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LUZ2002-11011 t)'\-- \\Dt\ L~""t.--- y CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: ____~I~~_~N~__~R~~~IN~~__=~~~_'__~_~_~~r ~~_':.~o=~or_~~_io~_______________ MAILING ADDRESS: ____--.?_Q~_ W i_~d~~r~_! a~ s ag~__ ____ C ~~_ar~~!e:-,_~!:_}_~ 7 f:..2__________________ PHONE NUMBER: _____.l'ZllL_1~_.l:.9_E2~L__________ FAX NUMBER: (72 7) 443- 5502 PROPERTY OWNERS: Same as above ------------------------------------ -------------------------------------------------------- (List all owners) See attached list ------------------------------------------- -------------------------------------------------------- HARRY S. CLINE, ESQ. AGENT NAME: ------------------------------------------- -------------------------------------------------------- MAILING ADDRESS: _____J'oEt_Of lJc_~_ Box_J._~22-___ _____~1~~!"w9-..t..~!:..LK~__:nI5 7_________________ PHONE NUMBER: _______~727L_~4!.::__89~E2__________ FAX NUMBER: _lL~71__~1~_=_~"1}0_________________ SITE INFORMATION: LOCATION: North side of Windward Passage, contiguous to Clearwater Harbor ---------------------------------------------- -------------------------------------------------------- STREET ADDRESS: _____~02_Win9_ward PassC!.q?___ ___s:le~!"~at.~!:..LFL__33267___________________ LEGAL DESCRIPTION: _~~~_ Exh}:.bi t _~~~~ atta<?!J._e~__he_~e~S?__~ncL m~~e _.9-__part_!J.~r~_<2.~_l::lY_I_~~~rence. PARCEL NUMBER: SIZE OF SITE: 08-29-15-43380-004-0090 --------------------------------------- -------------------------------------------------------- ------------------------------------------- -------------------------------------------------------- 1.838 acres, MOL [80,077.667/sq.ft.] FUTURE LAND USE CLASSIFICATION: PRESENT: Commercial High Density Residential REQUESTED: REQUESTED: __.-!:!i'I!!__~ens_~ ty__~e~J-_~~E.tial ZONING CLASSIFICATION: PRESENT___ Co~~rci_c:~_____ PROPOSED TEXT AMENDMENT:Chafi~ i-r...om"Comrnercial Gene.:jC-a"Tl to Residential High --~---------~--~~~~- -~------~---------------------------------------------- (use additional paper if necessary) _L____--'~_~~___~___ ______________________________________ ----- ! I (We), the undersigned, acknov,jledge that all NOV ? representations made in this application are tru and accurate t~ the best of my/Co knowl I ?on? STATE OF FLORIDA, COUNTY OF= P~LLAS ~W6rn to a subscribed before me this _/l~_:::...__ day of November, 2002, to me by \-\ACUZH C;. CUtJG , who is personal~y Known or who d as identificatio II O:fin- KATHLeEN A. O'HEARN + .~ r . .: " . f Florida My Ccmmsc'cn t::.:r:'";:s .!u' 20, 2, r--.~_,,_!~,,~ ., .-~,-,."." ..-'._....r~.~ CITY OF CLEARW ATER APPLICATION FOR ZONING ATLAS AMENDMENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 Ll.-t) ?_~L - \\0\ \ APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: HIGH AND DRY MARINA, INC., a Florida corporation Clearwater, FL 33767 MAILING ADDRESS: 202 Windward Passage PHONE NUMBER: (727) 443-0637 (727) 443-5502 FAX NUMBER: PROPERTY OWNERS: Same as above (List all owners) AGENT NAME: MAILING ADDRESS: PHONE NUMBER: See attached list HARRY S. CLINE, ESQ. Post Office Box 1669 Clearwater, FL 33757 (727) 441-8966 FAX NUMBER: (727) 442-8470 SITE INFORMATION: LOCATION: North side of Windward Passage, contiguous to Clearwater Harbor LEGAL DESCRIPTION: STREET ADDRESS: 202 Windward Passaqe See Exhibit "A" attached hereto and made a part hereof by reference. PARCEL NUMBER: EXISTING ZONING: Clearwater. FL 33767 08-29-15-43380-004-0090 Commercial PROPOSED ZONING: High Density Residential LAND USE PLAN CLASSIFICATION: Present: Commercial SIZE OF SITE: Requested: High Density Residential 1.838 acres, MOL [80,077.667jsq.ft.J REASON FOR REQUEST: To allow construction of condominium residential development in lieu of commercial marina operations. I, the undersigned, acknowtedge-tR~_ STATE OF FLORIDA, COUNTY OF PINELLAS 1"6 representations made in t~is appHbpt/PTi ------=-::-:-::-?~ffi-tO-and subscribed before me this ~O -- day of are true and accurate to t~e best of mY" .' i Nov@mber , A.D., ~9 2002 to me andlor knowledge. .. - by '--'0. W~~ , who is personally known has R oduced as NOV? I 2002 identif r ~!tt{ {l. DJl/Li- y owner or representative . ~, I ' . L c --.------ ----..-. ':,n:f1 K.'\TI-HEEN A O'HEARN Page 1 of 2 My Commls<ion E~r::!:s"'i .Ill' ?Q, 2003 C:o;;-,. .~, ~ -c: C:~\~::D?'33 CITY OF CLEARWATER AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 HIGH AND DRY MARINA, INC., a Florida corporation (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 202 Windward Passage Clearwater, FL 33767 (Address or General Location) 2. That this property constitutes the property for which a request for a: Rezoning and Land Use Plan Amendment from Commercial to High Density Residential (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint HARRY S. CLINE, ESQ. as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. ~~ ---: STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Flori a, on this ~ {)+6- day of NmTPmhpr ?OO? personally appeared i?tZ:'1C-6,6~ oj who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit that Ish signed. {lDiJA Notary Public My Commission Expires: ,------ ~. -........", r---~ /--...... ~__.......,,.. _ ~ s: application form~~e..;er6pment ~eVlew/~~da~,t to Auth;IZ~ ~e~7':.' ""', ' Ill~~ . __ ' I , . I r- " ' ' --- - ,-, - : : U L NOV ? I 2002 ~ L_____. Pl~^\i\!!,'!G S DF\ 'f:NT -- ...... - .- - KATHlEEN A. O'HEARN Notary Public ~ state of Flortda My Commission B:pl;es Jul 20, 2003 Commission # CC855733 (~~ ~::.;, ~~ " ';;'~f",V' ~ ....... ~ c'r_',: LEGAL DESCRIPTlON UPLANDS: A P,ORTlON OF lOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OFCLEARWAJER, TOGETHER WITH A PORTION OF VACA1ED DORY PASSAGE. AS RECORDED IN PLAT BOOK 51, PAGE 34, PUBUC RECORDS OF PINELLAS COUNTY, FLORtDA,-SElNG MORE FULLY DESCRIBED AS FOUDWS : BEGINNiNG AT THE SOUlHEASTCORNER OF SAID LOT 12; THENCEN49~3141"W ALONG JHE'NORTHERl Y RIGHT-OF-WAY LINE OF WiNDWARD PASSAGE, A ..DISTANCE OF 320.00 fEET TOlHEPOINT OF 'CURVAlURE OF.A CURVE TO lHE,'RIGHT; :JHENCE ALONG SAID CURVE, 'HAVlNC::A:RAoIUS OF 5Q:~OOFEET; .CHORD .31J>2FEET 'BEARING N.30"S7'41"W, "A DISTANCE OF 32.11fEET-:TO'A POINT OF RE'JERSECURVE; THENCE AlONG A CURVE TO THE lEFT HAVING A :RADtUS Of 50.00 FEE:r~CHORD OF 73.14 FEET BEAR1NG ' N59~1'2S-W~ A ,DtSTANCEOF,82.03',FEET; ,'THENCE, LEAVING SAID UN[,. ,N16~1'22"W A DISTANCE OF 120.DO,FEET TO,~THE POINT OFCURVA"TURE OFA NON-TANGENT CURVE: THENCE'::ALONG .SAlDCURVE: TO THE .RlGHT 'HAVING A ~ADJUSOF170.QO'FEET, A CHORD OF 162~S7. FEE:TtlEARlNG S7T51'31.E,.~.AOtSTANCE OF'~;169.50 FEET, TO. A POINT OF TANGENCV.;mENCE:S49.2S41~E.' A-DISTANCE OF. 180~OO fEET TO THE POlNTCURVATURE , OfA'OjRVE,1a"1HE'LEfT: : 'THe::-NCE.:;'ALONGSAlD CURVE HAVING A RADIUS. OF 70.00 FEET, A 'CHQRD.'OF74.B4 ffETBEARfNC 'S81".42'22~ A DISTAncE.,OF 78;'96 fEET, TO A POINT. SAIOPOINTBElNG, l1:iE, SOUTHWE~Y.CORNEROf -PHASE1V VILLAGE. ON ISLAND:ESTA TES. . ASRECQRDEO,tN 'PLAT-BOOK35.PAG,t 12. PUBUCRECORDS,OF PlNEUAS COUNTY. FLORIDA; , THENCE "ALONG '1HE'SOUTHERlY :UNEOF SAID VILLAGE, ON ;ISlAND ESTA lESt THE FOLLOWING THREE (3) COURSES: . 1. s49"23~4,-i~ADlSTANCE ,QF,136.76 fEET; 2. SOS12'32ttE.A DISTANCE' Of 81.0S:FEET; AND 3. S40~6'19.W. A DISTANCE OF 1 06.62 'FEET TO A POINT ON THE NORTHERLY RJGHT-:-OF-WAY UNEOF THE AFOREMENllONED 'WINDWARD PASSAGE; THENCE ALONG SAID LINE N49"24'09.W. A orSTANCEOF61.00 FEET; THENCE S40~6'19.W, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.838 ACRES OR 80,078 SQUARE FEET MORE OR LESS. ALSO. SUBMERGED LANDS: THOSE SUBMERGED LANDS L YJNG NORTHWESTERLY OF PHASE IV. VILLAGE ON ISLAND ESTATES, AS DESCRIBED IN .O.R. BOOK 5885, PAGE 2178, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIQA AND AS SHOWN HEREON. ) ---- EXHIBIT j IA" ~/c 776 HIGH AND DRY MARINA. INC. List of Owners Linda Groves Anne Bond Sara Blignaut Tracy Swartz William C. Armston Bryce Armston Bryn Tomanek John and Donna Carey Hans F. Heye Supplemental Information Required for Applications for Comprehensive Plan Amendments OWNER: HIGH AND DRY MARINA, INC. PROPERTY: 202 Windward Passage Clearwater, FL 33767 A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida: Copy of survey attached hereto Proof of Ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership: See copy of attorney's letter attached confirming ownership [one (I) copy only] N ames of all persons or corporations having a contractual interest in property: Haider Development Corporation 1079 Boca Pointe Drive Orlando, FL 32863 An assessment of impacts of the proposed change in the adequacy of public facilities, the environment, community character and the fiscal condition of the City: An assessment of impacts would include: . Enhanced environment: the present use is a high intensity marina facility, involving the daily impact of a large number of boats being loaded into, and from and out of, the Clearwater Bay waters; on weekends and holidays significant traffic comes to and from the site for these marina purposes. . The area, except for this marina facility is, or trending towards, residential or residentially consistent uses, so that this change would be more in keeping with the community character. . It is anticipated that residential condominium development would create greater tax values for the City. ******** Information that demonstrates that the proposed amendment complies with the following standards: (1) The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan by removing an isolated, intense commercial usage within an area generally regarded as residential. (2) The amendment is not inconsistent with other provisions of the Comprehensive Plan. (3) The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the specific area, as well as the Island Estates community at large. (4) Sufficient public facilities are available to serve the property. (5) The amendment will not adversely affect the natural environment, and the proposed change should have a positive environmental impact, removing a commercial boating operation with repeated impacts on the bay and the bay bottoms, which should be minimum subsequent to redevelopment. (6) The amendment will not adversely impact the use of property in the immediate area. The amendment should enhance the property in the immediate area, eliminating significant traffic impacts on weekends and holidays, and the operation of a commercial facility starting essentially at daylight, seven (7) days a week, involving forklifts, and attendant noise in launching and retrieving boats from Clearwater Harbor throughout the day and into the early evening on a year-round basis. H:IDatalAtyIHSClDocsIHigh&Dry-comp-att. wpd '-..