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LUZ2003-08007 CL WCoverSheet . . L UZ2003-08007 1515 S HIGHLAND AVE Date Received: 8/26/2003 GRIFFIN INTERNATIONAL.. INC. ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 315A RECE\\IED (~r. .-'~ ldUj FLANNING D~~-: \HTMENT CITY OF CU~;~I~V\"ATER ~ . CITYOFCLEAR-,TER APPLICA TION FOR ZONING ATLAS AMENDMENT PLANNING SERVICES MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 MAILING ADDRESS: APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: G R IFF / N IN reff NFf 710fVPL Ifl/c. MAILING ADDRESS: /g-~ '8 FlYS1,]) e- -;DR I Vc/ CLEi7rRtA.J1?TE'R', FL 337&7 PHONE NUMBER: tJ~ 7) 1ft.; <{- Y If q 5 FAX NUMBER: (7,;( ?,) It-4 4 - tt y 9 ~ PROPERTY OWNERS: GR IFF! tJ 7/VTt:/f'ffI1710NFlL :LNG. (s:..~ tV;> ~ .N{)t~~ NA- NI1- (List all owners) AGENT NAME: PHONE NUMBER: FAX NUMBER: rrA- ~~~~~,~~ORMATION: o(q 'B.d6 P/&2a. f~Ct)yl1-1'4~ ~(ylqJ?'-4 ~~ STREET ADDRESS: is' :< / - /531 +10), 10m 0( ~ s. C ~IAIStl'J, T2L 3'"$7(,7 ~ rM~d,ad-. ;(3-;)~-/S- oODoo-3lfo-03/o ~7.3C)A-~~ 4mrm-wAAJ 4""tJ.I"It~::: (j~ PROPOSED ZONING: (91L~~ pFW17"/Vn+o k ~v.py1.ed.f.o C67n~iu1 i?~f~ LAND USE PLAN ~ CLASSIFICATION: ,', ,~;:g~m~ SIZE OF SITE: -r~t.4=- "'-S,ife, !+creA." <: ;~~~ :'i~;::~t~~:~ REASON FOR REQUEST: 10 :lo,~ 0"~ .~ I k ;.P oY77'J Z Ol1lnL ~"i,;+hL"",:,.,"'.'.p",.",.."",.""".",., " r ~....e. 51 /-e ~ () V':: ............;.....;." ~;; LEGAL DESCRIPTION: PARCEL NUMBER: EXISTING ZONING: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. Vi ~ 1', STATE OF FLORIDA, COUNTY OF PI~E ~~SCribed before me thi~ , , A.D., by .-. known has produ identification. is i .~.......-_daY.Qf:...___.. ome tc!;mCitoh'I/\;I, ,I' '.-",o ,". 1 ~'I..,~:\i~l'~';'i'~' tris'ipersbi'lally.\' .'1' as Page 1 of 2 . C...Oll .001) avO"M mYHT13:H l/J . Ig -10001 -~ \ 8 . ~ i I. IB 1\ . n;: ~< 1 ~S ~< · I ~ I~ I~ f f . ~ ~ i <0 llr '"'00' ~ avmIA"l!3SllilN o o II :: ~ > ~ Q Z ~ ~ ::r: o ~ ::r: NOT A SURVEY S KE TCH AND DESCRIPTION OSKETCH.DWG . A 23, Tv.? 29 S., RGE. 15 E. P~ECT NUMBER 001-2897 NE. CORNER, SE.1/4, SW. 1/4. SECTION 23, T29S, R15E. N 89'07'57" W 800.38' CE NTE RUNE NURS E RY ROAD NURSERY ROAD "v '<t c::i \0 t") w o '<t ~ N o o (JJ LaBELLE PLAZA SHOPPING CENTER ZONE "0" N89-4Q' 43-E 263.09' .", It) N 0) ~ lLJ . 0 ~ - ~ ~ 0 0 S89-4Q'43-W 263.22' (I) LoBE LLE PLAZA SHOPPING CE NTE R RE VISE D: 08/21/03 DATE 08/20/03 ZONE -0. LoBE LLE PLAZA SHE E T 1 OF 2 POLARIS PROFESSIONAL SURVEYING 2915 SR. 590. SUITE 17 CLEARWA TER. FLORIDA 33759 (727) 669 0522 S 3, TWP. 29 S., RGE. 15 E. PROJECT NUMBER 001-2897 DESCRIPTION ZONE "0" A PARCEL OF LAND IN THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 29 SOUTH. RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND GO N.89'07'57" W., 800.38 FEET ALONG THE CENTERLINE OF NURSERY ROAD; THENCE LEAVING SAID CENTERLINE, S.00"21'40" E., 360.44 FEET TO THE POINT OF BEGINNING; THENCE S.00'21'40"E., 192.53 FEET; THENCE S.89'40'43"W., 263.22 FEET; THENCE N.00'19'17"W., 192.53 FEET; THENCE N.89'40'43'E., 263.09 FEET TO THE POINT OF BE GINNING. CONTAINING 1.163 ACRES, MORE OR LESS. NOT E S 1. LE GAL DE SCRIPTION W AS PRE PARE D BY POLARIS AS SOCIA TE S, INC. 2. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SKETCHOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 3. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 4. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. C E R T I F I CAT ION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION REPRESENTED HEREON MEETS THE TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. 08/21/03 DATE SURVE YOR #4053 NOT A SURVEY RE VIS E D: 08/21/03 DATE 08/20/03 SHE E T 2 OF 2 S KE TCH 8c DE SCRIPTION DESCRIPTION OSKE TCH.DWG ZONE .0. LoBE LLE PLAZA POLARIS ASSOCIA TES INC. PROFESSIONAL SURVEYING 2915 S.R. 590, SUITE 17 CLEARWA TER. FLORIDA 33759 (727) 669-0522 (I'''()'''O "J.},'. '^I:' ".'~ ... . . PREPARED BY AND RETURN TO: Michael A. Bedke, Esquire Rudnick & Wolfe 101 E. Kennedy Boulevard Suite 2000 Tampa, Florida 33602 SPECIAL WARRANTY DEED THIS INDENTURE, made and entered into as of JII/ l'f , 1995 between NORTII LAKE/BELLE PLAZA JOINT VENTURE, a Florida genbral partnership, whose address is Post Office Box 428, Mango, Florida 33550, hereinafter referred to as the "Grantor", and GRIFFIN INTERNATIONAL INCORPORATED, a Florida corporation, whose address is 186 Bayside Drive, Clearwater, Florida 36430, hereinafter referred to as the "Grantee." WIT N E S SET H: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confInn unto the Grantee, its successors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, State of Florida, as more particularly described in the Exhibit "A" annexed hereto and by this reference made a part hereof, Parcel 1 of said property having as its tax identification number 23/29/15/00000/340/0310. TOGETIIER WITI-I all the improvements, tenements; 'hereditaments, and appurtenances thereto belonging or in anywise appertaining and together with all rights and easements of record. SUBJECT TO all matters listed in Exhibit "B" annexed hereto and by this reference made a part hereof. TO HAVE AND TO HOLD the above described premises, with the appurtenances, unto the said Grantee, its successors and assigns, in fee simple forever. And the Grantor does specially warrant the title to said land subject to the matters referred to above and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but not otherwise. IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed in its name, on the date set forth below its name, and by those thereunto duly authorized. WITNESSES: NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partnership By: JFI Land Company, a Florida corporation, as Partner' Q.,~J) '). Ssse~ Printed Name: bANla 'J, . Ol.>AlvO MJ A. ~~ Printed Name: ,Aili ct....1 I}. 8eJ~e BY:'~~~~ teplien L. J " resident By: SU Land Company, Inc., a Florida corporation, as Partner By: MB0181 07/13/95 . . STATE OF FLORIDA ) ) COUNTY OF HILLSBOROUGH ) The foregoing instniment was acknowledged before me this liffh day of July, 1995, by Stephen L. Jaeb, as President of JFI Land Company, a Florida corporation, as Partner of NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partners~ip, on behalf of said entity. He is personally known to me or has prpduced. F.J2.,_. d .A..I..I~ as identification. ~ ~ q-~.Q",-- f(. e.. ~ r Printed Name: _._ NOTARY PUBUC State of Florida at Large \lllll" ~"*IW rf.~~ PAULA K. CASEY N i.~ MY COMMISSION * CC422087 EXPIRES ~~\ . ~~"i December 17, 1998 '~iir.,i\-:r.:" BONOED THRU TROY fAIN INSURANCE. INC. (Notarial Seal) My Commission Expires: STATE OF FLORIDA ) ) COUNTY OF HILLSnOROUGH ) The foregoing instrument was acknowledged before me this / t(fh day of July, 1995, by Stephen L. Jaeb, as President of SU Land Company, Inc., a Florida corporation, as Partner of NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partnership, on , behalf of said entity. He is personally known to me or has produced (9~ ., ~ ~,.eJ..d:J h..;o J~ as identification. ,"1111' $~i~W r~ PAULA K. CASEY go: :oi MY COMMISSION * CC422087 EXPIRES . ~~. '1/ December 17,1998 . '~,ijr:,ik\\'" 80NOeD TlIRU TROY fAIN INSURANCE, INC. ~~~~~ ~"fJ= Printed Name: NOTARY PUBUC State of Florida at Large (Notarial Seal) My Commission Expires: MB0181 07/13/95 2 . . EXHIBIT "A" PARCEL 1: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, .being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, To~mshi~ 29 South, Range 15 East,Pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet to the Point of Beginning; thence South 00021'40" East, 719.93 feet; thence South 00044'35" West 192.00 feet to a point on the North right-of- way line of Belleair Road; thence North 89015'25'1 West, 295.11 feet along said North right-of -way line; .thence leaving said North right-of -way line, North 00019' 17" West, 192.03 feet; thence North 89015'25" West, 210.00 feet to a point on the East right-of- way line of Highland Avenue; thence North 00019'17" West, 498.67 feet along said East right-of-way line;. thence leaving said East right-of-way line, North 89040'43" East, 245.00 feet; thence North 00019'17" West, 211.81 feet; thence North 89040'43" East, 263.09 feet to the Point of Beginning. PARCEL 2: Easement for the benefit of Parcell as created by Reciprocal Easement, Restrictions and Operations Agreement recorded July I, 1993, in Official .Records Book 8324, page 831, of the public records of pinellas County, Florida, over, under and across the land described as follows: NON-EXCLUSIVE ROADWAY EASEMENT (SOUTHERN) A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, To~mship 29 South, Range 15 East, pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'10" East, 1080.37 feet; thence South 00044'35" West, 10.00 feet to the Point of Beginning; thence South 21052'37" East, 39.00 feetj thence South 89015'25" East, 9.00 feet; thence South 00044'35" West, 146.00 feetj thence North 89015'25" West, 24.00 feet; thence North 00044'35" East, 182.00 feet to the Point of Beginning. PARCEL 3: Easement for the benefit of Parcel 1 as created by Reciprocal Easement, Restrictions and Operations Agreement recorded July 1, 1993, in Official Records Book 8324, page 831, of the public records of pinellas Co~nty, Florida, over, under and across the land described as follows: NON-EXCLUSIVE ROADWAY EASEMENT (NORTHERN) A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 23, and go North 89007'57" West, 800.38 feet along the North boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 23, also being the centerline of Nursery Road to the Point of Beginning; thence South 00021'40" East, 360.44 feet; thence South 89040'43" West, 33.16 feet; thence North 00005'22" West, 307.99 feet; thence along a curve to the left that has a radius of 35.00 feet, an arc length of 54.39 feet, a chord length of 49.08 feet, a chord bearing of North 44036'29" West; thence North 00052'03" ~ast, 18.70 feet to a point on the North boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 23, also being the centerline of Nursery Roadj thence South 89007'57" East, 66.16 feet along said North boundary (the centerline of Nursery Road) to the Point of Beginning. PARCEL 4: Easement for the benefit of Parcel 1 as created by Reciprocal Easement, Restrictions and Operations AgreemeQt recorded July I, 1993, in Official records Book 8324, page 831, of the public records of pinellas County, Florida, over, under and across the land described as follows: TEN FOOT STRIP A parcel of land lying in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast ~orne~ of the Southeast 1/4 of the Southwest 1/4 .of Section 23, Township 29 South, . Range 15 East, pinellas County, Florida, and go North 89007' 57" West 8DO.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 350.44 feet to the Point of Beginning; thence continue South 00021'40" East, 10.00 feet; thence South 89040'43" west, 263.09 feet; thence North 00019'.17" West, 10.00 feet; thence North 89040'4'3" East, 263.08 feet to the Point of Beginning. Page 1 of 2 .! . PARCEL 5: Easement for the benefit of Parcel las created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993, in Official Rectirds Book B42B, page 2327, of the public records of Pin~llas .County, Florida, over, under and across the land described as follows: CROSS PARKING PARCEL: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, and go North B9007'57" West, BOO.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet; thence South B9040'43" West, 263.09 feet; thence South 00019'17" East, 95.48 feet to the Point bf Beginning; thence ~ontinue South 00019'17" East, 116.33 feet; thence South 89040'43" West, 245.00 feet; thence North 00019'17" West, 116.33 feet; thence North 89040'43" East, 245.00 feet to the Point bf Beginning. PARCEL 6: Easement for the benefit of Parcell as created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of pinellas County, Florida, over, under and across the land described as follows: DRIVING LANE PARCEL A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, and go NorthB9007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet; thence South 89040'43" West, 263.09 feet to the Point of Beginning; thence South 00019'17" East, 95.4B feet; thence South 89040'43" West, 5.00 feet; thence North 00019'17" West, 105.48 feet; thence North 89040'43" East, 5.00 feet; thence South 00019'17" East, 10.00 feet to the Point of Beginning. PARCEL 7: Together with an easement in, to, over, under and across the areas not covered by buildings as they' exist from time to time on Landowner's Parcel (as that term is defined in that certain Reciprocal' Easement, Restrictions and Operation Agreement recorded in Official Records Book B324, page 831, of the public records of pinellas County Florida) for the purpose of installation, operation, maintenance, repair, replac~ment, removal and relocation of utility Lines as defined in the Reciprocal Easement Restrictions and Operations Agreement recorded in Official Records Book B324, page B31; of the public records of pinellas County, Florida~ Page 2 of 2 .,. . EXHIDIT B 1. Taxes and assessments for the year 1995 and subsequent years. 2. Easement in favor of General Telephone Company of Florida recorded October 18, 1967, if Official Records Book 2696, page 440, of the public records of Pinellas County, Florida. (Affects Parcel 7). 3. Easement in favor of Florida Power Corporation recorded February 23, 1983, in Official Records Book 5479, page 130, of the public records of Pinellas County, Florida. . . 4. Sidewalk Easement in favor of Pinellas County recorded January 29, 1990, in Official Records Book 7184, page 2105, of the public records of Pinellas County, Florida. 5. Easement in favor of the City of Clearwater, Florida, for water lines and for ingress and egress purposes recorded March 8, 1990, in Official Records Book 7218, page 1527, of the public records of PinelIas County, Florida. 6. Short Form Lease by and between North Lake/Belle Plaza Joint Venture, a Florida Joint Venture Partnership, and Winn-Dixie Stores, Inc., recorded April 24, 1990, in Official Records Book 7258, page 454, of the public records of Pinellas County, Florida. 7. Sidewalk Easement in favor of Pinellas. County, recorded July 1, 1993, in Official Records Book 8324, page 828, of the public records of Pinellas County, Florida. (Affects Parcel 5). 8. Terms, conditions, provlSlons, obligations and easements as contained in Reciprocal Easement, Restrictions and Operation Agreement recorded July 1, 1993, in Official Records Book 8324, page 831; Amendment recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of Pinellas Comity, Florida. 9. Existing unrecorded leases and all rights thereunder of the lessees and of any person claiming by, through or under the lessees. . 10. Financing Statement recorded May 8, 1992, in Official Records Book 7902, page 1019 of the public records of Pinellas County, Florida. 11. Matters shown on Survey dated February 18, 1993, updated and recertified on June 27, 1995, as made by Lloveras, Bauer & Stevens, designated as Job No. 18877. PKC4461 Line Items: Case No LUZ2003-08007 Payments: Method Check Tran Code Payer Receipt #: 1200300000000008377 Date: 08/25/2003 8/25/2003 2:29:55PM Description Revenue Account No Amount Paid Land Use & Atlas Amendment 885.00 $885.00 010-341263 Line Item Total: Bank No Confirm No How Received Amount Paid Account No 8030 In Person 88~' $885.U GRIFFIN INTERNATIONAL Payment Total: PAl ~2~3~ CK. NO. DAlE e THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cReceiptrpt Page 1 of 1 , ~ l I'~ i\. '.f, " ," '\'l./~. ' .i~ ORDINANCE NO. 7207-03 6(.. "" '> AN ORDINANCE OF THE CITY OF CLEARWATER, FL6R(DA;. ~. /0& .v~~" AMENDING THE FUTURE LAND USE PLAN ELEMENT OF Tf-'l6~".."~,) ~> V COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE C> ~~\~~;>'" LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY'<:~:~.l,>:r;'?). LOCATED ON THE EAST SIDE OF SOUTH HIGHLAND 1>1/"'~ "- AVENUE, APPROXIMATELY 700 FEET NORTH OF BELLEAIR :;.;< .~''';')- ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST " I) ONE-QUARTER OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1515 SOUTH HIGHLAND AVENUE, FROM RESIDENTIAL/OFFICE GENERAL TO COMMERCIAL GENERAL; 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 See attached legal description Land Use CateQorv From: Residential/Office General (LUZ2003-08007) To: Commercial General 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. The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 1 '63.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance with Chapter 163.3184, F.S. PASSED ON FIRST READING Ordinance No. 7207-03 . . PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ~, '"/ ~ .i( i /) (i; ;',~~( /" ,\,~:.".>-_'- : <>< X;~--",.~,</~...t",-':f--" ~." -'~~~;(~: Leslie K. Dougali-Slde~\ Assistant City Attorney . Brian J. Aungst Mayor -Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7207-03 .. ~. ]532 , I .~_.: ---, , " d , 1536 , _.- - '. - - -, R/OG-: "_ __l~~O '" '" ,. '" '" ,. 1471 1556 1560-: " : - -_: b {m_; :--~C : . (I) ~ G) ~ :t:. ~ :t:. iii Addresses off Highland A ue. RlaG; R/OG . ,", ' , , , , " " .' , . , . " " " : .' " , . " ' " '.. :-1521-~ : 1523 : .- 1525 : , 1527 I : 1529 : -I 1531 I , , I 1533 I ..-...... 1537 Land Use Site: 1515 South Highland Avenue Zoning R/OG CG ~~:~ : 1545 : 1547 :_ __, 1549 1555 , C(3 .. - - - -, , 1557 ~---------_. 1559 I 1561 : ]563 ]565 1567 1569 1571 1573 1575 I lS?7 1_1-1__________. Future Land Use Map Owner Griffin International, Inc, o (City) C (City) Case: Property Size(Acres): LUZ2003-08007 1.16 From: To: PIN: 23/29/15/00000/340/0310 Atlas Page: 315A Ordinance No. 7207-03 ,., ! A:''v....., C' t"" ,,," . ;." " 'C: ~.. 0/0 "Z,,' , L/ <' o c9 <(1:).: '.J . . ;0. ORDINANCE NO. 7208-03 {,., ': ,,~ ~...:o c, " AN ORDINANCE OF THE CITY OF CLEARWATER, FLOR;6ft;;.;" AMENDING THE ZONING ATLAS OF THE CITY BY REZaNING;"'(",p(~:" CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF'<\'~~""~i~ SOUTH HIGHLAND AVENUE, APPROXIMATELY 700 FEET i>~;./' "" f NORTH OF BELLEAIR ROAD, CONSISTING OF A PORTION v;', OF THE SOUTHWEST ONE-QUARTER OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1515 SOUTH HIGHLAND AVENUE, FROM OFFICE (0) TO COMMERCIAL (C); 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 See legal description attached (LUZ2003-08007) Zonina District From: Office (0) To: Commercial (C) 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 7207-03 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 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: \..../ / Attest: ~".-" , ,-" .~,. l ;,' . ~',/ j/ ,\ ; I ': ~ ~ .~ -~.; _.'i:. , '..... " Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7208-03 .' . . DESCRIPTION for LUZ2003-08007 ZONE "0" A PARCEL OF LAND IN THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 E AS T, PINE LLAS COUNTY, FLORIDA BE ING MORE P ARTlCULARL Y DE SCRIBE D AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST. PINELLAS COUNTY, FLORIDA, AND GO N.89"07'S7" W., 800:38 FEET ALONG THE CENTERLINE OF NURSERY ROAD; THENCE LEAVING SAID CENTERLINE, S.00"21'40" E., 360.44 FEET TO THE POINT OF BEGINNING; THENCE S.00"21'40"E., 192.53 FEET; THENCE S.89"40'43"W., 263.22 FEET; THENCE N.00"19'17"W., 192.53 FEET; THENCE N.89"40'43'E., 263.09 FEET TO THE POINT OF BE GINNING. CONTAINING 1.163 ACRES, MORE OR LESS. ~ . . " , , , , , , , , , , , , " " " o " " ,LMDR"", .. " ' " , , , , " ' 'is21- 1523 1525 1527 1529 ]53] 1533 ,-----, , , , , , , ,_ - - - _I r -- j - - - ~ , . , , , .' , , 1536 1537 1539 1541 1543 1545 , 1547 : , , _ 1- -'_ _ _ _, ]549 :----0------: I : , , 1555 - - - - I , . _ _!~~O c Addresses oJJ Highland Ave. :;l '" ~ ~ 1557 ~ - - - - - - - - - - 4 1559 I 1561 : 1563 1565 1567 1569 1571 1573 ]575 I 1577 1_1-1__ ___ 1471 ]556 {----; ,O'<..J' ' J560 -: " " : - -_: Surrounding Zoning Map Owner Griffin International. Inc. Case: LUZ2003-08007 Site: 1515 South Highland A venue Property Ll6 Size(Acres): Land Use Zoning PIN: 23/29/15/00000/340/0310 From: R/OG o (City) To: CG C (City) Atlas Page: 315A Ordinance No. 7208-03 A..TTC'-#-~ "Y~\~LOF Tift>> l~".~~~t~~ $,. ~1)j/ ~~ ~....... '" ~ .. 01 ~C":t ~ ::--- -. <C,~ ,..C~ ==-- .9~ ",,'1"-:,-.:.- .~~ ~~~ -- 'r--.'~~ "'{(lr~.~"~~t,"" ",..-)1TE\\"",,~ ~-I~1I ,.~ CITY OF CLEARWATER DEVELOPMENT & NEIGHBORHOOD SERVICES DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 March 5,2004 Ray Eubanks, Process Planning Manager Florida Department of Community Affairs Bureau of State Planning Plan Processing Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Second Small Scale Future Land Use Plan Amendment for 2003 Dear Mr. Eubanks: Pursuant to Chapter 163, Florida Statutes, and Rule 9J-ll, Florida Administrative Code, the City of Clearwater is hereby transmitting the remainder of the small scale Future Land Use Plan amendments adopted in 2003. As approved thus far in the first small scale submittal amendment package of2003, dated August 19,2003, the total acres of small scale development amendments for 2003 is 20.7-acres. Approval of the four (4) small scale development amendments included in this package, totaling 5.87-acres, will increase the acreage for the 2003 calendar year to 26.57- acres. All adopting ordinances, public notices, maps and small scale development amendment submittal forms are enclosed for the following amendments: 2003: City Case # LUZ2003-05003 City Case # LUZ2003-05004 City Case # LUZ2003-08006 City Case # LUZ2003-08007 0.98 acres 0.3 8 acres 3.35 acres 1.16 acres If there are any questions, please contact Gina Clayton, Long Range Planning Manager, via telephone at (727) 562-4587 or facsimile at (727) 562-4576. Thank you for your assistance in processing these amendments. ~ Cynthia Tarapani, AICP Director Enclosure CC: Tampa Bay Regional Planning Commission BRIAN J. AUNGST, MAYOR-COMMISSIONER HoY!" HAMILTON, VICE MAYOR-COMMISSIONER WIIITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIIU,,1ATIVE ACTION EMPLOYER" . '. - CITY OF CLEARW A4A:R flU APPLICATION FOR LV2.Zd&?J "'rj1Of/7 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.,~.