 trips per acre per day for the ResidentiaVOpen Space Future wd Use Plan
Category. 3 = City Calculation of 12.5%
Source: "Tht Rults" 0 tht Count widt FuJurt Land USt Pliln
. proposed
.. ...PlaIl1
17
2
55,207
F
The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf to Bay Boulevard section between US 19 North and
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 4
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Bayshore Boulevard a level of service (LOS) F. The traffic generation for the proposed
Recreation/Open Space (RIDS) category is less than the current Residential Urban(RU) and
Residential Low Medium (RLM); therefore, no negative impacts are anticipated to surrounding
roadways. In addition, ingress and egress for the site will be located on the CR 31 right-of-way,
as opposed to the Gulf to Boulevard right-of-way.
Specific uses in the current and proposed zoning districts have also been analyzed for the amount
of vehicle trips that could be generated based on the Institute of Transportation Engineer's
Manual.
, Daily",Net'i,.,:~,
".........IT.....>.. ....:..,'."'...'."... ' 'T . . " .Increase' of
,. !IV~, .. .... rlVS - .'
..E.... . .....i...p . ....d.'....,>,.Average
'~tmg\<..1:'9pose. ....... ii...... <.J
.1f~.~#~.i,!.;~.~~~,j,:,~,;;,~::1~_;i..
..~'PM<: ..... .....,<N~f; ...... ..... ....
<peak"I~cfeas~ of'
;''I'flps'' <<PM Peak.,.".'..",'
'.i,.;:e..,''''''', .:,.:'.. .:.'.....,.....'....T......... .'ir. i...p..s...'.'.'....'....:.'.."
,> '.'" """"":: ,_, c':.t' ~~;" '-." ,. .-' ,,_ ~" ,." ' . _
-', ~:,4'>~:,;t;{(,'~':~<;,-<<$;.,,:.: :'c;'<< ,~:,,::-"-"," ',.. :<':,'~",: .', ," ""~
Existing Zoning
0.6 Acresl
4d.u.
3.8 acres!
38 d.u.
38
N/A
31
182
N/A
175
Total Traffic Generated
from Site Area
4.4 Acres
220
N/A
206
7
N/A
City Park 4.4 acres
(159 trips per acre)
N/A - Not Applicable
Source: rrE Tri Generation Manual, 6th Ed., 1997
4
22
26
3
21
24
N/A
Based on the ITE Trip Generation Manual a Mobile Home Park would result in an increase in
traffic generation. As the proposed use that will occupy this site is a city park, traffic generation
is anticipated to be at a much lower rate. Due to the location of this site, access and egress areas
will be located in the CR 31 right-of-way. The transportation impacts associated with the
proposed land use plan amendment and rezoning will be minimal and the LOS for Gulf to Bay
Boulevard will not be degraded.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located along an existing
transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit
Authority (pST A) bus service is available along Gulf to Bay Boulevard.
Staff Report _ Community Development Board ~ January 21. 2003 - Case LUZ2003-01001
Page 5
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Water
The current zoning district could demand approximately 8,250 gallons per day. Under the
proposed zoning district, water demand could approach approximately 4,704 gallons per day if
developed to the site's maximum potential as a 47,044 square foot building. However, as the
proposed use for the site is a passive park, demand on the City's current LOS for water will be
considerably less.
Wastewater
The current zoning district could demand approximately 6,600 gallons of wastewater per day.
Under the proposed zoning district, sewer demand could approach approximately 3,763 gallons
per day if developed to the site's maximum potential as a 47,044 square foot building. However,
as the proposed use for the site is a passive park, demand on the City's current LOS for
wastewater will be considerably less.
Solid Waste
The current zoning district could result in 83 tons of solid waste per year. As no category has
been established for parks and recreation facilities, the parking structure category, at 0.3 pounds
per square footage of building per year, was used to calculate the amount of solid waste that
could be generated by the site. Under the proposed zoning district, solid waste demand could
approach approximately 7 pounds per year if developed to the site's maximum potential as a
47,044 square foot building. However, as the proposed use for the site is a passive park, demand
on the City's current LOS for solid waste will be considerably less.
Recreation and Open Space
The proposed land use plan amendment and rezoning will positively impact the LOS of
recreational acreage or facilities, as the proposed use of the property is recreation space.
v. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Prior to development of the subject property, site plan approval will be required. At that time, the
stonnwater management system will be required to meet all City and Southwest Florida Water
Management District (SWFWMD) stonnwater management criteria. Water quantity and quality
will be controlled in compliance with the Clearwater Comprehensive Plan.
As the proposed development of the site is a passive park that will preserve much of the natural
landscaping, the impact on the environment will be minimal.
VI. LOCA TI(~N OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
The district boundaries are appropriately drawn with regard to location and classifications of
streets, ownership lines and existing development and improvements. The location of the
proposed Open SpacelRecreation boundaries are logical and the site will complement the
existing LMDR District and R4 (County) Classifications to the west and south and will provide a
logical buffer between these properties and the Bayside Bridge to east and Gulf to Bay Boulevard
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 6
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to the north. Commercial, Institutional and Open SpacelRecreation zoning districts generally
front on Gulf to Bay Boulevard between US 19 North and the Courtney Campbell Causeway.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602.F.I. and .2.]
The proposed OSR, Open SpacelRecreation District permits a FAR of 0.25 and the existing
:MHP, Mobile Home Park and R4, One, Two and Three Family Residential (County) Districts
permits a slightly more intensive FAR of 0.50 and 0.40, respectively. The 0.60 ISR of the
proposed OSR zoning district is considerably less than the existing ISR at 0.75 for the MHP
District and 0.65 for the R4 District. The subject site is 191,664 square feet in area and 500 feet
wide; however, there are no minimum lot area and width requirements for parks and recreation
facilities in the OSR zoning 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 proposed use of these properties is consistent with the Open SpacelRecreation zoning district
regulations.
SUMMARY AND RECOMMENDATIONS
An amendment of the Future Land Use Plan from Residential Urban (RU) and Residential Low
Medium (RIM) to Residential/Open Space (RIOS) and a rezoning from :MHP, Mobile.Home
Park (City) and R4, One, Two and Three Family Residential (County), to the OSR, Open
SpacelRecreation District for the subject site is requested to enable the City to develop the site as
a park. There are no minimum requirements for the proposed use of the property as a park and
recreation facility. The neighborhood is surrounded by single-family residential dwellings to the
south and west, a vehicle service station to the west, overnight accommodations to the north, a
retention pond to the south and east and the Bayside Bridge to the east. The proposed future land
use plan amendment and rezoning will be compatible with the immediate neighborhood, as it is
primarily residential.
.. The proposed Recreation/Open Space (RIOS) Future Land Use classification and OSR, Open
SpacelRecreation zoning district are consistent with both the. City and the Countywide
Comprehensive Plans, are compatible with the surrounding area, do not require nor affect the
provision of public services, are compatible with the natural environment and are consistent with
the development regulations of the City.
Staff Report _ Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 7
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The Planning Department recommends APPROVAL of the following actions on this applic.~tion:
1. Amend the Future Land Use Plan designation of 3035 Gulf to Bay Boulevard
from Residential Urban (RU) and Residential Low Medium (RLM) to
Recreation/Open Space (RIOS); and
2. Amend the Zoning District designation of 3035 Gulf to Bay Boulevard from
MHP, Mobile Home Park (City) and R4, One, Two, Three Family Residential
(County) to the OSR, Open SpacelRecreation District.
Prepared by Planning Department staff: 5tx.~
Marc A. ariano, Planner
Attachments
Application
Location Map
Aerial Photograph
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S;\Planning DepartmenflC D!NAnd Use AmendmentN.-UZ 200N.UZ2003-01001 City o/Clearwater 3035 Gulf to Bay BlvtN..UZ2003-
010013035 Gulf to Bay Blvd City o/Clearwater-Staff Report. doc
Staff Report - Community Development Board - January 21,2003 - Case LUZ2003-01001
Page 8
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i
ORDINANCE NO. 7116-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF GULF-TO-BAY BOULEVARD AND
MCMULLEN-BOOTH ROAD, CONSISTING OF (1) A PORTION
OF TRACT A, MYRON A. SMITH'S BAY VIEW SUBDIVISION IN
THE SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION OF
LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN OF SAY
VIEW, (3) THAT PORTION OF VACATED COUNTY ROAD 31 IN
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND
(4) A PORTION OF LOTS 1 AND 4 OF REVISED MAP OF
TOWN OF BAY VIEW, WHOSE POST OFFICE ADDRESS IS
3035 GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW
MEDIUM AND RESIDENTIAL URBAN TO RECREATION/OPEN
SPACE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use CateQorv
LUZ2003-01001
From: Residential Low Medium and
Residential Urban
To: Recreation/Open Space
See legal description attached hereto
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, 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.
Ordinance No. 7116-03
.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall- Ides
Assistant City Attorney
.
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7116-03
~tA "L~ccn - 0' '"' \
. '.
.
Landuse Legal for Bayview Park
Parcell:
A portion of Tract A, MYRON A. SMITH'S BA YVIEW SUBDIVISION, according to the
plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida,
in the South Yz of Fractional Section 16, Township 29 South, Range 16 East being further
described as follows:
Commence at the West t;. comer of said Fractional Section 16 and ~ t1:ience South
89027'56" East along the East and West centerline of said Section 16, for a distance of
401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to a point on the
aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22
feet to a point on curve; thence 100.68 feet along the arc of a curve,. concave Southerly
through a central angle of 00045'36", a radius of 7591.44 feet and a chord bearing of South
87005'12" East, 100.68 feet to a point of reverse curvature; thence 135.23 feet along the atc
of a curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16
feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037'12" West
(radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet;
thence North 02035'42" East (radial) for a distance of 5.00 feet; thence 10.53 feet along the
arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16
feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East,
274.45 feet; thence South 67029'13.5" West, 351.74 feet; thence North 21030'31" West,
191.95 feet; thence South 69034'59" West, 109.48 feet; thence North 21006'48" West, 281.80
feet to the POINT OF BEGINNING.