- ~ ~ , ~'),)~-......, 1,J$..J2~- __, ~ " ~ " '1 I I I / / ~ ~ ~ ~ ~ ~. " " ~ " !J '? 0b fJ ..~ '" " i~ , ~/ 5/ ..,":/ il ~I I I \, / "~ / / I I I l. I '. I t f;' 1Xi" .. .,. i II~II; ~Ii a J;I~!II. -1:1_' I Ii ~'51 ~f 3 ~I . HI!H;i !I ! alIH~ I! Irl~"i ~* ,'1-"1 i~ .1811 ~I H'I i ~ ~MI' i '!I~ J ' I' ....tofT..I.. ;qli:Ii!1 !I, 'P I , , n IU 0" !:1rn ?40 ~~ .., '- ~~ t::l " ~ t'>j ". Owc O"'TE: 02/01/02 1JM~~ BY, D.JJ, .(. '.3 .l .. I / / / / / / / / / / / / / / / / / / / / ~/ J/ :t/ ;/ t./ l~n / ~O ~ I "'~ ." l!lill ~ \, I ~Vt.~ I / / / / / / / I 1 n ". .. ~ .. ... "Q;';,j-:-- " "5~, ~J--"""'-" 5:.J;,' .. .. .. ;;0 ~ <S ~. " ." i' " ;:j ~ '& I) @ .~ \;:: " \ '" ... .. " .. ..-! . ( (~ :'~\: ll( :~..- ",' ., ,~ UI~! I; ~ Ii a 8 : II ~~ ; . ~ 'AliI p' ~ &1 g ~~i ~'i ~l ' i :Id i~ I !AI' . '.'1 d rl\, , I ~ I ~ I~ II! I' \....1 I II q -a q: IIhrl !I ! .~~. r ~< S 1I1~. e ~ ,MII i 'frl i q j I iil! I !!hi!1 ~:~.. ; ~~. !~.~;~~ .. !f~i ~ h ~ .:. -i~a~ t ~. ~~ S " !~ .~ ~~ . Ie ~ ag- 001') ~ ~ ~ ~... ',; NOV 2 \ 2 'L ~;_'_' I a~ ~J l~, .~~ 9 h !clfi I __-~~. C!RI~ ~. ,_ ",,,:lilT ~~\1 PLANNING & OEVclOrM1T ;~!! ~ c:r:o\IICES Q.< J; ;~ ~'i , "~~~~ ;ili!:!~: l~ ~ p~ g'i 11 ~ ~ -< h ,~g ;>~ ~~ .., '1:l 0 -=II "11i'if~j;l1~;;:,lI~$~.~ ~~ tfl (') II) 0 ~n Coo Zo ..,~ ..,.fI.l- :: n~iqHp "'l - n~ 'p I r:-<~ ~:>> l _ Z ! t:l c;'l > M .... ell trl :>> " m -t!>', ~ (Jwc O"'E~ ~~ 'QR~VfN B~ ' ,0.1)', ,)~!>(~~.,'ft1lO ,'.~ ';.", "r ".' , ,\ :~<~~~;:~-, Ct.R lit 1[0 10' CHARLES F. BARBER Attorney at Law JORDAN HILLS PROFESSIONAL CENTRE 1550 South Highland Avenue - Suite B Clearwater, Florida 33756 Telephone (727) 441-4727 Facsimile (727) 443-4959 E-Mail Address debbie@abmlaw.com Charles F. Barber November 13, 2002 City of Clearwater 100 Myrtle Avenue Clearwater, FL 33756 Re: High and Dry Marina, Inc. Real Property at Lots 10 and 11, Unit Five, Island Estates of Clearwater Attorney's Title Opinion To Whom it May Concern: The undersigned is a licensed practicing attorney in Clearwater, Florida. The undersigned has examined the real property records for Pinellas County, Florida, with respect to the above- described real property as of November 7, 2002. That based upon said examination I find that title to said real property is vested in High and Dry Marina, Inc., a Florida corporation subject only to the following reservations or restrictions: Easement Agreement by High and Dry Marina, Inc. and City of Clearwater, Florida a permanent sanitary easement. Yours very truly, CFB/dab cc: Bryce Asmston ~,\tW EXHIBIT UA" tots Ten {ib)l:1h~ Eleven (11); 01dck 'Inlt} UrtH li':tve (5); tSLMw !!:StAtES lH~ ctl!;A.Rl1ATEh, tlccorrHng t.o tlH! tn~p hi" pl~l the~~or ft~ r~cor~e~ 1n Plnt Dook 51; Page j4; of t.he Public !laeohl!} ot pinell as county; Fi orlritl: ALSO! Th~t p~~t ot Lotklh@ (~), hlbck dnd, Unit Fi~e (5); tsLMm BstATES of CLs.UmATEtt, ElccbhHHg to h!!\IJ Ur pl:il lhareof Its h~coi",-1~rl :l.11 phi. Hook 51; Page 34; of: ilie , Puhlic n~CD~~~ of Pih~11~g CouhlYt Flnrj~a. lyiH~ El~lb~ly of ~ line ~e9c~iij~~ a~ fol1o~~! From the SoUth1.re9t.~rl}' eorHer of sa Ll Lot g;. rW! Basterly ftlohg the southerly line ot ~Qi~ Lot ~} dlbhg ~ c~ve lo the r:l.~ht. ot 50 teet rati.iU!} (chorrl bearing N. tij02a 146'1 E.; chohi rthi~h~e 17.j6 r~et.) i7..45 rElet fat- a point. of l1er:dh- Hin~~ lh'hd~_ ~Url N. 1603111~" w.; 120 teet io ~ ~bint bt 8hrHng ot! t.hrl ~joH.herty Une of sliicl Lot g: .9~irl pOint he- lli!!; 59.34 i"eel:. Ei1H~rly ~lohg the ctt!:'VS .of the Northerly tine of Lol 9 frolTl t.he KoHh\.:est.er1y cot-l1~r or tbt 9 (1l13in.i; the EMilerly 2j:Jhts of sairl Lot 9. j J:x')(':' 4 .10 ':,::>ue I .so -r-c: D . O<:;? 1; .CO ;~ i ::',( c', .1 ..1., _~ C,~ : ;':! (~~( ; g 1 n- -=t< 'd <1l I-l rG p., Cl:: L OJ l.l..J l.("") (" ,... D:; C[.1 (.!:) t'\.lL! ,,~ c." ~ ~~ >< c: .j.J<Clg~. ClXlZ" ( (1J u..: <r: ~~:~ LJ ~cn2:'7.: 1-l~1~~~1. .j.J 0:: .= ,_ ., rn:2 I.X: (/) " cucno' ".-I =.1 0- r', <=l: rn ''; .. ti~ r- :z a:: ';:) ~ FORM 1124 FLORIDA Wauuuy Dud (From. Corp.) ? 41JJ50'l~ t1tIt TUTBLANX "~OISle.RE,D U,$PAT.OFFIC:e. IIIJ h- . La w Prmt;Pubhshers,h'ut/and, /It: W'hbi 1Tnbtttfurt, ,i. ~. 4201 PAGE 35 Jllade this .. "'J ~'::'--"t ,{ AUGUST , .1. D. 19 74 day of Jf7k!lrl!!Vllr wed Mrt!i~, ~ krm "party" ,hall i1tclruh eM lui,." perIanal rtlpre,ent4tive,. ,uccel,orl and I or a."itrJ.I of the rupectiv~ partiu kerero; ~ rue of the ,intular number ,hall incltuiB the plural. and eke plural the ,intular.. the IUe of any tender ,haU inclrule all/ender" irtwrru NORTH BAY COMPANY a corporation existing under the laws of the State of having its principal place of business in the County of ~tate of Florida party of the ftrst part, ~ HIGH & DRY MARINA, INC. <.>.... ~ r1Jfthe County of pinellas and State of Florida ~art!/,.,/Jf. the second part, jItIIUne.a.ad11. that the said party of the first part, for and in consideration of ~the sum OfTEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION~, .lito it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part forever, the following described land, situate, lying and being in the COlmty of pinellas , State of Florida, to wit: Florida pinellas and , and From the northwesterly corner of the intersection of Windward Passage and Dory Passage in the plat of Unit 5, ISLAND ESTATES OF CLEARWATER (see Plat Book 51, page 34, of the Public Records of pinellas County, Florida), run N 40036'19" E along the westerly right-of-way line of Dory Passage (easterly line of Lot 13, Block D) 110 feet for a Point of Beginning; thence run N 49023'41" W, along the northerly line of Lot 13, 91. 73 feet to a point which is 8.27' easterly of the northwesterly corner of Lot 13; thence run (continued on reverse) .And thesa,id party of the first pa,rt does hereby fully warrant the title to said land, and wUldefendthe same against the lawful claims of all persons whomsoever. ,.~. r: n"V 3Ju Bitue.a.a Bl1rrrof, the said party of the first part has ~ \. (' caused these presents to be sitned in its name by its President, "",:. _.')1\ P:J,~ ,~. " ....'. . . . 'lo:) " and its corporate seal to be affixed, attested by its "';~:: I"~'r.. ,'" -:'-' Secretary the day and year above written. ( Corp()ra~~-.) . . Seql)' ..~......._..._ ~ "., ,.-~, \ ,. ~/~~: -' c;:;::v-_-=:::. "/ 'AU st</, ."":2' ~'. (, Ii It:h::..e~e:-ll s . ec ary . &t91itilf: r Ir ~ltb;Jftl;l1i;t~ 7tu {@ur JIrmlttr: ,~c . 'C NORTH BAY COMPAN~ i-~-~ / \"'~ By /~- (1..(/ .le/.'l' /;{~ ., Wm. A. Sml th, Jr. V PreBident. .-! /~/ ..// ~tutl of 1J11nftbu Clroultt.. of P INELLAS } ../ ., ...~ ~) /} / JJ :Hrrrby ClrrrUfg. That on this --x'!u.-(- day of.....---~z(.c-.J( 4 ,/-- A. D.19 /(-; before tne per.~onally appeared Wm. A. Srni th, Jr. . ~) and . Charles F. Barber Vice President and .' Secretary respectwely of NORTH BAY COMPANY , a corporation under the laws of the State of Florida . to me known to be the persons described in and who e;recuted the foretoint conveyance to HIGH & DRY MARINA, INC. and se1JeraZly aclcnowledt~rJ:_theex.ifiiu;iion-thereof to be ,their free act and deed as such officers, o. e~...a~r1::T{u"'XQse~ therein me7J,t~on.ed" a~d; tha,t"they affixed ~~:~'~~ , M71l5}t~ '~wpo>at'an, ondth~~";'~1t~n",~n:"i '0' oot and in t~:tll O~ '~~lU;r~!~:!:cial s.e....a.la...:t :q:7...:..d...... s~'!r4().a.,~}~.1.f!!02:r... .'~~!": 'he d. a .y. an.d year las ~~ iC ( .:1' '};li(- ( ~;:'l';";', .': \ r-' \ ~';'L' .... .?:f' _, ,7.;'~...'" /' \ \ \ \ {'{UV .',<. /:',:: :tod!-~,' s,.:if;.,.zr 14'.;0-7'/ \ \ \ ,I. \ J{ota;ry Pit~ltc ,:". \ \., .My,.Oomm~8siol1/Exp~re8 ". ~,.< HOI8/'V Publlt>.S!lfte of Florlde el LBr~ My Commission Expires Oct. J, 1975 ,',' ',', .. .... .', '. '. .... .... ,'.' .', : '. .'. : ':: ,~: .:: '. ;::' ii:' .' ',' ;.; ;i~i ';: ,i. ~. 4201. ~AGE 36 (Legal Description, continued. . .) N 8043'26" W, 77.49 feet to the northeasterly corner of Lot 12, Block D; thence run northeasterly along the seawall line on Clearwater Harbor along a curve to the left of 70 feet radius (chord bearing N 75047'38" E, chord distance 23.86 feet) 23.97 f€:et; thence run S 49023'41" E, 136.75 feet; thence run S 40036' 19" W, 70 feet to the P.O.B. -Also- From the Northeasterly corner of Lot 13, unit 5D, ISLAND ESTATES OF CLEARWATER, S 490 23'41" E 80 feet thence run N 8012'32" W 106.30 feet thence run S 4q036' 19" 8 70 feet to POB. (See Plat Book 51, page 34, of the Public Records of Pinellas County, Florida). .,. ... C") .... ~~ C") ~z '"" '" 20 ii:u = DOCUMENTARY. SUR lAX l~ I 6. 5 01 c, ~~:n~ATE--OF r=CoRToA I ~~ ~ D_O.CHMEtiT~R.Y,__.~~;:(..,;;, STA'~P Tl,X I "'::> !!..EPL Of REVENUE~;:ir - ;';';,;----, ~8 N::::= raIL~'. ,. ~ """ == P8. - AUG-2'74 ':.'~ ,:::: 4 4. 7 0 I =='!Q~.3'!._________'>: <-'_____1 ./-' t:; 110\\1 ~ ~ o:lo ~..,:;..;."" (t ~IJ\I rIJ .}~\ ~ 5': ... ;u ("'.l 0 ~ i: 0 0 ""i ~ 0 ;u 0 0 "G 0 l"l ;u 00 > ("'.l -l == 0 y~ .... z ~ .... 0 ~ '7 /2" ~11 chi 40 Rec I{,(") 0 4\ St ________ 42 Sur _______ 431::i ..",.",.~",,- T G t l( () Q .A.-.-- 78175019 DoR.~7.tu PAGE 795 RELEASE OF PERPETUAL EASEMENT STATE OF rn SSOURI COUNTY OF ST. LOUIS In consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS received from HIGH AND DRY r1ARINA, INC., a Florida Corporation, we the undersigned hereby release unto them all rights we acquired by that certain perpetual easement dateo September 27, 1974 and recorded October 1, 1974 at OR 4220, page 1409, Official Records of Pinellas County, Florida, said perpetual easement being for ingress and egress over and upon the following ~ ~~..j 1Il~1l.. flo- ~ ~t:2 R ~ ~~ ~ It Ilo z-f::~ o <. ~a:~5g j~~r 1>48",15 oll..;l! .. I;~~j rg ... /Z:l Ii ~ ;j~ {;C.:> described property: From Northeasterly corner of Lot 13, Unit 5D, ISLAND ESTATES OF CLEARWATER, S 49 degrees 23'41" E 18.5 feet for POB, S 49 degrees 23'41" E 21.5 feet thence run S 40 degrees 36'19" W 90 feet, thence run N 49 degrees 23'41" W 21.5 feet thence run N 40 degrees 36'19" E 90 feet to POB. (See Plat Book 51, page 34, of the Public Records of Pinellas County, Florida.) Said perpetual easement is hereafter waived, discharged, re- leased and forever cancelled as to ourselves, our heirs, successors and assigns. ~ Z 0:: ::J ~-. lIJ 0:: IN WITNESS WHEREOF we have hereunto set our hands and seals --- day o~ Oci::ober , 1970. this /' 20th .1!