____ !l'g-' ; ':' _' :;;' --'~l i ~ \ I ",_..., '::J U \ ~ -- " APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: '~ 2 1 tUrn I APPLICANT NAME: (;\ R I t= J::' I N TN Tl:? R N fr T ION ~L If\ft:.,' d,--j MAILING ADDRESS: 1 S ~ 'B 0) '1 S 1 D E -::D R' vG C L~~ Nfl TE"R', 'r;-~"~3~!j,~YJ S't' . I .' ~~, PHONE NUMBER: t!~ 7) 4- 44- Lf yq 5 FAX NUMBER: L 7.:27) '+4-4- 4l(q ~ PROPERTY OWNERS: G; R.I FFI N TN T~R l\rA-n (J '" A L- LNC. (List all owners) ~ ~ ~} I Ct:~.rnJ-) AGENT NAME: tl DI ~ MAILING ADDRESS: N It PHONE NUMBER: tY11 FAX NUMBER: Nit- ~~~~;I~~~RMATION: L~ 'P;:uik P 1~2tL N ~ c.. STREET ADDRESS: 3 ~ frv-e-. s . I CLl?ftRlAJF)7 E~ ,F L LEGAL DESCRIPTION: ~-" ~d,~ PARCEL NUMBER: .:2. ~ - ..< ~ - 1 5 - C> 00 0 0 - '3 tt 0 - b 31 0 _ SIZEOFSlTE ToW =- ~~.'-IbPrwr4 ~~:::~~ ~ :)$lf;::. FUTURE LAND USE -0 ~ CLASSIFICATION: PRESENT: ,,- 0 q REQUESTED: C <:;;;; ZONING CLASSIFICATION: PRESENT LJ REQUESTED: r:_ PROPOSED TEXT AMENDMENT: ~ ! I: ~ ,t .( ," ,,' STATE OF FLORIDA, CP~NtYOFPINELLAS .., Sworn to d subscribed efore maltlis., ,.....,,'J() . . day of. ,J !.: ,A~~to me'-' by . who is iJe1.s9n.aIlYJm~a~oQ.Luced ~ ~J!1/. ~ as identification. . ,,':~n;~; .L~~. -.~_l~_l~..~_, (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) knowledge. Signature of property owner or representative o o II - .- ~ > ~ Q Z ~ ~ ::c d ~ ::c NOT A SURVEY SKETCH AND DE SCRIPTION OS KE TCH.DWG S~3, TWP. 29 S., RGE. 15 E. pmCT NUMBER 001-2897 NE. CORNER, SE.1/4. SW. 1/4, SECTION 23, 129S, R15E. N 89.07'57" W 800.38' CE NTE RUNE NURS E RY ROAD NURSERY ROAD '"v v o <D l") w a v LoBE LLE PLAZA SHOPPING CE NTE R ZONE "0" N89-4O' 43-E 263.09' .. ,.., at) N m ~ IJJ . 0 .q- - ~ ~ 0 0 S 89-40' 43.W 263.22' (f) LoBE LLE PLAZA SHOPPING CE NTE R REVISED: 08/21/03 DATE 08/20/03 POLARIS PROFESSIONAL SURVEYING 2915 S.R. 590, SUITE 17 CLEARWA TER, FLORIDA 33759 (727) 669-0522 ZONE -0. LoBE LLE PLAZA ~ N o o (/) SHE E T 1 OF 2 SE , TWP. 29 S., RGE. 15 E. PROJECT NUMBER 001-2897 OESCR PTION ZONE "0" A PARCEL OF LAND IN THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND GO N.89'07'S7" W., 800.38 FEET ALONG THE CENTERLINE OF NURSERY ROAD; THENCE LEAVING SAID CENTERLINE, S.00'21'40" E., 360.44 FEET TO THE POINT OF BEGINNING; THENCE S.00'21'40"E., 192.53 FEET; THENCE S.89'40'43"W., 263.22 FEET; THENCE N.00'19'17"W., 192.53 FEET; THENCE N.89'40'43'E., 263.09 FEET TO THE POINT OF BE GINNING. CONTAINING 1.163 ACRES, MORE OR LESS. NOTES 1. LE GAL DE SCRIPTION W AS PRE PARE D BY POLARIS AS SOCIA TE S, INC. 2. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SKETCHOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOS E CE RTlFIE D TO. 3. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL. HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 4. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION REPRESENTED HEREON MEETS THE TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, flORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. 08/21/03 DATE S URVE YOR #4053 NOT A SURVEY RE VIS E D: 08/21/03 DATE 08/20/03 SHE E T 2 OF 2 SKETCH & DESCRIPTION DE SCRIPTION OSKE TCH.DWG ZONE .0. LaBELLE PLAZA POLARIS ASSOCIA TES INC. PROFESSIONAL SURVEYING 2915 SR. 590. SUITE 17 CLEARWA TER. FLORIDA 33759 (727) 669-0522 . . i -10001 1/ :~ ) JII f ' 111111 c::::::::' ~ ^" \\.) ~ ~ C) lli I ... 96"[00;; --crvOlI A1I3S"llilN =1 -I Pi ~ ~ ~ ~ji " 3 l~.~ o.~SS 7'" '1 ....(-'1 ".f.J " . .^., I'" .#' . . <. PREPARED BY AND RETURN TO: Michael A. Bedke, Esquire Rudnick & Wolfe 101 E. Kennedy Boulevard Suite 2000 Tampa, Florida 33602 SPECIAL WARRANTY DEED TIllS INDENTURE, made and entered into as of Jv I l'f , 1995 between NORTII LAKE/BELLE PLAZA JOINT VENTURE, a Florida genhral partnership, whose address is Post Office Box 428, Mango, Florida 33550, hereinafter referred to as the "Grantor", and GRIFFIN INTERNATIONAL INCORPORATED, a Florida corporation, whose address is 186 Bayside Drive, Clearwater, Florida 36430, hereinafter referred to as the "Grantee." WIT N E S SET H: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confum unto the Grantee, its successors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, State of Florida, as more partiCularly described in the Exhibit "A" annexed hereto and by this reference made a part hereof, Parcel 1 of said property having as its tax identification number 23/29/15/00000/340/0310. TOGETHER WIllI all the improvements, tenements, 'hereditaments, and appurtenances thereto belonging or in anywise appertaining and together with all rights and easements of record. SUBJECT TO all matters listed in Exhibit "B" annexed hereto and by this reference made a part hereof. TO HAVE AND TO HOLD the above described premises, with the appurtenances, unto the said Grantee, its successors and assigns, in fee simple forever. And the Grantor does specially warrant the title to said land subject to the matters referred to above and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but not otherwise. IN WIlNESS WHEREOF, the Grantor has caused these presents to be duly executed in its name, on the date set forth below its name, and by those thereunto duly authorized. WITNESSES: NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partnership By: JFI Land Company, a Florida corporation, as Partner Q~ ).Sse~ Printed Name: bANla ',_ O(>Af00 !!!;L; A. ~ Printed Name: .)II: c t.. ,,4. ( It. BeJ,k.~ By: .~~~..-<- teplien L. J '. resident By: SU Land Company, Inc., a Florida corporation, as Partner By: MBOI8I 07/13/95 . . STATE OF FLORIDA ) ) COUNTY OF HILLSBOROUGH ) The foregoing instrument was acknowledged before me this / L(fh day of July, 1995, by Stephen L. Jaeb, as President of JFI Land Company, a Florida corporation, as Partner of NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partners~ip, on behalf of said entity. He is personally known to me or has produced. Fj2,,~. d A...I..Ir-VJd as identification. ~ Cd~<t.Q~ X. Printed Name: NOTARY PUBUC State of Florida at Large ~,IUI" ~~IW ff.~ PAULA K. CASEY f-f ';-i MY COMMISSION I CC422087 EXPIRES ~;\ . ~'if December 17, 1998 "'~iif.,r.-~" BONDED lHRU lROV fAIN IHSlIRAHCE,INC. ~ '" 'L.'( (Notarial Seal) My Commission Expires: STATE OF FLORIDA ) ) COUNTY OF HILLS BOROUGH ) The foregoing instrument was acknowledged before me this / t(fIJ day of July, 1995, by Stephen L. Jaeb, as President of SU Land Company, Inc., a Florida corporation, as Partner of NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partnership, on ... behalf of said entity. He is personally known to me or has produced ! qJ2-".. '" d./v ~~:-b h..;"o J.~ as identification. ~1J.\':t.~lr~. PAULA K. CASEY f./'~l;i MY COMMISSION II CC422087 EXPIRES , ;'i'~k! December 17, 1998 . '~P,r.,f.i\\'" BONDEO lURU lROY fAIN INSURANCE, INC. ~~---e.. - ~ ~ Q fJ= Printed Name: NOTARY PUBUC State of Florida at Large (Notarial Seal) My Commission Expires: MDOISI07/13/95 2 . . EXHIBIT "A" PARCEL 1: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, .being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, To~mship 29 South, Range 15 East,Pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet to the Point of Beginning; thence South 00021'40" East, 719.93 feet; thence South 00044'35" West 192.00 feet to a point on the North right-ot- way line of Belleair Road; thence North 89015'25" West, 295.11 feet along said North right-oE-way line; thence leaving said North right-oE-way line, North 00019'17" West, 192.03 jeet; thence North 89015'25" West, 210.00 feet to a point on the East right-ot- way line of Highland Avenue; thence North 00019'17" West, 498.67 feet along said East right-at-way line;, thence leaving said East right-oE-way line, North 89040'43" East, 245.00 feet; thence North 00019'17" West, 211.81 feet; thence North 89040'43" East, 263.09 feet to the Point of Beginning. PARCEL 2: Easement for the benefit of Parcel 1 as created by Reciprocal Easement, Restrictions and Operations Agreement recorded July I, 1993, in Official ,Records Book 8324, page 831, of the public records of pinellas County, Florida, over, under and across the land described as follows: NON-EXCLUSIVE ROADWAY EASEMENT (SOUTHERN) A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Tmmship 29 South, Range 15 East, pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'401/ East, 1080.37 'feet; thence South 00044'35" West, 10.00 feet to the Point of Beginnirig; thence South 21052'371/ East, 39.00 feet; thence South 89015'25" East, 9.00 feet; thence South 00044'35" West, 146.00 feet; thence North 89015'25" West, 24.00 feet; thence North 00044'35" East, 182.00 feet to the Point of Beginning. PARCEL 3: Easement for the benefit of Parcel 1 as created by Reciprocal Easement, Restrictions and Operations Agreement recorded July I, 1993, in Official Records Book 8324, page 831, of the public records of pinellas Co~nty, Florida, over, under and across the land described as follows: NON-EXCLUSIVE ROADWAY EASEMENT (NORTHERN) A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 23, and go North 89007'57" West, 800.38 feet along the North boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 23, also being the centerline of Nursery Road to the Point of Beginning; thence South 00021'40" East, 360.44 feet; thence South 89040'43" West, 33.76 feet; thence North 00005'22" West, 307.99 feet; thence along a curve to the left that has a radius of 35.00 feet, an arc length of 54.39 feet, a chord length of 49.08 feet, a chord bearing of North 44036'29" West; thence North 00052'03" East, 18.70 feet to a point on the North boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 23, also being the centerline of Nursery Road; thence South 89007'57" East, 66.16 feet along said North boundary (the centerline of Nursery Road) to the Point of Beginning. PARCEL 4: Easement for the benefit of Parcel 1 as created by Reciprocal Easement, Restrictions and Operations Agreeme~t recorded July I, 1993, in Official records Book 8324, page 831, of the public records of Pinellas County, Florida, over, under and across the land described as follows: TEN FOOT STRIP A parcel of land lying in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corne~ of the Southeast 1/4 of the Southwest 1/4.of Section 23, Township 29 South, ,Range 15 East, pinellas County, Florida, and go North 89007' 57" 1'1est 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 350.44 feet to the Point of Beginning; thence continue South 00021'40" East, 10.00 feet; thence South 89040'43" West, 263.09 feet; thence North 00019'.17" West, 10.00 feet; thence North 89040'~3" East, 263.08 feet to the Point of Beginning. Page 1 of 2 . . PARCEL 5: Easement for the benefit of Parcel 1as created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of Pin~rlas .County, Florida, over, under and across the land described as follows: CROSS PARKING PARCEL: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet; thence South 89040'43" West, 263.09 feet; thence South 00019'17" East, 95.48 feet to the Point bf Beginning; thence ~ontinue South 00019'17" East, 116.33 feet; thence South 89040'43" West, 245.00 feet; thence North 00019'17" West, 116.33 feet; thence North 89040'43" East, 245.00 feet to the Point bf Beginning. PARCEL 6: Easement for the benefit of Parcel 1 as created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of pinellas County, Florida, over, under and across the land described as follows: DRIVING LANE PARCEL A parcel of land in the Southwest 1/4 of section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet; thence South 89040'43" West, 263.09 feet to the Point of Beginning; thence South 00019'17" East, 95.48 feet; thence South 89040'43" West, 5.00 feet; thence North 00019'17" West, 105.48 feet; thence North 89040'43" East, 5.00 feet; thence South 00019'17" East, 10.00 feet to the Point of Beginning. PARCEL 7: Together with an easement in, to, over, under and across the areas not covered by buildings as they' exist from time to time on Landowner's Parcel (as that term is defined in that certain Reciprocal' Easement, Restrictions and Operation Agreement recorded in Official Records Book 8324, page 831, of the public records of pinellas County, Florida) for the purpose of installation, operation, maintenance, repair, replacement, removal and relocation of utility Lines as defined in the Reciprocal Easement, Restrictions and Operations Agreement recorded in Official Records Book 8324, page 831, of the public records of pinellas County, Florida: Page 2 of 2 ...., . . EXHmIT B 1. Taxes and assessments for the year 1995 and subsequent years. 2. Easement in favor of General Telephone Company of Florida recorded October 18, 1967, if Official Records Book 2696, page 440, of the public records of Pinellas County, Florida. (Affects Parcel 7). 3. Easement in favor of Florida Power Corporation recorded February 23, 1983, in Official Records Book 5479, page 130, of the public records of Pinellas County, Florida. 4. Sidewalk Easement in favor of Pinellas County recorded January 29, 1990, in Official Records Book 7184, page 2105, of the public records of Pinellas County, Florida. 5. Easement in favor of the City of Clearwater, Florida, for water lines and for ingress and egress purposes recorded March 8, 1990, in Official Records Book 7218, page 1527, of the public records of Pinellas County, Florida. 6. Short Form Lease by and between North Lake/Belle Plaza Joint Venture, a Florida Joint Venture Partnership, and Winn-Dixie Stores, Inc., recorded April 24, 1990, in Official Records Book 7258, page 454, of the public records of Pinellas County, Florida. 7. Sidewalk Easement in favor of Pinellas. County, recorded July 1, 1993, in Official Records Book 8324, page 828, of the public records of Pinellas County, Florida. (Affects Parcel 5). 8. Terms, conditions, proVISIOns, obligations and easements as contained in Reciprocal Easement, Restrictions and Operation Agreement recorded July 1, 1993, in Official Records Book 8324, page 831; Amendment recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of Pinellas County, Florida. 9. Existing unrecorded leases and all rights thereunder of the lessees and of any person claiming by, through or under the lessees. '10. Financing Statement recorded May 8, 1992, in Official Records Book 7902, page 1019 of the public records of Pinellas County, Florida. 11. Matters shown on Survey dated February 18, 1993, updated and recertified on June 27, 1995, as made by Lloveras, Bauer & Stevens, designated as Job No. 18877. PKC4461 . '--=-- , . PARCEL 5: Easement for the benefit of Parcel 1 as created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of pinel"las .County, Florida, over, under and across the land described as follows: CROSS PARKING PARCEL: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet; thence South 89040'43" West, 263.09 feet; thence South 00019'17" East, 95.48 feet to the Point of Beginning; thence ~ontinue South 00019'17" East, 116.33 feet; thence South 89040'43" West, 245.00 feet; thence North 00019'17" . West, 116.33 feet; thence North 89040'43" East, 245.00 feet to the Point of Beginning. PARCEL 61 Ease~entfor the benefit of Parcell as created by Amend~ent to Reciprocal Easement, Restricti6ns and Operations Agreement recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of pine11as County, Florida, over, under and across the land described as follows: DRIVING LANE PARCEL A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pine1las County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet; thence South 89040'43" West, 263.09 feet to the Point of Beginning; thence South 00019'17" East, 95.48 feet; thence South 89040'43" West, '5.00 feet; thence North 00019'17" West, 105.48 feet; thence North 89040'43" East, 5.00 feet; thence South 00019'17" East, 10.00 feet to the Point of Beginning. PARCEL 7: Together with an easement in, to, over, under and across the areas not covered by buildings as they' exist from time. to time on Landowner's Parcel (as that term is defined in that certain Reciprocal Easement, Restrictions and Operation Agreement recorded in Official Records Book 8324, page 831, of the public records of pine1las County, Florida) for the purpose of installation,. operation, maintenance, repair, replacement, removal and relocation of utility Lines as defined in the Reciprocal Easement I Restrictions and Operations Agreement recorded in Official Records Book 8324, page 831, of the public records of pinellas County, Florida. Page 2 of 2 (1'" ') "-(1 -- J .},', .^" I'" ... .~ . . PREPARED BY AND RETURN TO: Michael A. Bedke, Esquire Rudnick & Wolfe 101 E. Kennedy Boulevard Suite 2000 Tampa, Florida 33602 SPECIAL WARRANTY DEED TIns INDENTURE, made and entered into as of J,; I I'{ , 1995 between NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida genbral partnership, whose address is Post Office Box 428, Mango, Florida 33550, hereinafter referred to as the "Grantor", and GRlFFININTERNATIONALINCORPORATED, a Florida corporation, whose address is 186 Bayside Drive, Clearwater, Florida 36430, hereinafter referred to as the "Grantee." WIT N E S SET H: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confmn unto the Grantee, its successors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, State of Florida, as more particularly described in the Exhibit "A" annexed hereto and by this reference made a part hereof, Parcel 1 of said property having as its tax identification number 23/29/15/00000/340/0310. TOGETIIER WITII all the improvements, tenements, 'hereditaments, and appurtenances thereto belonging or in anywise appertaining and together with all rights and easements of record. SUBJECT TO all matters listed in Exhibit "BII annexed hereto and by this reference made a part hereof. TO HA VE AND TO HOLD the above described premises, with the appurtenances, unto the said Grantee, its successors and assigns, in fee simple forever. And the Grantor does specially warrant the title to said land subject to the matters referred to above and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but not otherwise. IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed in its name, on the date set forth below its name, and by those thereunto duly authorized. WITNESSES: NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partnership By: JFI Land Company, a Florida corporation, as Partner- (t~~'). ~~ Printed Name: bAN/a ',. . o l.>AIV 0 ~ !!!;L; A. ~ Printed Name: ~;<:h.....1 A. {3eJ~e BY:~~~ tepnen L. J '. resident By: SU Land Company, Inc., a Florida corporation,- as Partner By: MBOI8I07/13/95 . . STATE OF FLORIDA ) ) COUNTY OF HlLLSBOROUGH ) The foregoing instrument was acknowledged before me this jifth day of July, 1995, by Stephen L. Jaeb, as President of JFI Land Company, a Florida corporation, as Partner of NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partners~ip, on behalf of said entity. He is personally known to me or has produced. FJ2,,_. d ~ -'~ as identification. ~ ~ ~~t.L?~ H. Printed Name: NOTARY PUBUC State of Florida at Large "nH." ~*Ii(lY rjl~~ PAULA K. CASEY f*: i*~ MY COMMISSION I CC422087 EXPIRES ~\ . '"#1 December 17,1998 "~iir:,n.~" BONDED lHRU TROY fAlH IHSIIIIAHCe, IHC. e. ~~r (Notarial Seal) My Commission Expires: STATE OF FLORIDA ) ) COUNTY OF HlLLSnOROUGH ) The foregoing instmment was acknowledged before me this I t(ff; day of July, 1995, by Stephen L. Jaeb, as President of SU Land Company, Inc., a Florida corporation, as Partner of NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partnership, on . behalf of said entity. He is personally known to me or has produced 19~" ~ (~::b A/o J.",uLI as identification. ,tutt" l~"W r~. PAULA K. CASEY IJ'(t;,.".