Parcel 2:
Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF BAY VIEW, according to the plat:
thereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part. Less and except that portion of the South 15
feet and the West 10 feet lying South of a line 330 feet South of and parallel to the East
West centerline of Section 16, Township 29 South, Range 16 East. .
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 East,
Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records
Book 9762, page 1872, Public Records of Pinellas County, Florida, more particularly
described a follows:
Commence at the Northwest comer of that certain tract of land described in Warranty Deed
recorded in Official Records Book 5879, page 1052, Public Records of Pinellas County,
Florida, said Northwest comer being 37.97 feet West of the Northeast comer of Tract C of
MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page 57,
Public Records of Pinellas County, Florida and being a point on the Southerly right of way
of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99
feet to the POINT OF BEGINNING; thence North 21046'25" West, 66.04 feet to a point
.
.
on the Northerly right of way of said County Road 31; thence along said Northerly right of
way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on
the Southerly right of way of said County Road 31; thence along said Southerly right of 'Way,
South 67029'05" West, 259.60 feet to the POINT OF BEGINNING.
Parcel 4:
That part of Lots 1 and 4 of Block 5 of REVISED MAP OF TOWN OF BAY VIEW,
according to the plat thereof recorded in Plat Book 6, page 23, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part, IF ANY, lying
Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page
57, Public records ofPinel1as County, Florida. Less and except the South 15 feet.
..
.
CAROLINA AVE
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RLM
INS
FUTURE LAND USE PLAN MAp.
-- -, --....".Owrier: . City of Clearwater Case: LUZ2003-01001
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
land Use Zoning 16/29/16/83106/000/01CXJ
. PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) &. MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
Ordinance NO. 7116-03
.
.
ORDINANCE NO. 7117-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF
GULF-TO-BAY BOULEVARD AND MCMULLEN-BOOTH
ROAD, CONSISTING OF (1) A PORTION OF TRACT A,
MYRON A. SMITH'S BAY VIEW SUBDIVISION IN THE
SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION
OF LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN
OF BAY VIEW. (3) THAT PORTION OF VACATED
COUNTY. ROAD 31 IN SECTION 16, TOWNSHIP 29
SOUTH. RANGE 16 EAST. AND (4) A PORTION OF LOTS
1 AND 4 OF REVISED MAP OF TOWN OF BAY VIEW,
WHOSE POST OFFICE ADDRESS IS 3035 GULF-TO-BAY
BOULEVARD. FROM MOBILE HOME PARK (MHP) AND
ONE. TWO AND THREE FAMILY RESIDENTIAL (R-4) TO
OPEN SPACE/RECREATION (OSIR); 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 Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Prooerty
Zoninq District
,
See legal description attached hereto
From: Mobile Home Park (MHP)
One, Two and Three Family
Residential (R-4)
To: Open SpacelRecreation(OS/R)
(LUZ2003-01 001)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7116-03, by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes.
PASSED ON FIRST READING
Ordinance No. 7117-03
1\'
.... ~.
.
PASSED ON SECOND AND FINAL
READING AND ADOPTED
.
Approved as to form:
Leslie K. Dougall- I es
Assistant City Attorney
"}
.
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7117-03
L.lA "L ~O~ - (" \. era l
..
.
Landuse Legal for Bayview Park
Pared 1:
A portion of Tract A, MYRON A. SMITH'S BAYVIEW SUBDIVISION, according to the
plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida,
in the South ~ of Fractional Section 16, Township 29 South, Range 16 East being further
described as follows:
Commence at the West 1,4 comer of said Fractional Section 16 and Pm thence South
89027'56" East along the East and West centerline of said Section 16, for a distance of
401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to a point on the
aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22
feet to a point on curve; thence 100.68 feet along the arc of a cui:ve, concave Southerly
through a central angle of 00045'36", a radius of 7591.44 feet and a chord bearing of South
87005'12" East, 100.68 feet to a. point of reverse curvature; thence 135.23 feet along the arc
of a curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16
feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037'12" West
(radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet;
thence North 02035'42" East (radial) fora distance of 5.00 feet; thence 10.53 feet along the
arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16
feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East,
.274.45 feet; thence South 67029'13.5" West, 351.74 feet; thence North 21030'31" West,
191.95 feet; thence South 69034'59" West, 109.48 feet; thence North 21006'4W' West, 281.80
feet to the POINT OF BEGINNING.
Parcel 2:
Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF BAY VIEW, according to the plat
thereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part. Less and except that portion of the South 15
feet and the West 10 feet lying South of a line 330 feet South of and parallel to the East
West centerline of Section 16, Township 29 South, Range 16 East.
Pared 3:
That portion of County Road 31 lying in Section 16, Township 19 South, Range 16 East,
Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records
Book 9762, page 1872, Public Records of Pinellas County, Florida, more particularly
described a follows:
Commence at the Northwest comer of that certain tract of land described in Warranty Deed
recorded in Official Records Book 5879, page 1052, Public Records of Pinellas County,
Florida, said Northwest corner being 37.97 feet West of the Northeast corner of Tract C of
MYRON A. SMITH'S BAYVIEW SUBDIVISION, as recorded in Plat Book 25, page 57,
Public Records of Pinellas County, Florida and being a point on the Southerly right of way
of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99
feet to the POINT OF BEGINNING; thence North 21046'25" West, 66.04 feet to a point
.
.
on the Northerly right of way of said County Road 31; thence along said Northerly right of
way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on
the Southerly right of way of said County Road 31; thence along said Southerly right of way,
South 67029'05" West, 259.60 feetto the POINT OF BEGINNING.
Parcel 4:
That part of Lots 1 and 4 of Block 5 of REVISED. MAP OF TOWN OF BAY VIEW,
according to the plat thereof recorded in Plat Book 6, page 23, Public Records of
Hillsborough County, Florida, of which Pinellas County was fonnerly a part, IF ANY, lying
Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page
57, Public records ofPinellas County, Florida. Less and except the South 15 feet.
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MHP
ZONING MAP
OWner: City of Clearwater
Case:
LUZ2003-01 001
Site: 3035 Gt:lf to Bay Boulevard
Property
Size(Acres):
4.40 Acres
Land Use
Zoning
16/29/16/83106/000/01OKJ
PIN: 16/29/16/83106/000/0211
16/29/16/53892/005/0030
To:
R/OS
R-4 (County) & MHPICity)
OSR
Atlas Page: 301A
From:
RLM/ RU
Ordinance No. 7117-03
. . )
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COLOR AERIAL MAP
_..':->,'--,.....,~"_."._-,-- Owner: City of Oeawater Case: . LUZ200J..O 1 00 1
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size[Acres):
Land Use Zoning 16129/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/DS DSR Atlas Page: 301A
. .
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LOCATION MAP
---,-'-,,-..-_.-, Owner: City of Clearwater Case: LUZ2oo3-01oo1
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
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EXISTING SURROUNDING USES
Owner: City of Clearwater Case: LUZ2003.-Q 100 1
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/GS OSR Atlas Page: 301A
-~-----~
Point of COfMJencement
W 1/4~:: kec. 18
FN&IY:l'" "-,.n ~ W.2T~:~..
Pin. Co. 40t.1W R&M
Surv.Oepl.
I hereby C9f1ily thallheloltowlno legal de6CfIptIon idequalely
deKflbet It1e P'opet1y as deptclod on this skeldl 01 lUrvey,
Pao\lell:
Apol\oOl'lollr~1l., "'YAOfI!A. 8U11H'S 8AY VIEW SUBUI\IISlOH,.o;oordln!JkllheplMItw,.o!
_dN " PIlot Booll.2&,p:lGa57, PubIloRKontaOf ,......~l\y.florld., lnlht;6oultl \l2g1
Fredort~5'eIofl 'I, T-*ip.l!t9o\.lh,Ranga lell'i:..bllntUltla'~..IoIIo...
eo.m..,......tlNw..! 114_...Of&alclFfac:~or-'~ 1'.Il""~lklU\J'I88'P.~''-
8loI'IJ U..EallIn(\W"'I..I'II~ofuld geatorl 16, IOf . dielent. 01 401,99 IHl; tMMt&oMl
oo.:tzo-t' w... klr.lIalal_of 110,0(,\1'" ~"""Olllhe IIknUICI Tftd A lInd tho I'()lNrQF
efGII'lNING;IlIll'lOllSouDl.a02T!lll'F.1I"-24:1nl'alkI.poiIrtOll~:IIl_'00,el""
.loo.lt1ellr'llofl~, OIIrlQflVe SnuIher~ I1rQu(Jh . cantlal angle 01 00'''''''', ..adua of
7~01,4. ch<lnlbl:>,..y,golSoo"th./"06'I...".I\I00,81IHlloliJlOlrltof,......
=- ~~~t~J:1.~!~2l=Ji~~J~'!!:-~
ell .th8-Nor1l\02':e'.2.h"(I'Mial)"'f'~oI!),OOIMl;~
l063leet ItlO .c;of. C1..... ~. NClItlltrJy ~~Il'eI"el angI. of 00'01'09'"
~~!~S:~'J~l_~~:=:~ =:1,~~r6!~~~.n'.~~II~~=:-2~1'
WBtl Ull.9SIut;lhIr-.Scush68.J4~rw..t.l0Iual.lll:......NGthI10Ol'....WItI.