\t!;"., t/ ,fiVt'~li~" "i"E It:.1''toOl't ORWA '\~,"""M f4)..-tt...t...,. CLERK CI/ICUIT COURT 1'1 I II ~rrjr,'ll 7'"" II':' I . I' 'jr /. ,II:' ,x. ,'::'(CORPOPjl,TE SEAL) II' t~\ ! I . -.J) ,-~! ~?-:';. (.'! r _~l Now I 4 5J fH :78 J.S. SERVICES OF FLORIDA, IHC. , , Aute'8"t; . .' ",,' /' STATE OF :nSSOURI COUNTY OF ST. LOUIS By: /' ~~~4~~ ~-- reslden~ / / ,. The foregoing instrument was acknowledged before me this /'20th day of / October , 1978 byY Andre\~ H. l~uenneke.ll1 and -/.. ElIr]ene n. Smetilna President and Secretary, respectively of J.S. Services of Florida, Inc. on behalf of the Corporation. 'Wi tness my hand. and o~ficia~\.w:tal at..-JBal1Ivin, County of st. LQyi;s <,!no State of M1SSOUr-;1..j, thlL.S X 20th day of October, 1978. ': 'C'" ___.~ .-.1'" I -/ . y.--N\ \ ,- \..:.::N N - 'J~\<\{\\~(, ~;:I~~~ y '\ f\ ,\ S\::{\~ ~ . <~.'i{y,~;mmiSsion e~ires: C\1'"< Or c'- , ~ ~L.--8 -~/' fl.'--N lit. 7> .' ;;{/, 'I '7/", .o~r' ,31' ,55 ,A' Ii 7.s5 Ul >- iii ill Z l'l 0: l'l 0 1 ~ II. >- i m u 0 ~ <( ill ill 0: It m <( i 0: n. ill ~z 0 t- n.O I- ~ t-t< II. zo, ~ 0: <( ill::;; ~ ~ ~H :Ji><: ell u 0: ~~; w iii Ul > Z <( <( ~~ u >- ~H j H <( H 0 H Z :s: <( ~ " CIl ~ 't 2 a:: i2 lLJ 0:: ; J) , fORM 1131 Florid.:! QUIT CLAIM D":";D. (From Corporr '781.75022 lilt 1.;:.:_:'1" ( '"r:i!":'ClI Tot 7, 8"S~ 7. nri I II Nade this 6th , .1. D. 19 78 October day of iBehueett J.S. SERVICES OF FLORIDA, INC. a corporation existing under the laws of the State of Florida party of the first part, and HIGH AND DRY HARINA, INC. mailing address beina 202 Windward Passage, Clearwater 33515 Pine lIas and State of , of the County of party of the second part, Florida IIUuennet11. that the said party of the first part, for and in consideration of tlw snm of TEN DOLLARS AND O. v. C. Dollars, in hand paid by the said party of the second part, the receipt whereof is h ('reby ac1mmcl- ('dged, has remised, released rind qnitc1aimed, nnd by these presents docs l'I'mis(', release and qu,itclaim l~nto the said party of the second part all the right, title, in tcrest clnim and demnnd which the said pnrtyof the first part has in and to the follon'illg described lot , piece 01' pnrcel of lnnd, sitllaie lying and being in the Cowltyof Pinellas State of Florida, to wit: THE NORTHWESTERLY 21.00 FEET OF THE SOUTHEASTERLY ONE-HALF (1/2) OF THE NORTHERLY 90.00 FEET OF DORY PASSAGE. (PAVEMENT, INCLUDING CURB-MORE OR LESS-AREA). DESCRIPTION: ncomrnencle at the east corner of Lot 13, Block D, at a point on the northwest right-of-way line of Dory Passage, as shown on the plat of Unit 5 Island Estates of Clearwater as recorded in Plat Book 51, i Page 34 of the Public Records of Pine lias County, Florida and go , S.490-23'-4l"E., 40.00 feet, along the boundary of said plat to the l'centerline of Dory Passage for a Point of Beginning; thence S.490- 23'-4l"E., 21.00 feet, along said boundary; thence S.400-36'-19"W., 90.00 feet; thence N.490-23'-4l"W., 21.00 feet, to a point on the centerline of Dory Passage; thence N.400-36'-19"E., 90.00 feet, along said centerline to the Point of Beginnin~rr'p'~9ntaining 1890 square feet, more or less. }'Ij,lLA;'til.rlQAJllA ~............ tq...u....t.... THIS IS .A. DEED OF CONVENIENCE. CWlK OlllCUIT COUAT Nov t 4 5\t PH ~7U UJu ifInltr null tu ifIulll the same, together with a.ll and singnlnr thl' appl~rtena.nces therennto belongintJ or in 11J1yn'ise appertcdning, and a.ll the rstatr, right, title, interest and claim whntsoel'er of thc scdd pa.rty of the first part, dthcl' in law or equity, to the only propel' u,se, benefit and behoof of the said party of thc second pa.rt. ( Corporate Seal) 3'111 :IlUnp!Hl :Il11prrllf. the .~aid party of the ftr.~t }lflrt ha.~ caused these presents to be sidned in its name by its President, and its corporate seal to be afti,xed, attested by its the day and year above written. ,~ i- , -' ! , I' ~. S. Services of Florida, Inc. ,f,. 1,.--' ( A~test;./ (~'~d/a/~ , , ( Secretary By/ ~r-'''~ , , / '~J'fuit!en~. :--.- , , ' , , --~--~- , Si~ne ; Sealed and geli vered in Our Presence: /~ ()('" :_:~,At,< "'- <_, '-- U.J.L..zc?- L-- r", ,('",-. '-- ~~'L)~-Y~~O/"-O ,\:n\1 .\It.l 2002 FRm1 : 21202. 741216185 ~. I. -1216 PaGt:140;, i405 RESOI.UTION No, 74 - \OS WHE:a.EAS. it h&e 1:Ioen reqU4!lIted 'by m,h aeel Dry Ma.rlDa, Inc. and :r. S. fMlmcell a( Florida, 1Il.c.. owner. of certain real property' 1c UDit S. blaDd E.tatea Qf Clu.rwat.el', in the City of Cle.~r, i'lorlda, that the City of C1.ea.rlll&UZ, Florida, v&C&te s certlWl portion of Dory Paualle; and. ~J Ut.e:I' proper pubUc Dotie~ aDd publlc: lacari:lC t.her..OIl,. the Clty CCllm:a1..isa fiDd. that ..14 porli= of Dory- h.....e i. Dot 1U\cell..e.ry DOl' roq'lliJ'M aDd it i. d.eemad to b. to the 1:Ieet tat.erut IU!d ..dvantall" of the Clty ~ !M s~nl pahUc: that the elU1Ul be vaca&ed; NOli. -rHEREFOllE, BE IT JUCSOLVED BY'THE CITY . CO~t.r OF Tmc Crry OF CLltAllWA.TD. FLORIDA, IN SESSION :DULY AND ll.EGUI..ARLY ASSEWBLED. AS FOUDWS: 1. The.t ~ foUowbC: The No:rtl1~erly 90 teet of Dory Paallag., u ah~ 011. the pid of umt S. IlIlaDd ZIt.tea o! Cleanrlatel', a. recorded 1.a Plat Book 51. ~ie }4 of the PIlbl.1;: llecU%da of P1:Della8 COQItty, Fllftid&. ':::' be aDd. ~ unae i. hereby vxated, dOlled a.cd 1'6Leaoed, ~ tbe City 01. Cl.~r bereby quit c~ &I1d releallel all of iu rlpt. title aDd. 1ACereDt thereto to the perIlOll.. fl.rma or cO%'pOratiOlUl eJltlt1ed thereto by I..... eJECept1ci that 1twI City" of Clearwater hereby retamll lI2l. eaoem.ollt fOr m.tallatiOll _d ~e 01. all public uUliu... tJu:l~J but Dot lI'n:liQld. to _tar. e1eetric aoci et.o:rm. 3.Dd lIaDitary oewer lillee. 'lPCIII. sud ducribed real property. Z. That tllb City Clerk ia hsrtby directed to rec:ord chilli ReaolutiOll. iJl the .PUbUc; Recorda of PineUu COl1Jlty. Flarlda.. 3. That ~ c:ertified copy of thi. Re80blticm be t\l:rlli&hed to AllbrittOD. ., &rller. Atton:l.eye at Law, 425 S. Gardca AveJlUt, Clearwater, Flodda 33516. . .:.-~.: -"~"~-""r""",.. ,-', ,,. ,,\1.\' -")' :~/~\.,~,. ...;........ c' .:f"'.i- ",:' ~ ,...~ . ~~ : - PASSED AND ADOPTED this IbtA day of Septe . . ~, ~ a it % ?.1J\fL ~\s~ J RETtJRI'l 'fOI CITY ClERK P.O, BOX 4748 CtE). R W A TEB.. }' L.... 3;j~ j II (.. . -.....,. ...rt"/l f.'".~ ,,,.. "'i~ 1l\~I""'l1"rn~ ".: ~,; , ~.: '.." - .- 'll'J~,m":l:" . 1. ~:t':.' '. .' " . ---"/C~l)' pi' I.:..,'.....'..:. . '\....I.;.~ " I.) }:h:....\",.~nl. r. \,i\Jr,.I~' .....l.)Lrl :1 08: 18 ;1:174 P.l1/11 "f TS ':'-::GAL DC:SCRIPTION UPLANDS: A PORTION OF LOT 9 AND AU. OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5. ISLAND ESTAl'ES OFCLEARWAJER, TOGETHER WITH A PORTION OF VACAlED DORY PASSAGE, AS RECORDED IN PLAT BOOK 51 , PAGE 34, PUBUC RECORDS OF PINELLAS COUNTY, FLORtDA,-SElNG MORE FULL YDESCRIBED AS FOLLOWS : BEGINNiNG 'AT THE SOUTHEAST CORNER OF SAID LOT 12; THENCEN49~3'41"W ALONG lHE'NORTHERL Y RlGHT-OF-WA.Y UNE OF WlNDWARD PASSAGE, A DISTANCE OF 32D.OOf'EET T01HEPOtNT OF ~RVA1URE OF A CURVE TO THE-RIGHT; 1HENCE ALONG SAID CURVE, 'HAVlNC':A RADIUS Of 5ffi.OOFEET.CHORD .31.62 FEET 'BEARING N.30eS7'41"W, -'A DISTANCE OF 32.11fEET:~TO:'A POINT OF REVERSE CURVE; THENCE ALONG A CURVE TO THEeliFT HAVING A'RADtUS OF 50.00 FEET~ CHORD OF 73.14 FEET BEARING . N59~1'2O"W. A ,DISTANCE OF .82.03 FEET; .' THENCE. LEA\f1NG SAID LINE., .N1S"31 '22"W AOISTANCEOF 120.DO.FEET TO,~1HE POINT OF CUR VAllJRE OF A NON-TANGENT CURVE; THENCE-';:ALONG.sA1oCURVEJO THE RIGHT 'HAVlNCA ~AOJUS OF 170.00'FEET, ACHORD OF 152~'57, FEET SEARING S7!57'31-E..' A OtSTANCE OFJ09.50 FEET. TO A POINT OF TANGatCY;.'THENCES49"23"4.1-E,' A-.olsrANCEOF 180~OO FEET TO THE' POlNT CURVATURE OfA'OJ~VE.T()"'THELEFT; : '1HEHCE.'~ALONG'SAlD CURVE HAVING ARADJU$, OF 70.00 FEET, A 'CHQRD.OF74.B4.FEET ,BEARING. S81e~Z'22':E, A Of$fANCE,OF 78;-96f'EET TO A POINT, SAID .POINT.BBNG lHE SOOTHWEStE'RL-YCORNER OF -PHASE 1V VILLAGE .ON ISLAND 'ESTATES, AS RECORDEDtN "PLAi-BOOK~55, PAGE 12, ?UBUCRECORDS -OF 'PiNEU.AS COUNTY, FLORIDA; 'THENCE ALONG" '1HE--SOUiHERlY 'UNEOF SAID VILLAGE. ON .ISLAND ESTATES, THE FOLLOWING THREE _ (3) COURSES :' . 1~ 549L3'41-i-:' A OISiANCE .OF136'.76 FEET; 2. SOe12'32't:, A DISTANCE' OF 81.0SFEET; AND 3. S4Cr3S'l9.W, A DISTANCE- -OF' 06~62 FEET TO A' POINT ON THE NORTHERLY RJGHT~OF-WA,( UNE OF THE AFOREMENllONEDWlNDWARD PASSAGE; - . ' THENCE ALONG SAID ONE N49~4'09.W, A DISTANCE OF 61.00 FEET; T'rlENCE S40-:36'19.W,. A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.838 ACRES OR 80,078 SQUARE FEET MORE OR LESS. ALSO. SUBMERGED LANDS: THOSE SUBMERGED LANDS LYING NORTHWESTERLY OF PHASE IV, VILLAGE ON ISlAND ESTATES, AS DESCRIBED INO.R. BOOK 5885, PAGE 2178, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIQt AND AS SHO~ HEREON. ) --- EXHIBIT ~ Ie '\j 776 j /:~" " HIGH AND DRY MARINA. INC. List of Owners Linda Groves Anne Bond Sara Blignaut Tracy Swartz William C. Armston Bryce Armston Bryn Tomanek John and Donna Carey Hans F. Heye Supplemental Information Required for Applications for Zonine Atlas Amendments OWNER: HIGH AND DRY MARINA, INC. PROPERTY: 202 Windward Passage Clearwater, FL 33767 A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida: Copy of survey attached hereto Proof of Ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership: See copy of attorney's letter attached confirming ownership [one (1) copy only] Names of all persons or corporations having a contractual interest in property: Haider Development Corporation 1079 Boca Pointe Drive Orlando, FL 32863 A copy of any existing deed restrictions to which the City is a part relating to the property: None known Any request for a rezoning which is inconsistent with the Future Land Use designation in the Comprehensive Plan must be accompanied by an application for a Future Land Use Plan Amendment: Rezoning and Land Use Plan Amendment; Land Use Plan application filed simultaneously herewith. *********** Standards for Review: All approvals of zoning atlas amendments must comply with the following standards: (1) The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Commercial districts within the City of Clearwater are intended to be located in areas without adversely impacting the integrity of residential neighborhoods or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. [See Article II, Zoning Districts, S 2-701] The intent and purpose of High Density Residential is, in part, to allow for a careful and deliberate redevelopment and revitalization of existing neighborhoods . . . with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. [See Article II, Zoning Districts, S 2-501] (2) The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. The proposed amendment is appropriate to the property and compatible with existing and plan uses in the area. The present zoning, land use and property usage is commercial in nature, involving a large dry storage marina facility, on a cul-de-sac, in an area that is otherwise residential in nature. In moving the heavy commercial usage from this location, would allow for residential development consistent with S 2-501, consistent with the unique waterfront features, and consistent with the area generally. (3) The amendment does not conflict with the needs and character of the neighborhood and the City. The amendment does not conflict with the needs and character of the neighborhood ofthe City, and in fact is more in keeping with the character of the neighborhood than the present operation. (4) The amendment will not adversely or unreasonably affect the use of other property in the area. The amendment will not adversely or unreasonably affect the use of other property in the area, and should enhance property values and the quality of residential living with the area. (5) The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. Under commercial zoning and land use designations, the property can be developed in a multitude of intense uses which would be incompatible with the community, so that any increase on traffic facilities or other infrastructure matters represents a nominal increase, with a much preferred property usage. (6) The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. The district boundaries are appropriately drawn as requested. H:\Data\Aty\HSC\DOCS\High&Dry-zoning.att. wpd / / / / / / / / / / ,. , , ~';,J~',,:.....~, ... -\1:,)".. -',......... ~ . ;~ : -i .~ ~ g I ~,8 g ~ .... ' . ~ ~1 I I ~ I ~ I o I ~ I I I I I I I I , e/ ~j ~~ II ~I I I I \, I I I I I I I I, I ", I 1 ~ ~' !;J " ;;. " rJ '? &' .J) (] .~ " " '\ t,',: 'Ii" .... '.- !O i 112i i= !II a -1 'd~ r niP., 1I~[r~II'!nr:rli!.~ ~~ .il."ll !!I.~I !sli " I HI!t iH '; 111~'1 t1f'l nN 0'" I III' ~~ i. ~~ i 'i"1 ~* ~~ 'F ~I a; ...otT.!- ! lall : llili:Ii/l '-.j . <-':lj J .!I. i ~ H! !II I ~~ dJfI i , ! "'... p> t>j !fl~ i · - . I '" . - I / / I / / / / / / / ~ ~, m~~ ~-I:c.ii o~ " "", 'w ill'" "r, "'D ~., Cl :'l " .!, $ ~ ii -."'~ ~. ~~~ .. .....~!i ';:.. 11 -~ . ".f' L ~~ f!;'!J ~ :..,~ ~' ~ m~ ~.,. <<( ~rJ 11 '" , " ." . H -~ <><>& " '" ., P'~ k ,(ii" .,., i !I~! Ii ~ Ii a ~~I; ~; I ~5:i!~ "' A :811 ~~ I!I . I ~I!~ ifi ~ !~ dill ~p i! I fl ~ -jI ~~ ! ,IIi ~I !; I ilia ~ t~ .M~ J i "fl~i ~ ~ J J " .. .. .- ." .. "- 1\';?.(''iJ~~-'"'' ,~ lJ$.,J?~ 1 I I I I I I I I I I I I I I , ~ -'.~, 'D -l '1:l 0 ~3E ~~ n 11;/ 0<:0 SlUl ZO ~~ ~' 1:-'::0 @iz t;l ,) ~> M .... ". Owe OATE: 02/07/02 l.t.RnttED lO~ 'oRAYttf BY: 0.1;) >~"'tl>,'~'lYo1lD , , HIGH ~DRY MARINA, INC, :r~,r.;:~;~,;' .. '" .. ~ > cS ~ " ^' ~ 'y "'j I~ &n 0\ ,- ^' .. ... '" " .. I I J:;I Y I 5'1 ,.,0:/ 11 ~I I I I I I I ! I I I I. I I I ""rl"IW""!i~ . . -. to t1 " ! ... p~iinp, ..! !t~ it 1 ! 11/21/2002 1814-1 Hiqh & Dry Marina $885.00 19142 '"t:I ~ (1) -l ::T Cir 0) "0 "0 cr !a o' ::J ~ 0- CD Ci3:;! :S. (ii' ~ (ii' CD 0) a.Ci3 0) 0 g,!l!. ~ ,<"0 _ o-cn c:(3'- :e"'cn -.0) Z =::JQ gO)~ "0)> 5~"tI c!:gm :::!!_" CD -. s: a.g=l 9l 0' . -'" o 0) 9'"0 CD ~ o 3 S,.;::+ 0' o 3 CD S. 9' CD 0) "0 ~ &1' - o' ::J o ...., R~ eQ b~ ~~ tI1 p,o ~ tI1 8 CZl ~ p,o "= ~ '< a (1) = .... i-3 = .... ~ () 1r o :01" - 1.0 - ~ N ...... = '"t:I ('1> .... '" o = ~ II =- e Q. "= ~ (1) ., = ~ = :l':' 2: e > ... ... e = = .... 2: e n e = ::I ., a 2: e = e == ~ ... (1) ::t (1) Q. "= ~ '< ~ = .... ~ ~ er (1) - .... (1) a '"3 e .... ~ 8 N N o o N I - - o - - ~ er (1) - .... n (1) ~ a ; ~ 2: e ~ tD n tD ... ~ - =t:t: t:l.. = ~ ~N .. 0 ....0 ....N -0 ~o - 0 NO 00 So o o o ~ ......:I o 01:0. ......:I > > - 8 ~ - - <6 - " ~ e ~ N ~ 00 00 = 00 00 = 0'1 00 00 = 00 00 = t;, - " Ul VI .... Ul VI .... -- " "= 00 N ~. = 0 = 0 "= ~ ~ > 0 .g = 0 s; = 0 s; ~ 0 N '"3 ., ~ = n e Q. (1) t""' t::l 8. ~ e .s' '" .... ('1> CS' p,o = > .... ili '" ~ = ~ a o - o I W ~ - N 0'1 W ~ -< g Ii ~ 8 a ~ 1tf'T..T~~ ~.l't~LoF 71fY%'-' 1~II"'J~tb ,~~l\I/~,.. ~~ "'~ "'~.'''''......' / . i' ~.....--. __',_ '~,_ _"J "_.., ....... = ---" ...~;. ::== ~.. ~~~- I ~~ ~~tA~~..tJ~~,,' ......~~l~~~-.j. CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REvIEW December 16, 2003 Mr. Sal Haider Haider Development Corporation 10719 Boca Point Drive Orlando, Florida 32836 RE: LUZ2002-11011 - 202 Windward Passage High and Dry Marina, Ine Dear Sal; This letter is to inform you that the City Commission has approved the rezoning and the future land use plan amendment for property at 202 Windward Passage. In addition, the Board of County Commissioners and the Department of Community Affairs have also approved the future land use plan amendment for this site. The City of Clearwater can issue approval for uses at this property allowed within the Residential High (RR) future land use plan category and HDR, High Density Residential zoning district subject to the requirements of the Community Development Code. If you have further questions or need additional information, please contact me at 562- 4553. Thanks for your assistance in successfully completing the Rezoning and Future Land Use Plan Amendment application process. Marc A. Mariano Planner BRIAN J, AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILl,JONSON, COMMISSIOf\:ER "FOIIAl. FMPl.OYMFNT ANn AFFIRMATIVF ArTI0N FMPI OYER" STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor COLLEEN CASTIllE Secretary November 16, 2003 The Honorable Brian Aungst, Sr Mayor, City of Clearwater P. O. Box 4748 Clearwater, FL 33758-474 Dear Mayor Aungst: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment adopted by Ordinance Nos. 7001-02, 7056-03 and 7088-03 and determined that they meet the requirements of Chapter 163, Part II, Florida Statutes (F .S.), for compliance, as defined in Subsection 163.3184(l)(b), F.S. The Department is issuing a Notice ofIntent to find the plan amendment In Compliance. The Notice ofIntent was sent to the Tampa Tribune for publication on November 16,2003. The Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.3184(8)( c )2, Florida Statutes, requires a local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please note that a copy of the adopted City of Clearwater Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Municipal Service Building, 100 South Myrtle Avenue, Clearwater, Florida 33756. ~ \l 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marathon, FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-7956 Honorable Brian Aungst, Mayor November 16, 2003 Page 2 If an affected person challenges this in compliance determination, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Marina Pennington, Regional Planning Administrator, at (850) 922-1809, or Michael Sherman, AICP, Principal Planner, at (850) 922- 1825. Sincerely Yours, (1~^ VA-~ C~ 'Gauthier, AICP, Chief Office of Comprehensive Planning CG/ms Enclosure: Notice oflntent cc: Mr. Manny Pumariega, Executive Director, Tampa Bay RPC Ms. Gina Clayton, Long Range Planning Mgr., City of Clearwater ST A TE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CLEARWATER COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET NO. 03-1-NOI-5206 The Department gives notice of its intent to find the Amendments to the Comprehensive Plan for the City of Clearwater adopted by Ordinance No. 7001-02, 7056-03 and 7088-03 on September 18,2003, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted Clearwater Comprehensive Plan Amendments and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Municipal Service Building, 100 South Myrtle Avenue, Clearwater, Florida 33756. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendments to the Clearwater Comprehensive Plan are In Compliance, as defmed in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the fmal hearing and must include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Park.'way, Tallahassee, Florida 32399-3060. Failure to petition t.o intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. (g~ 1 authier, IC " )Jll \J? Acting Division Director Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 o o STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to makin{1 Florida a better place to call home" JEB BUSH Governor COLLEEN CASTILLE Secretary October 7, 2003 RECEIVED OCT 1 5 2003 PLANNING DEPARTMENT CITY OF CLEAPII\/4;TER Ms. Gina Clayton Long Range Planning Manager Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Ms. Clayton: Thank you for submitting copies of City of Clearwater's plan amendment DCA. 03-1 adopted by Ordinance No(s). 7001-02, 7056-03, and~708~jon September 18, 2003 for our review. We have conducted an inventory of the plan amendment package to verify the inclusion of all required materials. The submission package appears to be complete and your adopted plan amendment will be reviewed pursuant to Chapter 163, Florida Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. The Department will conduct a compliance review and issue a Notice of Intent regarding the adopted comprehensive plan amendment on or about November 18. 