*.. MY COMMISSION I CC422087 EXPIRES , ~~~ki December 17, 1998 . '~Hr:,fk\l'" aONOED TIlRU TROY fAIN INSURANCe, INC. ~~~.X': ~Of1= Printed Name: NOTARY PUBUC State of Florida at Large (Notarial Seal) Mr Commission Expires: MB0181 07/13/95 2 . . EXHIBIT "A" PARCEL 1: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, . being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Townshir 29 South, Range 15 East,Pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet to the Point of Beginning; thence South 00021'40" East, 719.93 feet; thence South 00044'35" West 192.00 feet to a point on the North right-ot- way line at Belleair Road; thence North 89015'25" West, 295.11 feet along said North right-at -way line; .thence leaving said North right-of -way lin.e, North 00019' 17" West, 192.03 ~eet; thence North 89015'25" West, 210.00 feet to a point on the East right-ot- way line of Highland Avenue; thence North 00019'17" West, 498.67 feet along said East right-at-way line;. thence leaving said East right-of-way line, North 89040'43" East, 245.00 feet; thence North 00019'17" West, 211.81 feet; thence North 89040'43" East, 263.09 feet to the Point of Beginning. PARCEL 2: Easement for the benefit of Parcel 1 as created by Reciprocal Easement, Restrictions and Operations Agreement recorded July 1, 1993, in Official .Records Book 8324, page 831, of the public records of Pinellas County, Florida, over, under and across the land described as follows: NON-EXCLUSIVE ROADWAY EASEMENT (SOUTHERN) A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 1080.37 feet; thence South 00044'35" West, 10.00 feet to the Point ot Beginnirig; thence South 21052'37" East, 39.00 feet; thence South 89015'25" East, 9.00 feet; thence South 00044'35" West, 146.00 feet; thence North 89015'25" West, 24.00 feet; thence North 00044'35" East, 182.00 feet to the Point of Beginning. PARCEL 3: Easement for the benefit of Parcel 1 as created by Reciprocal Easement, Restrictions and Operations Agreement recorded July I, 1993, in Official Records Book 8324, page 83i, of the public records of Pinellas County, Florida, over, under and across the land described as follows: NON-EXCLUSIVE ROADWAY EASEMEN'f (NORTHERN) A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 23, and go North 89007'57" West, 800.38 feet along the North boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 23, also being the centerline of Nursery Road to the Point of Beginning; thence South 00021'40" East, 360.44 feet; thence South 89040'43" l'lest, 33.76 feetj thence North 00005'22" West, 307.99 feet; thence along a curve to the left that has a radius of 35.00 feet, an arc length of 54.39 feet, a chord length of 49.08 feet, a chord bearing of North 44036'29" West; thence North 00052'03" ~ast, 18.70 feet to a point on the North boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 23, also being the centerline of Nursery Road; thence South 89007'57" East, 66.16 feet along said North boundary (the centerline of Nursery Road) to the Point of Beginning. PARCEL 4: Easement for the benefit of Parcell as created by Reciprocal Easement, Restrictions and Operations AgreemeQt recorded July 1, 1993, in Official records Book 8324, page 831, of the public records of Pinellas County, Florida, over, under and across the land described as follows: TEN FOOT S'l'RIP A parcel of land lying in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 ,of Section 23, Township 29 South, . Range 15 East, pinellas County, Florida, and go North 89007: 57" West 8'00.38 feet along the centerline of Nursery Roadj thence leaving said centerhne, South 00021'40" East, 350.44 feet to the Point of Beginning; thence continue South 00021'40" East, 10.00 feetj thence South 89040'43" West, 263.09 feet; thence North 00019'17" West, 10.00 feet; thence North 89040'~3" East, 263.08 feet to the Point of Beginning. Page 1 of 2 '. . . PARCEL 5: Easement for the benefit of Parcel 1as created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993, in Official Records Book 8428, page 2327" of the public records of pinel'las ,County, Florida, over, under and across the land described as follows: CROSS PARKING PARCEL: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet; thence South 89040'43" West, 263.09 feet; thence South 00019'17" East, 95.48 feet to the Point of Beginning; thence ~ontinue South 00019'17" East, 116.33 feet; thence South 89040'43" West, 245.00 feet; thence North 00019'17" West, 116.33 feet; thence North 89040'4311 East, 245.00 feet to the Point of Beginning. PARCEL 6: Easement for the benefit of Parcell as created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of pinellas County, Florida, over, under and across the land described as follows: DRIVING LANE PARCEL A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet; thence South 89040'4311 West, 263.09 feet to the Point of Beginning; thence South 00019'1711 East, 95.48 feet; thence South 89040'43" West, 5.00 feet; thence North 00019'1711 West, 105.48 feet; thence North 89040'4311 East, 5.00 feet; thence South 00019'1711 East, 10.00 feet to the Point of Beginning. PARCEL 7: Together with an easement in, to, over, under and across the areas not covered by buildings as they' exist from time to time on Landowner's Parcel (as that term is defined in that certain Reciprocal' Easement, Restrictions and Operation Agreement recorded in Official Records Book 8324, page 831, of the public records of Pinella~ County, Florida) for the purpose of installation, operation, maintenance, repair, replacement, removal and relocation of utility Lines as defined in the Reciprocal Easement, Restrictions and Operations Agreement recorded in Official Records Book 8324, page 831, of the public records of pinellas County, Florida~ Page 2 of 2 . . EXHmIT B I. Taxes and assessments for the year 1995 and subsequent years. 2. Easement in favor of General Telephone Company of Florida reCorded October 18, 1967, if Official Records Book 2696, page 440, of the public records of Pinellas County, Florida. (Affects Parcel 7). 3. Easement in favor of Florida Power Corporation recorded Febmary 23, 1983, in Official Records Book 5479, page 130, of the public records of Pinellas County, Florida. 4. Sidewalk Easement in favor of Pinellas County recorded January 29, 1990, in Official Records Book 7184, page 2105, of the public records of Pinellas County, Florida. 5. Easement in favor of the City of Clearwater, Florida, for water lines and for ingress and egress purposes recorded March 8, 1990, in Official Records Book 7218, page 1527, of the public records of Pinellas County, Florida. 6. Short Fonn Lease by and between North LakeIBelle Plaza Joint Venture, a Florida Joint Venture Partnership, and Winn-Dixie Stores, Inc., recorded April 24, 1990, in Official Records Book 7258, page 454, of the public records of Pinellas County, Florida. 7. Sidewalk Easement in favor of Pinellas.. County, recorded July 1, 1993, in Official Records Book 8324, page 828, of the public records of Pinellas County, Florida. (Affects Parcel 5). 8. Tenns, conditions, provlslOns, obligations and easements as contained in Reciprocal Easement, Restrictions and Operation Agreement recorded July I, 1993, in Official Records Book 8324, page 831; Amendment recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of Pinellas County, Florida. 9. Existing unrecorded leases and all rights thereunder of the lessees and of any person claiming by, through or under the lessees. . 10. Financing Statement recorded May 8, 1992, in Official Records Book 7902, page 1019 of the public records of Pinellas County, Florida. 11. Matters shown on Survey dated February 18, 1993, updated and recertified on June 27, 1995, as made by Lloveras, Bauer & Stevens, designated as Job No. 18877. PKC4461 . . PARCEL 5: Easement for the benefit of Parcell as created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993,in Official Records BooK 8428, page 2327, of the public records of PineYlas .County, Florida, over, under and across the land described as follows: CROSS PARKING PARCEL: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range lS'East, Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet; thence South 89040'43" West, 263.09 feet; thence South 00019'1711 East, 95.48 feet to the Point of Beginning; thence ~ontinue South 00019'17" East, 116.33 feet; thence South 89040'43" West, 245.00 feet; thence North 00019'17" ,West, 116.33 feet; thence North 89040' 43" East, 245.00 feet to the Point of Beginning. PARCEL 61 Easement for the benefit of Parcell as created by Amendment to Reciprocal Easement, Restricti6ns and Operations Agreement recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of pinellas County, Florida, over, under and across the land described as follows: DRIVING LANE PARCEI. A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet; thence South 89040'43" West, 263.09 feet to the Point of Beginning; thence South 00019'17" East, 95.48 feet; thence South B9040'43" West, '5.00 feet; thence North 00019'17" West, 105.48 feet; thence North 89040'43" East, 5.00 feet; thence South 00019'17" East, 10.00 feet to the Point of Beginning. . PARCEL 7: Together with an easement in, to, over, under and across the areas not covered by buildings as they' exist from time ,to time on Landowner's Parcel (as that term is defined in that certain Reciprocal Easement, Restrictions and Operation Agreement recorded in Official Records Book 8324, page B31, of the public records of pinellas County Florida) for the purpose of installation" operation, maintenance, repair, replac~ment, removal and relocation of Utility Lines as defined in the Reciprocal Easement, Restrictions and Operations Agreement recorded in Official Records Book 8324, page 831, of the public records of pinellas County, Florida. Page 2 of 2 . . CDB Meeting Date: October 21, 2003 Case Number: LUZ2003-08007 Agenda Item: F-7 OR/S/N4L CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER/APPLICANT: Griffin International, Inc. REPRESENTATIVE: Mr. Dushyant Gulati LOCATION: 1515 South Highland Avenue. REQUEST: (a) Land Use Plan amendment from the Residential/Office General Classification (RIO G) to the Commercial General Classification (CG) and (b) Rezoning from the 0, Office District to the C, Commercial District. SITE INFORMATION PROPERTY SIZE: 50,530 square feet or 1.16 acres DIMENSIONS OF PROPERTY: 263 feet wide by 192 feet deep m.o.I. PROPERTY USE: Current Use: Proposed Use: Retail sales and service Retail sales and service PLAN CATEGORY: Current Category: Proposed Category: ResidentiaVOffice General (RlOG) Classification Commercial General (CG) Classification ZONING DISTRICT: Current District: Proposed District: 0, Office C, Commercial Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08007 Page 1 - e EXISTING SURROUNDING USES: North: Vacant South: Single-family residential East: Single-family residential West: Single-family Residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves 1.16 acres of a 8.46 acre parcel of land located on the east side of South Highland Avenue, approximately 700 feet north of Belleair Road. The entire site is currently developed with an 84,830 square foot shopping center, LaBelle Plaza Shopping Center. The portion of the site which is the subject of this application has a FLUP designation of Residential/Office General (RIO G) and a zoning classification of 0, Office which does not permit stand alone retail sales, therefore this portion of the property is a legal non-conforming use. The applicant is requesting to amend the FLUP designation to the Commercial General (CG) classification and to rezone it to the C, Commercial District tor ender this portion 0 f t he parcel conforming. T he remainder 0 f the property, 7.30 acres, has a FLUP designation of Commercial General (CG) and is currently zoned C, Commercial District and is conforming. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval by the P inellas 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 the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 4.2.1 Policy - All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements ofthe Community Development Code. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 2 e e l- II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Commercial General (CG) category, as specified in Section 2.3.3.5.4 of the Countywide Rules, is to designate areas in the County that are now used, or appropriate to be used in a manner designed to provide community and countywide commercial goods and services and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] South Highland Avenue, between Nursery Road and Belleair Road, is characterized by a variety of uses including office, multi-family residential and commercial. Residential/Office General (R/OG) future land use is located to the north and south of the site, while Residential Low (RL) future land use is also located to the south of the site. Residential Low (RL) dominates the land use to the west of the property while Residential Urban (RU) land use is located to the east. The existing surrounding uses include single-family dwellings located to the west and south and multi-family residential dwellings located to the east. The property immediately adjacent to the north is currently vacant. The proposed FLUP designation and rezoning is in character with the overall FLUP designation of a majority of the property and is compatible with surrounding uses. IV. SUFFICIENCY OF PUBLIC FACILITIES As stated earlier, the subject site is approximately 1.16 acres in area and is currently developed with a variety of retail sales and service uses as part of a shopping center. Based on a maximum permitted floor area ratio (FAR) of 0.5 in the Residential/Office General (R/OG) category, a 25,265 square foot building could be constructed on this portion of the site. The allowable development potential in the Commercial General (CG) category is a FAR of 0.55 and could allow a 27,791 square foot building to be constructed on this 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 FLUP categories and are included in the next table. Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08007 Page 3 e e MAXIMUMP Betw~.enNurseryRoad Current Situation N/A N/A 12,163 Proposed Plan2 539 95 12,702 SouthHighlan(jAvenue: BelleairRoad Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Tri S3 Volume of South Highland Avenue from S.R. 580 to Enterprise Road LOS of South Highland Avenue from S.R. 580 to Enterprise Road N/A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of 170 trips per acre per day for the Residential/Office General Future Land Use Category. calculations of 465 trips per acre per day for the Commercial General Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan C C C C 2 = Based on PPC Any increased trips will be distributed to South Highland Avenue or Belleair Road. The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the South Highland Avenue from Nursery Road to Belleair Road a level of service (LOS) C. The potential increase in PM Peak trips to the surrounding roadways will be insignificant (less than three percent) in relationship to the existing capacity and will not have a negative effect on the segments level 0 f service. Its hould be noted that the site is currently developed with 9,075 of retail floor area and is included in the existing 84,830 square foot shopping center. No site changes or additional floor area is proposed at this time. 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. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 4 - e Existing Zoning/Future Land Use Plan Existing Retail sales and 389 N/A 68 N/A servIce 25,265 230 (-159) 36 (-32) Proposed Zoning/Future Land Use Plan Place of Worship (9.11 trips per 27,791 253 ( -136) 39 (-29) 1,000 square feet) Fast Food Restaurant (with drive-through window) 3,300 1,637 1,248 153 85 (496.12 per 1000square feet) Shopping Center (42.96 per 27,791 1,193 804 208 140 1,000 square feet) N/ A - Not Applicable Source: ITE Tri Generation Manual, 6th Ed., 1997 Based on the ITE Trip Generation Manual, the permitted uses will result in an increase in PM Peak trips to the surrounding roadways that is insignificant (less than two percent) in relationship to the existing capacity. The transportation impacts associated with the proposed land use plan amendment and rezoning will be minimal and the LOS for South Highland Avenue 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 South Highland Avenue. Water The current FLUP category could demand up to 2,526 gallons per day. Under the proposed FLUP category, water demand could approach approximately 2,779 gallons per day. The existing use will not negatively affect the City's current LOS for water. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 5 ~ e e Wastewater The current FLUP category could produce up to 2,021 gallons of wastewater per day. Under the proposed FLUP category, sewer demand could approach approximately 2,223 gallons per day. The existing use will not negatively affect the City's current LOS for wastewater. Solid Waste The current FLUP category would result in the production of 129 tons of solid waste per year. Under the proposed FLUP category, 142 tons of solid waste could be generated per year by a retail building. The existing use will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed FLUP amendment and rezoning will not impact the LOS of recreational acreage or facilities due to the non-residential land use classification. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] The site is developed with a shopping center and currently meets all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. No further development of the subject property is proposed at this time. Should the site be the subject of redevelopment, site plan approval will be required. At that time, the s tormwater management system will continue to be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. The location of the proposed Commercial District boundaries are logical and consolidates this site into the appropriate zoning district which governs the remainder of the site (7.3 acres) based on ownership by Griffin International, Inc. South Highland Avenue, between Nursery and Belleair Roads, is characterized by a variety of uses including office, multi- family residential and commercial. Office zoning is located immediately to the north of the site and Commerical is adjacent to the south. Low Medium Density Residential zoning is located to the east and Office is located immediately adjacent to the west. The existing surrounding uses include commercial and single-family dwellings located to the south, single-family dwellings to the west and multi-family residential dwellings located to the east. The property immediately adjacent to the north is currently vacant. The proposed zoning category is in character with the zoning of the majority of the overall property and is compatible with surrounding uses. Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08007 Page 6 . e VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.] The existing land use plan category and zoning district permit a floor area ratio (FAR) of 0.5 and an impervious surface ratio (ISR) of 0.75. The proposed Commercial General land use category and Commercial District is nominally more intensive and permits a FAR of 0.55 and ISR of 0.95. The size of the subject site is 50,530 square feet, and exceeds the minimum lot area requirement of 10,000 square feet and minimum lot width requirement of 100 feet for the Commercial District. Therefore, the parcel meets the size requirements of the proposed District and the proposed use is permitted in the Commercial District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. The site has been developed with an 84,830 square foot shopping center of which 9,075 square feet is currently located on the subject site. Transportation concurrency is currently met, however, any changes to the site will require that the property owner comply with all laws and ordinances in effect at the time development permits are requested. The existing use of this property is consistent with the Commercial zoning district regulations. SUMMARY AND RECOMMENDATIONS An amendment 0 fthe FLUP from ResidentiaVOffice General (RiOG) to Commercial General (CG) and a rezoning from 0, Office District, to the C, Commercial District for the subject site is requested. The subject site (1.16 acres) in combination with the greater site (8.46 acres in total) as a whole exceeds the minimum requirements for the existing use of the property as retail sales and service. Multi-family residential dwellings to the northeast and single-family residential dwellings to the north and east characterize the neighborhood. A variety of non-residential uses exist to the west and south. The proposed land use amendment and rezoning will be compatible with the existing neighborhood and will consolidate the remainder of the Griffin International, Inc. holding into the appropriate land use category and zoning district. No change to the existing shopping center (retail sales and service) is proposed. The proposed Commercial General (CG) Future Land Use classification and C, Commercial District zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 7 e - Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: 1. Land Use Plan amendment from the Residential/Office General Classification (R/OG) to the Commercial General Classification (CG) and 2. Rezoning from the 0, Office District to the C, Commercial District. Prepared by Planning Department staff: ~ ~ Mark T. Parry, Planner Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:IPlanning DepartmentlC D HiLand Use AmendmentslLUZ 2003ILUZ2003-08007 1515 South Highland AvenueILUZ2003-08007 Staff Report. doc Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08007 Page 8 View looking southeast View looking east View looking northeast . View looking east View looking northeast of bulk of shopping center View looking northeast of shopping center LaBelle Plaza LUZ2003-08007 1515 South Highland Avenue Aerial Photograph Owner Griffin International. Inc. Case: LUZ2oo3-o8007 Site: 1515 South Highland Avenue 1.16 Land Use Zoning PIN: 23/29/15/00000/340/0310 From: R/OG o (City) To: CG C (City) A tlas Page: 315A . - IDI ~ ~ ~ :'i ~ iE PROJECT SITE Location Map Site: 1515 South Highland Avenue Case: Property SizefAcresl: LUZ2003-08007 Owner Griffin International. 