211,eo 1M!. to... POINT OF DEQfllNlNQ.
P"C'elZ:
La. 2 encl3, 1IIcldI6, AEVlSEO MAP Of TOWN OF MY vttW. ~ \0 !hi PIlI*OClI
~~I~BaollI,P'OI2J.Pu'*"-'.G1~Olull)r.AorIda.oI~PhIM
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~~~~~~~~-==:=81811.....
~..ItItNor""'__dfWtanalnll'ld:of_landdMtwllocdJnW.""rDMd
_,*,...OIkMln..u..o.8uo*.q1V,~" 1Q5.2,F\bli:AKOld!IoI~II~.Floridl.IIld
.......... c.omer b.w.u17 87 r.M w... oIlha N~ _.....of TrMI C of tIYROH Il., SMlIH5
...'1'''I(WSU8UIVI6lOlol,..~lnPtl.t8oolo26.PJII1&1I1.Publit~otl'lotllaCO''''Y,
~~'Ur:t:~:':~~1:~;~"i~c;::r~,3~~=~ .
~21'''''25' WRI, 'U4lU1.lo.por.IOI)o..Noril4lflyllglllol~ llf.tIel CuuntyRotd":
::::~~DO~~:r~~~:;'~.~a:;Sa:-?4~~~~r,,_
*to..., ~ r9tl d..... 80uft 1102t'05. WNt. 2e8.~....1O lie FOlHT a: 8[~~
-.
n.r.....ollotll tnd40l eIoc::lIlof-AEVlSEOM"," OF TOWN OF BAY VlE.W, _d1ngtlllt.._~
e-.aI,ecarOod ~ Plat 8clDII', P/IiII n. Publ(! RICIOm. ollIllboro\.otJhCcu'ly. AcddI.-l?' wl1icll
=~.:'~;t::'~~':~~Y~~':;I~~r:.~~~.:
~1n~~2&.pafeIl1,PutlloRecarVlofpt........Counlr.f'Iorldt,
.'
Tolal1\lea 01 all Parcels. 4.405 acro.
~J'i-- - -.,
nr -
___ J4N212ijJll ! '
William K. Woo WOtth,~PSM
Prolosslonal Land Surveyor
RoglS1ored Llcenoe , 5258
6824 Crossbow Lan"
Now Port RIchey, FI. 34653
(727) 847-5848
_.__.._-_._--_._..._--_._~._~---~._----"
...:~~.....
J:!'t!c~I1!ElrJlnEl .$~c:U91J 19..___ _
FCIR'.
FI.O.O.T.
/~/ 10101(6)
ElIS8men1 ~nled 10 Florid. Fant Cotpof.lion lor .
lingle pole Irarwnll&lan linI eao.. TrBcl"A- 01 Myron Srnlltt'.
Hlyvlew Subdlvl.1on lof which PI/cell II II J)8rtl
U reoordIIdlnPial9ook25, PiIQ. 61,
"The easement .ree ehallexlend 3,a DO eld! side of !he
~Ji.8f Ine ollhe pow8f line.. - a.R. :149:2. Peg. 801
POlt:'J" of Tract A
My.on SmI1h'. BayViow Sub
(Retonl"n Pond)
-----
PLAT OF SURVEY
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Sec. 16, T\Np.29St Rn,g.
This survey wes prepared PUfSU(
title commilment File" 327418,
Cuslomer Relorencell17004 pit
by Harper. Kynes, GofIer. Watsol
Buford, P.A.
This survey 18 also certified IOf TII
Insurance Commitment' C.0201
Issued by Stewart TIUe Guaranty
ond dalod Juno 18,2002.
Easemenls shown on this
lurvey drawing refloct those repa
on said Iltle commitments. This.
may be subject to addlllonal
88sements, agreements or other
matlers of reCord not shown here
No Informatlon regardtng such
easements or agreemoms was
supplied oxcopt.. may be shOW!
Legal Description provided by cllE
described In aloresaid Tille Comn
File' 327418, Roleronce' 1700-
?5 . d111OOf1~ed ae,.,Q pol.
o ..........._poIo
,(;) .r.onc.a1ab(1yplcilQ
Une Bearing DIstance
3 82-3T12"W 6 ]01"1
.. 881-n34-E 5:01' "1M
5 N 2-35'otTE 5,00' RIM
. B22-3O'$5'"E Ie. fRHP.wI3)
Curve Ivc Aidw Chord Bnmg Chord [
CI 10.53' 11,501.18' 917-:!6'52"E 10.63'1
~
legond
Cenlerllne
Calculalod
Chain Unk Fence
Concrete
Cone. Slob
Elevation
Flnlah Ioor
Found capped Iron rod
Found iron rod
Found Iron pipe
Found cone. monument
Measured
National Geodetk:
Vortlcal Dlllum
Planed
Power polo
Rocord
Re8idence
Sol capped Iron rod
1/2" '5~95
C
ClF
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~ PINELLAS PLANNING COUNCIL
COUt'-lCIL MEMBERS
May 22, 2003
Mayor Robert H. DiNicola, Chm.
Mayor Robert Jackson, Ph.D., Vice Chm.
Mayor Frank DiDonato, D.C., Treas.
Commissioner Calvin D. Harris, Sec.
Vice-Mayor Pete Bengston
Mayor Jerry Beverland
Council member Sandra L. Bradbury
Mayor Tom De Cesare
Councilmember Bill Foster
School Board Member Jane Gallucci
Commissioner Bob Hackworth
Commissioner Hoyt Hamilton
Commissioner Nadine S. Nickeson
Mr. Art Kader, Director
Parks and Recreation Department
100 S. Myrtle Avenue
Clearwater, FL 33756
David P. Healey, AICP
Executive Director
Re: Case CW #03-39
Dear Mr. Kader:
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 June 10, 2003, in the above
referenced Illatter is available for your insp~ctioI}.
A copy of the Council's recommendation from its May 21, 2003 meeting to approve the
amendment is enclosed for your information and records.
If you have any questions, please call me.
Sincerely,
~-~
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.pinellas.fl.us/ppc
/ . .
,j
"
PINELLAS PLANNING COUNCIL
AGENDA MEMORANDUM
"- ....
I AGENDA ITEM: IV B-2. I : MEETING DATE: May 21,2003 I
SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map
From: Residential Low Medium and Residential Urban
To: Recreation/Open Space
Area: 4.40 acres
CASE #: CW03-39
JURISDICTION: City of Clearwater (LUZ2003-0100l)
LOCATION: South side of Gulf-to-Bay Boulevard, 300 feet east of Bayview Avenue
TYPE: Level I-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
Recreation/Open Space Be Approved Pursuant to the Official Acceptance Process.
_r____ --"- -FINDINGS - -,- -'- --. -- ---- - ------ -- - -- - -- -.---- - - -- --
L
Based on the background data and analysis in this report, the following [mdings 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.
B. In particular, this amendment qualifies as a "Levell - Type E" subthreshold amendment
because it is an amendment to Recreation/Open Space and is therefore eligible for
approval under the official acceptance process.
PINELLAS PLANNING COUNCIL ACTION:
The Council recommended approval of the amendment from Residential Low Medium and
Residential Urban to Recreation/Open Space. (Vote 11-0)
I COUNTYWIDE PLANNING AUTHORITY ACTION: I
1
F :11JSERS\WPDOCSILU\CASESI03 cases\MayIReportsICW03- 39 .clw .doc
l' " . " ~~.
j r~ PINELLAS PLANNING COUNCIL
@tOfta I ~trrL
jJCUJ
COUNCIL MEMBERS
FOR
Mayor Robert H. DiNicola, Chm.
Mayor Robert Jackson, Ph.D., Vice Chm.
Mayor Frank DiDonato, D.C., Treas.
Commissioner Calvin D.Harris, Sec.
Vice-Mayor Pete Bengston
Mayor Jerry Beverland
Council member Sandra L. Bradbury
Mayor Tom De Cesare
Councilmember Bill Foster
School Board Member Jane Gallucci
Commissioner Bob Hackworth
Commissioner Hoyt Hamilton
Commissioner Nadine S. Nickeson
May 2, 2003
IMPORTANT
NOTICE OF PUBLIC HEARING
AMENDMENTOFCOUNT~DEPLAN
David P. Healey, AICP
Executive Director
The Pinellas County Planning Council (PPC) and the Board of County Commissioners, in
their capacity as the Countywide Planning Authority (CPA), will conduct public hearings on
proposed land use plan amendments to the Countywide Future Land Use Plan (Countywide
Plan) for Pinellas County, pursuant to the Rules Concerning the Administration of the
Countywide Future Land Use Plan, As Amended (Plan Rules), as identified in the
accompanying copy of the Notice of Amendment.
Please refer to the case(s) and information pertinent thereto, including the date, time and
place of the public hearings, as set forth on the accompanying Notice of Amendment. The
. noted amendment(s) include property: R EC E, VE D
V within the jurisdiction of your local government;
MAY 06 700',
o which may be of interest to your local government; PLANNING DEPARTMENT
. ."". ". "." ". . CITY OF Cf EAJ;?W4Tt:J:>
o for which you have been IdentIfied as the owner/representatIve of recora asreletetl~lm
the attached legal notice.
Alsoinc1uded-foryour information. are the PPC submission and public hearirtg procedures.
Please note, in particular, that any written materials to be considered at public hearing should
be submitted not later than seven (7) days prior to the date of public hearing.
Please contact us at the address or telephone number listed below with any questions.