2003. Please be advised that Section 163.3184(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. If you have any questions, please contact Marina Pennington, Regional Planning Administrator for region 8, who will be assigning the adopted plan amendment for review at (850)487-4545. Sincerely, a~ &;t- D. Ray Eubanks Plan Review and Processing Administrator DRE/dj cc: Manuel Pumariega, Executive Director Tampa Bay Regional Planning Council 2555 SHUMARD OAK BOULEVARD -TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.dca.state.f1.us CRITICAL STATE CONCERN FIELD OFFICE 2796 OveJSeas Hi9hway, Suite 212 Marathon, FL 33050-2227 (305) 269-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (650) 48a-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (650) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 46a-7956 ," STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Oedicated to making Florida a better place to call home" JEB BUSH Governor COLLEEN CASTILLE Secretary July 19,2003 R ~ FlJ 1f.11) ",r,~~~ ~ ',<(_:;; h->-~:,':';;;" ri Ms. Cynthia Tarapani, AICP Director of Planning City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33758-4748 i',: H ,,', V_.' ~'. t,. ~) PLANNING DEPARTMENT CITY OF CLEARWATER RE: Clearwater 03-1 Dear Ms. Tarapani: The Department has completed its review of the proposed Comprehensive Plan amendment for the City of Clearwater (03-1), which was received on May 16, 2003. Copies of the proposed amendment have been distributed to appropriate state, regional, and local agencies for review and the comments received from those agencies are enclosed. > The Department has reviewed the proposed amendment for consistency with Rule 9J-5, Florida Administrative Code (F.A.C.), Chapter 163, PartIl, Florida Statues and the adopted City of Clearwater Comprehensive Plan. The Department raises no objection to the proposed amendments as provided and this letter serves as the Department's Objections, Recommendations and Comment Report. In order to expedite the Regional Planning Council's review of the amendment and pursuant to Rule 9J-l1.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Tampa Bay Regional Planning Council. Please contact Marina Pennington, Regional Planning Administrator, at (850) 922-1809, or Mark Neuse, Planner, at (850) 922-1798, if we can be of further assistance to you. Sincerely yours, (~~_,}~I\. &U~({l~-~ Charles Gauthier, AICP Acting Director Division of Community Planning Enc: Agency Comments cc: Mr. Gerald Smelt, TBRPC 2555 SHUMARD OAK BOULEVARD . TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN fiELD OFFICE 2796 Overseas Highway, Suite 212 Marathon, FL 33050.2227 (305) 289,2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399.2100 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399.2100 (850) 413.9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399.2100 (850) 488.7956 TRANS MITT AL PROCEDURES The process for adoption of local comprehensive plan amendments is outlined in Section 163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the Regional Planning Council's review of the amendment, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Tampa Bay Regional Planning Council. Please be advised that the Florida legislature amended Section 163 .3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice oOntent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan amendment. M v ( /) ) Thomas G. Dabney, II Chair, Sarasota Watson L Haynes, II Vice Chair, Pinellas Janet D. Kovach Secretary, Hillsborough Maggie N. Dominguez Treasurer, Hillsborough Edward W. Chance Manatee Ronnie E. Duncan Pinellas Pamela L Fentress Highlands Ronald C. Johnson Polk Heidi B. McCree Hillsborough T. G. "Jerry" Rice Pasco Judith C. Whitehead Hernando David L. Moore Executive Director Gene A. Heath Assistant Executive Director William S. Bllenky General Counsel Protecting Ygw: Water Resources Soutl1vvest Florida Water Management District '~"'~--"""'Xi~ - Tampa Service Office 7601 Highway 301 North Tampa, Florida 33637-6759 (813) 985-7481 or 1-800-836-0797 (FL only) SUNCOM 578-2070 Bartow Service Office 170 Century Boulevard Bartow, Florida 33830-7700 (863) 534-1448 or 1-800-492-7862 (FL only) SUNCOM 572-6200 June 2,2003 D. Ray Eubanks Bureau of State Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 2379 Broac. ~et, Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Sarasota Service Office 6750 Fruitville Road Sarasota, Florida 34240-9711 (941) 377-3722 or 1-800-320-3503 (FL only) SUNCOM 531-6900 Lecanto Service Office 3600 West Sovereign Path Suite 226 Lecanto, Florida 34461-8070 (352) 527-8131 SUNCOM 667-3271 Subject: Clearwater Proposed Comprehensive Plan Amendment DCA Reference # 03-1 Dear Mr. Eubanks: In accordance with Chapter 163, Florida Statutes, the staff of the Southwest Florida Water Management District has reviewed the above-referenced plan amendments and has no comment at this time. The District appreciates the opportunity to participate in the review of comprehensive plan amendments. If you have any questions or if I can be of further assistance, please contact me in the District's Planning Department at extension 4423. Sincer: Iy, ~ o ~~~O~[E ~ --.-___J DEPT. OF COMM. AFF~,!;~S/DCP ~l \J> \C, ~~ FLORIDA DEPARTMENT OF ST ATE Glenda E. Hood Secretary of State DIVISION OF HISTORICAL RESOURCES ~ ~re~O'l1m 00 JIll'. RPM BSP PlAN PlfOCESSING IDM June 6, 2003 Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Historic Preservation Review of the City of Clearwater (03-1) Comprehensive Plan Amendment Request (Received by DHR on OS/23/03) ~ "'11 / ~ ~ Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the above document to decide if data regarding historic resources have been given sufficient consideration in the request to amend the Clearwater Comprehensive Plan. We reviewed three proposed changes to the Future Land Use Map, two of which merely reflect existing conditions, to consider the potential effects of these actions on historic resources. While our cursory review suggests that the proposed changes may have no adverse effects on historic resources, it is the city's responsibility to ensure that the proposed revisions will not have an adverse effect on significant archaeological or historic resources in Clearwater. If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at (850) 245-6333. Sincerely, ~~. G~)e.\\,A \:\ ~u<e... J. \flst.<~~ ~cse<~.,tl 0'<'1 ~Janet Snyder Matthews, Ph.D., Director 500 S. Bronough Street. Tallahassee, FL 32399-0250 · http://www.flheritage.com D Director's Office D Archaeological Research ~Historic Preservation (850) 245-6300 . FAX: 245-6435 (850) 245-6444 . FAX: 245-6436 (850) 245-6333 . FAX: 245-6437 D Historical Museums (850) 245-6400 . FAX: 245-6433 D Palm Beach Regional Office (561) 279-1475 · FAX: 279-1476 D St. Augustine Regional Office D Tampa Regional Office (904) 825-5045 . FAX: 825-5044 (813) 272-3843 . FAX: 272-2340 ; ~ Florida Department of Transportation JEB BUSH GOVERNOR 11201 N. McKinley Drive. Tampa, Fl 33612-6456 . Phone (813) 975-6000 . 1-800-226-7220 JOSE ABREU SECRETARY June 9,2003 Mr. Charles Gauthier, AICP Chief, Office of Comprehensive Planning Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: City of Clearwater Proposed Comprehensive Plan Amendment 03-1 Dear Mr. Gauthier: The Department has conducted a review of the above referenced document in accordance with the provisions of Chapter 93-206, Laws of Florida; Chapter 9J-5, Florida Administrative Code, and the Department's Review Guidelines for Local Government Comprehensive Plans. We do not expect the proposed amendment to have an adverse impact on the Florida Intrastate Highway System, or a significant impact on the FloridaTransportation System. However, we offer the following comment regarding Case No. LUZ2002-11011, that would amend the land use on 1.83 acres owned by High and Dry Marina, Inc. This amendment would change the Future Land Use Map (PLUM) designation of the High and Dry Marina parcel from Commercial General to Residential High (30 units per acre). Case No. LUZ2002-11011 would allow an increase of eleven residential dwelling units (DU) within the coastal high hazard area (CHHA) mandatory evacuation zone. We are concerned about the cumulative effect of relatively small residential density increases within the CHHA upon evacuation routes. We understand that barrier island communities may "offset" proposed residential density increases on one parcel by removing residential density potential from other parcel(s) witbin the CHHA through comprehensive plan amendments. The City indicates they have offset seven DU ofthe eleven DU increase, leaving four DU that need to be offset. The City should have a system in place to record and track data on adopted PLUM amendments that increase or decrease residential densities on parcels within the CHHA. Data from the system could be updated and included in the supporting data and analysis for proposed PLUM amendments to increase residential density in the CHHA. The system would ensure that no net increase to residential density occurs within the CHHA over time. www.dot.state.fl.us * RECYCLED PAPER '..~. Mr. Charles Gauthier June 9, 2003 Page Two Should the application vary upon a future re-submittal, we would request the opportunity to review it. The Department appreciates the opportunity to review and comment on the proposed Amendment. If you have any questions, please call me at SunCom 512-7801, or (813) 975-6444. Yours Truly, ~tI1,~ Carol M. Collins LGCP and CMS Coordinator cc: Bob Romig, Director of Policy Planning, FDOT Cynthia Tarapani, AlCP, Director of Planning, City of Clearwater Gina Clayton, Long Range Planning Manager, City of Clearwater U:\Pinellas\Clearwater 03-1.ore.doc e; iJ1tf i1l~ 1 ~11~'~~~~~=~ ~~~~,~)C."f::O;:.-";;!