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I . . ----I r-- I ~ r------ , I I 4"'----'--' . . L... .~ D -AA , ,', :-- J560 , I . . , I' I I 1_-. - ---, , , , , , , , , '-. .J5t1O ... .- I I , . , . I' " , , . , :__ _I ': I ....:.. : -:. , -, ~-_.._-' :-,~--'; . ; ~. I~.. .. ............ 1.'--' " ',!tl ........ ~. 'Iii, i-I . ' , ' . : '.- roo") Surrounding Zoning Map Griffin International, Inc. 1515 South Highland Avenue Land Use R/OG CG Zoning o (City) C (City) Case: Property SizelAcresl: LUZ2003-Ga007 1.16 PIN: 23/29/15/00000/340/0310 Atlas Page: 315A '.J.Sbo ft! R ~ i ", ,'"'---' . . , I , , -; 1516 . I . " , IlM , , - , , .' 15~0 , --, , , , i . JSr' , !: ~! .._~ . ~......: -'__i'" --.-.....! --.....--. . ~:-.._-. . . . -.-...... .-, .... "'_ "--~,-"",1 , , I f'~~~: :~::1':"",: ""~"~a ...' ',', '.,'.,.",.,"'" " ", '.>)~ i ',".",',..... '""i' ',' ',,' ""':,i'.., .. ..",".~...., '",,' ----:','.;..,'~~, "'-C,,:' ",:,,: "', __.:...-:.t , 1I.'. ,~ :-.-:: . 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Case: LUZ2003-08007 Site: 1515 South Highland Avenue Property 1.16 Size (Acresl : Land Use Zoning PIN: I 23/29/15/00000/340/0310 From: R/OG o (City) To: CG C (City) Atlas Page: 315A _I .., I ' .. " ~_L.~ I , " ~:J5S0 r I '\ ~ :_t.~6 -, : ' :.....'l~O ..-- -I , , ..., " : J_sj. i"-i o ,I : 1634 : ....i " _:~ _r---, , I , ,- I 15016 I I I, ,~I '-. 15/;0 I.--~.' , " Ii J~16'; ',,- .--, , . I I , : '.- I I J~O , , , : lSr' :-~A'--; , - ~t :~.. ,....... ,.... <It ".1e : ut, ~----. , .--c.~.- ,_...... . . '- _: C-1~r -- . ' , ..__.1 ,_ . . . . :--.--....---,.: , , R/OG--! , . ~---: 15~ 1<483 1471 1489 1556 :t5~ . , ~_. -' 1AG5h' . :--~ C . . .---------, . 1532 1536 R/OG-: : . "_, :':'-'-,:'.',",:-c','-:,,' ,,_ ,,'':.;''," ~lt_.. " . ~.' ,; ;,~'::'1,J~' '.:';' ';~~'--" 1513 R/OG ~' '~52.1- , 1523 ;' 1~~9 , 1529 ~I 1531 , 1533 , 1535 ;' 1537 . . ,,' 1543 : 1545 : 1547 : . .- , , , , ,,' , ',--:'~""" ""~'.., "v'" "v" 1535 15'00 , 1549 , , 1555 , , C~ .. . , , : 1557 : 1ci59 !___m____h. .: 1563 : ,5~,567 :' 1569 : 15b 1571 : : 1575: i 1577l:-..__mmm . , ~ ~ ,- . ,. , , " '.. 1~ , , , , ,-' , , " '.......",') , , , , , ' " ,,' ''', r-...----- , ' , : '. -.., , , " ,--.--, , , , , ~._.._-j ---. :--.. : "'-,- , "...... ,.1,1 ~#,.. it&ti ...... . .' " t ....~. : .... , 0::, l, -, __. ..........-. future Land Use Map Owner Griffin International. Inc. Site: Land Use 1515 South Highland Avenue From: To: R/OG CG Case: LUZ2003-QaOO7 Zoning o (City) C (City) 1.16 PIN: I 23/29/15/00000/340/0310 Atlas Page: 315A . . Clearwater City Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item # Meeting Date: 11-20-03 SUBJECT/RECOMMENDA TION: APPROVE the Land Use Plan Amendment from Residential/Office General (RIO G) to Commercial General (CG), and Zoning Atlas Amendment from 0, Office District to the C, Commercial District for property located at 1515 South Highland Avenue (consisting of a 1.16 acre portion of Parcel 1 of the Labelle Plaza Shopping Center, in Section 23, Township 29 South, Range 15 East) and PASS Ordinance Nos. 7207-03 & 7208~i<lfnpl the Future Land Use Plan Map and Zoning Atlas for this property. r L I: (Ll JZ?003 OIWQ7) IZI and that the appropriate officials be authorized to execute same. SUMMARY: The subject site is comprised of a portion of one parcel of land, 1.16 acres in area, located at 1515 South Highland Avenue, generally at the northeast comer of South Highland Avenue and Belleair Road and is part of a larger parcel of land totaling 8.46 acres and known as the LaBelle Plaza. When the property was developed with a shopping center in 1990, only offices were planned to be located on the subject parcel which had a land use plan designation of Residential/Office General (RIO G) and was zoned OL, Office Limited with retail shops to be located within the remainder of the development. The property was rezoned to the 0, Office District when the new Community Development Code was adopted in 1999. The applicant, Griffin International, Inc., is requesting to amend the Future Land Use Plan designation to the Commercial General (CG) classification and to rezone it to the C, Commercial District to consolidate the entire shopping center in the same land use and zoning categories and enable the applicant to rent this portion of the center for retail, restaurant and/or office uses. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: · The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. · The proposed use is compatible with the surrounding area. · Sufficient public facilities are available to serve the property. Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total (Mark T. Par ) Budget N/A Public Works N/A User Dept.: Funding Source: Purchasing N/A DCM/ACM Planning Current FY CI Risk Mgmt N/A Other Attachments: Ordinance OP Nos. 7207-03 & 7208-03 STAFF REPORTS Other D None Appropriation Code: Printed on recycled paper S:\Planning Department\C D B\Land Use Amendments\LUZ 2003\LUZ2003-08007 1515 South Highland Avenue\LUZ2003-08007 CC cover memo. FINAL.doc 'i. . ":;;. . . . The applications will not have an adverse impact on the natural environment. Please refer to the attached report for the complete staff analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment site, review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on October 21, 2003 and unanimo)lsly tecommended approval of both applications. "'''''",....................... . . NOTICE OF REZONING AND LAND USE PLAN AMENDMENT PUBLIC HEARING Schedule of Public Hearings: Tuesday, October 21,2003 before the Community Development Board, at 2:00 p.m. Thursday, November 20,2003 before the City Commission (1st Reading), at 6:00 p.m. Thursday, December 4,2003 before the City Commission (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. (Griffin International, Inc.) LUZ 2003-08007 NOTE: All persons wishinfl to address an item need to be present at the BEGINNING of the Communitv Development Board meetinfl. Those cases that are not contested bv the applicant. staff. neiflhborin/! propertv owners. etc. will be placed on a consent aflenda and approved bv a sin/de vote at the beflinnin/! of the meetinfl. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7207-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSNE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SOUTH HIGHLAND AVENUE, APPROXIMATELY 700 FEET NORTH OF BELLEAIR ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1515 SOUTH HIGHLAND AVENUE, FROM RESIDENTIAL/OFFICE GENERAL TO COMMERCIAL GENERAL; PROVIDING AN EFFECTNE DATE. ORDINANCE NO. 7208-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF SOUTH HIGHLAND AVENUE, APPROXIMATELY 700 FEET NORTH OF BELLEAIR ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1515 SOUTH HIGHLAND A VENUE, FROM OFFICE (0) TO COMMERCIAL (C); PROVIDING AN EFFECTNE DATE. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Commission, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. An oath will be administered swearing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL 33756, or call (727) 562-4567. Gina Clayton Planning Department City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 Cynthia E. Goudeau, CMC City Clerk YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COpy OF THIS AD IN I.GE PRINT IS AVAILABLE IN THE CITtLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Ad: 10/05/03 & 11/16/03 t /' . . " PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM \... ~ I AGENDA ITEM: IVB-IO. I MEETING DATE: December 17,2003 SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential/Office General - RlOG To: Commercial General - CG Area: 1.3 acres CASE #: CW03-83 JURISDICTION: Clearwater LOCATION: Northeast comer of Highland A venue and Belleair Road TYPE: Regular Map Amendment RECOMMENDATION: Council, Based On Accompanying Findings (I. A~ & B. [1-6]), Recommend That the Proposed Amendment to Commercial General Be Approved. L FINDINGS 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 considered a "regular" amendment because it. exceeds the subthreshold size limitations in the Countywide Rules and because it impacts one or more of the six Relevant Countywide Considerations contained in the Countywide Rules. The two impacted considerations are Consistency with the Countywide Plan and Rules and Adopted Level of Service (LOS) Standard. B. A summarized evaluation of the impact of t.'1e amendment on the SIX Relevant Countywide Considerations is as follows: PINELLAS PLANNING COUNCIL ACTION: The Council recommended approval of the amendment from Residential/Office General to Commercial General. (Vote 12-0) I COUNTYWIDE PLANNING AUTHORITY ACTION: I 1 I :'.USERS'WPDOCS'LU ,CASES ,03 cases'Decon ber\Reports\CW03-83r.cJw.doc ~. . ltfe) PINELLAS PLANNING COUNCIL COUNCIL MEMBERS Keith Lawes Global Financial Services, LLC 300 - 6th Street No., Suite 7 Safety Harbor, FL 34695 Mayor Robert H. DiNicola, Chm. Mayor Robert Jackson, Ph.D., Vice Chm. Mayor Frank DiDonato, D.C., Treas. Commissioner Calvin D. Harris, Sec. Councilor Pete Bengston Mayor Jerry Beverland Vice-Mayor Sandra L. Bradbury Mayor Tom De Cesare Councilmember Bill Foster School Board Member Jane Gallucci Vice-Mayor Bob Hackworth Vice-Mayor Hoyt Hamilton Commissioner Nadine S. Nickeson December 19,2003 David P. Healey, AICP Executive Director Re: Case #CW 03-82 Dear Mr. Lawes: A copy of the Council's recommendation from its December 17,2003 meeting to approve the amendment is enclosed for your information and records. This is to notify you that, pursuant to County Ordinance No. 96-23 establishing procedures for public hearing, the recommendation of the Pinellas Planning Council to be considered by the Countywide Planning Authority on January 6, 2004, in the above referenced matter is available for your inspection. 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 , . . .~~~. ,t~~~~ ~~_~/_ e ~ '~}j~. ~.~l ~~,.,,} CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPMENT REviEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIIDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 19, 2003 Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2003-08007- Application to Amend the Countywide Future Land Use Plan Dear. Mr. Healey: The City of Clearwater requests an amendment to the Countywide Future Land Use Plan to change RlOG land use to CG of one parcel of land totaling 1.16 acres for property located at 1515 South Highland Avenue. This amendment was passed on first reading at the November 20, 2003 City Commission meeting. Attached please find all of the required information for this request. If you need any additional information, please contact me at 727-562-4558. Sincerely, ~---- --/ --- Mark T. Parry Planner Attachments: Staff Maps Staff Reports Ordinance no. 7207-03 Ordinance no. 7208-03 S:\Planning Departmen^C D B\Umd Use Amendments\LUZ 200J\LUZ2003 -08007 1515 South Highland A venue\PPC\LUZ2oo3- 08007 PPC Transmittalltr.doc BRIAN J. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BIU.]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER * SUBMITTING GOVERNMENT ENTITY: CITY OF CLEARWATER PPC OR CITY/TOWN CASE NUMBER: LUZ2003-08007 PROPERTY OWNERS: Griffin International, Inc. REPRESENTATIVE: MR. DUSHY ANT GULATI GRIFFIN INTERNATIONAL, INC. 186 BA YSIDE DRIVE CLEARWATER, FLORIDA 33767 ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interests: N/ A Contingent: N/ A Absolute: N/A Name: N/A Specific Interest Held: N/ A 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: N/A INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: All Parties To Option: Name: N/A Name:N/A ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIGNED BY PLANNING COUNCIL STAFF S:IPlanning DepartmentlC D BILand Use AmendmentslLUZ 20031LUZ2003-08007 1515 South Highland AvenueIPPClLUZ2003-08007 PPC DISCLOSURE STATEMENT doc · APPLICATION FOR eUNTYWIDE FUTURE LANDeE 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 RlOG 2. Proposed Countywide FLUP Designation CG II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number L UZ2003-08007 RlOG (CITY) o (CITY) CG (CITY) C (CITY) 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) of area(s) proposed to be amended (include Section!Twp/Rng/Sub/Blk/Lot) 2. Acreage 23/29/15/00000/340/0310 1.16 3. Location 1515 South Hie:hland Avenue 4. Existing use Retail sales and service 5. Existing density N/A 6. Name of project (if applicable) La Belle Plaza IV. Verification of Local Action 1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map; and/or copy of local ordinance proposing/approving plan amendment authorizing request for amendment of Countywide Plan Map. V. Other Pertinent Information 1. Submittal letter from the local jurisdiction to the Executive Director requesting amendment to the Countywide FLUP. x 2. Disclosure of Interest Statement with names and addresses of the application! representative and property owner. x 3. Proposed local ordinance number and status. x X 4. Staff report and local action to date. 5. Attach local plan and zoning maps. 6. Include proposed demarcation line for environmentally sensitive areas (if applicable). X X 7. Legal description. X 8. Map clearly indicating amendment location. X 9. Plan Amendment Application. X S:\Planning DepartmentlC D EILand Use AmendmentslLUZ 2003\LUZ2003-08007 1515 South Highland Avenue1PPCILUZ2003-08007 PPC FLUP APPLICA TION.doc CITY OF CLEARWATER August 27,2003 Gulati - Page Two loNG RANGE PlANNING DEVELOPMENT REvIEW PIANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FWRlDA 33758-4748 MUNICIPAL SERVICES BUilDING, 100 Soum MYRTI.E AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 11/20/03 City Commission (first reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3'd Floor of City Hall at 112 S. Osceola A venue. 12/4/03 City Commission (second reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3'd Floor of City Hall at 112 S. Osceola Avenue. August 27,2003 Pinellas Planning Council, meeting starts at 9:00 a.m. in the Board of County Commissioners Assembly Room on the 5th Floor of the Pinellas County Courthouse at 315 Court Street. Countywide Planning Authority, meeting starts at 6:30 p.m. in the Board of County Commissioners Assembly Room on the 5th Floor of the Pinellas County Courthouse at 315 Court Street. (:. If you have any questions, please do not hesitate to contact me at 727-562-4558. 1/6/04 12/17/03 Mr. Dushyant Gulati Griffin International, Inc. 186 Bayside Drive Clearwater, Florida 33767 e:alE RE: Application for Land Use/Zoning amendment (LUZ2003-08007) to change Residential/Office General (RlOG) land use to Commercial General (CG) and to change the zoning from Office (0) (City) to Commercial (C) (City) of a portion of a parcel of land totaling 1.16 acres located at 1515 South Highland Avenue. Sincerely yours, .~ ~ Planner Dear Mr. Gulati: The Planning Department has reviewed your application for the Land Use/Zoning amendment (LUZ2003-08007) for the site at 1515 South Highland Avenue. After a preliminary review, staff determined that the application is complete. If you have an email address and/or a cell number please forward them to me at your convenience. The application has been entered into the Department's filing system and assigned the case number LUZ2003-08007. The following schedule has been tentatively established for the review of your application by various City boards. These meetings are necessary in order to process your request appropriately. The attendance by you or your client is required at the Development Review Committee and Community Development Board meetings. Should any of the following meeting times and/or locations change you will be contacted immediately. 9/18/03 Development Review Committee, time to be determined (Please call Sherrie Nicodemus at 727.562.4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed.); in the Planning Department conference room - Room 216 - on the second floor of the municipal service building, 100 South Myrtle Avenue in Clearwater. The case will be forwarded to the Community Development Board when it is deemed sufficient. '. 10/21/03 Community Development Board, meeting starts at 2:00 p.m. in the City Commission Chambers on the 3'd Floor of City Hall at 112 S. Osceola Avenue. S:\PIanning DepartTnLnf\C D B\L1Jnd Use Amendments\LUZ 200N..UZ2003-08007 1515 South Highland Avenue\LUZ2003-08007 complete lIT. doc BIHAN J. AUNGST, MAYOR-COMMISSIONER HoYf HAMilTON, VICE J'..1AVOR-COMMI5SI0NER WHITNEY GRAY, COMMISSIONER FRM'K HUlBARD, COMMISSIONEH * BUJ.]ONSON, COMMISSIONER "EQUAl. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" .' . . UJ (}11l .. (}1fu t?lt PINELLAS COUNTY BOA~D OF COUNTY COMMISSIONE~S PHONE (727) 464-3276 . FAX (727) 464-3022 . 315 COURT STREET. CLEARWATER, FLORIDA 33756 SUSAN LATVALA COMMISSIONER ,. January 6, 2004 J J ,-\ i ~ ,) I ':.' '-f LuU4 The Honorable Brian Aungst, Mayor City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Mayor Aungst: At its January 6,2004 meeting, the Board of County Commissioners, acting as the CPA, took action to approve Cases #CW 03-82 and #CW 03-83, which were initiated by your City. The Ordinance associated with these actions is attached. Sincerely, ~ SUSAN LATVALA Chairman Pinellas County Commission Attachment cc: Cyndi Tarapani, Planning Director CPA\ColTesp.ck.pg 4 "PINELLAS COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER" o PRINTED ON RECYCLED PAPER ,. , " . . ORDINANCE NO. AN ORDINANCE AMENDING THE COUNTYWIDE FUTURE LAND USE PLAN OF PINELLAS COUNTY, FLORIDA, BY ACTION ON CASE NUMBERS CW 03-82 AND CW 03-83 INITIATED BY THE CITY OF CLEARWATER AND TRANSMITTED TO THE BOARD IN ACCORDANCE WITH THE SPECIAL ACT; PROVIDING FOR AMENDMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING OF THE ORDINANCE AND FOR AN EFFECTIVE DATE WHEREAS, proposed amendments to the Countywide Future Land Use Plan, which is an element of the Countywide Comprehensive Plan of Pinellas County, Florida, have been presented at a public hearing to the Board of County Commissioners in their capacity as the Countywide Planning Authority; and WHEREAS, notices and advertisements of public hearings have been accomplished as required by Chapter 73-594, Laws of Florida, as amended; and WHEREAS, procedures of the Special Act and County Charter have been followed concerning the Pinellas Planning Council and the Countywide Planning Authority for proposed amendment to the Countywide Future Land Use Plan; and WHEREAS, the City of Clearwater initiated proposed amendments which were considered at a public hearing by the Pinellas Planning Council on December 17, 2003, with recommendation made by the Council that is documented in the Council report referred to as Attachment A; and WHEREAS, the Board has conducted a public hearing and taken action that is documented by ordinance for approvals or partial approvals and partial denials and by resolution for denials, with both documents including the relevant Council reports as attached. . . NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida, acting as the Countywide Planning Authority in regular meeting duly assembled on January 6,2004, as follows: Section 1 - Amending the CountyWide Future Land Use Plan The Countywide Future Land Use Plan for Pinellas County adopted in Section 3(a) of Ordinance 89-4 is amended to reflect the change adopted as follows: #CW 03-82 3.4 acres located on the south side of Druid Road and approximately 600 feet west of U.S. Highway 19, from Residential Urban and Residential/Office General to Residential Low Medium and Preservation. #CW 03-83 1.3 acres located on the northeast comer of Highland Avenue and Belleair Road, from Residential/Office General to Commercial General. Section 2 - Severability If any Section, Subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by a Court of Competent Jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Section 3 - Filing of Ordinance: Effective Date A certified copy of this ordinance shall be filed with the Secretary of State with the Ordinance and Attachment "A" to be filed with Clerk of the Circuit Court. This Ordinance shall take effect upon filing with the Department of State. rINELLAS PLANNING COUNCIL AGENDA MEMORANDUM I AGENDA ITEM: IV B-]O. MEETING DA TE: December 17, 2003 SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential/Office General - R/OG To: Commercial General - CG Area: 1.3 acres CASE #: CW03-83 JURISDICTION: Clearwater LOCATION: Northeast comer of Highland Avenue and Belleair Road TYPE: Regular Map Amendment RECOMMENDATION: Council, Based On Accompanying Findings (I. A~ & B. [1-6]), Recommend That the Proposed Amendment to Commercial General Be Approved. 