600 CLEVELAND STREET, SUITE 850 . CLEARWATER, FLORIDA 33755-4160
TELEPHONE (727) 464-8250 . FAX (727) 464-8212
www.co.pinellas.fl.us/ppc
· REC~IVED
. .
.
. \~ CfJA(/1to
· . MAY 06 2003
~. . NG DEPA~if OF AMENDMENT OF COUNTYWIDE FUTURE LAND USE PLAN
PLANNI WATER .
CITY OF CWfjjnenas Planning Council (PPC) and the Board of County Commissioners, in their
capacity as the Countywide Planning Authority (CPA), will conduct public hearings on
proposeq land use plan amendments to the Countywide Future Land Use Plan
. (Countywide Plan) for Pinellas County, pursuant to the Rules Concernino the
Administration of the Countywide FutureLand Use Plan. As Amended (Plan Rules), as set
forth below.
The PPC public hearing will be held on Wednesday, Mav 21, 2003. at 9:30 A.M. in the
Board of County Commissioners Assembly Room, 5th Floor, Pinellas County Courthouse,
315 Court Street, Clearwater, Florida.
The CPApuhlic hearingwHlbe held onTuesday, June1B, 2003.at9:30ANLin the Board
of County Commissioners Assembly Room, 5th Floor, Pinellas County Courthouse, 315
Court Street, Clearwater, Florida.
The PPC will make a recommendation to the CPA on proposed amendments to the
Countywide Plan, or to other plan categories as determined appropriate, submitted by the
cities of Clearwater, Largo, Oldsmar, and Pinellas Park, in accordance with Chapter 88-
464, Laws of Florida, as amended and the Plan Rules.
Any amendment that qualifies as a subthreshold amendment will be considered under the
official acceptance process and will be approved by the PPC and CPA as subthreshold,
unless by majority vote of either board, it is removed from the subthreshold portion of the
agenda and continued for consideration as a regular amendment at a later date. Any
member of the public or interested person may be heard at the public hearings with respect
to a request to remove a subthreshold amendment for continuation and consideration at a
later date.
The proposed plan amendments are listed as follows:
Jurisdiction Approximate
(PPC Case No.) Proposed Amendment Acreaqe Subiect Propertv
1) Pinellas Park From: Residential Urban 0.26 South side of 70th Ave. N.,
#CW03-38 To: Commercial General 115 ft. west of 66th St. N.
2) Clearwater From: Residential Low Medium 4.40 South side of Gulf-to-Bay
#CvV03-39 and Residential Urban Blvd., 300 ft. east of Bayview
To: Recreation/Open Space Ave.
3} Oldsmar From: Residential Urban 0.76 North side of Clarenaon St.,
#CW03-40 To: Commercial General east side of Mystic St.
4) Oldsmar From: Residential Estate 0.35 North side of Berkley St.,
#CW03-41 To: Residential Urban east side of Blandon Rd.
5) Largo From: Residential Low 5.73 North and south of
#CW03-42 To: Commercial General Si/vercrest Dr., generally 90
ft. east of Seminole Blvd.
and 120 ft. north of Ulmerton
Rd.
.
.
)
The details of the proposed amendments are available at the office of the PPC, 600
Cleveland St., Ste. 850, Clearwater, Florida, 33755; further information about the proposed
amendments can be obtained by calling (727) 464-8250. Interested parties are invited to
attend the hearings to present facts or express views on the cases shown in this
advertisement.
The public is hereby advised that the effect of any proposed amendment may significantly
impact the type and intensity of use of the subject property and be of interest to
neighboring property owners. The PPC will make an advisory recommendation to the CPA
for approval, approval with modification or conditions, denial, denial with alternative
recommendations, or continuance of the items. The recommendation by the PPC and the
action of the CPA may amend the Countywide Plan from the existing plan category to the
proposed plan category as referenced above for the amendment, or to another plan
category as may be determined appropriate based on the public hearings and consistent
with the Countywide Plan, Plan Rules and procedures related thereto.
If a person substantially affected decides to request an administrative hearing based
on a decision to deny the requestat any of these hearings, they will need a record of
the proceedings and, for such purpose, may need to ensure that a verbatim record
ofthe proceedings is made, which record includes the testimony and evidence upon
which the petition for the hearing is to be based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Within two (2) working days of your receipt ofthis notice, please
contact the Office of Human Rights, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL
33756. (727) 464-4062 (V/TDD).
J
.
PINELLAS
PLANNING
COUNCIL
KEYSTONE RD
4
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COUR1>IEY C......PBELL C5'NY
CW 03-39
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OPENTNG PROCEDURES
Explanation of Hearing Process - Clair
Swearing In - Reporter
STAFPPRR~"TATION
10 minutes max.
PAC CO~ - A.';; NEr.F.SSARY
5 minutes maL
AF'PUGf"",W-bOOAL-C'~V'~,~ ..-
10 minutes max.
PROPO~ - PRESENTA TIONSIINOTJIRIF.S
Applicant Property Ov.rner - 10 minutes max.
.PubIic_-..Desig..Repres. -1O~-
,...Jndividual _- 3.minutes-max;
=-. =~....:-=-.=::....+ = :.. ~-=- ==--==-=-=-=:
~._--- --:-:::::;:-.--- ---:--- ::-=----:-----:~.
OPPO~ - PRESENT A TIONSIINOUIR YES
Subject Property Ownet- 10 minUtes max.
Public - Desig. Rep. - 10 minutes max.
. - Individual - 3 minutes Diax.
OTHRR U I IZH/'I1S - COMMFNTI/OUE.crrrONS
(Other Than Proponents/Opponents)
3 minnt...s max.
RERUTfAl. BY APPI.JCA..NT
- -I:ocaI GoVe:mmecf- S mmntps max.
Applicant Property Owner - 5 minutes max.
sr AFF RRC;PONSEISTTMM A.RY
5 minutes maL
COUNCIL QUESTIONS
CLOSE PtJBUC HEARING
~~~i~i!ii*!I;i~:~;~;iii~~i~!iii!j~;jii!ii!!:!!i~Ii!ii~~i~ii!:.!.!Ii:!~_.I;I_SIiii!~!j!~~::~!!l~)!;iIi;;!i;iIJ;ijilii!iIi;I!!!!j~;!;jiiM;~~i;~;
LTSERS\VrPDOCS\ADMIN\PUBEEARI.CHT
.
.
..
PUBLIC HEARING PROCEDURES
Public Hearings before the Pinellas Planning C~uncil are governed by Pinellas
Planning Council Resolution No. 96-2 which is outlined on the reverse side.
Because this process encoUrages and provides for testimony to be submitted in
writing in ~dvance of the hearing, the following guidelines are expected to be
sufficient to accommodate efficient presentations:
.
'- '
The applicant should complete their presentation in ten (10) minutes:
.
, Persons who have been authorized to represent an organization or group
-O-i-fiv-e-{5}-or-m.or-e.cpersons---sho~limi.L.their_pres_en:tation=tQ=t_en~l.o)
- --mmutes.'-It IS expectea-mar omers'in the otga:niZanon or group=wtlt-waive
their time;
.
All other persons may speak. up to a total of three (3) minutes each.
The Planning Council procedure provides that, at the conclusion of each of the
respective presentations by staff, PAC, applicant local government, proponents,
opponents and other citizens, an affected party may seek the Chair's pe~ssion to
ask questions or seek clarification from the respective presenter.
The applicants rebuttal shall only address testimony subsequent to their
presentation. Only points of law or fact will be entertained by the Chair following
rebuttal.
P~ease see reverse side for order of presentation.
/' "
, t P.ALAS PLANNING CO~1
;EIVED
AGENDA MEMORAND
\... M .Y 2 0 2003
~
I AGENDA ITEM: IV B-2. I I _ING DEI"ARTMCNT I
MEETING t>~RWmER
SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map
From: Residential Low Medium and Residential Urban
To: Recreation/Open Space
Area: 4.40 acres
CASE #: CW03-39
JURISDICTION: City of Clearwater (LUZ2003-0 1 00 1)
LOCATION: South side of Gulf-to-Bay Boulevard, 300 feet east ofBayview Avenue
TYPE: Level I-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
Recreation/Open Space 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 I subthreshold
amendments of the Countywide Plan Map.
B. In particular, this amendment qualifies as a "Levell - Type E" subthreshold amendment
because it is an amendment to Recreation/Open Space and is therefore eligible for
approval under the official acceptance process.
- ~ --_.. -.. ,
PINELLAS PLANNING COUNCIL ACTION:
COUNTYWIDE PLANNING AUTHORITY ACTION:
1
F :\USERS\ WPDOCSILUlCASES\03 caseslMaylReponsICW03-39.clw.doc
..
,
SUBJECT: Case #CW03;.J9 - Clearwater
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 the City of Clearwater to the Council for Official Acceptance
in accordance with the Countywide Rules.
Parcel ID#:
16/29/16/83106/000/0100
16/29/16/83106/000/0211
16/29/16/53892/005/0030
Existing Use:
Vacant (former mobile home park)
Proposed Use:
Public Park
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 and Preservation plan
categories, without limitation. .
Subthreshold Amendment Review Policy
It is the policy of the Council, consistent with the purpose, procedure and threshold determimints 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 April 17, 2003, the City Commission of the City of Clearwater, 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 subthreshold amendments unless there
was an issue which they desired to bring to the attention of the Council. (See draft PAC minutes,
Attachment 3.)