~::~f::~:L:~",:"g~i~~ Tampa Bav:J(.eqlonal Plannlnq Council Chair Commissioner Barbara Sheen Todd Vice-Chair Commissioner Steve Simon ~' Se " ; Commissi -.,,' ',. "",,,, ~ \. ! ~j"" 0 ql"lfr' 'V t: Executive Director rift"'ahmann Manny L. Pumariega 7 October 2003 oel 0 9 2003 Ms. Cynthia Tarapani, AICP Director of Planning City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Cyndi: Enclosed is a copy of the Council's review of the City of Clearwater's first adopted amendment of2003. The report will be on the Consent Agenda at the Monday, 13 October, 2003, Council meeting, which will begin at 10:00 a.m. Please do not hesitate to contact me if more information or clarification concerning the contents of the report is needed. -- Sincerely, c~/~ H. Gerald Smelt, AICP Governmental Services Coordinator Enclosure 9455 Koger Boulevard. Suite 219. St Petersburg. FL 33702-2491 Phone (727) 570-5151 FAX (727) 570-5118 State Number 513-5066 www.tbrpc.org Council Agenda 10/13/03 Agenda Item #4.A 1~lIIlfil~Ki"!tt~$Ilf1IJf'1If/1/lJfl~'t!',flJ"cll LOCALGOVERNMENTCO~REBENSnmPLAN ADOPTED AMENDMENT REPORT (No Subsequent Revisions) CITY OF CLEARWATER DCA #03-1 . From: Industrial Limited To: Residential High Size: 10.05 acres Location: South of State Road 590, approx- imately 725 feet west of McMullen Booth Road General Description . . Council Review Proposed amendment reviewed. on 9 June 2003 Regionally Significant Yes, due to the property's location in relation to McMullen Booth Road. Regional. Comments None. Consistent with SRPP Affordable Housing - 1;3.7 Economic Development - 2.3.1 Regional Transportation - 5.1.6, 5.1.12 Yes. Applicable SRPP policies General Description . From: Commercial General To: Residential Medium Size: .87 acres Location: 209 - 229 Windward Passage . . For Council meeting of 13 October 2003 Report prepared by: Gerald Smelt, Ext. 288 Council Review Proposed amendment 9 June 2003 reviewed on Regional Comments Regionally Significant Yes, due to location in the Coastal High Hazard Area The amendment and rezoning are intended to bring a legal, non-conforming structure into compliance with. the City's Community Development code and continue the current use. The amendmentwiU reduce the maximum permitted level of residential population in the CHHA. . Applicable SRPP Emergency Preparedness - 3A.22 policies . . . Consistent with SRPP Yes. General Description Council Review Proposed amendment reviewed on Regionally Significant Regional Comments Applicable SRPP policies Consistent with SRPP For Council meeting of 13 October 2003 . From: Commercial General To: Residential High Size: 1.83 acres Location: 202 Windward Passage . . 9 June 2003 Yes, due to location in the Coastal High Hazard Area By reducing the permitted density of two neighboring properties (see previous amendment) the increase in density caused by this amendment has been offset. Affordable Housing - 1 AA. Economic Development - 2.3.3 Yes. 2 Report prepared by: Gerald Smelt, Ext. 288 ~ CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUilDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PLANNING DEVELOPMENT REviEW October 3, 2003 Mr. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning Division of Community Planning Plan Processing Team 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Transmittal of Adopted Comprehensive Plan Amendments for the City of Clearwater (03- 01) Dear Mr. Eubanks: Please find attached three copies of the adopted amendments to the City of Clearwater Comprehensive Plan (03-01), which constitute the City's first plan amendment for the calendar year of 2003. 9J-l1.0l1(5)(a)l: The City of Clearwater wishes the Notice of Intent to be published in the Tampa Tribune, The Tribune Company, 2560 Gulf to Bay Boulevard, Suite 100, Clearwater, FL 33765, (727) 799-7411. 9J-l1.0l1(5)(a)2: The following plan amendments, constituting submittal package 03-01, were adopted by the City of Clearwater at the September 18, 2003 City Commission meeting by the identified ordinance number: . LUZ2002-05004 Bayridge Apartments Plan Amendment (Ordinance Number 7001-02) . LUZ2002-09010 The Pools at Windward Passage Homeowner's Association Plan Amendment (Ordinance Number 7056-03) . LUZ2002-11011 High and Dry Marina, Inc Plan Amendment (Ordinance Number 7088- 03) 9J-l1.01 I(5)(a)3: Copies of this correspondence, the adopted amendment and related documents have been sent to the Pinellas County Planning Department, the Tampa Bay Regional Planning Council, the Southwest Florida Management District, the Florida Department of Transportation, and the Department of Environmental Protection, and the Department of State Bureau of Historic Preservation, under separate cover on October 3, 2003. BRIAN J. AUNGST, MAYOR-COMMISSIONER Ho'tT HAMILTON, VICE MAYOR-COMMISSIONER WHlTNl,y GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILI.JONSON, COMMISSIONER "FnIIAI FMPr nVMFNT ANI) AFFIRMATIVF ArTION EMPI.OYER" J - October 3, 2003 Ray Eubanks-Page 2 9J-l1.011(5)(a)4: The comprehensive plan amendment package was adopted without revision from the proposed amendment package and no objections were raised by an affected party, the amendment was not reviewed by the Department or if reviewed no objections were raised. Based upon these facts, we request expedited publication of a Notice of Intent pursuant to Section 163.3184(8), Florida Statutes. 9J-l1.011(5)(a)5: Three (3) Future Land Use Map amendments are being adopted as part of this submittal package. The following is a summary of the package: . The amendments included in this package were adopted by the City of Clearwater on September 18, 2003 without any revision or change from the proposed amendment package sent to the Department on May 13, 2003. . All findings of the City of Clearwater related to this amendment package are included in the adoption for each of the three amendments. . All of the proposed amendments included in Submittal Package 03-01 were adopted by the City of Clearwater. 9J-l1.0011(5)(a)6: Gina Clayton Long Range Planning Manager P.O. Box 4748 Clearwater, FL 33758-4748 Telephone: 727-562-4587 Fax: 727-562-4865 gclayton@clearwater-fl.com If you need further assistance, please contact Gina Clayton. Thank you for your courtesy in this matter. Sincerely, Cynthia Tarapani, AICP Director of Planning City of Clearwater Enclosures S:IPlanning DepartmentlDCAILARGE SCALE AMENDMENTS\2003 Submissions\2003 1st Large Scale ADOPTED DCA transmillallellerIO-3-03.doc October 3, 2003 Pinellas County Planning Department 600 Cleveland Street, Suite 750 Clearwater, FL 33755 Tampa Bay Regional Planning Council Artn: Gerald Smelt, Principal Planner 9455 Koger Boulevard, # 219 St. Petersburg, FL 33702 Southwest Florida Water Management District Attn: Richard S. Owen, AICP, Planning Director 2379 Broad Street Brooksville, FL 34604-6899 Florida Department of State Bureau of Historic Preservation Attn: Ms. Susan Harp R.A. Gray Building 500 South Bronough Street Tallahassee, Fl 323-99-0250 Florida Department of Transportation District Seven Attn: Carol M. Collins, LGCP & CMS Coordinator 11201 North McKinley Drive Mail Station 7-500 Tampa, FL 33612-6456 Department of Environmental Protection Attn: Lindy McDowell, Environmental Manager Office of Intergovernmental Programs 3900 Commonwealth Boulevard, Mail Station 47 Tallahassee, FL 32399-3000 RE: Transmittal of three (3) Adopted Future Land Use Map Amendments for the City of Clearwater. To whom it may concern: Pursuant to Rule 9J-l1.011(5)(a)3 of the Florida Administrative Code, the City of Clearwater is submitting three (3) adopted Future Land Use Map Amendments to the aforementioned organizations. Also, enclosed is a copy of the transmittal letter sent to the Department of Community Affairs. If you need further assistance, please contact Gina Clayton, Long Range Planning Manager at 727 -562-4587. 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N A ADOPTED FUTURE LAND USE PLAN MAP Owner: Bayridge Apartments, LLC Case: LUZ2002-05004 Site: 3021 SR 590 Property Size 10.05 (Acres): Zoning Land Use PIN: 09/29/16/84343/000/0020 From IRT IL To: MHDR RH A tlas Page: 274A ORDINANCE NO. 7001-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF S.R. 590 AND LANDMARK DRIVE, CONSISTING OF LOT 2, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 3021 S.R. 590, FROM INDUSTRIAL LIMITED (Il) TO RESIDENTIAL HIGH (RH); 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 Lot 2, South Oaks Fashion Square, according To plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas County, Florida (LUZ 2002-05004) Land Use CateQorv From: Industrial Limited (IL) To: Residential High (RH) 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 9163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING August 22, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED ~tember 18. 2003 ~- Mayor-G9mmlssioner Leslie K. Dougall-Side Assistant City Attorney Ordinanr.p- Nn 70n1-0? Legal Description LUZ 2002-05004 Lot 2, South Oaks Fashion Square, according to plat thereof recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinel/as County, Florida, together with the interest . of the Owner in and to those certain easements as set forth in that certain Agreement by and between Booth Marketplace, Inc., a Florida corporation and McMullen-Booth, Ltd., a Florida limited partnership, dated November 22, 1988, recorded November 28, 1988, in Official Records Book 6884, Page 602, and amended by Amendment to Agreement dated February 9, 1989, recorded March 2,1989, in Official Records Book 6947, Page 916, all in the Public Records of Pinellas County, Florida. " ~ ! I I . L,~ I I I I I Jj~ I I I ~q . II / / I ",-'" '" "~y"-' \ ~ fffHB' ' .' . -,......., ~ ST. CROIX DRIVE ~ ~~ '" "-. \..RL . : ~ = :::::'.::. SAUL'S .....< I I ~ 1: I I I I, tf ~ ~ RL \ ,,\ 13 _ .-----:~~~,. LAKE: ..<...... ~ j \ / J r-'-rl' \. ~ V- . DRIVE r- :=:::::;jii~::::------__ ~ / \. R/OL r - DRIVE: ~ """ "''' .. ~ . ~.. ~ I In; L....:!:--:-r ~ ~ =-u ~ 2i Sf JO~ gj OIl'VE L, -W '" ~ \~ IL : ~ u ~IEAm'; ~CHI DR Sl'I_~~\ lCN .~. '~/.p~'\ ~'" 0-:~ J~ .-JV \ _ _ ....}l .~.- ~ . . ': ,....- ;-...,.. i'" l""'ll "'__ " '- Jo. " _ -" InT~ I .-:::;::-.::::::.08C__:aonc_:...,....____-:;.,. ~ lAG ~~'~ ""''r- '- ~ 3 f . ill_ I ~'-'" '" co ~! . ~l Ii! lit A. ~i W _ ___-"-::;s:::wn!.}, ~ '- .A. IL iii: " ...._ jJM___~~. I W ~ ~ . :~'~""='I;I r~:. " : ~ IL ~~ '" CG ~ ~ . I :1: ~\ ___ .:....,. ~ '- ~. c--:; , I \. gJlDC--~--~-, ' ~, co'" :,/ I \.\. \\ __:;~;::::"'" --- 11: ~ ~ ~ ..\ .... \v.- IIi ~ ' ./ \ \ ... ". ..;;.., '11' 1lP~ ~ ~ /:'::'<:. ..;."'",,___.~!J ! ~~~~ ;::: L---J' ,..~:~( ", 31l "A") . ~. [ .. -.i../~ f- \\ .'1 -Ii ~~,~~~~ "'.. .~--:h~~_ r /l ~ ',--,: r~ I ~\i I ~"'" ,~~.. I - ~ \ : . ____ ___.... : \ r c.: \,.. " 1-15 ~-'- 't i Y! . ~ R/~~_ . I . .' ,~\P r-- - I I.. i\ _ - ~ J...RfOS . - - /. .~: \\ ./: A ~ -' -', .~"-. RU --.--'~. - = If f }j I ~~.~' ...V" ~ ~ E~ ').. ~l-i.JW ',j.,.:: /~: . J ~1J. . f;K - - ~~ -.. . ~ ~= Il 1:1. f:.ffJ,rIJ~~ ~~i= ~ ~~ VOOD STREET == ~\l:1 ,/' /' A!( - RJ = ~ ff~--= ~~. I /~".IJ ~. 