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 considered a "regular" amendment because it exceeds the subthreshold size limitations in the Countywide Rules and because it impacts one or more of the six Relevant Countywide Considerations contained in the Countywide Rules. The two impacted considerations are Consistency with the Countywide Plan and Rules and Adopted Level of Service (LOS) Standard. B. A summarized evaluation of the impact of the amendment on the SIX Relevant Countywide Considerations is as follows: PINELLAS PLANNING COUNCIL ACTION: The Council recommended approval of the amendment from Residential/Office General to Commercial General. (Vote 12-0) COUNTYWIDE PLAN~NING AUTHORITY ACTION: 1:\USERS\\\'PDOCS'l.U\CASES'D3 caseslDec<mb....\ReponsICW03-83r .cl"'.cIoc SUBJECT: Case #CW 03-83 - Clearwater 1) Consistency with the Countywide Plan and Rules - The proposed amendment to Commercial General is consistent with the subject property's existing use as a shopping center; there is no change in use proposed at this time. The amendment is also compatible with the surrounding land uses and the intersection's character as a neighborhood retail/service node. Therefore, the proposed amendment is consistent with the Countywide Plan and Rules. 2) Adopted Roadway Level of Service (LOS) Standard - The proposed amendment increases the potential traffic from the site by 384 vehicle trips per. day. Using traffic volumes reported in the Metropolitan Planning Organization's 2003 Annual LOS Report, Belleair Road is operating at LOS "D" from Lake Avenue to Missouri A venue, and HigWand A venue is operating at LOS "D" from Nursery Road to Belleair Road. The additional traffic that could be generated by the proposed amendment does not lower the existing or projected (Year 2025) LOS on any of these roadway segments. 3) Scenic/Non-Commercial Corridors (SNCC) - The proposed amendment area is not located on a SNCC; therefore, these policies do not apply. 4) Coastal Hi2h Hazard Areas (CHHA) - The proposed amendment area is not located within a CHHA; therefore, these policies do not apply. 5) Desi~nated Development/Redevelopment Areas - The proposed amendment area is not located within a Community Redevelopment District, Central Business District, or Activity Center. 6) Adjacent To or Impactin2 An Adjoinin2 Jurisdiction or Public Educational Facility - The amendment area is not adjacent to, nor does it adversely impact, another jurisdiction or a public educational facility. In consideration of and based upon these findings, it is recommended that the Droposed amendment of the Countywide Plan Map to Commercial General be approved. 2 SUBJECT: Case #CW 03-83 - Clearwater lL BACKGROUND This regular amendment to the Countywide Plan Map has been submitted by the City of Clearwater to the Council for review in accordance with Division 5.5 of the Countywide Rules. Parcel ID#: Portion of 23-29-15-00000-340-031 0 Existing Use: Shopping Center Proposed Use: Shopping Center Analysis: The proposed amendment would change the designation of a 1.3-acre portion of La Belle Plaza shopping center from Residential/Office General to Commercial General. The majority of the shopping center parcel (the remaining 7.0 acres) is designated Commercial General; this amendment would consolidate the existing building under the same Future Land Use Plan (FLUP) category. Due to the size of the amendment area and the Countywide Plan category proposed by the City, the amendment is considered a regular amendment and has been reviewed according to two Relevant Countywide Considerations: Consistency with the Countywide Plan and Rules, and Adopted Roadway Level of Service (LOS) Standard. An analysis of each of these considerations follows. Consistency with the Countywide Plan and Rules: The amendment area includes the northernmost portion of La Belle Plaza shopping center, located at the northeastern comer of the intersection of Highland Avenue and Belleair Road. This intersection has developed as a neighborhood commercial node within the generally residential area, and the uses at the comer are assigned the Residential/Office General and Commercial General FLUP categories. The requested amendment would change the designation of a 1.3-acre portion of the larger parcel from Residential/Office General to Commercial General, the same category as the majority dfthe parcel. As enumerated by Section 2.3.3.4.2 of the Countywide Rules, the Residential/Office General category does not permit retail uses and therefore none have been permitted in this northernmost portion of La Belle Shopping Center. Instead, the storefronts are occupied by three offices (mortgage, real estate, and title insurance), which are primary uses in the Residential/Office General category. The existing building within the amendment area is at a floor area ratio (FAR) of 0.16, well below both the standard FAR in the Residential/Office General category (0.30), and the maximum FAR allowed (0.50). The proposed Commercial General category allows retail and commercial uses that are not permitted within Residential/Office General, including the types of uses that occupy most of La Belle Plaza: grocery store, restaurants, shops, and other neighborhood-oriented businesses. Commercial General allows development at up to 0.55 FAR, with a standard FAR of 0.33. 3 SUBJECT: Case #CW 03-8 - Clearwater Therefore, the main impact of the amendment would be to expand the range of uses that would be permitted in the existing storefronts in this area. Neither expansion nor redevelopment of the shopping center are proposed at this time; the shopping center was recently renovated to include a new Publix grocery store. Other surrounding uses include a vacant parcel to the north and west designated ResidentiaVOffice General, and multi-family residences, designated Residential Urban, to the east. Although Residential/Office General would typically be more compatible with residences than Commercial General uses, in this case, the Commercial General category has already been established in this location; this amendment is a relatively minor expansion of the shopping center, which has been built in a manner that is compatible with the adjacent residences. The Goals, Policies and Economic Assumptions of the Countywide Comprehensive Plan (Countywide Plan) state that "Land planning should weigh heavily the established character of pre-dominantly developed areas when changes of use or intensity of development is contemplated." The proposed amendment is consistent with this policy. Finding that the amendment area is an appropriate location for the Commercial General category and compatible with the surrounding uses and FLUP designations, the proposed amendment to Commercial General is consistent with the Countywide Plan and Rules. Adopted Roadway Level of Service (LOS) Standard: The amendment from Residential/Office General to Commercial General increases the potential traffic that could be generated by development of the site by 384 vehicle trips per day. Using traffic volumes reported in the Metropolitan Planning Organization's 2003 Annual LOS Report, Belleair Road is operating at LOS "D" from Lake Avenue to Missouri A venue, and Highland A venue is operating at LOS "D" from Nursery Road to Belleair Road. The additional traffic that could be generated by the proposed amendment does not lower the existing or projected (Year 2025) LOS on any of these roadway segments. A summary of the traffic impact analysis is included as Attachment 1. Local Government Transmittal: On November 20, 2003, the City Commission, acting as the applicant local government, gave initial approval to amend the City's Comprehensive Plan, and authorized an application for amendment of the Countywide Plan Map. In summary, the proposed amendment to Commercial General is consistent with the Countywide Plan and Rules and the subject area is an appropriate location in which to apply this Countywide Plan category. It is recommended that the proposed amendment of the Countywide Plan Map to Commercial General be approved. 4 " SUBJECT: Case #CW 03-83 - Clearwater Planners Advisory Committee (PAC): At its meeting on December 8, 2003, the PAC recommended approval of the staff recommendation (Vote 12-0). The draft minutes of the meeting are included as Attachment 4. III. LIST OF MAPS & ATTACHMENTS Map 1 Location Map 2 Countywide Plan Category & Jurisdictional Map - Black & White Map 3 Aerial- Black & White Map 4 Countywide Plan Category - Color Attachment I Calculation of Traffic Impacts Attachment 2 PPC Disclosure of Interest Form Attachment 3 Local Government Transmittal Package Attachment 4 Draft PAC Minutes 5 ......>'."..:..., ". .:;..'F....,. 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CW03-83 ~ ~ PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF THE PINEll..AS COUNTY PROPERTY APPRAISER, JIM SMITH Produced by MEDIT V2.1, Copyright 1991,1992 Pinellas County, Florida Property Appraiser. All Rights Reserved. RL HIt. RL [ : , I STREET i ! ~j Z , W ' ~. -- --- ; . . l . , : R( l~ . ';">.i;:iftMON STREET i STREET 'i :j :1 ,I, :1' :j: 'I' , i DRIVE I i I Ii :' STREET I i I WILDWOOD I ,I I I ~L i w ::> z w > I ... I. W ~ iRL > ~ W ! ~ 0 a: w ;; 0 a: z z ... ::> w ... >- ... --I a: III u w I lD a: w I t- BAYVIEW z DRIVE ~ , / I ! i RU I I ! I I I I MAP 2 PROPOSED AMENDMENT CASE NO. CW03-83 1;;~X;:t,'l['~iit,ll CITY OF CLEARWATER CITY OF LARGO ACREAGE: 1.3 ~ SCALE: I" = 400' FROM: Residential/Office General TO: Commercial General (CG) (RjOG) I~I PI~:'~~~ED~~~~I~p~?,~p:~E~ APPRAISE~ 'IN SNITH GRAPHICS CREATED USING MEDIT VERSION 2.1 @ . CASE NO. CW03-83 MAP 3 N -. NOT TO SCALE D JU!SIDENT1AL URBiN FROM: TO: R/OG RES~~/OFFJCE ACREAGE: L3 RESIIlENTU1. l.01f KEDIUM RESIIlrNTUL IIEDIUM RESIIlENTU1. mGll RESIIlrNTUL VERY BIGIl MIXED USE ~~ ~d~mk RJ:SIDENTU1./ omCE/RETAIL RESORT FACIIJTIES OVERL!.Y RESORT F ACIIJTIES IIEDlUl! . RESORT FACIIJTIES mGR CG COMMERCIAl GENERAL COMMERetI.L INDUSTRIAL r ~ SCALE 1" = 400' CO)OlEJlClAI. NEIGHBORHOOD COIDIERCJAI. UMITED COIDIERCJAI. RECREATION CO){l(D!CJAI. GENERAL INDUS'I'IlIAI. UMITED INDUS'I'IlIAI. GENERAL PUBJJC/SEYI-PUBJJC SPECIAL....DESIGNA TI&N PJU!SERVATlON ~ ~E ~~Ji~ ~ ~\;t~g6101ERCJAI. ~ CORJUDOR 1NS'I'ITllT10NAI. ~ ~~ CENTERI ~ SECONDAJlY [ J ~RTmONI ~~1aNT DISTRICT CENTRAL BUSINESS DISTRICT MAP 4 CASE NO. CW03-83 J PINEWS PLANNING COUNCIL GlW'BJCS PREPARED BY 'I'BE oma or 1BE PINEU.lS COUNTY PROPIlIm' APPRAISI!Il. mI SIII7Il GlW'IDCS PREPARED USING MEDlT 'ft:P.SION 2.1 G . CW03-83 - Clearwater . ATTACHMENT 1 'ide Plan Cate 0 Size in Acres Traffic Std. Total Trip (vtpdl ac ) Generation d DeveIo ed R/OG 1.3 170 221 Total 1.3 221 Pro osed Plan Cate 0 Status Plan Category Size in Acres Traffic Std. Total Trip (vtpdlac) Generation d DeveIo ed CG 1.3 465 605 Total 1.3 605 Table 2 V olume and Level of Service Comparison Existinl?; Condition Roadway Link # W lout Amendment With Amendment Current LOS Volume LOS Volume Belleair Road (from Lake 4710 11,760 D 11,975 D Ave to Highland Ave) Highland Ave (from Nursery 3700 12,163 D 12,316 D Rd to Belleair Rd) Belleair Rd (from Highland 4720 11,435 D 11,493 D Ave to Missouri Ave) Future Condition Roadway Link # W lout Amendment With Amendment 2025 LRTP LOS Volume LOS Volume Belleair Road (from Lake 4710 6,690 C 6,905 C Ave to Highland Ave) Highland Ave (from Nursery 3700 14,623 E 14,776 E Rd to Belleair Rd) Belleair Rd (from Highland 4720 10,270 D 10,328 D Ave to Missouri Ave) Attachment 1 - Page 1 of2 . CW03-83 "- Clearwater e ATTACHMENT 1 Table 3 MPO 2025 Cost Feasible PlanlTransportation Improvement Pro!!ram Roadway Existing MPO 2025 TIP Scheduled Classification Classification Improvements 2 Lane Undivided 2 Lane Undivided None County Road County Road Belleair Road (from Lake Ave to Highland Ave) Highland Ave (from Nursery Rd to Belleair Rd) Belleair Rd (from Highland Ave to Missouri Ave) 2 Lane Undivided County Road 2 Lane Undivided County Road None 2 Lane Undivided County Road 2 Lane Undivided County Road None Notes Re: Traffic Tables: 1. Traffic volumes are expressed in vehicle trips per day (vtpd) 2. Traffic standards are the trip generation rate standards in the Rules. 3. Traffic estimated for undeveloped parcels is added to the existing condition analysis. 4. Traffic estimated for developed land is accounted for in the MPO adopted traffic count (2002 Annual Level of Service Report). 5. Traffic estimated for future conditions based on Future Land Use Plan category is accounted for in the MPO adopted future volumes. 6. Level of service for both existing and future conditions is based on the MPO refmed level of service procedures. 7. Cumulative impacts based on FLUP amendments approved after January 1, 2001. 8. Levels of Service (LOS) are defined as follows: "A" A free flow condition. "B" A stable flow condition. . "C" A relatively satisfactory traffic condition with good operating speeds. "D" An unstable traffic flow condition with only tolerable operating speeds. "E" An unstable traffic flow condition with momentary stoppages from congestion. "F" A forced-flow condition in which the facility acts as storage for vehicles backing up from a downstream bottleneck. Attachment 1 - Page 2 of 2 . . ATTACHMENT 2 DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER * SUBMITTING GOVER1\TMENT ENTITY: CITY OF CLEARWATER PPC OR CITY/TO"TN CASE NUl\fBER: LUZ2003-08007 PROPERTY OWNERS: Griffin International, Inc. REPRESENTATIVE: MR. DUSHY ANT GULATI GRIFFIN INTERNATIONAL, INC. 186 BA YSIDE DRIVE CLEARWATER, FLORIDA 33767 AJ\TY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interests: NIA Contingent: NIA Absolute: N/ A Name: N/A Specific Interest Held: N/ A INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: NIA Contract is: Contingent: Absolute: All Parties To Contract: Name: NIA INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: All Parties To Option: Name: N/A Name: N/A ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIGNED BY PLANNING COUNCIL STAFF S:lP/anning DepartmentlC D EILand Use AmendmenuILUZ 2003ILUZ2003-08007 1515 South High/and AvenuelPPClLUZ2003-08007 PPC DISCLOSURE STA TEMENT. doc . e '. ' . . ATTACHMENT 3 ~L :r~. tflit, ~I 0; rHEA"';;,. '\-<-~ ~~-~7)..- ~!':.(t"':1 :.... , --~~ "'~.' \ i ~.' .~ 0" "~~'i--!Yr:~.ri~ 1 \ "" .. ~.~:- ,. ~~'" r::- ==- " " ,,;:-.~ - ~.~~. ....;.,;. - - ~~ l; ~ r,.:6-:"-:'''~c<ux.-o( ~~ "~j]~1' CITY OF CLEARWATER loNG RANGE PLANNING DEVELOPMENT REvIEw PLANNING DEPARTMENT POST OmcE Box 4748, CLEARWATER, FLORIDA 33758-4748 Mm-.1CIPAl. SERVlCES BUILDING, 100 Soum MYRTI.E AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE ()27) 562-4567 FAX (727) 562-4576 Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 D NoveIDber';i9:;~90~ . J:&?Q~;~: :0 ; ~~~:! ......... ...... '., .r." l ~::~:..::.~... '':-... .,..:"... -:." ~ ..... .. ,~ .~..... ...... RE: LUZ2003-08007- Application to Amend the Countywide Future Land Use Plan Dear. Mr. Healey: The City of Clearwater requests an amendment to the Countywide Future Land Use Plan to change RlOG land use to CG of one parcel of land totaling 1.16 acres for property located at 1515 South Highland Avenue. This amendment was passed on first reading at the November 20, 2003 City Commission meeting. Attached please find all of the required information for this request. If you need any additional information, please contact me at 727-562-4558. Sincerely, Mark T. Parry Planner Attachments: Staff Maps Staff Reports Ordinance no. 7207-03 Ordinance no. 7208-03 S:\Plmming Depanmenf\C D lNAru1 Use Amendmems\LUZ 2003\LU72003-08007 1515 South Highland Avenue\PPC\LU72003. 08007 PPC Transmirrallrr.doc BRlo\N). AUNGST, MWOR,COMMISSIONER HOYT H....MILTON, VICE M....YOR-COMMISSIONER WHIThTl' GRW, COMMISSIO:'\ER FRANK HIBB....RD, COMMISSIONER * BIU)Ol'iSON, COMMlSSIO\'ER "EQUAL EMPLOYMENT ~''D AFFIRMAm'E ArnON EMPLOYER" APPLICATION FOYUNTYWIDE FUTURE LANWSE PLAN AMENDMENT. Please complete all the information below as accurately as possible to ensure that the application for the land use plan amendment caD be processed efficiently. Processing of the application will not be started until this form has been completed. If additional space is needed, please number and attach additional sheets. 1. Countywide FLUP Map Amendment Information 1. Current Countywide FLUP Designation 2. Proposed Countywide FLUP Designation n. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number R/OG CG 2. Current Local Plan Designation(s) 3. Current Local Zoning Designation(s) 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s) m. Site Description LUZ2003-08007 R/OG (CITY) o (CITY) CG (CITY) C (Cm') 1. Parcel number(s) ofarea(s) proposed to be amended (include SectionITwp/RnglSub/Blk!Lot) 2. Acreage 23/29/15/00000/340/0310 1.16 3. Location 1515 South Hi2hland Avenue 4. Existing use 5. Existing density Retail sales and service N/A 6. Name of project (if applicable) La Belle Plaza 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. x 2. Disclosure of Interest Statement with names and addresses of the application! representative and property owner. x 8. Map clearly indicating amendment location. x X X X X X 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. 9. Plan Amendment Application. x s: \Planning Department\C D EiLand Use Amendments\LUZ 2003\LUZlOO3-08007 1515 South Highland AvenueIPPCiLlJ72003-08007 PPC FLUP APPUCADON.doc , . . . CDB Meeting Date: October 21. 2003 Case Number: LUZ2003-08007 Agenda Item: F-7 OR/G/~ CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER/APPLICANT: Griffin International, Inc. REPRESENTATIVE: Mr. Dushyant Gulati LOCATION: 1515 South HigWand Avenue. REQUEST: (a) L and Use Plan amendment from the Residential/Office General Classification (R/OG) to the Commercial General Classification (CG) and (b) Rezoning from the 0, Office District to the C, Commercial District. SITE INFORMATION PROPERTY SIZE: 50,530 square feet or 1.16 acres DIMENSIONS OF PROPERTY: 263 feet wide by 192 feet deep m.o.I. PROPERTY USE: Current Use: Proposed Use: Retail sales and service Retail sales and service PLAN CATEGORY: Current Category: Proposed Category: Residential/Office General (R/OG) Classification Commercial General (CG) Classification ZONING DISTRICT: Current District: Proposed District: 0, Office C, Commercial Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 1 -. -- EXISTING SURROUNDING USES: North: Vacant South: Single-family residential East: Single-family residential West: Single-family Residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves 1.16 acres of a 8.46 acre parcel of land located on the east side of South Highland Avenue, approximately 700 feet north of Belleair Road. The entire site is currently developed with an 84,830 square foot shopping center, LaBelle Plaza Shopping Center. The portion of the site which is the subject of this application has a FLUP designation of Residential/Office General (RIOG) and a zoning classification of 0, Office which does not permit stand alone retail sales, therefore this portion of the property is a legal non-conforming use. The applicant is requesting to amend the FLUP designation to the Commercial General (CG) classification and to rezone it to the C, Commercial District tor ender this portion 0 f t he parcel conforming. T he remainder 0 f the property, 7.30 acres, has a FLUP designation of Commercial General (CG) and is currently zoned C, Commercial District and is conforming. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval by the P inellas Planning Council and Board of County Commissioners acting as the Countywide Plamring Authority. Based on the size of the plan amendment request, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Applicable Goals, Objectives and Policies from the Clearn'ater 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 l~d use categories shall be provided to accommodate public demand and promote infill development. 4.2.1 Policy - All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08007 Page 2 . . ';>:'::/'::~::i~,~t::~;::~"::'~~':~)J: .",' .\ ", ,. .... ,..,.:.;.",':'';,. . ".'" ........,.i..MA.X!MUM..\POTENTIA.l)'.TMEFIcQ.;.22\!;;:...;.,c<, . SouthH~gh)andAvel1ue~. ~et~it(~riN.~ts~?,~~ad~,i;d';/:;. BelJeairRoad .. ..'..'C'L..:..,....:,,,:,,:.-, ",........ _' Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Tri S3 Volume of South Highland Avenue from S.R. 580 to EnteIprise Road LOS of South Highland Avenue from S.R. 580 to EnteIprise C C C Road N/A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of 170 trips per acre per day for the Residential/Office General Future Land Use Category. calculations of 465 trips per acre per day for the Commercial General Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan C 2 = Based on PPC Any increased trips will be distributed to South Highland Avenue or Belleair Road. The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the South Highland Avenue from Nursery Road to Belleair Road a level of service (LOS) C. The potential increase in PM Peak trips to the surrounding roadways will be insignificant (less than three percent) in relationship to the existing capacity and will not have a negative effect on the segments level 0 f service. Its hould be noted that the site is currently developed with 9,075 of retail floor area and is included in the existing 84,830 square foot shopping center. No site changes or additional floor area is proposed at this time. 