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REZ2003-08001 , . . ~() , ',.\ ~,<-,J ",\ ORDINANCE NO. 7209-03 ..o~ , , AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST AND WEST SIDES OF LAWSON ROAD, APPROXIMATELY 100 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST AT THE CORNER OF SUNSET POINT ROAD AND U.S. HIGHWAY 19, WHOSE POST OFFICE ADDRESS IS 2520 SUNSET POINT ROAD, FROM MOBILE HOME PARK (MHP) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. q"> ,\.\ ". ''<i.v''- ,c~_~ (') G.",,';>~ rp ,'\, '., ~, \~ ... '2,;'." \#7\ G;~~; 'V 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 attached legal description Zoninq District From: Mobile Home Park (MHP) (REZ2003-08001 ) To: Medium Density (MDR) 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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: y1 Attest: Leslie K Dougall- id s Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7209-03 , . . Parcel m ! The South ~70 feet of th~ Nonh 178 r=t of lot 11" BLACKBURN SUBDIVISION) according [0 the map O(plat thereof as n:corded in Plat Book 24" 1'age 62, of the Public Records of PinclWl CoWKy, Flqrida. LESS the East 60 feet thc:rcoI for mad right-of-way tor LaWfiOn Road, recorded in 01 BoOk 535, Page 612, aud also I..ESS the West m feet Ihereoffor Florida Power Jines. Parcel N: ; The South ~3Sfeet of the Nonh 1016 feet of lot Il, BLACKBURN STJBDlVISION, according to the map or pl~ tbefeof as recorded in Plat Book 24, Page 6~ ofthc Public; Records ofPineUas County, FI~rida, LBSS the East 60 feet for righl-iJf-way of Lawson Road as ~rdcd in O.R. Book 535, ~age 612. LESS ~ EXCEPT from P~Js n, m and N ~ part deeded to Florida Power COIpOIation, more Paniqalarly destnDed as follows: Beginning at a pOint on tha West boundary of lor II, BLACKBURN SUBSMSION, run Nonh OCl54'2)" East 260.25 feet from the Southwest comer of SKid lot ii, thence North 0054'23" East 1015.46 feet, thenc:e North 89C1So'19" East 228.-47 ~ thenccfSouth 0052'10" West 1015-46 feet. thence South 89056"19" West 219.12 feet lo the Point ofBeiinning. . . 'R/OIR , - - --I , , , , ~--"CLw .-' <; I~: ~J =.-, = c TIU CG ,- ,_.- Future Land Use Map C) ""'" CI) ::;) ,e: '-CG-~-~-~-~- ',: ,,::~....~.,-\,~ ',>::_;:~5, :) ~~~:,.-i~<~~~ ~~;~ '~J"" '-.o.LJVI,t-,'_1 ~~~~:~6H:?L ~t \..\' -of: -,~, ,- ",'\,'" _~... \ '''~I''" '4 ,- - - - -- Owner George C. Clark Investment, LTD. Case: R EZ2003-0800 1 Site: 2520 Sunset Point Road Property 13.35 Size(Acres): Zoning PIN: 06/29/16/09072/000/1200 From: MHP To: MDR Atlas Page: 254B Ordinance NO. 7209-03 . . REZ2003-08001 2520 SUNSET POINT RD 99 Date Received: 8/25/2003 ;EORGE C CLARK INVESTMENTS L Tl ZONING DISTRICT: MHP LAND USE: RLM ATLAS PAGE: 254B RECEI\/ED . , '::>: ^l\F';~NG 0''- f U'_';": 1i, \ . . :.:::PARTMENT CI rr OF CLEARWATER CL WCoverSheet y, . . . CITY OF CLEAR"TER APPLICATION FOR ZONING ATLAS AMENDMENT PLANNING SERVICES MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 PROPERTY OWNERS: Ge(jrCA.~ C. L~UcJ"t.~t~V\.JS. jf.:-j.f). <J / " (List all owners) j AGENT NAME: f7 M < Jt>HN?Jr;N I J..oHrfl>P~ ~ft; -Ef tfL. \ ' . \ tj MAILING ADDRESS: 1ft C-A~~ %. ~~~. Fc- >~7..sV,:il.,\:ti:~,i' ;','( f __ ...,....._. ",'~..>,.. ~..., ..........' _. ." '~'''-'''''"~'' ilt! PHONE NUMBER: 7Z. 7 - 4'0 ( -I'irl<t FAX NUMBER: 727- 4{p Z. - 03{, S- , '.' ,-" :~'.~,- - .. .--," . APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: C2ePlc:Ji-- C. C l~ k ::C^,v'~i~ J L-TQ MAILING ADDRESS: ~l U-tt-r77A-N be t ,#>rZl, . ~t'r'iE1?-i f=L '531b3 PHONE NUMBER: 7'[,7- 7f't - Hz-~ FAX NUMBER: SITE INFORMATION: f . LOCATION: ~cna"..., ~ r~ 2e:; :,.12" /'iE -NurlJ..w~t-tofN/t C;vt:Sc fbrM- ~ tI.~. I; STREET ADDRESS: 2 5 to SU'lSC' d- ~ :11 * ~ r) LEGAL DESCRIPTION: tf:6B- 1J-1i4c-l-f~ St/(2 VI.;)'I PARCEL NUMBER: (:)~- .;lq-l fD-CJ '07').- 000 (bOO-{ ()f-- :Jq- ib- 0907;:).-000- i ;),.00 EXISTING ZONING: 59;=' iJ-Ti,4LHISLl IVIjy?A~II/E. PROPOSED ZONING: c56t2:- YI-1/(lCHPi:::? - /-It'7(J//-rl-.T1 vE LAND USE PLAN CLASSIFICATION: If 1/ I' 'I SIZE OF SITE: REASON FOR REQUEST: ""-rl~ I ( f ( NO I, the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS. representations made in this application Swor to and $ujlscribed before me this 2J!:.r day of are true and accurate to the best of my. ;-(, AD" ~.3 _~ me and/or knowledge, 4 B;~ e: c.. tLA1u(../IYVt5rfl1fJV'(S,If/::>by. , wh<(+s personally 13 : '7..(.~. dtM/t... t...4c. \ . i ~ ~nov-v:~ a~ oduced .. as :1 ~)c4., k. k I - IdentificatIon, :\i>'I<Y Pi) OF~lCIALNOTARYSEAL ~ ~0 IROYP~RDUE ~ 'i '\~-'1" 0 I '* COMMISSION NUMBER MMISSION EXPIRES OCT. 11 ,2005 ~s f/6a/t.;oV ~ C{~3-q4 '-I~ Page 1 of 2 . CITY OF CLEARW~R AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 ~6Dru:,E t,-. ~G INVE5TMcNl5-, L--rt> (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: $etE A--~ffe1) LE7AL ~mOli (Address or General Location) 2. That this property constitutes the property for which a request for a: A-,,-It.I."(tlc.-./; 0J1. I ,7&. z5 01>( :0--+ (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint t...Vl &I. as (his/their) agent(s) to exec te any petitions or other documents necessary to affect such petition; ~Jb~~~ 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (I/we), the undersigned authority, hereby certify that the fOregrtiin is true and correct. Cfe-oE75 c. t.u+e.t<.) ,Mt;;"~ LI1> ~O'~J;;$. (J~1i /e.r.~:};tl ;h~4-- ~::;;;: ~ ~. STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this ~.I sf- day of A....t-u ~-{-- ,;2b& ~ personally appeared 7~ C. U A....t J who having been first duly sworn '~d says that he/she fully understands the cMltents of the affidavit that he/she signed. ~'-f-_""-"'''''','--'''-~-T'_ -:-,-.'. - ,( i>-IlY I'v . OF.ICIAl-NOTARY SEAL . 0' 6~ TROY PERDUE ~ \'1" 1l ~.q" n U> ~! '1 GOMMISSIONNUMBER My Commissio 1jix" .~ Q DOO64364 ",;. o<i:' MY COMMISSION EXPIRES OF F'-- OCT. 11,2005 Notary Public s: application forms/development review/Affidavit to Authorize Agent MAK. 28. 