5 __,n . , .. - ;/ /.or loA': RL .h__ -,-- --. _n ~ = I... to. _\ _ :: //" .) _ I ~ :1\.1 I" n l.: , RU LAND USE PLAN MAP OWNERS: Bayridge Apartments LLC CASE: LUZ 2002-050 SITE: 3021 S.R. 590 I PROPERTY SIZE (ACRES): 10.05 ZONING LAND USE PIN: 09- 29-16- 84343- 000- 00: FROM: IRT (lL) Industrial limited TO: MHDR (RH) Residential High ATLAS PAGE: 274A OY~;n~n~~ Nn 7nnl_0? Comprehensive Plan Citizen Coun_/ Information List Page 1 of 1 Comprehensive Plan Citizen Courtesy Infornlation List Local GovelTIlnent: Hearing Date: Ct LJ o-{ I S_ p-J-.R. Co-\. b~ ( ((~r wC\~( 18, 2a::J ~ , Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: (DCA Official Use) Ple~ls_e_PrintnCle3J:"ly By providing your name and address you will receive information concerning the date of publication of the Notice ofIntent by the Department of Community Affairs. . Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response( s) which is of Interest Written Spoken Comment Comment I II II II I II II II I I I I I I I I 1\ I I II II II II .;} )Jo (,,--1"" t s -I s mJ ~ "lit ( (YJ()+/tJ /) ;;,- COu (Jes,j i .,1 n1 0' ~M"",'.._n..+~""t\ nt' A \r"mnn~I"'n,,i \I/A;:' ')(jPl :lIl(l,~ 7()('i ti 7eno/n20Coul1esv", 1 013/2003 City of Clearwater Adopted Local Government Comprehensive Plan Amendment First Submittal 2003 03-01 October 3, 2003 LUZ2002-09010 The Pools at Windward Passage Homeowner's Association Ordinance Number 7056-03 CCearwater J-{ar6or ,RH . .. . .- .. ,~ .. ~G ;;;1 :: WATER e ~,~ ~WATER PIN: 08/29/15/72590/000/0010 08/29/15/72590/000/0020 08/29/15/72590/000/0030 08/29/15/72590/000/0040 08/29/15/72590/000/0050 08/29/15/72590/000/0060 08/29/15/72590/000/0070 08/29/15/72590/000/0080 08/29/15/72590/000/0090 08/29/15/72590/000/0100 08/29/15/72590/000/0110 ADOPTED FUTURE LAND USE PLAN MAP OWNER/S: The Pools At Windward Passage CASE: LUZ 2002-09010 209-229 Windward Passage SITE: 209-229 Windward Passage PROPERTY SIZE (ACRES): 0.87 ZONING LAND USE PIN: See Above FROM: C/lENCOD CG TO: MHDRJIENCOD RM ATLAS PAGE: 267B ~ , ORDINANCE NO. 7056-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED IN THE ISLAND ESTATES NEIGHBORHOOD DISTRICT ON THE SOUTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 1350 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOTS 1- 11, THE POOLS OF WINDWARD PASSAGE, WHOSE POST OFFICE ADDRESS IS 209 - 229 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL TO RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described . property as follows: Property Land Use CateQorv That portion of Lots 1-11, The Pools of Windward Passage, Plat Book 118, Pages 63-64, Public Records of Pinellas County, Florida. Lying northerly of the seawall (LUZ 2002-09010) From: Commercial General To: Residential Medium Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING December 5, 2002 Ordinance No. 7056-03 PASSED ON SECOND AND FINAL September 1 R. 200::\ READING AND ADOPTED Approved.as to form: Attest: " tlr-rlin...,.....^^ P\.I_ 7nJ::.~ n') ., ,,:J> "to-Jl~p.\\ . Cfearwater J{arbor ...--' cJ ! '-;--... \ \ I I.., , , ;~ J-"\ \ \ \ \ ~ \J~SLj ,..----.........-....-1 , . \ \ zoo \ 1...._______....---\ \ ,50 \ ~_.._.._~~_..! ~---..i44--t 1............'42--t t"-:..-S~---~ t:....~~..j--, rr,-r,,\=_,-:M......t \J~ i !l..J~-\ 1"-, ,~ nl , L!..J.-.a.------' r- )> :D OJ o )> ::D C :E )> -< CG . THIS IS NOT A SURVEY "OW."'- '2' 14W.M. 13 .. 100 PIN: 08/29/15/72590/000/0010 {> 08/29/15/72590/000/0020 08/29/15172590/000/0030 08/29/1517259O/000/()()4C 08/29/15/7259O/000/005C 08/29/15/7259O/000/006C 08/29/15172590/000/0071 08/29/15/72590/000/0081 08/29/15/7259O/ooo/009l 08/29/15172590/ooo/01lJ( 08/29/15172590/000/01 Il FUTURE LAND USE PLAN MAP OWNER/S: The Pools At Windward Passage CASE: LUZ 2002-09010 209-229 Windward Passage SITE: 209-229 Windward Passage PROPERTY SIZE (ACRES): 0.87 ZONING LAND USE PIN: See Above FROM: C/IENCOD CG TO: MHDRlIENCOD RM ATLAS PAGE: 2678 Comprehensive Plan Citizen Counesy Infonnation List Page 1 of 1 Comprehensive Plan Citizen Courtesy Information List Local Government: Hearing Date: (IiI o-{ I Se p-l-R. ~ bQ ( C(~Dr W0~( 18;2cxJ~ , Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: (DCA Official Use) Pleas~ Print_Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. . Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response( s) which is of Interest Written Spoken Comment Comment I II II II I II II II I II II II I II II I II I II II II I II II II I II II II ->r );0 (e-1 vt 5~ S fY)J <'- ['At ,- (Y)O+I'cJt1 ;; ~ COLd Jes y City of Clearwater Adopted Local Government Comprehensive Plan Amendment First Submittal 2003 03-01 October 3, 2003 LUZ2002-11011 High and Dry Marina, Inc. Ordinance Number 7088-03 C{earwater :J-{arbor no ,...~ \lID~ ,~ ,., ... ... \~G J1 J; '.: WATER --9 ADOPTED FUTURE LAND USE PLAN MAP Owner: High and Dry Marina, Inc Case: LUZ2002-11 011 Site: 202 Windward Passgae Property Size 1.83 (Acres) : Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B ~RH .. ~ ORDINANCE NO. 7088-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK 0, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's. comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The. future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateaorv See attached legal description From: Commercial General (CG) (LUZ2002-11011) To: Residential High (RH) 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 9163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING F~bruary 20, 2003 Ordinance No. 7088-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney September 18. 2003 Attest: 2 Ordinance No. 7088-03 , e R RH ; l.,)" .... '" " '~/Ns'; RM JWATER THIS IS NOT A SURVEYI FUTURE LAND USE MAP Owner: High and Dry Marina, Inc Case: . LUZ2002-11 011 From: Zonin C Land Use CG Property Size (Acres): PIN: 08/29/15/43380/004/0090 1.83 Site: 202 Windward Passgae To: HDR RH Atlas Page: . 267B Ordinance No. 7088-03 J . ..;GAL DESCRIPTION UPLANDS: - A P.QR1ION OF. LOT .9 AND AU- OF LOTS 10, 11, 12, AND 13, BLOCK .0, UNIT 5, ISLAND ESTATES .Of. ,CLEARWAJER. TOGETHER WITH A PORTION OF VACA1ED 'DORY PASSAI ASRECqRDED ..IN PLAt ~BOOK ...51; PAGEh 34, PUBUC RECORDS OF PINELLAS COUNTY, ,FLDRfO~ ::SElN~ MO~E '~~ Y '.DESCRI~~' ,ASF!?w>WS ': 8EGlN.NJNG .'AT. 'THE- SOU1HEAST- -CORNER OF SAlD LOT '2; . THENCE 'N4Er23'4'.W ALONC'lHE 'NORTHERLY, RLGHT~OF.-WAY-UNE OF' .WlNDWARD PjI\SSAGE, A.:DfSTANCE 'OF 32Q.OO,J:'EET.TO -1HE_.:POf~T.OF, QJRVA11JRE OF:',ACURVE to JHE.:RJG:Hl;'. ~NCE ALONG .~SAID CURVE. 'HAVING'7A:.;RAD'US..OF. ~o;,DO fEET;..:CH0RD 31M 'FEET BEARING N30~57'4""W, "A DISTANCE OF',32.1~:fEET,~-:rrLA "POIN:T,OF ~SE, :CUR\IE;,' T:HENCE .A1.'ONG 'A CURVE TO,: THE.JHT'HAVlNG.'.A ,~>RADIUS OF. .50.00 -FEEl'; "CHORD OF 73.:14 .FEET BEARtNG . 'N59:3:1"2f)'W'- .A.,;OJS:TANCE 'OF.'.az.03,-~FEET; . '~NCE. ,:lEAVlNGSAID 'UNE."N1.6"3r~22-W A :.DISTANCE'QF.:",20.DO...fEE.T. TO..~JHE POINT OF,~CURVA'lURE OF .A .NON-TANGENT CURVE. 'lHENCE;~;Al'ONG .'sAlD 'CURVE::.JO~ THE -R!GHT ~HAVlNG ::A 1iJ\DjUS .OF.' 7",.ot(:FEET. A CHORD OF1~2:,'57.~..FEET.,,'SEARlti~ S7.7~?~~1-~~'t)\.,.bISTANCErn:':~U3'9~O FEET..TO., A .POINT .OF . , TANGENCY.;i:-~,.:lffEN~;:S49~Y~1~E,.':, A -~JSIANC5'~. 180~OQ FEET TO' ~. POINT-CURVATURE :...OF :-~.:'~~:rG"!"lHE .LB=T; . :'1HENCE,,:~AtONG. :SAlO ClJ~.YE, ~AVJNG-, A"ftADJUS-..QF: '70. DO FEE .'. . A 'CHORD;.:,qF,:7~M::FEET -BEARING: 'S81-~4~22~, -A.OI_Sf:A~.-C?f, 78;"96 :'FEE"f. TO', A .POINT., 'SAIDi:POlNT.-SEJN~: 1l:iE~SOOlH~~':.CORNER ,:OF. PHASE -fV AALLAGE', ON' ISLAND,':ESTATE ,,_ASRE-cQRDED_:tf'FPLAT'--SOOIC-35."PA~,12. ?U8UC'.RECORDS ~OF PiNELtAS .COUNTY, .FLORfl 'iHENCE-.:ALONGi':-~,:-SOUiHERLY :UNE.9F ~A1D, .VlLLAGE' . ON, :ISlAND ESTA 1ES. THE . FOLLOW " . '"THREE !3) .COURSES . '..,. . . .-, ... . 1: .~j:i3'~~~:~A ':D'I~~cir~~~:1:3~7&.~T;-'. ., 2... . SOa'2'3n, A DISTANCE' OF 81 :05,;FEET; . AND , _ 3. . S~6.t9.W~ A DISTANCE',-QF .,106~S2 .,FEET TO, A-P01N..T ON lHE NORTHERLY .RJGHT~~ ~ .',WA'tJ:JNE OF niE AF"9REMENll~ED :Yt1NDWARD PASSAGE;' THENCE' ALONG $AJp,:i:iNE N49"24.'09.'~ A 'DfSTANCE .OF ,61.00. FEET;. .THENCE S40?6~1~~~~-: A.or~~CE a: 2~iOO FEET TO :THE POINT OF 8~GINNING. CONTAINING 1.838' ACRES OR 80.078 SQUARE FEET MORE OR .LESS. Comprehensive Plan Ci '1 Courtesy Information List Page 1 of 1 Comprehensive Plan Citizen Courtesy Information List . . Local Government: Hearing Date: Cd-y <T{ Se_ p-l-~ cr"\. b~ f C{(lL\, W~~( 18; 2aJ:S , Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. . Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response( s) which is of Interest Written Spoken Comment Comment I I I II I II II :>( )10 Ce-1"'t s~ s tr}J ~ ,'()t (' (Y)o+((J/) ,fo (' CO<--< (Jes1 .c:1 ~.IIC.\ Dl n~~~~rTO/~ '){\l)p1"\C1rtrnpnt\ orA \r{)mnn~n~nsive%20Plan%20Citizen%20Courtesv... 10/3/2003 Council Agenda www.tbrpc.org 9455 Koger Blvd., Suite 219, St. Petersburg, FL 33702 Phone (727) 570-5151 Suncom 513-5066 FAX (727) 570-5118 *** THIS MEETING IS OPEN TO THE PUBLIC *** June 9, 2003 10:00 a.m. Call to Order Invocation and Pledge Roll Call Voting Conflict Report Chair Todd Reverend James T. Golden Recording Secretary Recording Secretary 1. Approval of Minutes Sec/Treasurer von Hahmann Approve minutes from the May 12th, 2003 regular meeting. (report attached). Staff contact: Lori Denman, ext. 213. Email: lori@tbrpc.org 2. Budget Committee Sec/Treasurer von Hahmann Approve Financial report for the period ending 4/30/03. (report attached). Staff contact: John Jacobsen, ext. 214. Email: johnj@tbrpc.org 3. Consent Agenda Chair Todd A. Budget and Contractual 1. Approve award of site completion contract, as specified by Northside Engineering, for the Gateway Centre office building. Recommended Action: Accept the contractor rankings listed herein, and authorize the Chair to negotiate and enter into a site completion contract with the top responsive bidder: 1. Caladesi Construction Co. $235,192 2. McGeehan Construction Co. $241,275 3. Basic Construction $234,017 Staff contact: Gary Sepsi, ext. 219. Email: gary@tbrpc.org. 2. Council has received a request from Manatee County to provide technical assistance in the revision of their Local Mitigation Strategy (LMS). The LMS provides a county-wide blueprint for hazard mitigation efforts and defines a strategy toward a more hazard resilient community. The LMS is now required of all local governments by the Federal Emergency Management Agency (FEMA) as a prerequisite for federal pre- and post-disaster mitigation funds. The project will address any deficits in the County LMS with regard to the new federal guidelines. Recommended Action: Authorization for the Chair to sign the agreement with the County and/or the Department of Community Affairs to revise the Manatee County Local Mitigation Strategy. Staff contact: Betti Johnson, ext. 242. Email: betti@tbrpc.org. B. Intergovernmental Coordination & Review (lC&R) Program 14. Accept and File Report - Reports Attached: May Summary & Legend. IC&R Databases by Type: Environmental, Grants, FIOlida State Clearinghouse. -1- Staff contact: Angela Hurley, ext. 257. Email: angela@tbrpc.org C. DRI Development Order Reports (DOR) - None Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org D. DRI Development Order Amendment Reports (DOAR) 1. DRI # 99 - Harbour WatchlRiverside Landing (Abandonment), City of Tarpon Springs (report attached). 