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. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 4 . e Existing ZoninglFuture Land Use Plan Existing Retail sales and 389 N/A 68 N/A servIce 25,265 230 (-159) 36 (-32) Proposed Zoning/Future Land Use Plan Place of Worship (9.11 trips per 27,791 253 (-136) 39 (-29) 1,000 square feet) Fast Food Restaurant (with drive-through window) 3,300 1,637 1,248 153 85 (496.12 per 1000square feet) Shopping Center (42.96 per 27,791 1,193 804 208 140 1,000 square feet) N/A - Not Applicable Source: ITE Tri Generation Manual. 6th Ed., 1997 Based on the ITE Trip Generation Manual, the permitted uses will result in an increase in PM Peak trips to the surrounding roadways that is insignificant (less than two percent) in relationship to the existing capacity. The transportation impacts associated with the proposed land use plan amendment and rezoning will be minimal and the LOS for South Highland Avenue 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 South Highland Avenue. Water The current FLUP category could demand up to 2,526 gallons per day. Under the proposed FLUP category, water demand could approach approximately 2,779 gallons per day. The existing use will not negatively affect the City's current LOS for water. Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08007 Page 5 . . Wastewater The current FLUP category could produce up to 2,021 gallons of wastewater per day. Under the proposed FLUP category, sewer demand could approach approximately 2,223 gallons per day. The existing use will not negatively affect the City's current LOS for wastewater. Solid Waste The current FLUP category would result in the production of 129 tons of solid waste per year. Under the proposed FLUP category, 142 tons of solid waste could be generated per year by a retail building. The existing use will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed FLUP amendment and rezoning will not impact the LOS of recreational acreage or facilities due to the non-residential land use classification. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] The site is developed with a shopping center and currently meets all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. No further development of the subject property is proposed at this time. Should the site be the subject of redevelopment, site plan approval will be required. At that time, the s tormwater management system will continue to be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. The location of the proposed Commercial District boundaries are logical and consolidates this site into the appropriate zoning district which governs the remainder of the site (7 .3 acres) based on ownership by Griffin International, Inc. South Highland Avenue, between Nursery and Belleair Roads, is characterized by a variety of uses including office, multi- . family residential and commercial. Office zoning is located immediately to the north of the site and Commerical is adjacent to the south. Low Medium Density Residential zoning is located to the east and Office is located immediately adjacent to the west. The existing surrounding uses include cOmInercial and single-family dwellings located to the south, single-family dwellings to the west and multi-family residential dwellings located to the east. The property immediately adjacent to the north is currently vacant. The proposed zoning category is in character with the zoning of the majority of the overall property and is compatible with surrounding uses. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 6 . . VII. CONSISTENCY OF DEVELOPMENT WITH COl\iMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.] The existing land use plan category and zoning district permit a floor area ratio (FAR) of 0.5 and an impervious surface ratio (ISR) of 0.75. The proposed Commercial General land use category and Commercial District is nominally more intensive and permits a FAR. of 0.55 and ISR of 0.95. The size of the subject site is 50,530 square feet, and exceeds the minimum lot area requirement of 10,000 square feet and minimum lot width requirement of 100 feet for the Commercial District. Therefore, the parcel meets the size requirements of the proposed District and the proposed use is permitted in the Commercial District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. The site has been developed with an 84,830 square foot shopping center of which 9,075 square feet is currently located on the subject site. Transportation concurrency is currently met, however, any changes to the site will require that the property owner comply with all laws and ordinances in effect at the time development permits are requested. The existing. use of this property is consistent with the Commercial zoning district regulations. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from Residential/Office General (RIOG) to Commercial General (CG) and a rezoning from 0, Office District, to the C, Commercial District for the subject site is requested. The subject site (1.16 acres) in combination with the greater site (8.46 acres in total) as a whole exceeds the minimum requirements for the existing use of the property as retail sales and service. Multi-family residential dwellings to the northeast and single-family residential dwellings to the north and east characterize the neighborhood. A variety of non-residential uses exist to the west and south. The proposed land use amendment and rezoning will be compatible with the existing neighborhood and will consolidate the remainder of the Griffin International, Inc. holding into the appropriate land use category and zoning district. No change to the existing shopping center (retail sales and service) is proposed. . The proposed Commercial General (CG) Future Land Use classification and C, Commercial District zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08007 Page 7 . . Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: I. Land Use Plan amendment from the Residential/Office General Classification (RIO G) to the Commercial General Classification (CG) and 2. Rezoning from the 0, Office District to the C, Commercial District. Prepared by Planning Department staff: ~ -./ Mark T. Parry, Planner Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:lP/anning DepartmentlC D BlLand Use AmendmentsILUZ 2003ILUZ2003-08007 1515 South Highland AvenueILUZ2003-08007 Staff Report.doc Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08007 Page 8 I l -- I ~ _m fn-J ,_;'~__, :---~~ ,~;~~~. ~~~ ~~-~~ ~~~~~ ~~~-, J-~i ,u~--~, 'Jfj' \ :---- .I I ~ -c I ~. . ao.. ~ '. 'IC. 0' I ('It <I I ... I I C) In'' '0 ' I tel I... : "..,1 it) L__~,l_- ~ I -'1 ...w I ~" ~.. --fI, I"~ ".-IR-- 11..- -- I_~ '-- _ _ _ ...._~_..__~ ._~ ~ ..__~J 1...-_" _-- _ -- _.- "'-', I' ~- I~ 1// .' .... NURSERY RD /fj Ii . . . ~ !: ~:~ .00: !___~ ~ _,__;., '__'_._~ uU'__: ". J449 ]457 ....- -Q , '''' t !-......- ".'- , ... '.. .-----, , . . ~--~ L-'-i~j .---'" , . -. ' " . , , ~ e ----" ClJ ,----, "Cl' , 1";---" ..': : ____I :___~ {/,):J5PO ~:J ~ 'r._- t ,J,. 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' I ' '- . , ' " .' J5VO ,--'" -. , , , ~_ JSf8 '.'A'-" . ' l. :\~.. .--' ". I ~' ..~ I : 11), , Griffin Intemational. Inc. Case: LUZ2003-08007 Site: 1515 South Highland Avenue Property Size/Acresl: Land Use Zoning PIN: From: R/OG o (City) I To: CG C (City) A tlas Page: I 1.16 23/29/15/00000/340/0310 315A . , . . . raft Inut ,2 3 'I AITACHMENT4 . Case #CW 03-83 - City of Clearwater - This 1.3 acre parcel is located on the northeast comer of HigWand Avenue and Belleair Road. The proposed amendment submitted by the City of Clearwater is a request to change the plan designation from ResidentiaVOffice General to Commercial General. Theresa Goodman presented an overview of the staff report recommending that the proposed amendment be approved. Jim Miller moved approval of the staff recommendation. The motion was seconded by Katherine Burbridge and approved. (Vote 12 - 0) / "'" PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM -, DEe 1 6 2D03 ~ -'. .....,,-- I AGENDA ITEM: NB-IO. I '" " :i MEETING DATE: December 17,2003 .. , SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential/Office General - RJOG To: Commercial General - CG 1-0 Area: 1.3 acres CASE #: CW03-83 JURISDICTION: Clearwater LOCATION: Northeast comer of HigWand Avenue and Belleair Road TYPE: Regular Map Amendment RECOMMENDATION: Council, Based On Accompanying Findings (I. A. & B. [1-6]), Recommend That the Proposed Amendment to Commercial General Be Approved. 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 considered a "regular" amendment because it exceeds the subthreshold size limitations in the Countywide Rules and because it impacts one or more of the six Relevant Countywide Considerations contained in the Countywide Rules. The two impacted considerations are Consistency with the Countywide Plan and Rules and Adopted Level of Service (LOS) Standard. B. A summarized evaluation of the impact of the amendment on the SIX Relevant Countywide Considerations is as follows: I PINELLAS PLANNING COUNCIL ACTION: I I COUNTYWIDE PLANNING AUTHORITY ACTION: I 1 I:\USERS :\\'PDOCS\LU\CASES\03 cases'December'Reports\CW03-83r.c1w.doc SUBJECT: Case #CW 03-83 - Clearwater I) Consistency with the Countywide Plan and Rules - The proposed a~endment to Commercial General is consistent with the subject property's existing use as a shopping center; there is no change in use proposed at this time. The amendment is also compatible with the surrounding land uses and the intersection's character as a neighborhood retail/service node. Therefore, the proposed amendment is consistent with the Countywide Plan and Rules. 2) Adopted Roadway Level of Service (LOS) Standard - The proposed amendment increases the potential traffic from the site by 384 vehicle trips per day. Using traffic volumes reported in the Metropolitan Planning Organization's 2003 Annual LOS Report, Belleair Road is operating at LOS "D" from Lake Avenue to Missouri A venue, and Highland A venue is operating at LOS "D" from Nursery Road to Belleair Road. The additional traffic that could be generated by the proposed amendment does not lower the existing or projected (Year 2025) LOS on any of these roadway segments. 3) Scenic/Non-Commercial Corridors (SNCC) - The proposed amendment area is not located on a SNCC; therefore, these policies do not apply. 4) Coastal High Hazard Areas (CHHA) - The proposed amendment area is not located within a CHHA; therefore, these policies do not apply. 5) Designated Development/Redevelopment Areas - The proposed amendment area is not located within a Community Redevelopment District, Central Business District, or Activity Center. 6) Adjacent To or Impacting An Adjoining Jurisdiction or Public Educational Facility - The amendment area is not adjacent to, nor does it adversely impact, another jurisdiction or a public educational facility. III cOllsideratioll of alld based UpOIl these findillgs, it is recommended that the proposed amendment of the Coulltywide Plall Map to Commercial General be approved. 2 . SUBJECT: Case #CW 03-83 - Clearwater IL BACKGROUND This regular amendment to the Countywide Plan Map has been submitted by the City of Clearwater to the Council for review in accordance with Division 5.5 of the Countywide Rules. Parcel ID#: Portion of 23-29-15-00000-340-031 0 Existing Use: Shopping Center Proposed Use: Shopping Center Analysis: The proposed amendment would change the designation of a l.3-acre portion of La Belle Plaza shopping center from Residential/Office General to Commercial General. The majority of the shopping center parcel (the remaining 7.0 acres) is designated Commercial General; this amendment would consolidate the existing building under the same Future Land Use Plan (FLUP) category. Due to the size of the amendment area and the Countywide Plan category proposed by the City, the amendment is considered a regular amendment and has been reviewed according to two Relevant Countywide Considerations: Consistency with the Countywide Plan and Rules, and Adopted Roadway Level of Service (LOS) Standard. An analysis of each of these considerations follows. Consistency with the Countywide Plan and Rules: The amendment area includes the northernmost portion of La Belle Plaza shopping center, located at the northeastern comer of the intersection of Highland Avenue and Belleair Road. This intersection has developed as a neighborhood commercial node within the generally residential area, and the uses at the comer are assigned the Residential/Office General and Commercial General FLUP categories. The requested amendment would change the designation of a 1.3-acre portion of the larger parcel from Residential/Office General to Commercial General, the same category as the majority of the parcel. As enumerated by Section 2.3.3.4.2 of the Countywide Rules, the Residential/Office General category does not permit retail uses and therefore none have been permitted in this northernmost portion of La Belle Shopping Center. Instead, the storefronts are occupied by three offices (mortgage, real estate, and title insurance), which are primary uses in the Residential/Office General category. The existing building within the amendment area is at a floor area ratio (FAR) of 0.16, well below both the standard FAR in the Residential/Office General category (0.30), and the maximum FAR allowed (0.50). The proposed Commercial General category allows retail and commercial uses that are not permitted within Residential/Office General, including the types of uses that occupy most of La Belle Plaza: grocery store, restaurants, shops, and other neighborhood-oriented businesses. Commercial General allows development at up to 0.55 FAR, with a standard FAR of 0.33. 3 SUBJECT: Case #CW 03-83 - Clearwater Therefore, the main impact of the amendment would be to expand the range of uses tha~ would be permitted in the existing storefronts in this area. Neither expansion nor redevelopment of the shopping center are proposed at this time; the shopping center was recently renovated to include a new Publix grocery store. Other surrounding uses include a vacant parcel to the north and west designated Residential/Office General, and multi-family residences, designated Residential Urban, to the east. Although Residential/Office General would typically be more compatible with residences than Commercial General uses, in this case, the Commercial General category has already been established in this location; this amendment is a relatively minor expansion of the shopping center, which has been built in a manner that is compatible with the adjacent residences. The Goals, Policies and Economic Assumptions of the Countywide Comprehensive Plan (Countywide Plan) state that "Land planning should weigh heavily the established character of pre-dominantly developed areas when changes of use or intensity of development is contemplated." The proposed amendment is consistent with this policy. Finding that the amendment area is an appropriate location for the Commercial General category and compatible with the surrounding uses and FLUP designations, the proposed amendment to Commercial General is consistent with the Countywide Plan and Rules. Adopted Roadway Level of Service (LOS) Standard: The amendment from Residential/Office General to Commercial General increases the potential traffic that could be generated by development of the site by 384 vehicle trips per day. Using traffic volumes reported in the Metropolitan Planning Organization's 2003 Annual LOS Report, Belleair Road is operating at LOS "D" from Lake Avenue to Missouri A venue, and Highland A venue is operating at LOS "D" from Nursery Road to Belleair Road. The additional traffic that could be generated by the proposed amendment does not lower the existing or projected (Year 2025) LOS on any of these roadway segments. A summary of the traffic impact analysis is included as Attachment 1. Local Government Transmittal: On November 20, 2003, the City Commission, acting as the applicant local government, gave initial approval to amend the City's Comprehensive Plan, and authorized an application for amendment of the Countywide Plan Map. In summary, the proposed amendment to Commercial General is consistent with the Countywide Plan and Rules and the subject area is an appropriate location in which to apply this Countywide Plan category. It is recommended that the proposed amendment of the Countywide Plan Map to Commercial General be approved. 4 SUBJECT: Case #CW 03-83 - Clearwater Planners Advisory Committee (PAC): At its meeting on December 8, 2003, the PAC recommended approval of the staff recommendation (Vote 12-0). The draft minutes of the meeting are included as Attachment 4. IlL LIST OF MAPS & ATTACHMENTS Map 1 Location Map 2 Countywide Plan Category & Jurisdictional Map - Black & White Map 3 Aerial- Black & White Map 4 Countywide Plan Category - Color Attachment 1 Calculation of Traffic Impacts Attachment 2 PPC Disclosure of Interest Form Attachment 3 Local Government Transmittal Package Attachment 4 Draft PAC Minutes 5 ~/ ~\ """,, / --:~ ~~ ~,'\ ,: ~ \.~:/ ~__:u-___: :,::;\~::! \..~~~--.,~Lt'-~?r ,,-,,:,::':,'.-: ~'l.",,,r\ \~?:~~ -~;;,;:__"_ .. "';':":-<:'_:" ~. (.,~,TAIi!PCY><,AVr:/:,::__-!. ~~ /' ,/ """', '""'-, ~[" 'F' """",.",,' /,'} , '..".,.',."", "',{ "'):ki RO i~A.l' !I~\ -'>- :_:. >;_-_ -.:: -"': ~,:,-,,(!!J !!~?~ ( -.J!, ", ,,','., ""<.""',..,".,,,", ,'., """""",',t/. /, .,;>'1/ ~j~~'*."'i g: ,})' /. ", ,<; ,'", / "'..7' i ALDE.....N RO I -'\~.( / /,/, ",' 'I '.. ,5 ~, I~-\ ( .' . 'c. '. < ;'/ ,"" '.\,'0" ii, :f( ","'" ,'" ,:1/) I', .)/'"""','.'..".."..)~~..,,,'..,/S/ i ,....,>,~ .,.,. .',X" "'~ C......EW ~I ~ " > """ ""'.,'.' 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" ..... i I ",' i.C .."" 11JI~ """"i ',';'" ,:..j'i .i'i". ."!'.:.'" CASE NO. ~ ................... .... ........ . ""-. PASCO COUNTY .... MAP 1 CW03-83 ~ 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_ STREET I I I I I I I I I I i I: II rill II I I r: . : , ' , i RL ' . , I ! i ! RL i i ! : i :1 iRL \i " ,. , , I I I I I I DTI I I I , 1"'f- i I ! I { I i I RL':'.'.',",R,":,~"".d',".",'.,",',, I ,,\Yl FtL ,,':,1"",,' i : I : i , L , RL , : ; : ! w CITRUS STREET => z ! w w , Dj i i => > ----- i : : ; z ; I w "" , I > - - - -- , ; I i i "" , i I i I I i i i I STREET I i I I ! I I I I ! I i I I I i I I I I , , , STREET I I I I i I I ! ! I I i I , I i I ~ -=-------~--t------------ t:J~-:.-----:.---- ~ ~f~~~~ j;~'lt I I STREET I i '. 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CW03-83 FROM: Residential/Office General TO: Commercial General (CG) (RjOG) CITY OF CLEARWATER V'IHIIt.V'IUUU : , i , . . : :RL , , , , i FRUITWOOD i , I I , I I , I I ! : : n1.<! , i , I i I HARDWOOD DRIVE , I I I I i i RI. i i I I i I I ",',:::':',. ;';~t:;;;l~ii: FJ.gl :,..' )':, ,"".,,;";:, I I . i .i' I I c---!- I RL >- Of [ ----~ I: I I ~ r=1 'Xi} ',~ , ' I"~ ,~ ~ , ... ... 'C":,'i ,; " IRLI ,\ RL i ! i BELL ROSE DRIVE I :/ :1 I .1 j I '1 :1 i I " " DT i ! I i I I I I WILDWOOD I I I ,i I ! I I I RL i I '. I I I ~ ! ACREAGE: 1.3 ~ SCALE: 1" = 400' [~I PI~~'~~~~ED~y~~:}o~p~E~?~P:~E~TY APPm''', JIM 'WTH GRAPHICS CREATED USING MEDIT VERSION 2,1 @ CITY OF LARGO CASE NO. CW03-83 MAP 3 N * NOT TO SCALE D RESIDENTIAL URBAN FROM: R/OG RESIDENTIAL/OFFICE GENERAL ACREAGE:L3 RESIDEN'l'UL LOll' IIEDlUM YlXED USE ~~~ COMKEReII.L PUBIJC/SEIII-PUBIJC SPECIAL.JmSIGNATlON COM:ME}{C1A!. NEIGHBORHOOD PRESERVATION RESIDEN'l'UL ~J~ COllllERClAL lIEDIUlI LIMITED RESIDENTIAL RESIDENTIAL/ COl.lllERClAL illGE OFFICE/RETAIL RECREATION RESIDEN'l'UL RESORT COllllERClAL VERY HIGH FACILITIES GENERAL OVERLAY RESORT FACILITIES INDUSTRIAL llEDIUM RESORT INDU5"I'RIAL FACILITIES LIMITED IDGH INDU5"I'RIAL GENERAL TO: CG COMMERCIAL GENERAL ( ~ SCALE 1" == 400' IM;,;!;i"~i;'ifi;:f] ~~sAW ( INSTITIlTIOHAL ~RTATION/ ~'.',".'