2
SUBJECT: Case #CW03-39 --Clearwater
IlL LIST OF MAPS & ATTACHMENTS
Map 1
Map 2
Map 3
Map 4
Attachment I
Attachment 2
Attachment 3
Location
Countywide Plan Category & Jurisdictional Map - Black & White
Aerial - Black & White
Countywide Plan Category - Color
PPC Disclosure of Interest Form
Local Government Transmittal Package
Draft PAC Minutes
3
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'. :.,">,-
PASCO COUNTY
.
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MAP 1
CASE NO. CW03-39
~
~
PINELLAS PLANNING COUNCIL
GRAPHICS PREPARED BY THE OFFICE OF THE PINELLAS COUNTY PROPERTY APPRAISER. JIM SMITH
Produced by MEDIT V2.1, Copyright 1991.1992 Pinellas County, Florida Property Appraiser, All Rights Reserved,
WATER
, ,
- - - - - - - - - - - - - - - - - - - - - - - - - -,
r-------------------___________
,
WATER
MAP 2
PROPOSED AMENDMENT CASE NO. CW03-39
FROM: Residential Low Medium (RLM) TO: Recreation/Open Space (R/OS)
Residential Urban (RU)
CITY 0 F CLEARWATER
ACREAGE: 4.40
~
SCALE: 1" = 400'
~
PINELLAS PLANNING COUNCIL
GRAPHICS PREPARED BY THE OFFICE OF PINELLAS COUNTY PROPERTY APPRAISER. JIM SMITH
GRAPHICS CREATED USING MEDIT VERSION 2.1 @
CASE NO. CW03-39
MAP 3
o
200
FEET
400
<t.,.
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FROM: TO:
RLM I"<~ RIDS '
RESIDENTIAL LOW MEDIUM 'c',.c'; '"" RtCREATION/OPEN SPACE
IIRU
I.-...J RESIDENTIAL URBAN
ACREAGE: 4.40
COMMERCIAL
COMMERCIAL
NEIGHBORHOOD
CONldERCIAL
UMlTED
. COMMERCIAL
RECREATION
. COMMERCIAL
GENERAL
INDUSTRIAL
[2]' ..-..
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(<:._~:u' -:._.:~ ',,)~;! UYITED
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[
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PUBUC!SEMI-PUBUC
SPECIAL DESIGNATION
I~ WATER!
~~, ~~tiE
~ SCENIC!
NON-COIdldERCIAL
CORRIDOR
W}j ACTI\1TY CENTER!
PRIldARY
SECONDARY
PRESERVATION
RECREATION!
OPEN SPACE
INsrITUTlONAL
~,-, :.'.' '. " " " TRANSPORTATION!
~ UTIIJTY
COMMUNITY
REDEVELOPMENT
DISTRICT
CENTRAL
BUSINESS
, DISI'RlCT
[
MAP 4
CASE NO. CW03-39
J
J
PINELLAS PLANNING COUNCIL
GRAPHICS PREPARED BY THE OFFICE or THE
PINEIllS COUl\"TY PROPERTY APPRAISER. nM SW'l'H
GR~HICS PREPARED USHolG MEDIT ttR$10K 2.1 0
.
.
Attachment 1
DISCLOSURE OF INTEREST STATEMENT
PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER *
SUBMITTING GOVERNMENT ENTITY:
CITY OF CLEARWATER
PPC OR CITYffOWN CASE NUMBER:
LUZ2003-01001
PROPERTY OWNERSIREPRESENT ATNE:
OWNERS: CITY OF CLEARWATER
REPRESENTATNE: ART KADER
DIRECTOR OF PARKS AND RECREATION DEPT.
CITY OF CLEARWATER
100 S. MYRTLE AVENUE
CLEARWATER, FL 33756
727-562-4800
ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY:
Interests:
N/A
Contingent:
Absolute:
Name:
Specific Interest Held:
INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF
SO: N/A
Contract is:
Contingent
Absolute
All Parties To Contract:
Name:
INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT
PROPERTY, IF SO: N/A
All Parties To Option:
_::__:::~. ---'-:::Nlliile:
Name:
ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT
PERTAINING TO REQUESTED PLAN AMENDMENT:
* NUMBER TO BE ASSIGNED BY PLANNING COUNCIL STAFF
.
.
Attachment 2
.1~~_
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.~;'ATER (....~~
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CITY OF CLEARWATER
loNG RANGE PlANNING
DEVELOPMENT REvIEw
PlANNING DEPARTMENT
POST OFFICE Box 4748, ClEARWATER, FWRlDA 33758-4748
MUl\'lCIPAL SERVICES BUilDING, 100 Soum MYRTI.E AVE~'UE, CLEARWATER, FWRlDA 33756
TELEPHOl'.'E (127) 562-4567 FAX (127) 562-4576
April 22, 2003
Received
APR 2 3 2003
Pinellas Planning
Council
Mr. David P. Healey, AICP
Executive Director
Pinellas Planning Council
600 Cleveland Street, Suite 850
Clearwater, FL 33755-4160
RE: LUZ2003-01001 - Application to Amend the Countywide Future Land Use Plan
Dear. Mr. Healey:
The City of Cleanvater requests an amendment to the Countywide Future Land Use Plan
for 4.40 acres ofland located 3035 Gulf to Bay Boulevard from Residential Low Medium
(RLM) and Residential Urban (RU) to Recreation/Open Space (RiDS). This amendment
was passed on first reading at the April 17, 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.
Sincerely,
AJM~
Marc A. Mariano
Planner
BR1ANJ. AUI\GST, MAYOR-COMJ'USSJOKER
s: \Planning ~J;JPIJ.m1nXI5'iJMyg~fB$~~~~J'rlliMnts\L UZ 2003 \L UZl003-0 J 00 J ciWtlfC.9~HJh~"b- Yo'j~~~b~ay BlvdlPPC
1t6Yf tiA~llLTON~ COM,~USf'!f!rlHf,itlal ltr LUZ2003(!JjOJ 3035 Gulf to Bay.JMtLJONSON, Cml~llSSIONER
"EQUAL EMPWYMEt--T A.~D AFFIRMATIVE ACTION EMPW)'ER"
. .
APPLICA TION FOR COUNTYWIDE FUTURE LAND USE 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 MaD Amendment Information
1. Current Countywide FLUP Designation
2. Proposed Countywide FLUP Designation
ll. Local Plan Map Amendment Information
RLM& RU
RlOS
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)
LUZ2003-01001
RLM & RU
MHP & R-4 (COUNTY)
RlOS
OSR
ill. Site DescriDtion
1. Parcel number(s) ofarea(s) proposed to be amended
16/29/16/83106/000/0100: 16/29/16/83106/000/0211
16/29/16/53892/005/0030
2. Acreage
4.40
3035 GULF TO BAY BLVD
3. Location
5. Existing density
VACANT
10 UNITS/ACRE & 7.5 UNITS/ACRE
(42 TOTAL UNITS)
4. Existing use
6. Name of project (if applicable)
CITY OF CLEARWATER
~
IV. Verification of Local Action
1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map;
andlor 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.
-_.~--.--~--.~. Disclosure of Interest Statement with names and addresses of the application!
representative and property owner. ..
x
x
3. Proposed local ordinance number and status.
4. Staffreport 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.
x
8. Map clearly indicating amendment location.
x
X
X
X
X
X
9. Plan Amendment Application.
A
.
.
CDB Meeting Date: ?\1arch 18.2003
Case Number: LUZ2003-01001
Agenda Item No. C-4
CITY OF CLEARWATER
PLANNrnNGDEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
City of Clearwater
REPRESENTATIVE:
Art Kader, Assistant Director, Parks and Recreation
Department
LOCATION:
3035 Gulf to Bay Boulevard, located at the southwest
corner of the Gulf to Bay-McMullen Booth intersection.
REQUEST:
To amend the Comprehensive Plan's Future Land Use Map
from Residential Low Medium (RIM) (County) and
Residential Urban (RU) to the RecreationalfOpen Space
(RIOS) category; and
To rezone from the R-4, One, Two and Three Family
Residential (County) and MHP, Mobile Home Park (City)
Districts to the OSR, Open SpacelRecreation District.
SITE INFORMATION
PROPERTY SIZE:
191,664 square feet or 4.4 acres
DIMENSIONS OF PROPERTY: 470 feet wide by 400 feet deep m.o.I.
PROPERTY USE:
Current Use:
. . Proposed Use:
Vacant
Park
PLAN CA TEqORY:
Current Category:
Proposed Category:
Residential Low Medium (RLM) (County) & Residential
Urban (R U)
Recreation/Open Space (RIOS)
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 1
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ZONING DISTRICT:
Current District:
Proposed District:
R-4, One, Two and Three Family Residential (County) and
MHP, Mobile Home Park (City)
OSR, Open Space/Recreation District
EXISTING
SURROUNDING USES:
North: Office & Overnight Accommodation
South: Single-family residential & Retention Pond -
East: Retention Pond & Bayside Bridge
West: Single-family residential & Vehicle service station
ANALYSIS:
Introduction:
This Future Land Use Plan amendment and rezoning application involves three (3) vacant parcels
of land, approximately 4.4 acres in area. The subject site has Future Land Use Plan designations
of Residential Low Medium (RLM) (County) and Residential Urban (RU) and zoning
classifications of R-4, One, Two and Three Family Residential (County) and MHP, Mobile
Home Park (City). In 1999, The Laura Nall Connolly Trust submitted an application, which
involved the properties associated with this current case, for annexation (ANX 99-14) and future
land use plan and zoning amendment (LUZ 99-001) to change the future land use to
Residential/Office General (RIOG) and the zoning to the 0, Office District. The annexation
portion of the request was approved, while the future land use plan and zoning amendment
request was denied. As a result of this denial, the land was annexed into City jurisdiction, but the
future land use plan category and zoning districts remained unchanged.