2003 10: 32AM . ATTORNEYS TITLE INS FUND . NO. 2488 P. 8/10 ~"': . Le1!at Df.KrIutfou Parcel I: KNOWN AS TROPICAL BREEZE MOBILE HOME PARK... Lot ten (lQ) BLACKBURN SUBDIVlSION~ according to map of plat thereof as recorded in PIa! Book 24, 'age 62. Public Records of Pinellas County. Florida. Parcel IT: : The North: 508.00 feet of lot 11, BLACKBURN SUBDIVISION, as recot'dcd in Plat Book 24 . , Page 62, ~blic Rccords ofPineIlas County, Florida; LESS a tract on the West side dc8Qibcd as foJlo'Ns: F;rom the Nonhwest comer of said lot 11 for a Point ofBeginnins, run parallel to the center line: of CounlY !Wad 194. South 89046'13" East 228.47 feet; thence South 01 002'38" West S08.QO feet; thence North 89046'13" West 229.92 feet, thence along the West side ohaid lot II, Nottb 01012'28" East 508.00 {eet to the Point of Beginning, and Less and Except the Easterly 6Q feet of lot 11 rcsc:ved for road right-of-way for Lawson Road, recorded in O.R. Book 535, Page 612. '. . Parcel DI: ~ The South ~70 feet of the North 778 .feet of lot 11. BLACKBURN SUBDIVISION, according to rhe map OT~plat thereof as recorded in Plat Book 24, 1-. 62, of the Public Records of Pinellas CoWlty, Flqrida, LESS the East 60 feet thereof for mad right-of-way for Lawson Road. recorded in O.R. BoOk 535, Page 612, aud also LESS the West m feet mereof for Florida Power lines. Pareel rv: ; The South ~3S!eet oithc Nonb 1016 feet of lot II, BLACKBURN SUBDIVISION, according to the map or pl~ thereof lIS recorded in Plat Book 24, Page 62, of the Public; Records of PineUas County. Fl~rida, ~S the East 60 feet for right-of-way of Lawson Road as ~ordcd in O.R Book 535, Page 612. LESS ANP EXCEPT from Parcels n, m and IV that pan deeded to Florida Power COIpOlation, more parti~larly described as follows: Beginning a! a pOint on the West boundary of lot 11. BLACKBUkN SUBSMSION, run Nonh Og54'23" East 260.25 feet from the Southwest comer of said lot 11, thence Nonh 0054'23" East 1015.46 feet, thence North 8gD56'19" East 228.47 feet, thence1South ODS2'lO" West 1015.46 feet, thence South 89056'19" West 229.12 feet to the Point of Beiinning. Parcel V: A portion ~f vacated County Road No. 194, vacation recorded in O.R. Book 4906, Page 903, lying in Seetion 6, Township 29 South. Range 16 East. PineIJas County, Florida described as follows; Commencing at the Northeast comer of Section 6, Township 19 South, Range 16 East, Pinellas Co~, Florida; thence Nonh 89046'13" West, a diStance of 100.00 feet to a point on the West ript-of-way line oiU.S. Highway 19, also being the Point of Beginning; thence South 01002'38" West along said West rigbt~f.way liJJc oiU.S. Highway 19, a distance of33.00 feet; thence North 89046'13'" West, along the Nonh line of BLACKBURN SUBDIVISION, as recorded in iPlat Book 2~ Page 62, Public Rcccrds of Pinenas COlUlty, Florida., a distance of 1003.39 feet; thence North 01002'38" East a diStanCe of 33.00 feet; thence South 89.46'13" East, a dist3hce or 1003.39 teet to the Point of Beginning. IYIf\I\. LO. LUUj I U: jLAM . AIIUKNI:Y~ Illll: INS FUND . NO. 2488 P. 9/10 ':. LESS AN\D EXCEPT lhat portion thereof coQYeyed in O.R. Book 4921 J Page 619 and described as foll~ COIDID~ at the Northeast comer of Section 6, ToWDShip 29 Sou1h, Range 16 East, Pinellas County, Florida; thence North 89046' 13" West, a distance of 100.00 feet to a point on the West right-of:~y line of U.S. Highway 19, also being the PoiDt of BegimUng; thcucc South 01002'38'1 West. along said West right-of-way line oeu.s. Highway 19, a diatancc of 18.00 feet; thence N~nh 09046'13" West, a disl3Dce of 560.00 feet; thence North 01002'38" East, a diaUnce of S.50 feet; I:bence North 89046~13P West a. distance of 443.39 feet; thence North OI002'38~ East, a distmce of 12.50 feer; thence South 891146'13" East, a distance of 1003.39 feet CO ~ Point of Beginning. TOGETHER WITH Lot 6 le85 ihc Easterly 250 feet thereof, together with tIw pottion of lot 11, lying Southerly of a Westerly ~tension of the Northerly line of IOl 6, less the Easterly 60 feet thereof: and Jess the Westerly ~O feet thereof; lot 12, less the Easterly 60 feet thereof, and less the Westerly 230 feet thereof ~d lc=sa that portion lying Southerly of the CollowiBg described line; from the interscctioil of the Westerly line of LaW&OD Avenue, and the NOTtbcrly line of State Road S88, run North;Olo02'38" East 68.1 fc:ct for a Point of Begjnni~ thence NOJth 89046~13'" West 107.54 ~t ~ South 70a33 '26" West 90.34 feet; theDce North 67059'30" West 37.16 feet; thence Soilth 70"33'26" West 171.45 feet to the point of ending and vacated portioa of Blackburn IStreet lying Westerly of the Westerly line of the Easterly 60 feet of lots 11 and 12, lying Easierly of the Florida Power Corporation right~f-waYJ I1lI in BLACKBURN SUBDMSION, acconiing to the map of plat th&80f as recorded in Plat Book 24, Page 62, of the Public~ Records of Pincl1as County, Florida, TOGE.I h~ WITH, a mad right-of-way described is follows: Commence at the intersection of the Westerly right-of-way line of Lawson A VCDUe and the Northerly right-of-way line of Slate Road 588; thence along the NOItherly right- of-way ~ of State Road 588, South 70Q33'16" West 106.12 feet to the Point of Beginning; thence continue along the Nonherly right-of-way line of State Road 588. South 70Q33' 16" West 31.84 feet;, thence North 00008'34" East 106.14 feet; thence North 70033'26' East 9.03 feet; thence Souib. 89046'13" East 21.49 feetj thence South 00008'34" West 98.46 feet to the Point of Beginning. . TOGE~ WITH A pottion Qflot 12, BLACKBURN SUBDNISlON. as recorded in Plat Book 24, Page 62, of the Public Rcc9rds of PineIlu County, Florida. being more particularly described Q8 follows: From the in~tion of the W cs1crly rightooOf-way lino of Lawson A YeI1ue and the Northerly right-of- way line of State Road 588 as a Point ofBegimting. run South 70D33'16" West along the said Northerly line of Stale Road 588. 90.20 feet; thence 11111 North 00008'34" East along the Easterly ~ of that 30 foot strip oiled conv~ to Dynamic Investments, Inc. (see O.R. Book 3481, Pagd 261, Public Records of Pincllas County, Plorida) 98.46 feet; thence run South 89046'13" East 86.05 feet; thence roo South 01002'38" We:lt along the Westerly right-of-way line of~ Avenue 68.10 feet to the Point of Beginning. TOGETHER WITH MAR. 28. 