. > lfATER/ /. .' DRAINAGE FEATURE ~~~ SCENlCI NON-COIBlERCIAL CORRIDOR ~ ACTIVITY CENTER/ PRIllARY SECONDARY COloOfUNITY REDEVELOPllENT DISTRICT CENTRAL BUSINESS DISTRICT MAP 4 CASE NO. CW03-63 J ) PINELLAS PLANNING COUNCIL GRAPHICS PREPARBD BY THE OFFICE OF THE PINEUAS COUNTY PROPERTY APPRAISER, lDl swrrn GRAPHICS PREPARED USING MEDIT VERSION 2.] C CW03-83 - Clearwater ATTACHMENT 1 ide Plan Cafe 0 Size in Acres Traffic Std. Total Trip (vtpdlac) Generation d Develo ed RJOG 1.3 170 221 Total 1.3 221 Pro osed Plan Cate 0 Status Plan Category Size in Acres Traffic Std. Total Trip (vtpdl ac ) Generation d Develo ed CG 1.3 465 605 Total 1.3 605 Table 2 V olume and Level of Service Comparison Existin2 Condition Roadway Link # W/out Amendment With Amendment Current LOS Volume LOS Volume Belleair Road (from Lake 4710 11 ,760 D 11,975 D Ave to Highland Ave) Highland Ave (from Nursery 3700 12,163 D 12,316 D Rd to Belleair Rd) Belleair Rd (from Highland 4720 11,435 D 11,493 D Ave to Missouri Ave) Future Condition Roadway Link # W/out Amendment With Amendment 2025 LR TP LOS Volume LOS Volume Belleair Road (from Lake 4710 6,690 C 6,905 C Ave to Highland Ave) Highland Ave (from Nursery 3700 14,623 E 14,776 E Rd to Belleair Rd) Belleair Rd (from Highland 4720 10,270 D 10,328 D Ave to Missouri Ave) Attachment 1 - Page 1 of 2 CW03-83 - Clearwater ATTACHMENT 1 Table 3 MPO 2025 Cost Feasible Plan/Transportation Improvement Program Roadway Existing MPO 2025 TIP Scheduled Classificati on Classification Improvements Belleair Road 2 Lane Undivided 2 Lane Undivided None (from Lake Ave to County Road County Road Highland Ave) Highland Ave 2 Lane Undivided 2 Lane Undivided None (from Nursery Rd County Road County Road to Belleair Rd) Belleair Rd (from 2 Lane Undivided 2 Lane Undivided None Highland Ave to County Road County Road Missouri Ave) Notes Re: Traffic Tables: 1. Traffic volumes are expressed in vehicle trips per day (vtpd) 2. Traffic standards are the trip generation rate standards in the Rules. 3. Traffic estimated for undeveloped parcels is added to the existing condition analysis. 4. Traffic estimated for developed land is accounted for in the MPO adopted traffic count (2002 Annual Level of Service Report). 5. Traffic estimated for future conditions based on Future Land Use Plan category is accounted for in the MPO adopted future volumes. 6. Level of service for both existing and future conditions is based on the MPO refined level of service procedures. 7. Cumulative impacts based on FLUP amendments approved after January 1, 2001. 8. Levels of Service (LOS) are defined as follows: "A" A free flow condition. "B" A stable flow condition. "C" A relatively satisfactory traffic condition with good operating speeds. "D" An unstable traffic flow condition with only tolerable operating speeds. "E" An unstable traffic flow condition with momentary stoppages from congestion. "F" A forced-flow condition in which the facility acts as storage for vehicles backing up from a downstream bottleneck. Attachment 1 - Page 2 of 2 ATTACHMENT 2 DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER * SUBMITTING GOVERl\TMENT ENTITY: CITY OF CLEARWATER PPC OR CITY/TOWN CASE NUl\fBER: LUZ2003-08007 PROPERTY OWNERS: Griffin International, Inc. REPRESENTATIVE: MR. DUSHY ANT GULATI GRIFFIN INTERNATIONAL, INe. 186 BA YSIDE DRIVE CLEARWATER, FLORIDA 33767 ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interests: N/A Contingent: N/ A Absolute: N/ A Name: N/A Specific Interest Held: N/ A 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: N/A INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: All Parties To Option: Name: N/A Name: N/A ANY OTHER PERTThTENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIGNED BY PLANNING COUNCIL STAFF S:IPlanning DepartmentlC D BlLand Use AmendmentsILUZ 2003IL[;72003-08007 1515 South Highland AvenueIPPCiLUZ2003-08007 PPC DISCLOSURE STATEMEmdoc ATTACHMENT 3 ~J~ tC~t, ~Lo; r/ft'Jr- l~~'~~0"':. ...,f';.,.. I ~. --~.. "~,'. \ / .->. .~ <>.. '" ........:,~ -r::.. ,.\ .. ~ " l;;~~o;:C'" "r-::~ ~,~t",,,,,,,,,,,, ~~\ ~.~~t; ~~""''''<.- J':.'~~ -.......,f.~~,~"'''1 ~.!~TER '(~~~. -~~"'''' CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPMENT REvIEw PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNlClPAL SERVICES BUIlDING, 100 SmITH MYRTLE AVENUE, CLEARWATER, FWRIDA 33756 TELEPHOr-..'E (]27) 562-4567 FAX (]27) 562-4576 Mr. David P. Healey, AICP Executi ve Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 b November'i9.;~Q03 It'c);f , <. '" . <.; ~ ~.. RE: LUZ2003-08007- Application to Amend the Countywide Future Land Use Plan Dear. Mr. Healey: The City of Clearwater requests an amendment to the Countywide Future Land Use Plan to change RJOG land use to CG of one parcel of land totaling 1.16 acres for property located at 1515 South Highland Avenue. This amendment was passed on first reading at the November 20, 2003 City Commission meeting. Attached please find all of the required information for this request. If you need any additional information, please contact me at 727-562-4558. Sincerely, Mark T. Parry Planner Attachments: Staff Maps Staff Reports Ordinance no. 7207-03 Ordinance no. 7208-03 S:\Plllnning Departmenf\C D HILand Use Amendments\LUZ 2003\LUZ2003-08007 1515 South Highland Avenue\PPC\LUZ2003- 08007 PPC Transminalltr.doc BRIAN J AUNGST, M"'YOR-COMMISSIONER HOYT HAMILT01\, VICE MAYOR-COMMISSIONER \XiHIThEY GRW, COM.\lISSJ01\ER FR....NK HIBBARD, COMMISSIONER * BIUjOl'\SO'\, CO.\JMISSI01\ER "EQUAL EMPLOYMEl'-'T A:\'D MFIRMAffi'E ACTION EMPWYER" 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. 1. Countywide FLUP Map Amendment Information 1. Current Countywide FLUP Designation R/OG 2. Proposed Countywide FLUP Designation CG II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number L UZ2003-08007 2. Current Local Plan Designation(s) 3. Current Local Zoning Designation(s) R/OG (CITY) o (CITY) CG (CITY) C (CITY) 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s) III. Site Description 1. Parcel number( s) of area( s) proposed to be amended (include SectionITwp/Rng/Sub/Blk/Lot) 2. Acreage 23/29/15/00000/340/0310 1.16 3. Location 1515 South Highland Avenue 4. Existing use Retail sales and service 5. Existing density N/A 6. Name ofproject (if applicable) La Belle Plaza IV. Verification of Local Action 1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map; and/or copy of local ordinance proposing/approving plan amendment authorizing request for amendment of Countywide Plan Map. V. Other Pertinent Information 1. Submittal letter from the local jurisdiction to the Executive Director requesting amendment to the Countywide FLUP. x 2. Disclosure of Interest Statement with names and addresses of the application! representative and property OViller. x 3. Proposed local ordinance number and status. x X 4. Staff report and local action to date. 5. Attach local plan and zoning maps. X 6. Include proposed demarcation line for environmentally sensitive areas (if applicable). X 7. Legal description, X X 8. Map clearly indicating amendment location. 9. Plan Amendment Application. X S: \Planning Department\C D BILand Use AmendmentsILUZ 2003ILUZ2003-08007 1515 South Highland AvenueIPPCILUZ2003-08007 PPC FLUP APPLICA TION. doc CDB Meeting Date: October 21, 2003 Case Number: LUZ2003-08007 Agenda Item: F-7 OI?/6/~ CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER/APPLICANT: Griffin International, Inc. REPRESENTATIVE: Mr. Dushyant Gulati LOCATION: 1515 South Highland Avenue. REQUEST: (a) L and Use Plan amendment from the Residential/Office General Classification (RIO G) to the Commercial General Classification (CG) and (b) Rezoning from the 0, Office District to the C, Commercial District. SITE INFORMATION PROPERTY SIZE: 50,530 square feet or 1.16 acres DIMENSIONS OF PROPERTY: 263 feet wide by 192 feet deep m.o.I. PROPERTY USE: Current Use: Proposed Use: Retail sales and service Retail sales and service PLAN CATEGORY: Current Category: Proposed Category: Residential/Office General (RIOG) Classification Commercial General (CG) Classification ZONING DISTRICT: Current District: Proposed District: 0, Office C, Commercial Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 1 EXISTING SURROUNDING USES: North: Vacant South: Single-family residential East: Single-family residential West: Single-family Residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves 1.16 acres of a 8.46 acre parcel of land located on the east side of South Highland Avenue, approximately 700 feet north of Belleair Road. The entire site is currently developed with an 84,830 square foot shopping center, LaBelle Plaza Shopping Center. The portion of the site which is the subject of this application has a FLUP designation of Residential/Office General (RIOG) and a zoning classification of 0, Office which does not permit stand alone retail sales, therefore this portion of the property is a legal non-conforming use. The applicant is requesting to amend the FLUP designation to the Commercial General (CG) classification and to rezone it to the C, Commercial District tor ender this portion 0 f t he parcel conforming. T he remainder 0 f the property, 7.30 acres, has a FLUP designation of Commercial General (CG) and is currently zoned C, Commercial District and is conforming. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval b y the P inellas 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 the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Applicable Goals, Objectives and Policies from the Cleanvater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.0 Goal :..- A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 4.2.1 Policy - All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. Staff Report- Cormnunity Development Board - October 21, 2003 - Case LUZ2003-08007 Page 2 ~ ".- :,:,.:.".:,_:.:.,',,";:--:.::"':'i::-.-:--;--:;...':",'."':::"--:-'--',:':-,-"":::_::.:''-',:,-,:-",::--:",''(--'-"':"-,"-'---""::',' .',' '-: ',-,:'... ....MAXIMUMPOtItN'fIAt'fRAFF'IC.... South Highland Avenue:. Betw~~~~urs~iy;g,?~d.&. . . Current. :Existing Belleair Road ... Situation ..Phln1 Maximum Dail Added Potential Tri s N/A 197 Maximum PM Peak Hour Added Potential Tri S3 N/A 35 Volume of South Highland Avenue from S.R. 580 to Enterprise 12,163 12,360 Road LOS of South Highland Avenue from S.R. 580 to Enterprise C C C C Road Nt A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of 170 trips per acre per day for the Residential/Office General Future Land Use Category. 2 = Based on PPC calculations of 465 trips per acre per day for the Commercial General Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan Any increased trips will be distributed to South Highland Avenue or Belleair Road. The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the South Highland Avenue from Nursery Road to Belleair Road a level of service (LOS) C. The potential increase in PM Peak trips to the surrounding roadways will be insignificant (less than three percent) in relationship to the existing capacity and will not have a negative effect on the segments level 0 f service. Its hould b e noted that the site is currently developed with 9,075 of retail floor area and is included in the existing 84,830 square foot shopping center. No site changes or additional floor area is proposed at this time. 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. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 4 Existing Zoning/Future Land Use Plan Existing Retail sales and 389 N/A 68 N/A servIce 25,265 230 (-159) 36 (-32) Proposed Zoning/Future Land Use Plan Place of Worship (9.11 trips per 27,791 253 (-136) 39 (-29) 1,000 square feet) Fast Food Restaurant (with drive-through window) 3,300 1,637 1,248 153 85 (496.12 per I OOOsquare feet) Shopping Center (42.96 per 27,791 1,193 804 208 140 1,000 square feet) N/ A - Not Applicable Source: /TE Tri Generation Manual, 6th Ed., /997 Based on the ITE Trip Generation Manual, the permitted uses will result in an increase in PM Peak trips to the surrounding roadways that is insignificant (less than two percent) in relationship to the existing capacity. The transportation impacts associated with the proposed land use plan amendment and rezoning will be minimal and the LOS for South Highland Avenue will not be degraded. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along South Highland Avenue. Water The current FLUP category could demand up to 2,526 gallons per day. Under the proposed FLUP category, water demand could approach approximately 2,779 gallons per day. The existing use will not negatively affect the City's current LOS for water. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 5 Wastewater The current FLUP category could produce up to 2,021 gallons of wastewater per day. Under the proposed FLUP category, sewer demand could approach approximately 2,223 gallons per day. The existing use will not negatively affect the City's current LOS for wastewater. Solid Waste The current FLUP category would result in the production of 129 tons of solid waste per year. Under the proposed FLUP category, 142 tons of solid waste could be generated per year by a retail building. The existing use will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed FLUP amendment and rezoning will not impact the LOS of recreational acreage or facilities due to the non-residential land use classification. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] The site is developed with a shopping center and currently meets all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. No further development of the subject property is proposed at this time. Should the site be the subject of redevelopment, site plan approval will be required. At that time, the s tormwater management system will continue to be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. The location of the proposed Commercial District boundaries are logical and consolidates this site into the appropriate zoning district which governs the remainder of the site (7.3 acres) based on ownership by Griffm International, Inc. South Highland Avenue, between Nursery and Belleair Roads, is characterized by a variety of uses including office, multi- family residential and commercial. Office zoning is located immediately to the north of the site and Commerical is adjacent to the south. Low Medium Density Residential zoning is located to the east and Office is located immediately adj acent to the west. The existing surrounding uses include commercial and single-family dwellings located to the south, single-family dwellings to the west and multi-family residential dwellings located to the east. The property immediately adjacent to the north is currently vacant. The proposed zoning category is in character with the zoning of the majority of the overall property and is compatible with surrounding uses. Staff Report - Community Development Board - October 21, 2003 - Case LUZ2003-08007 Page 6 VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.] . The existing land use plan category and zoning district permit a floor area ratio (FAR) of 0.5 and an impervious surface ratio (ISR) of 0.75. The proposed Commercial General land use category and Commercial District is nominally more intensive and permits a FAR of 0.55 and ISR of 0.95. The size of the subject site is 50,530 square feet, and exceeds the minimum lot area requirement of 10,000 square feet and minimum lot width requirement of 100 feet for the Commercial District. Therefore, the parcel meets the size requirements of the proposed District and the proposed use is permitted in the Commercial District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. The site has been developed with an 84,830 square foot shopping center of which 9,075 square feet is currently located on the subject site. Transportation concurrency is currently met, however, any changes to the site will require that the property owner comply with all laws and ordinances in effect at the time development permits are requested. The existing use of this property is consistent with the Commercial zoning district regulations. SUMMARY AND RECOMMENDATIONS An amendment 0 fthe FLUP from ResidentiaVOffice General (RiOG) to Commercial General (CG) and a rezoning from 0, Office District, to the C, Commercial District for the subject site is requested. The subj ect site (1.16 acres) in combination with the greater site (8.46 acres in total) as a whole exceeds the minimum requirements for the existing use of the property as retail sales and service. Multi-family residential dwellings to the northeast and single-family residential dwellings to the north and east characterize the neighborhood. A variety of non-residential uses exist to the west and south. The proposed land use amendment and rezoning will be compatible with the existing neighborhood and will consolidate the remainder of the Griffin International, Inc. holding into the appropriate land use category and zoning district. No change to the existing shopping center (retail sales and service) is proposed. . The proposed Commercial General (CG) Future Land Use classification and C, Commercial District zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08007 Page 7 Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: 1. Land Use Plan amendment from the ResidentiaVOffice General Classification (RlOG) to the Commercial General Classification (CG) and 2. Rezoning from the 0, Office District to the C, Commercial District. Prepared by Planning Department staff: ~ / Mark T. Parry, Planner Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:\Planning DepartmentlC D EILand Use AmendmentsILUZ 2003ILUZ2003-08007 1515 South Highland AvenueILUZ2003-08007 Staff Report.doc Staff Report - Community Development Board - October 21,2003 - Case LUZ2003-08007 Page 8 ~ :I:! ---: ,- !--.-: _!__;-~' !-_r-~_.. ____,__, r'-, I -';-"'-:'-1 ~_.. 1.-. ~--'-'--: '\0 I 'If'"' , !;-.--. ~"!--~ ~-'-i-~ .~ . e ~,----. ----:,'~--., "C.: ': ____I I . .- 'I I 1____' ~:':'r~l:yo .: ~~;~I ---- OS, _I. ~" '1__ .. -, ~~:-= .::=. e ...--~,' , , '., . = ~~. CtOOi.' --- 13~ . . .-:~~ ---I _ :-~ ,,(' J5'115 ~,-,-_., -, !~:. .-T52b, '- - ---' 121!, . .- 00 :"_", ,- r--, ~ __I ~;2i : -...._1 " -~-, .= . 90 '. , , ;- : 1....__ J---~ .-- -- I 'I I , , r4:_ : , I 1536 ,-- -- , , , ~_t--'____: Office ,----------, , ' ! : . , "'" y B - 4 2 : h_!~!:J1 .., '" ~ '" ~ 1471 1556 / b ,--- -, r----r J560' 1c.of lC~ :' :__4 , --- . , ...- y!.._----.--' Y tJ r-C-J ,-'-~--. :---~~.~-~~~. ~~~ ~~-~~ ~~~~~~-~~-:.-~--,-; ,--;--;, '-~-i' Y j :---- .I --0 1 a:l I' ~ " l() I 0' I ~''It, 1 CIO I e"I I I \0 ,. Yb'" ' f. I 1.0 L__ ~ ,l__--~ I, .....1 --'C'(, ~ I J C"iI I __0Il__1'-~_ Il'_&r ..! '--_ I --1~ I-~ ,__ , ~:..... -~- _..----~' _1 ~ .__,-~1 '_4-~- ~ ..... - ..... - -'. 7.......- I~ t:. NURSERY RD //\ IL 1449 1457 .---" , . _'I I , . , . .... 1532 en :!: G) ~ ~ o ~ ~ :-152I-~ : 1523 , ,- 1525 , I 1527 I 1529 I I J531 , , I 1533 , ............. : 1537 : 1 1539 I , , 1 1541 I I 1543 ' I 1545 I , , ,f 1547 , r---l '" .., ~ .......,,, "" ,.. '; ''', '... , " <'-_/MultI..{~mil;-"- --, ~/"'....esidential "-" ") ''''... ..... ......,' , . , - , . , - .J' ......... ,...... ........ "'" ' ......;,(..... .. ' , ", " '. . - -- -, . , . , -----, r--, , , '" ~ - --, , , : ' . . . . r---" . , -. r .' '-J.sbo 1549 Addresses off Highland Ave. , , , , . , ,- , . , , , 1555 r------- , , : : ..-- ---- ,-, , ---~ ---~ , ' '-"'--!..--~ -, , ' l-~_~, , , ,-1 " ~:J~SO ,- --I 't ..! :_1$)6 :--~ :=~"l~O -- --'-I , - , I' :1~B en - ~ o ~ en o ::tJ ..- ---, ~l"P , 1557 , , 1559 , . , 1561 , 1563 , 1565 , 1567 , 1569 1571 , 1573 I , 1575 ,- - --I , ,-' , 1577 , , , , . , , , ~'-I__________, , , , , , ,- , , .-- Sil gte-family reo idential , : _I : ~p34 .-- -, : I~ :~:JJ,.,o _r ---I . , !- ,- :_!546 , :_-; lStO ,- ---I . . , . . j J5~ , , , . '-..J.580 roO __I . , , " ~ .. 1}66 .-, I :' , , 1_-" , " I _ _1~rO ,-- --1 , , .~ J:rs '.. . . - , , - $in~h family :--r~~idE ntial : '!..:~ I --:.. L__.___'. :-A---: . ; 0:100 ~. .\. ..--- ,.... , ,'" , .... :. ~, Existing Surrounding Uses Map I Owner Griffin Intemational, Inc. Case: I lUZ2003-0a007 i Site: 1515 South Highland Avenue Property I 1.16 Size(Acresl: land Use Zoning I PIN: I 23/29/15/00000/340/0310 From: R/OG o (City) I I To: CG C (City) Atlas Page: I 315A . . ..' .' ,--" L__' ATTACHMENT 4 11.... Ii... ........... f......: t".......'.; ;-' - ,,-:'~'~ '~~" \:; . ::- ,~,' ,~;" t!c~ I, Irftut@s 3 Case #CW 03-83 - City of Clearwater - This 1.3 acre parcel is located on the northeast corner of Highland A venue and Belleair Road. The proposed amendment submitted by the City of Clearwater is a request to change the plan designation from ResidentiaVOffice General to Commercial General. Theresa Goodman presented an overview of the staff report recommending that the proposed amendment be approved. Jim Miller moved approval of the staff recommendation. The motion was seconded by Katherine Burbridge and approved. (Vote 12 - 0) PINELLAS PLANNING COUNCIL AGENDA DEe 1 6 200:j ~ AGENDA FOR THE REGULAR MEETING OF THE PINELLAS PLANNING COUNCIL 9:00 A.M. WEDNESDAY, DECEMBER 17,2003 PINELLAS COUNTY COURTHOUSE 5 TH FLOOR, BOARD ASSEMBLY ROOM 315 COURT STREET, CLEARWATER, FLORIDA I. CALL TO ORDER/MEMBERS PRESENT A. Invocation and Pledge B. Identification of Members Present II. CONSENT AGENDA A. Minutes November 19,2003 Meeting B. Financial Statement for November III. REPORTS AND OTHER ACTION A. Countywide Planning Authority Actions .. December B. Annexation Report - November C. Annual Report - Preliminary Draft D. Wireless Facilities Study - Overview IV. PUBLIC HEARING - To begin at 9:30 A.M. or as soon thereafter as agenda permits A. Public Hearing Format Announcement and Oath B. Proposed Amendments to the Countywide Future Land Use Plan Group 1: Subthreshold Amendments 1. Case #CW 03-75: City of Dunedin 2. Case #CW 03-76: City of Dunedin 3. Case #CW 03-81: City ofOldsmar 4. Case #CW 03-82: City of Clearwater F:\USERS\WPDOCS\PPC Mtg Items\REGITEMS\AGENDAS\Agenda Dec03.doc Group 2: Regular Amendments 5. Case #CW03-72: Pinellas County 6. Case #CW03- 77: Pinellas County 7. Case #CW03-78: Pinellas County 8. Case #CW03-79: Pinellas County 9. Case #CW03-80: Pinellas County 10. Case #CW03-83: City of Clearwater V. EXECUTIVE DIRECTOR ITEMS A. Countywide Plan Update - Draft Supplement B. Traffic Discussion Follow-up: Re: US 19 Additional Lane C. Pinellas Assembly - Status Report D. St. Pete Beach Density Issue E. Office Lease Agreement F. PAC Membership Roster for 2004 G. PPC Membership Re: Seminole Request H. Preliminary January Agenda: . I. Verbal Reports VI. OTHER COUNCIL BUSINESS A. Chairman/Member Items 1. Election of Officers for 2004 B. Correspondence VII. ADJOURNMENT Note: Dependent upon the length of the agenda, the Council may recess for approximately ten (10) minutes at 10:30 a.m. or as soon thereafter as is convenient. "Persons are advised that, if they decide to appeal any decision made at this meetinglhearing, they will need a record of the proceedings, and, for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based." If you are a person with a disability ,,;honeeds any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance. 