The Laura Nall Connolly Tru~t filed a lawsuit against the City of Clearwater as a result of the
denied future land use plan and zoning amendment request. The proposed future land use plan
and zoning amendment are part of the stipulation invoked by the June 21, 2002 Circuit Court
decision involving this case. The City of Clearwater purchased the property as part of an
agreement with the Florida Community Trust, Pinellas County and the Trust for Public Land to
preserve the site as a city park. The city is submitting this application to amend the future land
use plan categories to Recreation/Open Space (RIOS) and the zoning districts to OSR, Open
Space/Recreation.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Blanning Authority. Based on the size of the plan amendment request, review and
approval by Florida Department of Community Affairs is not required.
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 2
-~.
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I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.l &
4-603.F.l]
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
3.0 Goal- A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
24.4 Objective - Preserve natural open space areas which constitute aesthetic and/or ecological
community assets.
24.4.3 Policy - Continue to designate appropriate land "Preservation" and "Recreation/Open
Space" in the Future Land Use Plan whenever feasible.
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objective~ or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
The purpose of the proposed Recreation/Open Space (RI0S) category as specified in Section
2.3.3.7.2 of the Countywide Rules is to designate areas County that are now used, or appropriate
to be used, for open space and/or recreational purposes and to recognize the significance of
providing open space and recreational areas as part of the overall land use plan. The
Recreation/Open Space (RiOS) category is generally appropriate to public and private open
spaces and recreational facilities throughout the County. The areas should recognize the natural
and man-made conditions which contribute to the active and passive open space character of
such locations. The primary .uses associated with the RIDS category are PubliclPrivate Open
Space; PubliclPrivate Park; Public Recreation Facility; Public Beach/Water Access and Golf
Course/Clubhouse uses.
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
III. COMPATmILITY WITH SURROUNDING PROPERTY/ CHARACTER OF THE
. CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
Gulf to Bay Boulevard Corridor
Gulf to Bay Boulevard is a six lane divided roadway with frequent traffic signals. The Gulf to
Bay corridor in this area between U.S. 19 North and McMullen Booth Avenue is characterized by
a variety of development including commercial, overnight accommodation, transportation/utility,
institutional, office and residential uses. The Countywide Future Land Use Plan has designated
land in this area on the south side of Gulf to Bay Boulevard Commercial General, Transportation
. Utility, Institutional, Residential/Office General, Residential Medium, Residential High,
Residential Urban, and Residential Low Medium. The area on the north side of Gulf to Bay
Staff Report - Community Development Board -January 21, 2003 - Case LUZ2003-0 100 1
Page 3
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Boulevard has been designated Commercial General, Recreation/Open Space and Residential
Low Medium.
Immediate Surrounding Area
The Future Land Use Plan (FLUP) categories for the immediate surrounding areas to the west are
Residential Urban (RU) and Commercial General (CG). The Residential Urban (RU) category
also borders the site to the south. The properties to the north of the subject site have a
Commercial General (CG) designation, while the property to the west is designated
TransportationlUtility {TIU).
The existing surrounding uses include single-family residential dwellings to the south and west,
as well as a vehicle service station to the west. A retention pond and the Bayside Bridge are
located to the east of the property and overnight accommodations and an office structure occupy
the properties to the north.
The proposed land use plan amendment is compatible with surrounding uses due the recreational
character of the use.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Sections 4-602.F.5. & 4-603.F.5]
As stated earlier, the subject site is approximately 4.4 acres in area and is presently a vacant
parcel of land. Based on a maximum permitted density of 7.5 dwelling units per acre in the
Residential Urban (RU) category and a maximum permitted density of 10.0 dwelling units per
acre in the Residential Low Medium (RIM) category, 33 dwelling units could be constructed on
this site. The maximum development potential in the Residential/Open Space (RI0S) category is
a FAR of 0.25, which would permit the development of a 47,044 square foot building on the site.
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed Future Land Use Plan categories and are included in the next table.
..^.......,....."-..
. .","".;': '~':"'A-~':;: .->:.~ .;.: ;. :,~:-, :>;,,:..:->
.. ,UGtiif.t6B~Z:Bi#a{;B~tii~~ri'US:19~j~alB~':'~h6f~:iji~a;'c'',"':
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri S3
Volume of GTB Blvd from US 19 N to Ba shore Blvd
LOS of Memorial Causewa from Drew Street to SR 60
NI A = Not Applicable LOS = Level-of-Service '
1 = Based on PPC calculations of 70 trips per acre per day for the Residential Urban and the 63 trips per day per acre for the Residential Low Medium
Future Land Use Plan Category. 2 = Based on PPC calculations of 4 trips per acre per day for the Residential/Open Space Future Land Use Plan
Category. 3 = City Calculation of 12.5%
Source: "The Rules" 0 the Count wide Future Land Use Plan
'!.;ii'tfutteht'
1'sltij~fi~ij
N/A
N/A
55,190
F
ti~ :,j.~~~li:i: :~t~&~ed'
298 17
37 2
55,488 55.207
F F
The 2002 TransportationLevel of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Gulf to Bay Boulevard section between US 19 North and
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 4
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.
Bayshore Boulevard a level of service (LOS) F. The traffic generation for the proposed
Recreation/Open Space (RIOS) category is less than the current Residential Urban (RU) and
Residential Low Medium (RLM); therefore, no negative impacts are anticipated to surrounding
roadways. In addition, ingress and egress for the site will be located on the CR 31 right-of-way,
as opposed to the Gulf to Boulevard right-of-way.
Specific uses in the current and proposed zoning districts have also been analyzed for the amount
of vehicle trips that could be generated based on the Institute of Transportation Engineer's
Manual.
,~,:~fl~Hii:l~3~iD~~ .' 'Net
ExiSting";Proposed"
,:~~g:~~~,;...t.,\~~~Z~~]~'
Existing Zoning
..c.,- _:--,'_'.-'-.'.C
,'" 0,!:,(i~N1,;;'>':;c>iN~f'
. .., "J:htf~~~6f
::~t\~~~~,~ .
~!l1~. :~~?r~~~
0.6 Acresl
4d.u.
38
N/A
31
4
3
3.8 acres!
38 d.u.
182
N/A
175
22
21
Total Traffic Generated
from Site Area
4.4 Acres
220
N/A
206
26
24
City Park 4.4 acres
(1.59 trips per acre)
NI A - Not Applicable
Source: rrE Tri Generation Manual, 6th Ed, 1997
7
N/A
N/A'
Based on the ITE Trip Generation Manual a Mobile Home Park would result in an increase in
traffic generation. As the proposed use that will occupy this site is a city park, traffic generation
is anticipated to be at a much lower rate. Due to the location of this site, access and egress areas
will be located in the CR 31 right-of-way. The transportation impacts associated with the
proposed land use plan amendment and rezoning will be minimal and the LOS for Gulf to Bay
Boulevard will not be degraded,
Mass Transit
The Citywide illS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located along an existing
transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit
Authority (pST A) bus service is available along Gulf to Bay Boulevard.
Staff Report _ Community Development Board - January 21, 2003 - Case LUZ2003-01001
Page 5
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e
Water
The current zoning district could demand approximately 8,250 gallons per day. Under the
proposed zoning district, water demand could approach approximately 4,704 gallons per day if
developed to the site's maximum potential as a 47,044 square foot building. However, as the
proposed use for the site is a passive park, demand on the City's current LOS for water will be
considerably less.
Wastewater
The current zoning district could demand approximately 6,600 gallons of wastewater per day.
Under the proposed zoning district, sewer demand could approach approximately 3,763 gallons
per day if developed to the site's maximum potential as a 47,044 square foot building. However,
as the proposed use for the site is a passive park, demand on the City's current LOS for
wastewater will be considerably less.
Solid Waste
The current zoning district could result in 83 tons of solid waste per year. As no category has
been established for parks and recreation facilities, the parking structure category, at 0.3 pounds
per square footage of building per year, was used to calculate the amount of solid waste that
could be generated by the site. Under the proposed zoning district, solid waste demand could
approach approximately 7 pounds per year if developed to the site's maximum potential as a
47,044 square foot building. However, as the proposed use for the site is a passive park, demand
on the City's current LOS for solid waste will be considerably less.
Recreation and Open Space
The proposed land use plan amendment and rezoning will positively impact the LOS of
recreational acreage or facilities, as the proposed use of the property is recreation space.
v. IMPACTON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Prior to development of the subject property, site plan approval will be required. At that time, the
stonnwater management system will be required to meet all City and Southwest Florida Water
Management District (SWFWMD) stormwater management criteria. Water quantity and quality
will be controlled in compliance with the Clearwater Comprehensive Plan.
As the proposed development of the site is a passive park that will preserve much of the natural
... landscaping, the impact on the environment will be minimal.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
~.~ .
The district boundaries are appropriately drawn with regard to location and classifications of
streets, ownership lines and existing development and improvements. The location of the
proposed Open Space/Recreation boundaries are logical and the site will complement the
existing LMDR District and R4 (County) Classifications to the west and south and will provide a
logical buffer between these properties and the Bayside Bridge to east and Gulf to Bay Boulevard
Staff Report - Community Development Board - January 21, 2003 - Case LUZ2003-01001
.1\.
Page 6
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to the north. Commercial, Institutional and Open SpacelRecreation zoning districts generally
front on Gulf to Bay Boulevard between US 19 North and the Courtney Campbell Causeway.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602.F.I. and .2.]