2003 10: 33AM . ATTORNEYS TITLE INS FUND . NO. 2488 P. 10/10 . ..... .. . {." A P~t se~ lItiJity easement onder, OVer', along and Upon the beloW described land with the right of use. maiDteDance, installation and n:pairs of same over and l1p01;l said property: Commence at the: inrersection of rhe Westerly right-of-way line of uwsen A~eu\&c: 3I1d the Nonherly right-of-way line of State R.oad 588; thence along the Noitherly right-of-way line of State Road 588, South 70033')6" West, 153.80 fed; thence continue along said right-of WilY line South 190:26'44" East 10.00 fee~; thence continuing along said right-of-way line South 70G33'16" West 71.85 feet to the PoiDe ofB~g; thence continue a1cmg said right-of-way line South 70~3tI6" West, to.26 feet; thence North 06032'50" West, 138.50 feet thence So~th 700]3'26" l!aat .~\93 feet; thence South 67059'30~ East 1.48 feet; thence So~th 06DJ2'S(j East 13.7.49 feet to the Point ofBeginning. along with all of 1he right. title and interest at George C. and Dorothy Clark in and to the seWel' line and pipes IUDlling through tl1~ above described property. . . RE-ZONING NARRATIVE (This narrative is attached to a re-zoning application dated 21 August, 2003) SUMMARY: The re-zoning application being submitted herewith this Re-zoning Narrative* is being submitted concurrent with an annexation petition and involves one contiguous parcel. The parent parcel is approximately 27 acres in size and the parcels under consideration in the re-zoning application is approximately 26 acres in size. All of the property referenced in this re-zoning application is under unified ownership. The parcel under consideration as part of this re-zoning application involves essentially four (4) distinguishable and contiguous parcels. There are two (2) contiguous parcels under the same ownership which are located south of, and contiguous to, Parcel ill, as defined below, but these parcels are already within the city limits of the city of Clearwater and are already commercially zoned and therefore no changes are requested for these areas. The action being requested, if approved, will result in the entire parent parcel containing approximately 0.75 acres of commercial zoning fronting Sunset Point Road, 13.36 acres of multifamily zoning (10 U.P.A.), 9.17 acres of multifamily zoning (7.5 U.P.A.) and 3.46 acres of commercial zoning fronting U.S. Highway 19. THE PARCELS: The parcels being submitted as part of this re-zoning application can be identified as follows: IIitelftThis parcel is approximately 3.46 acres in size fronting U.S. Highway 19. This parcel has a current land use of R/O/R and commercial zoning. This parcel is being sought to be annexed into the city limits of the city of Clearwater as well as being re- zoned to Commercial ("C"). Parcel II: This parcel is approximately 9.17 acres in size and is located west of Parcel I and north of Parcel III. This parcel has a current land use of residential (7.5 U.P.A.) and a zoning of MHP. This parcel is being sought to be annexed into the city limits of the city of Clearwater as well as being re-zoned to Medium Density Residential ("MDR" -7.5 U.P.A.). .im:~This parcel is approximately 11.52 acres in size and is located south of Parcel II and north of the parcels which front Sunset Point Road and which are not included in this application. This parcel has a current land use of residential (10 u.P.A.) and a zoning ofMHP. This parcel is being re-zoned to Medium Density Residential ("MDR"-10 U.P.A.) but is already within the city limits of the city of Clearwater and therefore annexation is not required. Parcel IV: This parcel is approximately 1.83 acres in size and is located east of Parcel ill directly east of and across Lawson Road. This parcel has a current land use of residential (10 U.P.A.) and a zoning ofMHP. This parcel is being re-zoned to Medium Density Residential ("MDR"-10 U.P.A.) but is already within the city limits ofthe city of Clearwater and therefore annexation is not required. e . INCIDENTAL PARCEL: Immediately west of Parcel I is Lawson Road. Separate from the applications being submitted this date the applicant will seek to have Lawson Road vacated for that portion north ofthe south boundary of Parcel I. The right-of-way for Lawson Road came from Parcel II and is 0.35 acres in size. Therefore, if this area is vacated, and ifthe zoning is granted, this area will take on the 7.5 unit per acre density. PROJECT DESCRIPTION: The ultimate project will be a mixed-use commercial and residential project. Pursuant to the requested zoning referenced above, and assuming no commercial development, the parcel would be zoned for as many as 268 residential units. Assuming a mixture of residential and commercial uses it is expected that there will be somewhere between one point five (1.5) acres to two point five (2.5) acres of commercial combined with the residential uses resulting in somewhere between 240 and 250 residential units. These figures are very preliminary at the time of the submittal of this application and do not include the uses of the parcels not subject to this application. CONCLUSION AND JUSTIFICATION: The entire parent parcel, of which the majority is the subject of this application, is being sought to be included entirely within the city of Clearwater and to be developed as one master planned project of commercial and residential uses. The zoning which is being sought is easily justified for three strong and primary reasons. First, the use proposed is consistent with the future land use map categories and no land use change is proposed. Second, these uses are consistent with the uses in this area. Third, the current use of mobile home park is highly degraded and undesirable. The area has become highly transient and the parcel is under utilized. The proposed multifamily use is the appropriate transition from commercial and retail uses. In addition, to the west of the parcel is utility corridor and west of this corridor is mid-rise multifamily. To the north is multi family and to the south is high intensity commercial. Roadway access can easily accommodate the project since the project will access U.S. Highway 19 by a service road and the project will be provided signalized access to Sunset Point Road at Lawson Road. *Please refer to a similar Annexation Narrative submitted with the Annexation Petition. MAR. 28. 