'Vithin two (2) working days of your receipt of this notice, please contact the Office of Human Rights, 400 S. Ft Harrison Avenue, Suite 500, Clearwater, FL 33756. (727) 464-4062 (V/TDD). For more information concerning the Pinellas Planning Council and the countywide planning process see the PPC website at www.co.pinellas.fl.us/ppc. call 464-8250, or write to: 600 Cleveland Street. Suite 850. Clearwater. Florida 33755-4160. This meeting is scheduled to be aired live and replayed on Saturday, December 20. 2003 at 7 p.m. in Pinpll::t<:: rnnntv nn ~::thlp rh::tnnpl 1 ~ F:\USERS\\VPDOCS\PPC Mtg Items\REGlTEMS\AGENDAS\Agenda Dec03.doc CL WCoverSheet . . L UZ2003-08007 1515 S HIGHLAND AVE Date Received: 8/26/2003 GRIFFIN INTERNATIONAL.. INC. ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 315A ~r.:p ');~ LUU3 \-"": i".., . CITY OF CLEARwerER APPLICATION FOR c''': COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMErmMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: ~ R I F r:: I N TN T& R N f'r T 1'0 N A-L- TN-c. MAILING ADDRESS: l <3' fO '8 ~ '/ S l n e -::D R' v-G=" I C L'~:~ Nf)TE"'R r r L 33> 7' 7 PHONE NUMBER: t!, 7) 44- If- LI V q 5 FAX NUMBER: ( 7..:2 7) 4-4-4- 4- Lf q , PROPERTY OWNERS: C;; If. 1 F PI N TN Tl:R WAr J (J tv A L- L tV C . (List all owners) ~ ~ ~J IC~) AGENT NAME: J'jOT ~o j MAILING ADDRESS: N 1+ PHONE NUMBER: t:L.& FAX NUMBER: Nit- SITE INFORMATION: L 'P;uik eJ LOCATION: ~ t\' 2 ~ N~c. 3 ~ ~ S . , CLCS=-PrRlNFJ7 E~ rFL <;;, e A+/-rd, r.zeR.- PARCEL NUMBER: :2 ~ - ~ ~ - 1 5 - ~ 00 0 0 - :5 tt 0 - e:> 310 ....... r. n 0- I ~0'l7I~~ ~ = r- 7.~ ~)-(a SIZE OF SITE: lo~ -::. "- o,l/o ~:::::::::=-.... O~~ ) - ~ 1~6Ae7tXl FUTURE LAND USE -0 ~ CLASSIFICATION: PRESENT: ,,- 0 q REQUESTED: C C;;;; ZONING CLASSIFICATION: PRESENT 0 REQUESTED: C STREET ADDRESS: LEGAL DESCRIPTION: PROPOSED TEXT AMENDMENT: (use additional paper if necessary) I (We), the undersigned, acknowledge that al/ representations made in this application are true and accurate to the best of my/(our) knowledge. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to d subscribed efore me this,..!)n day of ,A.fr:~tome by , who is pe1.S9f1.aIlYJm~a~OQ.Luced_ ~ ~..JI2/_;:: as identification. , Signature of property owner or representative (1IA avo~ mYHTIHH 1/0 . i 10001 . ! r ~i~;C ..;';lJlIl ~ II ~1f!J II ~ IlIlIU ~ ~ I! 1111111111oI111111111.I.r ~ n ~... I- . - I = l u= ~ .~ ~ ~ . -! 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'" ~ 53 I-- f ~ ~~~/I~Mlll, I ~--- 11~1i ~ r\\\\\\' ~~\\\ ~ :: := h ~ \\\\\ \~\'\J r _ - -. - ~ ~~ IIIII r"1 III 1IIIn L "- - ~= ~ = - - f-- - t\ =; -= ~;: -\ - t= = ~ " ... J I' ~ ~ = c-- ,; If:: LJ ~'''1 .liIe.l~ 3-L~.la.m.. avO'H A 'HHS"llilN .\1', '\:. -I; l j .,' ~ , ': ; .' . ~ , " I.... : , . . ", - , "" -" /' " '~'-' :;,' , " " '. I "_ , ';, ' '. '",'"" ,- . b 0 ..- II : ..- aC, 23, TWP. 29 S., RGE. 15 E. ~ROJECT NUMBER 001-2897 NE. CORNER, SE.l/4, SW. 1/4, SECTION 23, T29S, R15E. N 89'07'57" W 800.38' CENTERLINE NURSERY ROAD NURSERY ROAD , ~ ~ o z <: ~ ::t o ~ ::t v v ci to I') .!.LI <:> ~ ~ N b o U) LaBELLE PLAZA SHOPPING CENTER ZONE "0" N89-40'43-E 263.09' .. I') 10 N (J) ..... lU . 0 .~ ..... ~ 0 0 S89-40'43-W 263.22' (I) LaBE LLE PLAZA SHOPPING CE NTE R NOT A SURVEY REVISED: 08/21/03 DATE 08/20/03 ZONE -0. LoBE LLE PLAZA SKETCH AND DESCRIPTION OSKETCH.DWG SHE E T 1 OF 2 POLARIS PROFESSIONAL SURVE:YING 2915 S.R. 590, SUITE 17 CLEARWA TER, FLORIDA JJ759 (727) 669-0522 . .. 23, TWP. 29 S.. RGE. 15 E. PROJECT NUMBER 001-2897 DESCRIPTION ZONE "0" A PARCEL OF LAND IN THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 29 SOUTH. RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. AND GO N.89'07'57" W., 800.38 FEET ALONG THE CENTERLINE OF NURSERY ROAD; THENCE LEAVING SAID CENTERLINE, S.00~1'40" E., 360.44 FEET TO THE POINT OF BEGINNING; THENCE S.00'21'40"E., 192.53 FEET; THENCE S.89'40'43.W., 263.22 FEET; THENCE N.00'19'17"W.. 192.53 FEET; THENCE N.89"40'43'E., 263.09 FEET TO THE POINT OF BE GINNING. CONTAINING 1.163 ACRES, MORE OR LESS. NOT E S 1. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 2. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED. WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SKETCHOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 3. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR EN\IlRONMENTALL Y SENSITIVE AREAS. 4. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS. RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION REPRESENTED HEREON ME E TS THE TE CHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. 08/21/03 DATE #4053 NOT A SUR~Y REVISED: 08/21/03 DATE 08/20/03 SHE E T 2 OF 2 SKETCH & DESCRIPTION DE SCRIPTION OSKETCH.DWG ZONE .0. LoBE LLE PLAZA POI..ARI8 ASSOC/A TES INC. PROFESSIONAL SURVEYING 2915 S.R. 590. SUITE 17 CLEARWA TER. FLORIDA 33759 (727) 669-0522 .7:2:,,1.-;0 ".I.l~. . . PREPARED BY AND RETURN TO: Michael A. Bedke, Esquire Rudnick & Wolfe. 101 E. Kennedy Boulevard Suite 2000 . Tampa, Florida 33602 SPECIAL WARRANTY DEED TIllS INDENTURE, made and entered into as of Jill Ii{ , 1995 between NORTH LAKE/BELLE PLAZA JOINT VENTURE, a Florida genbral partnership, whose address is Post Office Box 428, Mango, Florida 33550, hereinafter referred to as the "Grantor", and GRIFFIN INTERNATIONAL INCORPORATED, a Florida cOlpOration, whose address is 186 Bayside Drive, Clearwater, Florida 36430, hereinafter referred to as the "Grantee." WIT N E S S E T H: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and conflnn unto the Grantee, its successors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, State of Florida, as more particularly described in the Exhibit nAil annexed hereto and by this reference made a part hereof, Parcel 1 of said property having as its tax identification number 23/29/15/00000/340/0310. TOGEmER WIm all the improvements, tenements; 'hereditaments, and appurtenances thereto belonging or in anywise appertainiIlg and together with all rights and easements of record. ( SUBJECT TO all mailers listed in Exhibit "B" annexed hereto and by this reference made a part hereof. TO HA VB AND TO HOLD the above described premises, with. th~ appurtenances, unto the said Grantee, its successors and assigns, in fee simple forever. And the Grantor does specially warrant the title to said land subject to the matters referred to above and will defend the same: against the lawful claims of all persons claiming by, through or under the Grantor, but not otherwise. IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed in its name, on the date set forth below i~s name, and by those thereunto duly authorized. WITNESSES: . NORm LAKF)BELLE PLAZA JOINT VENTURE, a Florida general partnership By: JFI Land Company, a Florida corporation, as Partner. By:.~ ~ VStepnen L. Ja&b(Piesident By: SU Land Company, Inc., a Florida cOlpOration, . as Partner Q 'J)').~~ Printed Name: 'Dl\NIlrr- '" . Ol.>Af-.JO ALl A. ~ Printed Name: ,IJI;et....( A. e",J)!c By: ~A.-.: ....4~ lephen L. Ja~resjdent MBOt8t 07/13/95 . . STATE OF FLORIDA ) ) COUNTY OF HlLLSBOROUGH ) The foregoing instrument was acknowledged before me this / lfth day of July, 1995, by Stephen L. Jaeb, as President of JFI Land Company, a Florida corporation, as Partner of NORTII LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partners~ip, on behalf of said entity. He is personally known to me or has prpduced. F..a,.,_ d AJ #~ as identification. Jb ~ n r~ Q "". . e....... "-j(. e, "'. Printed Name: ----;:. NOTARY PUBUC State of Florida at Large .t~~' PAUlA K. CASEY t.; ,. MY COMMlSSIOH.' 00122081 EXPtAfs ~;.. . . DecelJlbar 17, 1998 . '''R;.,l!I 8ONOm THIll TROY'NII ~ IllC. (Notarial Seal) My Commission Expires: STATE OF FLORIDA ) ) COUNTY OF HILLSBOROUGH ) The foregoing instrument was acknowledged before me this / iffh day of July, 1995, by Stephen L. Jaeb, as President of SU Land Company, Inc., a Florida corporation, as Partner of NOkm LAKE/BELLE PLAZA JOINT VENTURE, a Florida general partnership, on ~ behalf of said entity. He is personally known to me or has produced 19~ ~ d~ ,,~.J, h....n J ~ a J as identification. ~~,'Iio.V'tV;t. PAUlA K. c~ ! . 'f.\ MY COMMISSIoH , CC422087 ElCPIIlES : Doclmbor 17, 1898 lOIUo lIIIU TROY fAIII1llSlllAHCE,1NC. Q.=.-....e.. ~ ~ a'iJ= Printed Name: NOTARY PUBUC State of Florida at Large (Notarial Seal) My Commission Expires: MBOl81 07/13/95 2 . . EXHIBIT "A" PARCEL 1: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, . being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, ,Pinellas County, Florida, and gO'North 89007'S7~ West, 800.30 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.44 feet to the Point of Beginning; thence South 00021'40" East, 719.93 feet; thence South 00044'35" West 192.00 feet to a point on the North right-of- way line of Belleair Road; thence North 89015'25" West, 295.11 feet along said North right-of-way line; .thence leaving said North right-of-way line, North 00"19'17" West, 192.03 'feet; thence North 89015' 25" West, 210.00 feet. to a 'point on the East right-of- way line of Highland Avenue; thence North 00019'17" West, 498.67 feet along said East right-of-way line;, thence leaving said East right-of-way line, North 89"40'43" East, 245.00 feet; thence North 00"19'17~ West, 211.81 feet; thence North 89040'43" East, 263.09 feet to the Point of Beginning. PARCEL 2: \ Easement for the benefit of Parcel 1 as created by Reciprocal Easement, Restrictions and Operations Agreement recorded July 1, 1993, in Official Records Book 8324, page 831, of the pUblic records of Pinellas County, Florida, over, under and across the land described as follows: NON-BXCLUSIVE ROADWAY EASEMENT (SOUTHERN) A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pine lias County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida"and go North 89"07'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00"21'40" East, 1080.37 feet; thence South 00"44'35" West, 10.00 feet to the Point of Beginning; thence South 21052'37" East, 39.00 feet; thence South 89"15'25" East, 9.00 feet; thence Southf 00"44'35" West, 146.00 feet; thence N,orth 89"15'25~ West, 24.00 feet; thence North 00"44'35" East, 182.00 feet to. the Point of Beginning. PARCEL 31 Easement for the benefit of Parcel 1 as created by Reciprocal Easement, Restrictions and Operations Agreement recorded July 1,' 1993, in Official Records Book 8324, page 831, of the public records of Pinellas Co~nty, Florida, over, under and across the'land described as follows: NON-BXCLUSIVE ROADWAY EASEMENT (NORTHERN) A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 23, and go North 89007'57" West, 800.38 feet along the North boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 23, also being the centerline of Nursery Road to the Point of Beginning; thence South 00021'40" East, 360.44 feet; thence South 89"40'43" West, 33.76 feet; thence North 00005'22" Wes't, 307.99 feet; thence along a curve to the left that has a radius of 35.00 feet, an arc length of 54.39 feet, a chord length of 49.08 feet, a.chord bearing of North 44"36'29" West; thence North 00052'03" East, 18.70 feet to a point on the North boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 23, also being the centerline of Nursery Road; thence South 89007'57" East, 66.,16 feet along said North boundary (the centerline of Nursery Road) to the Point of Beginning. PARCEL 4: Easement for the benefit of Parcel 1 as created by Reciprocal Easement, Restrictions and Operations Agreement recorded July 1, 1993, in Official records Book 8324, page 831, of the public records of Pinellas County, Florida, over, under and across the land described as follows: TEN FOOT STRIP A parcel of land lying in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 ,of Section 23, Township 29 South, . Range 15 East, pinellas County,Florida, and go North 89007' 57" West a'oo. 38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00"21'40" East, 350.44 feet to the Point of Beginning; thence continue South 00"21'40" East, 10.00 feet; thence South 8,9"40'43" West, 263.09 feet; thence North 00019'.17" West, 10.00 feet; thence North 89040'4'3" East, 263.08 feet to the Point of Beginning. Page 1 of 2 '. . . PARCEL 5: Easement for the benefit of Parcel 1as created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of Pinel"las.County, Florida, over, under and across the land described as follows: CROSS PARKING PARCEL: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pine11as County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pine11as County, Florida, and go North 89007'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 360.4.4 feet; thence South 89040'43" West, 263.09 feet; thence South 00019'17" East, 95.48 feet to the Point of Beginning; thence continue South 00019'17" East, 116.33 feet; thence South 89040'43" West, 245.00 feet; thence North 00019'17" West, 116.33 feet; thence North 89040'43" East, 245.00 feet to the Point of Beginning. PARCEL 6. Easement for the benefit of Parcel 1 as created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993, in Official Records Book 8428, page 2327, of the public records of Pine11as County, Florida, over, under and across the land described as follows: DRIVING LANK PARCEL A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence a.t the Northeast corner' of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pine1las County, Florida, and go North' 89007'57. West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South' 00021'40" East, 360.44 feet, thence South 89040'43" West, 263.09 feet to the Point of Beginning; thence Ifouth 00019'17" East, 95.48 feet; thence South 89040'43" West, 5.00 feet; thence North boo19'17" West, 105.48 feet; thence North 89040'43" East, 5.00 feet; thence South 00019'17" East, 10.00 feet to the Point of Beginning. PARCEL 7: Together with an easement in, to, over, under and across the areas not covered by buildings as they' exist from time .to time on Landowner's Parcel (as that term is defined in that certain Reciprocal Easement, Restrictions and Operation Agreement recorded in Official Records Book 8324, page 831, of the public records Of Pine11as County, Florida) for the purpose of installation, operation, maintenance, repair, replacement, removal and relocation of Utility Lines as defined in the Reciprocal Easement, Restrictions and Operations Agreement recorded in Official Records Book 8324, page 831, of the public records of Pine1las County, Florida. Page 2 of 2 . . EXHIBIT B 1. Taxes and assessments for the year 199~ and subsequent years. 2. Easement in favor of General Telephone Company of Florida reCorded October 18, 19Q7, if Official Records Book 2696, page 440, of the public records of Pinellas County, Florida. (Affects Parcel 7). 3. Easement in favor of Florida Power Corporation recorded February 23, 1983, in Official Records Book 5479, page no, of the public records of Pinellas County, Florida. 4. Sidewalk Easement in favor of Pinellas County recorded January 29, 1990, in Official Records Book.7184, page 2105, of the public records of Pinellas County, Florida. . . 5. Easement in favor of the City of Clearwater, Florida, for water lines and for ingress and egress purposes recorded March 8, 1990, in Official Records Book 7218, page 1527, of the public records of Pinellas County, Florida. 6. Short Form Lease by and between North LakelBelle Plaza Joint Venture, a Florida Joint Venture Partnership, and Winn-Dixie Stores, Inc., recorded April 24, 1990, in Official Records Book 7258, page 454, of the public records of Pinellas County, Florida. 7. Sidewalk Easement in favor of Pinellas.County, recorded July I, 1993, in Official Records Book 8324, page 828, of the public records of Pinellas County, Florida. (Affects Parcel 5). 8. Terins, conditions, provisions, obligations and easements as contained in Reciprocal Easement, Restrictions and Operation Agreement recorded July I, 1993, in Official Records Book 8324, page 831; Amendment recorded October 7, 1993, in Official Records Book 84~, page 2327, of the public records of Pinellas County, Florida. 9. Existing unrecorded leases and all rights thereunder of the lessees and of any person claiming by, through or under the lessees. . 10. Financing Statement recorded May 8, 1992, in Official Records Book 7902, page 1019 of the public records of Pinellas County, Florida. II. Matters shown on Survey dated February 18, 1993, updated and recertified on June 27, 1995, as made by Uoveras, Bauer & Stevens, designated as Job No. 18877. PKC4461 " . . PARCBL 5: Easement for the benefit of Parcel 1 as created by Amendment to Reciprocal Easement, Restrictions and Operations Agreement recorded October 7, 1993, .in Official Records BOOK 8428, page 2327, of the public records of Pinerlas.County, Florida, over, under and across the land described as follows: CROSS PARKING PARCEL: A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range ls.East, Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the. Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, and go North 89"07'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00021'40" East, 36.0.4.4 feet; thence South 89"40'43" West, 26.3.09 feet; thence South 00"19'17" East, 95.48 feet to the.Point of Beginning; thence ~ontinue South 00"19'17" East, 116.33 feet; thence South 89"40'43" West, 245.00 feet; thence North 00"19'17" . West, 116.33 feet; thence North 89"40'43" Bast, 245.00 feet to the Point of Beginning. PARCBL 6. Easement for the benefit of Parcel 1 as created by Amendment to Reciprocal Easement, Restrictions and Operations Agr.eement recorded October 7, 1993, in Official Records Book 8428,page 2327, of the public records of pinellas County, Florida, over, under and across the land described as follows:. DRIVING LANB PARCEL A parcel of land in the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner.of the Southeast. 1/4 of the Southwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, and go North 89"07'57" West, 800.38 feet along the centerline of Nursery Road; thence leaving said centerline, South 00"21'40" East, 360.44 feet; thence South 89"40'43" West, 263.09 feet to the Point of Beginning; thence ~outh 00"19'17" Bast, 95.48 feet; thence South 89"40'43" West, "5.00 feet; thence North 00"19'17" West, 105.48 feet; thence North 89"40'43" East, 5,00 feet; thence South 00"19'17" East, 10.00 feet to the Point of Beginning. PARCEL 7: Together with an easement in, to, over, under and across the areas not covered by buildings as they. exist from time .to time on Landowner's Parcel (as that term is defined in that certa!n Reciprocal Basement, Restrictions and operation Agreement recorded in Official Records Book 8324, page 831, of the public records of Pinellas County, Florida) for the purpose of installation,. operation, maintenance, repair, replacement, removal and relocation of Utility Lines as defined in the Reciprocal Easement, Res trictions and operations Agreement recorded in Official Records Book 8324, page 831, of the public records of Pinellas County, Florida. Page 2 of 2 . . ~'.::~:]= : : : :1.;:}:~~;~J:1:I:~:I:I!:l,;jj--l}.J.J-1..17 .. .~ )..; .'~}8 ~. .~. ,',' ... - ,-~-.I'"lI...;.J.J-I,.J'.;;J ..J..J ,. t ... ..'j " . ,Ii, ': It.. ! I It " I till. '1. <1 111. II I I "'. ' .. _ . I ..:J.. " n -.. ...... ,......r..I.,R-I..I.,I.T,...'..- ..I ',' ,,' ... . "'1"1' ... . .... .. ... 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MIM't "",...... ~.--... ,~_--~""..,..~In"..... Zoning Atlas .....,. ;""13 315A LUZ2003-Q8007 1.16 315A . . Map Request Planner Name: Mark T. Parry Case Number: LUZ2003-08007 Date Requested: August 27,2003 Date Requested for: September 3, 2003 Maps Needed ~ Color Aerial D Proposed Annexation ~ Existing Surrounding Uses Basemap ~ Location Map ~ Zoning/Flexible Development Map ~ 2" x 2" Location Map for Newspaper ~ Future Land Use Required Documents ~ Legal Description ~ Survey ~ Map with Proposed Site Highlighted Map Name Owner Griffin International. Inc. Case: LUZ2oo3-D8007 Site: 1515 South Highland Avenue Property 1.16 SizeIAcres): i Land Use Zoning PIN: 23/29/15/00000/340/0310 From: R/OG o (City) To: CG C (City) A tlas Page: 315A