The proposed OSR, Open SpacelRecreation District permits a FAR of 0.25 and the existing
MHP, Mobile Home Park and R4, One, Two and Three Family Residential (County) D~stricts
permits a slightly more intensive FAR of 0.50 and 0.40, respectively. The 0.60 ISR of the
proposed OSR zoning district is considerably less than the existing ISR at 0.75 for the MHP
District and 0.65 for the R4 District. The subject site is 191,664 square feet in area and 500 feet
wide; however, there are no minimum lot area and width requirements for parks and recreation
facilities in the OSR zoning 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 proposed use of these properties is consistent with the Open SpacelRecreation zoning district
regulations.
SUMMARY AND RECOl\flvlENDA TIONS
An amendment of the Future Land Use Plan from Residential Urban (RU) and Residential Low
Medium (RIM) to Residential/Open Space (RIOS) and a rezoning from MHP, Mobile Home
Park (City) and R4, One, Two and Three Family Residential (County), to the OSR, Open
SpacelRecreation District for the subject site is requested to enable the City to develop the site as
a park. There are no minimum requirements for the proposed use of the property as a park and
recreation facility. The neighborhood is surrounded by single-family residential dwellings to the
south and west, a vehicle service station to the west, overnight accommodations to the north, a
retention pond to the south and east and the Bayside Bridge to the east. The proposed future land
use plan amendment and rezoning will be compatible with the immediate neighborhood, as it is
primarily residential.
nTh~ proposed Recreation/Open Space (RIOS) Future Land Use classification and OSR, Open
SpacelRecreation zoning district are consistent with both the. City and the Countywide
Comprehensive Plans, are compatible with the surrounding area, do not require nor affect the
provision of public services, are compatible with the natural environment and are consistent with
the development regulations of the City.
Staff Report - Community Development Board - January 21. 2003 - Case LUZ2003-0 1 00 1
Page 7
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.
The Planning Department recommends AFPROV AL of the following actions on this application:
1. Amend the Future Land Use Plan designation of 3035 Gulf to Bay Boulevard
from Residential Urban (RU) and Residential Low Medium (RLM) to
Recreation/Open Space (RI0S); and
2. Amend the Zoning District designation of 3035 Gulf to Bay Boulevard from
MHP, Mobile Home Park (City) and R4, One, Two, Three Family Residential
(County) to the OSR, Open SpacelRecreation District.
Prepared by Planning Department staff: ~~
Marc A. ariano, Planner
Attachments
Application
Location Map
Aerial Photograph
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:\Planning DepartmenflC D /NAnd Use Amendments\LUZ 200:!\LUZ2003-01001 City o/Clearwater 3035 Gulf to Bay BlwN.,UZ2003-
01001 3035 Gulf to Bay Blvd City of Clearwater-Staff Report.doc .
Staff Report - Community Development Board - January 21.2003 - Case LUZ2003-01001
Page 8
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't
ORDINANCE NO. 7116-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF GULF-TO-BAY BOULEVARD AND
MCMULLEN-BOOTH ROAD, CONSISTING OF (1) A PORTION
OF TRACT A, MYRON A. SMITH'S BAY VIEW SUBDIVISION IN
THE SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION OF
LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN OF BAY
VIEW, (3) THAT PORTION OF VACATED COUNTY ROAD 31 IN
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND
(4) A PORTION OF LOTS 1 AND 4 OF REVISED MAP OF
TOWN OF BAY VIEW, WHOSE POST OFFICE ADDRESS IS
3035 GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW
MEDIUM AND RESIDENTIAL URBAN TO RECREATION/OPEN
SPACE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use Cateaorv
See legal description attached hereto
From: Residential Low Medium and
Residential Urban
To: Recreation/Open Space
LUZ2003-01001
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, 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 Pine lias County Planning Council an
. . application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
Ordinance No. 7116-03
.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall- Ides
Assistant City Attorney
e
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7116-03
w '- ~(}(r.'i1; · .'f" \
..
Landuse Legal for Bayview Park
Parcell:
A portion of Tract A, MYRON A. SMITH'S BA YVIEW SUBDIVISION, according to the
plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida,
in the South % of Fractional Section 16, Township 29 South, Range 16 East being further
described as follows:
Commence at the West ~ comer of said Fractional Section 16 and Pm thence South
89027'56" East along the East and West centerline of said Section 16, for a distance of
401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to a point on the
aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22
feet to a point on curve; thence 100.68 feet along the arc of a curve," concave Southerly
through a central angle of 00045'36", a radius of 7591.44 feet and a chord bearing of South
87005'12" East, 100.68 feet to a point of reverse curvature; thence 135.23 feet along the arc
of a curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16
feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037'12" West
(radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet;
thence North 02035'42" East (radial) for a distance of 5.00 feet; thence 10.53 feet along the
arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16
feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East,
"274.45 feet; thence South 67029'13.5" West, 351.74 feet; thence North 21030'31" West,
191.95 feet; thence South 69034'59" West, 109.48 feet; thence North 21006'48" West, 281.80
feet to the POINT OF BEGINNING.
Parcel 2:
Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF BAY VIEW, according to the plat:
thereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida,
of which Pinellas County was fonnerly a part. Less and except that portion of the South 15
feet and the West 10 feet lying South of a line 330 feet South of and pariillel to the East
West centerline of Section 16, Township 29 South, Range 16 East. "
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 East,
Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records
Book 9762, page 1872, Public Records of Pinellas County, Florida, more particularly
described a follows:
Commence at the Northwest comer of that certain tract ofland described in Warranty Deed
recorded in Official Records Book 5879, page 1052, Public Records of Pinellas County,
Florida, said Northwest comer being 37.97 feet West of the Northeast comer of Tract C of
MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in PIat Book 25, page 57,
Public Records of Pinellas County, Florida and being a point on the Southerly right of way
of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99
feet to the POINT OF BEGINNING; thence North 21046'25" West, 66.04 feet to a point
.
.
on the Northerly right of way of said County Road 31; thence along said Northerly right of
way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on
the Southerly J;ight of way of said County Road 31; thence along said Southerly right of way,
South 67029'05" West:, 259.60 feet to the POINT OF BEGINNING.
Pucel 4:
That part of Lots 1 and 4 of Block 5 of REVISED MAP OF TOWN OF BAY VIEW,
according to the plat thereof recorded in Plat Book 6, page 23, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part, IF ANY, lying
Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMITH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page
57, Public records ofPinellas County, Florida. Less and except the South 15 feet.
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FUTURE LAND USE PLAN MAP .
Owner: ... City of Clearwater Case: LUZ2003-01001
Site: 3035 G!Jlf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 1 6/29/1 6/83106/000/01CXJ
. PIN: 1 6129/l6/831 06/000/021 1
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
Ordinance NO. 7116~03
.
.
ORDINANCE NO. 7117-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF
GULF-TO-BAY BOULEVARD AND MCMULLEN-BOOTH
ROAD, CONSISTING OF (1) A PORTION OF TRACT A,
MYRON A. SMITH'S BAY VIEW SUBDIVISION IN THE
SOUTH ONE-HALF OF FRACTIONAL SECTION 16,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION
OF LOTS 2 AND 3, BLOCK 5, REVISED MA~ OF TOWN
OF BAY VIEW, (3) THAT PORTION OF VACATED
COUNTY. ROAD 31 IN SECTION 16, TOWNSHIP 29
SOUTH, RANGE 16 EAST, AND (4) A PORTION OF LOTS
1 AND 4 OF REVISED MAP OF TOWN OF BAY VIEW,
WHOSE POST OFFICE ADDRESS IS 3035 GULF-TO-BAY
BOULEVARD, FROM MOBilE HOME PARK (MHP) AND
ONE, TWO AND )"HREE FAMILY RESIDENTIAL (R-4) TO
OPEN SPACE/RECREATION (OS/R); 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 Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zoninq District
See legal description attached hereto
From: Mobile Home Park (MHP)
One, Two and Three Family
Residential (R-4)
To: Open SpacelRecreation(OS/R}
(LUZ2003-0 1 001)
- - - - Section 2. The City Engineer is directed to revise the zoning atlas of the City in .
accordance with the foregoing amendment.
Section' 3. . This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7116-03, by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the local Government Comprehensive
Planning and land Development Regulation Act, pursuant to S 163.3189, Florida Statutes.
PASSED ON FIRST READING
Ordinance No. 7117-03
'"
.
PASSED ON SECOND AND FINAL
READING AND ADOPTED
.
Approved as to fonn:
Leslie K. Dougall- I es
Assistant City Attorney
.
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7117-03
L.tA "2... ~~. - (" \, r.rr:;; . \
.
Landuse Legal for Bayview Park
Parcell:
A portion of Tract A, MYRON A. SMITI-I'S BA YVIEW SUBDIVISION, according to the
plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida,
in the South % of Fractional Section 16, Township 29 South, Range 16 East being further
descnbed as follows:
Commence at the West -1,1. comer of said Fractional Section 16 ~d iun thence South
89027'56" East along the East and West centerline of said Section 16, for a distance of
- 401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to a point on the
aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22
feet to a point on curve; thence 100.68 feet along the arc of a curve, concave Southerly
through a central angle of 00045'36", a radius 'of 7591.44 feet and a chord bearing of South
87005'12" East, 100.68 feet to a point of reverse curvature; thence 135.23 feet~ong the arc
of a curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16
feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037'12" West
(radial) for a distance of 5.00 feet; thence South 87023'34" East for a dis,tance of 5.01 feet;
thence North 02035'42" East (radial) fora distance of 5.00 feet; thence 10.53 feet along the
arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16
feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East,
, 274.45 feet; thence South 67029'13.5" West, 351.74 feet; thence North 21030'31" West,
191.95 feet; thence South 69034'59" West, 109.48 feet; thence North 21006'4W' West, 281.80
feet to the POINT OF BEGINNING.