2003 10:31AM ATT~YS TITLE INS FUND . NO. 2488 P. 3/10 FUND COMMITMENT Schedule A Commitmelll No.: Effective Dille: March 21, 2003 lit 8:00 am F"IUI FUe Number 0+2003-1555 Agent's FUe Refere1U:e: C1arlcI.Long Bow 1. Policy or Policies to be issued~ ProposetlAmount of InsuNllce OWNER'S: OPM ALTA Ownets Policy (10/17/92). (If other, specify.) $5,000,000.00 Proposed Inslll'ed: Long Bow Corporation MORTGAGEE: N/A PI'Oposetl Ins"red: 2. The estIIte or interest in the IIuuI describe4 or referretl to iIa this co"",.ilment is II fee simple ad title thereto is at the effective date bereo/vatu in: George C. Clark Investments. Ltd., a Florida Limited Partnership 3. The land referred to in this commilment is described as follows: Legal description set forth on "Exhibit "A" attached. AGENT'S SIGNATURE GAD~JyiSS: AGENT NO.: ISSUED BY: 1721 Rainbow Drive Clearwater, Fl 34616 Z/ /1H1fU:J Rev.l.l Page 1 olS IVlfH\.LO.LVVj IU:jIAM AI I~YS TITLE INS FUND . NO. 2488 P. 4/10 FUND COMMITMENT Schedule B Commitment No.: Fund Fils Number 04-2003-1555 L The following .,., tk reqllimncmts to be c...plie4 with: 1. Payment of the full cOMUle,lltion to, or for the IICCOUIlt of, the grantors or mortgagors. 2. Instruments creating the estIlIe or interest to be insured wllicla must he execllted, delivered ""d filed for record: a) Warranty Deed from George C. Clark Investments. Ltd., a Florida limited partnership, executed by a general partner(s) with authority, to the proposed insured purchaser(s). b) Quit Claim Deed from George C. Clark and Dorothy Clark, husband and wife, to Long Bow Corporation to the proposed insured purchaser(s}. (as to the permanent &ewer utility easement) 3. A 4etenninlltion must be mtlde tlult there ",., "0 unrecortkd specit:d assessment liens or unrecordedliells arising by virtue of ortliJumca, unrecorded ftgf'UmetUs lIS to impact or other 4eI1elopment fees, unpaid wate fea JltlJlable 10 tire COllnty or ",unidptllity. or unptlid service cluuges under Ch. 1 S9J F. S., tI, county ortliluulce. 4. Satisfactory evidence must be furnished establishing that George C. Clark Investments, Ltd. is a limited partnership in good standing under the laws of Florida from date of purchase through the present [or date of the recording of the deed of sale (ifback in the chain)]. 5. Satisfactory evidence, in the form of an affidavit, must be furnished to establish that the general partner who executed the deed on behalf of George C. Clarlc Investments. Ltd., a Florida Limited Partnership is not a debtor in a bankruptcy proceeding. 6. An affidavit from one or more general partners should be recorded stating: (1) that the general partner executing the deed or mortgage is authorized to convey and mortgage the limited partnership's real property; (2) that the limited par1nership has not been dissolved; and (3) that the limited partnership agreement has not been revoked or amended to prohibit the subject transaction. 7. Satisfactory evidence JDU5t be furnished establishing that Long Bow Corporation is a corporation duly organized. validly existing, and in good standing under the laws of its state of origin (at date of purchase and at the present time, or at date of purchase and at date of sale). If there is no governmental agency in charge of corporate records from which a certificate of good standing can be obtained, then an attorney or notary public in the state or country of origin, who bas examined the appropriate COIpOrate records, can provide the certificate. 8. Satisfaction or proof of non-Identity relating to the judgments and/or liens against Dorothy Clark or a similar name, certified copies of which are recorded in the following O.R. Books and Pages: 5638/924. Page Z of5 MM. LO. LVVj IU;jjAM AI I~YS TITLE INS FUND . NO. 2488 P. 5/10 FUND COMMITMENT Schedule B Commitlnent No.: Fruul File Number Q4..2003-1555 9. Satisfaction or proof of non-Identity relating to the judgments andlor liens against George C. Clark or a similar IUlIJ)e, certified copies of which are recorded in the following O.R. Books and Pages: 8778/628, O.R. 9287/2325 and O.R. 9450/1003. 10- Mfidavit of compliance with statutoxy requirements pursuant to 723.072, F.S., must be recorded in the public records, or in the alternative, an affidavit from the park owner that no homeowner's association has been formed pursuant to 723.075-.079, F.S. II. SclNdule B olthe policy or policies to be mud will colli";" ext:eptiDns to thefolJqwing ",atters unless the stune lU'e disposed of to 1M satisfllCtion of The Fund: 1. Defects,lieIts, encumbftUJca, tulve"e cltlinu or other mlltters, if any, created,jint appe4l'ing ill the public records or tlttll&hing ,""sell""" III the ejfectiN date hereof bllt prior to the dau the proposell insured quires for 'PtIlue of record the estate or interest or mongage thereon covered by this Commitment. 2. Any owner and mortgGgee policies issued PUrsruurl hereto will contain under Schedule B the sttDuItlrtl ext:eptions set fortlt tit the inside C011er hereof IUIless IUI afftdPit of ]HIssession (1M a slllisfadory CIIlTMt SII,.,ey an subtrdtte4, 11II inspection of the premises is IIUUIe, it is determined the curTellt yetlr's ttlXeS or spedtll assessments hll11e been paid, ad it is determined there is nothing ofl'iIcord which would ,we rise to construction liens which could tllke pritJrlty O11er the intetest(s) insured herauuler (where the liens would otherwise take priority, submission ofJt1tlivers is necessary). 3. Fetlertlllie"s and jrulgme1lt liens, if lIlIY, filed with the FIoritltl Department of State pursuant to Sec. 713.901, et seg., F.S., tuUl See. 55.201, et seq., F.8., respectively, which tksiglUlte the Florida DepartBUllt of StIIte as the pI4ce for ./fIingfedertllliens tUUljudgment Uens against penonal propnt:y. For insuring purposes: (4) Pursuant to See. 713.901, et sq., F.s., persoll41 property includes, but is not limited to, 1II0rtgages, luseholds, mortgages on luselwlds, interests ill cooperlllive associations, vendees' interests, IUUl optUllIS when those interests are held by 4 plD'tllerslaip, corpOTlltum, trust or decede"t's esta~ and (6) Pursullnt to See. 55.201, It se'l', F.s., persolUll property includes, but is not Umited to, letlSe1aolds, 'nterests in cooperatiw associIItUJlIS, ventkes' ihtilrests, tUUl options regard1ess of the type of entity holding such in.tuest&, iIu:buling iIulivitlruds. aY..ote: Mortgages hll11e been sped.fiClllly e:ulu4ed from the personal property interests I,. which It judgment lien IiIlty be IJCguirell under the provisions ofSec. 55.201, et sq., F.S.) 4. Easement in favor of Florida Power CoIporation, contained in instrument recorded February 5, 1969, in OR Book 3008) Page 441. Public Records ofPinellas County, Florida. Page 3 of5 MAK. 1tl. 1003 10:31AM ATT4IIlvS TITLE INS FUND . NO. 2488 P. 6/10 FUND COMMITMENT Scbedule B Commitment No.: Fruul File Number 04-2003-1555 5. Easement in favor of Florida Power Corporation, contained in instrument recorded December 3, 1971, in O.R. Book 3675. Page 64, Public Records ofPineUas County, Florida. 6. Easement in favor of Florida Power CoIporation, contained in insttument re<:orded October 4, 1972, in O.R. Book 3892, Page 231, Public Records ofPinellas County, Florida. 7. Easement in favor of Farm Stores, Inc., contained in instrument recorded February 28, 1975, in O.R. Book 4264, Page 876, Public Records ofPinellas County, Florida. 8. Easement in favor ofPineUas County, contained in instrument rec0rde4 August 30, 1979, in O.R. Book 4905, Page 1294, Public Records ofPinellas County, Florida. 9. Easement in favor of Pin ell as County, contained in instrument recorded August 30, 1979, in O.R. Book 4905, Page 1296, Public Records ofPinellas County, Florida. 10. Easement in favor of Pin ell as County, contained in instrument recorded August 30, 1979, in O.R. Book 4905, Page 1298, Public Records ofPineJ1as CoWlty, Florida. 11. Easement in favor ofPinellas County, contained in instrument recorded August 30. 1979, in O.R. Book 4905, Page 1299, Public Records ofPinellas County, Florida. 12. Lease from Jo1m G. Ritchie to Bay Area Outdoor Advertising, Inc., recorded December 28, 1990, WIder O.R. Book 7459, Page 2313, Public Records ofPineUas County. Florida. 13. Terms and Conditions of Agreement recorded in O.R. Book 10216, Page 221, Public Records ofPineUas County, Florida. 14. Memorandum ofI.ease recorded in O.a. Book 11245, Page 559, Public Records ofPinellas County, Florida. 15. Easement in favor of Florida Power CorpOl8tion contained in instrument recorded July 25, 1946 in Deed Book 1086, Page 570, Public Records ofPinellas County, Florida. 16. Reservations and other matters as set fortb in instrument recorded in O.R. Book 1445, Page 395. Public Records of Pine lIas County, Florida. 17. Easement in favor ofPinellas County contained in instrument recorded January 7, 1955 in Deed Book 1513, Page 354, Public Records ofPine1las County, Florida. 18. Reservations and other matters set forth instrument recorded in O.R. Book 4048, Page 1565, Public Records of Pine lIas County. Florida. 19. Notice recorded in O.R. Book 6338, Page 848, Public Records ofPinelJas CoWlty, Florida. (shown for informational purposes) 20. Note: A twenty-year name search was performed on the proposed insured for unsatisfied judgments and tax liens (state and federal and other liens for the recovery of money) and Page 4 -.f S MAR. 28. 2003 10: 32AM ATT.YS TITLE INS FUND . NO. 2488 P. 7/10 FUND COMMITMENT Schedule B Commitment No-: Fund File NUlfIber 04-2003-1555 personal names were checked for uorestored incompetency and for guardianship proceedings, all of which resulted in the following, if any: None Found of Record. :rage 5 of 5 MAR. 28. 2003 10: 32AM ATT~S TITLE INS FUND . NO. 2488 P. 8/10 . "': . Let!al Dacrtndun Parcell:. KNOWN AS 1R0PICALB~~ MOBR.B HOME PARK. Lot ten (l~) BLACKBURN SUBDlVJSION. according to map ofpJat thereof as tecoIded in Plat Book 24, ~age 62. Public Records olPinel1as CoUDl)", Florida. Parcelll: : The North~ S08.00 feet of Jot 11, BLACKBURN SUBDIVISION, as recorded in Plat Book 24, Page 62, ~lic Records ofPineIJas County, Florida; LESS a trKt on the West side de8eribcd as follows: ~.rom the Northwest comer of Hid Jot 11 for a Point of Beginning, tun parallel to the center line: of Counly !toad 194. South 89046'13" .East 228.47 feet; 1hence South 01002'38" West S08.QO feet; thence North ggo46'13" West 229-92leet, thence along the West side of said lot II. Nottb 01012'28" East 508.00 feet to the Point of Begizming. BUd Les& and Except the Easterly 6Q feet of lot 11 rcscJ:VCd for road risbt-of..\Vay for Lawson Road, recorded in O.R. Book 53S, Page 612 . . . Pared m: i The South ~10 feet of the North 778 feet aflot 11, BLACKBURN SUBDIVISION, accordingro the map O1'~plat thereof 8$ n:corded in Plat Book 24, Page 62" of the Public Records of Pincllas County, Flqrlda., LESS the East 60 feet thereof fur road right-of-way tOr Lawson Road. recorded in O.R. BoOk: 535, Page 612, aud &lIso LESS the West 225 feet thereof for Florida Power lines. Pm:eJ N: i The South i38.!eot oCtile Nonh 1016 feet of lot II, BLACKBURN STJBDlVISION, according to the map or pl~ thereof as recorded in Plat Book 24, Page 62, ofike PubliCi Records ofPinellas County. FI~rida, USs the Bast 60 feet for righl~f-way of Lawson Road as rec;orded in O.R. Book 535,;age 612. LESS ~ EXCEPT ftom Parcels n. m and IV ~ pan deeded to Florida Power COlpOlation, more partiqllarl)' described as follows: Besinning at a pbint on the West boundary of lot 11. BLACKBUllN SUBSMSION. run North OQS4'23" East 260.2' feet ftom the Southwest comer of 311id lot iI, thence North 0054'23"' East 1015.46 feet, thence North 89DS6'19" East 228.47 feet, thencclSouth ODS2>>lO" West 1015-46 feet. thence South 89056'19" West 229.12 feet to the Point oCBei;nning" Parcel V: A portioD O;f vacated County Road No. 194, vacation recorded in OR Book 4906, Page 903, lying in SeCtion 6, Township 29 South. Range 16 Eat. PioeIJas Cowny, Florida described as follows; Commencing 81: the Nortbeas1 comer of Section 6, Township 19 South, Range 16 East, PiDeUas Co~, Florida; thence Nonh 89046'13" West, a distance of 100.00 feet to a point on the West riiht-o~way line of'U.S. Highway 19, also bcins the Point ofBcgjmtingj thence South 01 002'31r' West along said WC$t rigbt"'Of.w~ liJJe of U.S. Highway 19, a distance of 33.00 feet; thence North 89046'13'" West. along the Nonh line of BLACKBURN SUBDIVISION. as reronicd in jPlat Book 24, Page 62, Public Records of PineDas Coaly, Florida. a distance of 1003.39 feet; thence North 01 D02'38" East a diSfADCc of 33.00 feet; thcmcc South 89046>> 13" East, a distahce of 1003.39 Cccr to the Point of Beginning. IYIMI\. LO. LUUj IU:jLAM AI lUeS IIIU INS FUND . NO. 2488 P. 9/10 LESS ANP BXCEPT Ihat portion thercofconyeycd in O.R. Book 4921. Page 619 and described ufo~: Comme:ntJ,e at the Northeast comer of Section 6, ToWDSbip 29 South, Range 16 East, Pinellas County, FJorida; thence North 8~46' 13" West, a distance of 100.00 1Cet to a point on the West right-of..