Parcel 2:
Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF BAY VIEW, according t~ the plat
thereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part. Less and except that portion of the South 15
feet and the West 10 feet lying South of a line 330 feet South of and paranel to the East
West centerline of Section 16, Township 29 South, Range 16 East.
Parcel 3:
That portion of County Road 31 lying in Section 16, Township 29 South, R3nge 16 East,
Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records
B?ok 9762, page 1872, Public Records of Pinel1as County, Florida, more particularly
described a follows:
Commence at the Northwest comer of that certain tract of land described in Warranty Deed
recorded in Official Records Book 5879, page 1052, Public Records of Pinel1as County,
Florida, said Northwest comer being 37.97 feet West of the Northeast comer of Tract C of
..MYRON A. SMITH'SBA YVIEW SUBDIVISION, as recorded in Plat Book 25, page 57,
Public Records of Pinellas County, Florida and being a point on the Southerly right of way
of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99
feet to the POINT OF BEGINNING; thence North 21046'25" West, 66.04 feet to a point
. ,
.
.
on the Northerly right of way of said County Road 31; thence along said Northerly right of
way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on
the Southerly right of way of said County Road 31; thence along said Southerly right of-way,
South 67029'05" West, 259.60 feet to the POINT OF BEGINNING.
Parcel 4:
That part of Lots 1 and 4 of Block 5 of REVISED, MAP OF TOWN OF BAY VIEW,
according to the plat thereof recorded in Plat Book 6, page 23, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part, IF ANY, lying
Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying Westerly of Tract
A of MYRON A. SMITI-!'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page
57, Public records of Pinellas County, Florida. Less and except the South 15 feet.
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ZONING MAP
Owner: City of Clearwater . Case: LUZ2003-01 001
Site: 3035 Gdf to Bay.Boulevard Property 4.40 Acres
Size{Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHPICity) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A .
Ordinance No. 7117-03
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COLOR AERIAL MAP
Offner; City of aeawater Case:. . LUZ2003-01001
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29 /16/83106/000/0211
from : RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR A tlas Page: 301A
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LOCATION MAP
Owner: " City of Clearwater Case: LUZ2003-01 001
,
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size (Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City} 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
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- .._~--~._.-.__.
Owner. City of Clearwater Case: LUZ2003-0 100 1
Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres
Size(Acres):
Land Use Zoning 16/29/16/83106/000/0100
PIN: 16/29/16/83106/000/0211
From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030
To: R/OS OSR Atlas Page: 301A
BOUNDARY SURVEY
I hereby emit)' QIQllho foUowltlQ leo81 de&OrlpUon adequQllilly
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Proleaslonall8!1d Surveyor
Rodlsterlld Uconso # 5258
6824 Crossbow lane .
New Port Rlchoy, A. 34653
:(727) 847.5848
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_Ingle poJ.ltlltamJtlaIon Iin4 scro.. Tracl"A" olM..,on SmIlh'.
Ba)'Vlew Subdlvl,1on (of which Par-cat 1 II. partl
.. recorded In Plat BOOk 25, Pug. 51.
"The. .as,rneru area shall Ul$Od 3.0' on eedl tide of the
center _or 1h'pclWtf' 11ne.". O.R. 3492. Page 801.
Poriioo of Tract A
Myron Smlth.s eoyVlow Sub
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. I CertlUed 10: . Tho Trust foi Public Lend; tho ClIy of C1eerwaler, FlorIdo .
..' '1' . - Florlll. CommunlUos Trust, a non~egulatory IIII"noy wlthln.tho Ilopartment
. .' .. of Co.mmunlty A"alr&; . . ;
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~Ue commitment File' 327418,
Customer Reference' 17004 r
by Harper, Kynesl Goner, Wats
Buford. P.A.
. This survey Is also cerUned lor -
Insurance.Commllmenl.' C.02C
Issued by Stewart TlUe Guaran1
snd dalod Juno 18,2002.
Easements shown on this
survey drawing rellect 100M rei
on said IIl1e eommHmenls. This
may be 6ubjeqllo additional
easements, agreements or olhf
matters of record nol shown hel
No Information regarding such
easements or agreements Was
supplfed oxcepl as may be aho!
legal OO.Cllplloo provided by c
doscrlbed In olorosald Tlllo Con
Fllo' 327418. Roleronco' 170
21 . d1econneded Mmoa pole
o . OV_" ."'" polo
(-::> . <one. lie. (l\'pIcioJl
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. e 22-30'S5.E 88.03 (R)-(Plllcel3)
eurv. hc Aar;Iut ChoId Bellflng . Chore
C1 10.53' 11,507.18' S 87.26'62~E 10.6:
li
lagon<f...
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Chain Unk Fence
Concrete
Cone. Slab
Elevallon
Finish Uoor
Found capped Iron ro
Found iron rod
Found Iron pipe
Found cone:. monume
Measured
NaUonal Qeodetlo
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PlaUod
Power pole
Record
Residence
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112' '5495
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Not Va"6d Without Slgnolufe and
Railed S.al 01 a AoIId. Surv.~ & Mapper
.
.
ATTACHMENT 3
raft C I ut..
M., 12, 2003
Case #CW 03-39: City of Clearwater - This 4.4 acre parcel is located on the south side of
Gulf-to-Bay Blvd, 300 feet east of Bayview Avenue. The proposed amendment submitted
by the City of Clearwater is a request to change the plan designation from Residential Low
Medium and Residential Urban to Recreation/Open Space. The amendment area is owned
by the City of Clearwater and is vacant. Approval of the amendment will allow a public park
to be developed on the site.
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.
\.
.
.
~
CITY OF CLEARWATER
LoNG RANGE PIANNING
DEVELOPMENT REvIEW
PIANNING 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
April 22, 2003
Mr. David P. Healey, AICP
Executive Director
Pinellas Planning Council
600 Cleveland Street, Suite 850
Clearwater, FL 33755-4160
RE: LUZ2003-01001 - 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
for 4.40 acres of land located 3035 Gulf to Bay Boulevard from Residential Low Medium
(RLM) and Residential Urban (RU) to Recreation/Open Space (RlOS). This amendment
was passed on first reading at the April 17, 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.
Sincerely,
JM~
Marc A, Mariano
Planner
BRIAN J. AUNGST, MAYOR-COMMISSIONER
S: IPlanning Jl.J;lphJb~:f!r,X'tliJ1AJ'il}}iFB~~~Jr,{lili&nts\LUZ 2003 ILUZ2003-0 100 1 CiWJ;jyrt'~Htlll'ib.Ym~~~I:PYlay Blvd!P PC
1fbYY'HAMILTON, COMMISfJidJ'iNhittalltr LUZ2003fljOl 3035 Gulf to Bay.}MtLJONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
. .
APPLICATION FOR COUNTYWIDE FUTURE LAND USE 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
RLM & RU
RlOS
2. Proposed Countywide FLUP Designation
II. Local Plan Map Amendment Information
1. Local Plan Map Amendment Case Number
LUZ2003-01001
2. Current Local Plan Designation(s)
RLM & RU
3. Current Local Zoning Designation(s)
4. Proposed Local Plan Designation(s)
MHP & R-4 (COUNTY)
RlOS
5. Proposed Local Zoning Designation(s)
OSR
III. Site Description
1. Parcel number( s) of area( s) proposed to be amended
16/29/16/83106/000/0100: 16/29/16/83106/000/0211
16/29/16/53892/005/0030
2. Acreage
4.40
3. Location
3035 GULF TO BAY BLVD
4. Existing use
VACANT
5. Existing density
10 UNITS/ACRE & 7.5 UNITS/ACRE
(42 TOTAL UNITS)
CITY OF CLEARWATER
6. Name of project (if applicable)
IV. Verification of Local Action
1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map;
and/or copy 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 ofInterest Statement with names and addresses of the application!
representative and property owner.
x
3. Proposed local ordinance number and status.
x
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
7. Legal description.
X
8. Map clearly indicating amendment location.
X
X
9. Plan Amendment Application.
.
.
DISCLOSURE OF INTEREST STATEMENT
PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER *
SUBMITTING GOVERNMENT ENTITY:
CITY OF CLEARWATER
PPC OR CITY/TOWN CASE NUMBER:
LUZ2003-0 1001
PROPERTY OWNERS/REPRESENTATIVE:
OWNERS: CITY OF CLEARWATER
REPRESENTATIVE: ART KADER
DIRECTOR OF PARKS AND RECREATION DEPT.
CITY OF CLEARWATER
100 S. MYRTLE AVENUE
CLEARWATER, FL 33756
727-562-4800
ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY:
Interests:
N/A
Contingent:
Absolute:
Name:
Specific Interest Held:
INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF
SO: N/A
Contract is:
Contingent
Absolute
All Parties To Contract:
Name:
INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT
PROPERTY, IF SO: N/A
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
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ITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CI1Y HAu, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4040 FAX (727) 562-4052
CilY MANAGER
March 13, 2003
Jack Alvord
606 South Bayview Avenue
Clearwater, Florida 33759
Dear Jack:
Here is the Pinellas Planning Council's Countywide Plan Rules governing the Recreation/Open
Space (RlOS) Future Land Use Plan classification. In addition, I have included a copy of the
City's zoning regulations for the Open Space/Recreation zoning district.
If you have any further questions or would like any additional information regarding the land use
and zoning amendment case for the property at 3035 Gulf to Bay Boulevard (LUZ2003-01001),
please contact me at your convenience.
Sincerely,
1ftA~
Marc A. Mariano
Planner
BRIAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * Bll.L]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"