~y line of U.S. Highway 19, also being the PoiDt of BcgimDng; thcnc.e SoU1b 01002'38'1 West, along said West rigbt~f-way 1ine oIU.S. Hipway 19, a dilltaDcc of 18.00 feet; thence N~ 09046'13" West, a distaxe of 560.00 feet; rhence North 01002'38" East, a dia1mce or S.50 feer; l:hence North SgoW13" West a. ctistaDce of 443.39 feet; theoce North Olo02'38~ E~ a distance of 12.50 feet; thence South 89846'13" &st. a distance of 1003.39 feet to the Point ofBegjnning. TOG~R WITH Lot 6 leas ~e Easterly 250 feet thereof, together with thai ponion of lot 11, lying Southerly of a Westerly ~tensioD of the Northerly line of lot 6, less the EasterJy 60 feet thereot and less the Westerly 2J30 feet thereof; lot 12, less the Easterly 60 feet theroot and less I:bc Westerly 230 feet then;oC ~d less that portion lying Southerly of the CoUoWiBg described tiDe; from the interscctioit of the Westerly line of Law&OD AvCllDe, and the Nortbcrly tine of State Road 588, run No11h;01002'38" East 68.1 feci for a Point of Beginning; thence Norrh 89046"13" West I 107.54~; thence South 70D33'26" West 90.34 feet; thence North 6?OS9'30'. West 37.76 feet; thCDCe Soialh 70~3"26n West 171.45 feet to the point of c:ndiDg and vacated portion of B1ackbum. ,Street lying W C3Ierly of the Westerly line of 1he Ea9terly 60 feet of lots 11 ad 12, lying Easia'ly of the Florida Power Corpozation right~f-way, all in BLACKBURN SUBDM$ION, acccmtiDg to the map of plat thc:raof as reconIed in Plat Book 24, Page 62" of the PubHc~ R.ecords of PincUas CO\Dlly, Florida. TOGEI'HBR. WITH, a mad right-of-way described is follows: Commence at the intasection of the Weste:dy right-of-way line of Lawson AVCDUe and the Norther1yright-of-way line ofS1alc Road S88; thc:ncc along the Northcrlyrigbt- of-way" of State Road 588, SoDtb 70033"16'" West 106.12 feet to lhc Point ofBegjnning; thence continue along the Nonherly right-of-way line of State Road 588. South 70Q33'16" West 3-1.84 feet;, thence North 00008'34" East 106.14 feet; thence North 70OJ3'26"" East 9.03 feet; thence South 89046'13" Bast 21.49 feetj thence South 0000S'34"" West 98.46 feet to the Point of Beginning. . TO~ WITH A portion ~flot 12, BLACKBURN SUBDIVIS.ION. as reccmied in Plat Book 24, "Page 62, of the Public RccPnls of Pinellu County, Florida. being more particularly described as fonows: From the i~tioD of the Wc:stcrly right-.of-way line of Lawson AYeJlue and the Northerly rigbt-of- way line of State Road 588 as a Point ofBegiDning. nm South 70DJ3'16" West along the said Northerly iinc of Stale Road 588. 90.20 feet; thence lUll NOIth 00008 '34" East along the Easterly IiD'p of that 30 {OOI strip of Imd conveyed to Dynamic Investments, Inc. (see O.R. Book 3481, Pagd 261, Public Recorda of PinoJlas County, Plorlda) 98.46 feet; thence nm South 89046'13" Bast 86.05 feet; thence run South 01002'38" West along the Westerly right-of-way line of~ Avenue 68.10 feet to the Point ofBegiJ1ning. TOGE1HEk WITH . . MAR. 28. 2003 fO:33AM ATTORNEYS TITLE INS FUND NO. 2488 P. 10/10 . ~, .. . {-' ~ A P~t ~ utility easement under, over, aloag and upon the beloW described land with the right of use. maiDtoDance, installation and repairs of same over 8Dd 1Jp01;l said property: Coimneocc at the intersection of rhe Westerly right-of-way line of Lawson A~e aad the Nmtherly right-ot.way line of State R.oad S88; thence along the Noitberly right-of-way line of State Road 588. South 70033'16" Wear, 153.80 feel; theace continue along said rigbt-of way line So1Hh 19OU'44" East 10.00 ~; thcncec:ootinuing along said right-of-way line South 70033116't West 71.85 f~ to tile Point ofBctPnning; thence continue along said right-of-way line South 70~3.16" West, 10.26 feet: thence NOItb 060]2'50" West, 138.50 feet: thence So~m 70on'16" East ~~3 feet; thence South 6T'S9'30fY Bast 1.48 feet; thence So~th 060)2'50" East 13,7.49 feet to the Point ofBegimUng. along with all of 1he right. title and interest of George C. and Dorothy Clark in and to the sewer line and pipes IlIIIDiDg through tli, above described propeny, T 1 IZ?Om-O&QQj Payments: Receipt #: 1200300000000008275 Date: 08/21/2003 8/21/2003 3:41:31PM Tran Code Description Rezoning-Atlas Amendment Revenue Account No Amount Paid 010-341263 775.00 $775.00 Line Item Total: . Method Amount Paid Payer Bank No Account No Confirm No How Received Check . ATLANTIC GULF DEVELOPMENT ACCOUNT 3750 In Person 775.00 Payment Total: $775.00 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 . . CDB Meeting Date: October 21,2003 Case Number: REZ2003-08001 Agenda Item: DRAFT CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER! APPLICANT: George C. Clark Investment, LTD. REPRESENTATIVE: Timothy Johnson (Johnson, Pope, Bokor, Ruppel & Bums, P.A.) LOCATION: 2520 Sunset Point Road. REQUEST: Rezoning from the MHP, Mobile Home Park District (City) to the MDR, Medium Density Residential District (City). SITE INFORMATION PROPERTY SIZE: Parcel III: 501,811 square feet or 11.52 acres Parcel IV: 79,714 square feet or 1.83 acres Total: 581,526 square feet or 13.35 acres DIMENSIONS OF PROPERTY: Parcel III: 385 feet wide by 1,347 feet deep m.o.I. Parcel IV: 258 feet wide by 309 feet deep m.oJ PROPERTY USE: Current Use: Proposed Use: Mobile homes Attached dwellings PLAN CATEGORY: Current Category: Proposed Category: Residential Low Medium Classification (RLM) (City) Residential Low Medium Classification (RLM) (City) ZONING DISTRICT: Current District: Proposed District: (MPH), Mobile Home Park District (City) (MDR), Medium Density Residential District (City) Staff Report - Community Development Board - October 21,2003 - Case REZ2003-0800l Page 1 . . EXISTING SURROUNDING USES: Parcel III: North: Mobile Home Park South: Retail sales and service and alcoholic beverage sales East: Retail sales and service and vacant West: Florida Power right-of-way Parcel IV: North: Indoor Recreation/Entertainment South: Vacant East: Retail sales and service West: Mobile Home Park ANALYSIS: This rezoning application involves a site containing two parcels of land (Parcels III and IV), totaling approximately 13.35 acres in area. Parcel III is located on the east side Lawson Road approximately 2,400 feet north of Sunset Point Road. Parcel IV is located on the west side of Lawson Road approximately 100 feet of Sunset Point Road and 600 feet west of U.S. Highway 19 North. and is connected to Sunset Point Road via an ingress/egress easement through Parcel V (not part of this application). The site is currently occupied by a mobile home park and has a FLUP designation of Residential low Medium (RLM) and a zoning classification of MHP, Mobile Home Park District (City). The applicant is requesting to amend the City's zoning atlas and to rezone the subject site to the MDR, Medium Density Residential District. If approved, the overall site will be developed with attached dwellings. The site appears dated and has undergone some deteriorate. 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. 16.0 Goal - An affordable variety of standard housing units in decent and safe neighborhoods to meet the needs of current and future residents regardless of race, nationality, age, marital status, handicap, or religion. 16.1 Objective for adequate housing - Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 2 . . 16.3 Objective for housing conditions - The City of Clearwater shall encourage the elimination of substandard housing units though demolition, upgrades, renovation and preservation efforts. The proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the existing Residential Low Medium RLM) category, as specified in Section 2.3.3.2.1 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a low to moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. The Medium Density Residential District (MDR) category is generally appropriate to locations where it would serve as a transition from more intensive non-residential use to lower density residential uses; and in areas where the size and scale of residential use is appropriate to medium density residential development. These areas are typically in close proximity to and served by the arterial and major thoroughfare highway network, as well as by mass transit. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Sunset Point Road, between u.S. Highway 19 North and Belcher Road, is characterized by a variety of uses including office, institutional, retail, multi-family residential and commercial land use designations. Medium Density Residential District (MDR) future land use is located farther to the north of the site, while Commercial General (CG) future land use is located to the south and east of the site. Residential Medium (RM) dominates the land use to the north and west of the property while Residential Urban (RU) land use is located to the west. The existing surrounding uses include single-family dwellings located to the west and multi- family residential dwellings located to the northwest while office and retail buildings are located to the north, east and south. The proposed rezoning is in character with the overall FLUP designation along this block and is compatible with surrounding uses. Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 3 . . IV. SUFFICIENCY OF PUBLIC FACILITIES As stated earlier, the subject site is approximately 13.35 acres in area and is presently occupied by a mobile home park. Based on a maximum density of 10 dwelling units per acre in the RLM, Residential Low Medium category, 133 dwelling units could 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. Current Situation N/A N/A 29,176 ~i~opos~~ .Plan2 841 105 29,176 o o o MAXIMUM. POTENTIAL TRAFFIC SunsefPoint lload:Between:,$;R.$$O .&Enter Maximum Daily Added Potential Trips Maximum PM Peak Hour Added Potential Trips3 Volume of Sunset Point Road from U.S. Highway 19 North to Old Coachman Road LOS of Sunset Point Road from U.S. Highway 19 North to Old Coachman Road NI A = Not Applicable LOS - Level-of-Service I = Based on PPC calculations 63 trips per acre per day for the Residential Low Medium Future Land Use Category. 2 = Based on PPC calculations of 63 trips per acre per day for the Residential Low Medium Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan :$xisting Planl 841 105 29,176 D D D D Any increased trips will be distributed to Sunset Point Road. The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Sunset Point Road segment from U.S. Highway 19 North to Old Coachman Road to Belcher Road a level of service (LOS) D. No increase in PM Peak trips to the surrounding roadways will occur. Based on the ITE Trip Generation Manual, the permitted uses will not result in an increase in PM Peak trips to the surrounding roadways in relationship to the existing capacity. The transportation impacts associated with the proposed rezoning will be minimal and the LOS for Sunset Point Road will not be degraded. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along Sunset Point Road. Staff Report - Community Development Board - July 15,2003 - Case LUZ2003-05004 Page 4 e e Water As no change is proposed to the underlying land use designation, the proposed rezoning will not degrade the City's current LOS for water. Wastewater As no change is proposed to the underlying land use designation, the proposed rezoning will not degrade the City's current LOS for wastewater. Solid Waste As no change is proposed to the underlying land use designation, the proposed rezoning will not degrade the City's current LOS for solid waste disposal since there is excess capacity. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Prior to the re-development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. The site is currently developed with a mobile home park. Staff has not noted wildlife of any kind. The Environmental Division of the City's Public Works Administration and SWFWMD do not object to development occurring on this site provided that a site plan which meets all Stormwater requirements be submitted to and approved by Staff prior to the issuance of any permits. The proposed zoning atlas 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 Medium Density Residential District boundaries are logical and consolidates this site into the appropriate zoning district based on ownership by George C. Clark Investment, LTD. It will blend into provide a logical buffer to the existing residential uses to the west (separated by a Florida Power right-of-way). Commercial zoning districts exist to the north and south. Staff Report - Community Development Board - July 15,2003 - Case LUZ2003-05004 Page 5 - e VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-301.1. & 4-602.F.1. and .2.J The existing land use plan category, RLM, Residential Low Medium, will not change with this proposal and permits a floor area ratio (FAR) of 0.5, an impervious surface ratio (ISR) of 0.75 and a density of 10 dwelling units per acre. The proposed Medium Density Residential District is consistent wit the existing land use plan category. The size of the subject site is 581,526 square feet, and exceeds the minimum lot area requirement of 10,000 square feet and minimum lot width requirement of 100 feet for attached dwellings in the Medium Density Residential district. The site will be required to be reviewed as part of a Level One, Flexible Standard Development provided all Code requirements and criteria are met. Therefore, the parcel meets the size requirements of the proposed District and the proposed use is permitted in the Medium Density Residential District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The proposed use of these properties is consistent with the Office zoning district regulations. SUMMARY AND RECOMMENDATIONS An amendment of the zoning atlas from MHP, Mobile Home Park District, to the MDR, Medium Density Residential District for the subject site is requested. The subject site (13.35 acres) exceeds the minimum requirements for the proposed use of the property as attached dwellings. The neighborhood is surrounded by multi- and single-family residential dwellings to the west and northwest. A variety of non-residential uses exist to the north and south along u.S. Highway 19 North and along the Sunset Point Road. The proposed rezoning will be compatible with the existing neighborhood and is compatible with the existing land use category. The proposed MDR, Medium Density Residential 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. Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: ACTIONS: 1. Rezoning from the MHP, Mobile Home Park District (City) to the MDR, Medium Density Residential District (City). Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 6 e - CONDITIONS: 1. That a site plan which meet all the requirements of a Level One (Flexible Standard Development) or Level Two (Flexible Development), as the case may be, be submitted to and approved by Staff prior to the issuance of any permits; and 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 Department\C D B\Zoning Atlas Amendments\Z - 2003\REZ2003-08001 2520 Sunset Point Road1REZ2003-08001 Staff Report.doc Staff Report - Community Development Board - July 15, 2003 - Case LUZ2003-05004 Page 7 CITY OF CLEARWATER " ~pr=~ -<~~J~~ ",,,,,,,~~.-'--";N;;:,1.,., 7;;."1/.<i~__-- l~j.~'..:i~ '7.{} Wr"..T~$!.j~t....,~~~~ ~~~<6-JI~11'rf~~~~ LONG RANCE PLANNING DEVELOPMENT REviEW PLANNING DEPARTMENT POST OFFICE Box 4748, CL~'RWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUHnING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 August 27, 2003 Johnson - Page Two 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. If you have any questions, please do not hesitate to contact me at 727 -562-4558. August 27,2003 Mr. Timothy Johnson Johnson, Pope, Bokor, Ruppel & Burns, P.A. PO Box 1368 Clearwater, FL 33756 'YJ 'j ~ o ,....:./0\. Sincerely yours, _--- b~-~-- / ~ Mark T. Parry Planner ce ~" ...- ~_____n RE: Application for Zoning Atlas Amendment RE OD3-G8001) approval to rezone two land parcels totaling 13.35 acres at 25 unset Point Road from the MHP, Mobil Home Park District to the MDR, Medium Density Residential District. Dear Mr. Johnson: The Planning Department has reviewed your application to rezone two land parcels (REZ2003- 08001) totaling 13.35 acres for the site at 2520 Sunset Point Road. After a preliminary review, staff determined that the application is complete. The application has been entered into the Department's filing system and assigned the case number REZ2003-0800I. 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 Corrunittee, 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. ,e 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 11/20/03 City COlmnission (first reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3'" Floor of City Hall at 112 S. Osceola Avenue S:\Planning DepartrnennC D lJ'.Land Use Amendments\LUZ 2003\REZ2003-0BOOl 2520 Sunset Point Roat:f\REZ2003-08001 complete ltr.doc BRIAN). AUNGST, IvlAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COI\'IMI5SIONER WHITNEY GRAY, COMMISSIONER FRANK HlBllt\lUJ, COMMISSIONER * BllJ.jONSON, COM/'.tlSS10NER "EQUAL EMPLOYMENT AND AFFIHr--1ATlVE ACTION EMPLOYER" '."'/. of,' .; ...f~~t~~~ -;.~~ ~:' View looking southeast from Parcel IV View looking southwest form the east edge of Parcel III View looking northeast from the center of Parcel IV View looking south from the center of Parcel III View looking west the east edge of Parcel III George C. Clark, Investments, L TD REZ2003-08001 2520 Sunset Point Road e . Location Map Owner George C. Clark Investment, LTD. 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Parry Case Number: REZ2003-08001 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 George C. Clark Investment, LTD. Case: . REZ2003-DSOO 1 Site: 2520 Sunset Point Road Property 13.35 Size(Acres) : Zoning PIN: 06/29/16/09072/000/1200 From: MHP To: MDR A tlas Page: 254B . - Two-inch by Two-inch Map Owner George C. Clark Investment LTD. Case: REZ2003-DSOO 1 Site: 2520 Sunset Point Road Property Size(Acres) : 13.35 Zoning PIN: 06/29/16/09072/000/1200 From: MHP To: MDR Atlas Page: 2548