2. DRI #105 - Sunforest, Hillsborough County (report attached). 3. DRI #130 - Cypress Banks, Manatee County (report attached). Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org E. Notice of Proposed Change (NOPC) Reports - None Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org F. Annual Report Summaries (ARS) 1. DRI # 84 - Westchase, RY 2001-02, Hillsborough County (rep0l1 attached). 2. DRI # 93 - Florida Corporate Center, Rys 1999-2001, Hillsborough County (report attached). 3. DRI # 105 - Sunforest, RY 2002-03, Hillsborough County (report attached). 4. DRI # 119 - Northwood, RY 2001-02, Pasco County (report attached). 5. DRI # 123 - Bay Area Outlet Mall, RY 2002-03, City of Largo (repOlt attached). Recommended Action: Approve staff reports. Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org G. DRI Status Report Information Only. (report attached). Staff contact: John Meyer, ext. 255. Email: johnm@tbrpc.org H. Local Government Comprehensive Plan Amendments Reviewed 5. DCA # 03-1, City of Clearwater (report attached). 6. DCA # 03-1, Pasco County (report attached).:. 7. DCA # 03-1, City of Oldsmar (report attached). Recommended Action: Approve staff reports. Staff contact: Jessica White, ext. 288. Email: jessica@tbrpc.org 4. Item(s) Removed from Consent Agenda, Addendum Item(s) or Any Other Item Requiring Council Discussion Council members should notify Chairman of any items they wish to be pulled from the Consent Agenda. These items will be discussed and voted on separately after the remainder of the consent agenda is approved. 5. Review Item(s) for Discussion - None -2- 6. Brownfields 101... Sustainability in the Sunshine Mr. Charles Ray, Economic Development Coordinator for the City of St. Petersburg and Mr. Miles Ballogg, TBE Group, will provide an overview regarding the topic of Brownfields in the state of Florida and within our Tampa Bay region. Mr. Ray will provide basic background information on Brownfields, followed by Mr. Ballogg who will share various Brownfields successes within the state and region. Staff Contact: Wren McAllister, ext. 221. Email: wren@tbrpc.org 7. Council Members' Comments - Chair Todd 8. Program Reports A. Agency on Bay Management (ABM) - Mayor Mary Maloof, Chair The Agency's Natural Resources/Environmental Impact Review Committee will meet on June 12th. The primary topic will be the Palm River/McKay Bay. Past, Present and Future. Staff contact: Suzanne Cooper, ext. 240. Email: suzanne@tbrpc.org B. Clearinghouse Review Committee (CRC) - Commissioner Steve Simon, Chair The Clearinghouse Review Committee met on May 19, 2003. The Committee approved the Pre-Application Conference report for DRI #255 - Bexley Ranch, Pasco County. Development of Regional Impact approval is sought for a 6,872::!: acre, predominately residential, development in south central Pasco County. Upon completion, the project would consist of more than 8,000 residential units, 400,000 sq. ft. of commercial space and 250,000 sq. ft. of office space. The Committee approved DRI Annual Report Summaries for Summerfield Crossings, University Commons, Gateway Areawide, and Big Bend Transfer Company. Also approved were the Ten-Year Plans for Progress Energy Florida, Florida Light & Power Company, and Tampa Electric Company. Staff Contact: Avera Wynne, ext. 215. Email: avera@tbrpc.org C. Local Emergency Planning Committee (LEPC) The Tampa Bay Local Emergency Planning Committee, District VIII, met on May 28, 2003. A recap of the meeting is attached. Staff will provide an oral recap of other significant LEPC activities. Additional Material: LEPC Meeting Recap, May 28,2003 (repol1 attached). Staff Contact: Bill Lofgren, ext. 248. Email: bill@tbrpc.org D. Emergency Management - No Report. Staff Contact: Betti Johnson, ext. 242. Email: betti@tbrpc.org E. Legislative Committee - Commissioner Deborah Kynes, Chair -3- The Legislative Committee Chair will give a legislative report. Staff contact: Wren McAllister, ext. 221. Email: wren@tbrpc.org F. Regional Planning Advisory Committee (RPAC) The RPAC is scheduled to meet Friday, June 6th. Items on the agenda include a legislative recap of the 2003 session and an update on the Spatial Growth Model. Staff contact: Avera Wynne, ext. 215. Email: avera@tbrpc.org 9. Executive/Budget Committee Report - Chair Todd 10. Other Council Reports A. Building Update Additional material: Building Budget Synopsis (report attached). Staff contact: Manny Pumariega, ext. 213. Email: manny@tbrpc.org 11. Chairman's Report - Chair Todd 12. Executive Director's Report - Manny Pumariega Adjournment Next Meeting - Monday, July 14th, 2003 at 10:00 a.m. The Council, in accordance with its adopted rules of procedure, may only take action on matters not on the printed agenda involving the exercise of agency discretion and policy-making upon a finding by the Council of an emergency situation affecting the public's health, safety, and welfare. Council meetings are Public Meetings within the context of Section 286.011, Florida Statutes. Council meetings are not Public Hearings within the context of Section 120.54, Florida Statutes. The Chairman hasfull discretion as to whether or not to recognize speakers other than Council members or staff, and is not required to recognize individuals to speak on issues before the Council. Public Hearings on issues before the Council are conducted by individual local governments, and are the proper forum for public comment. Please note that if a person decides to appeal any decision made by the Council with respect to any matter considered at the above cited meeting or hearing, s/he will need a record of the proceedings, andfor such purpose, s/he 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. Persons wishing to speak at a Council meeting are required to complete the form provided at the entrance to the meeting room. The form, after being completed, must be given to the Recording Secretary. [fyou are a person with a disability who needs any accommodation in order to participate in this meeting you are entitled, at no cost to you, to the provision of certain assistance. Please contact Tampa Bay Regional Planning Council at 727-570-5151 within 3 working days of the meeting. -4- From PLUM: Commercial General (CG) Rezonin : Commercial District (C) To PLUM: Residential High (RH) Rezoning: High Density Residential (HDR) 11.83 acres Approx. 500 feet north of Memorial Causeway and 920 feet west oflsland Way 1 Dry storage marina facility 1 Multi-family residential I Size Location I Existing Use I Proposed Use Adjacent Designations North: Residential High (RH) South: Commercial General (CG) East: Residential Medium (RM) West: Commercial General (CG) Adjacent Uses North: Clearwater Harbor South: Multi-family residential East: Multi-family residential West: Marina Regionally Significant Yes, because it is located within the CHHA Result in extra- No. jurisdictional impacts? Impact regional No. facilities! resources? Regional Comments By reducing the permitted density of two neighboring properties, it has offset the increase in density caused by this amendment. Applicable SRPP Affordable Housing (1.4.4.) Policies Economic Development (2.3.3) I Consistent with SRPP I Yes. For Council meeting of June 9,2003 Report prepared by: Jessica White, Ext. 288 Cfearwater :Harbor .. ',RH ~G lUt :. WATER ~ PR.OPOSED FUTURE LAND USE PLAN MAP Owner: High and Dry Morino, Ine Case: LUZ2002-11011 Site: 202 Windward Passgae Property Size 1.83 (Acres): Zonin Land Use PIN: 08/29/15143380/004/0090 From: C CG To: HDR RH Atlas Page: 2678 For Council meeting of June 9,2003 Report prepared by: Jessica White, Ext. 288 Institutiona{ e THIS IS NOT A SURVEY! EXISTING SURROUNDING USES Owner: High and DrY Marina, Inc. LUZ2002-11011 Cese: Site: 202 Windward Passgae Property Size (Acres): 1 ,83 - Property Zoning From: C Lend Use CG PIN: 08/29/15/43380/004/0090 To: HDR Atlas Page: 2676 RH For Council meeting of June 9,2003 Report prepared by: Jessica White, Ext. 288 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call ho.me" Ms. Cynthia Tarapani, Director City of Clearwater Planning Department Post Office Box 4748 Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33758-4748 MaY21,2aECE\VED M~{ 2~) 2003 PLANN\NG DEPARTMENT erTY OF CLEARWATER COllEEN CASTIllE SeCrelary IEB BUSH Governor Dear Ms. Tarapani: Thank you for submitting your proposed comprehensive plan amendments for our review. Our reference number for this amendment package is City of Clearwater 03-1. We have conducted an inventory of the plan amendment package to verify the inclusion of all required materials. The submission package appears to be complete, and your proposed plan amendment will be reviewed pursuant to Chapter 163, Florida Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. The Department's ORC report will be mailed to you on or about Julv 19. 2003. Please be advised that Section 163.3184(8)( c), Florida Statutes, requires the Department to provide a courtesy information statement regarding the Department's Notice ofIntent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event no names, addresses are provided, please provide this information as well. For efficiency, we encourage that the information sheet be provided in electronic format. If you have any questions please contact Marina Pennington, Regional Planning Administrator, that will be overseeing the review of the amendments, at (850) 487-4545. Sincerely, .b)~~ D. Ray Eubanks, Administrator Plan Review and Processing DRE/af 2 5 5 5 SH U MAR 0 OAK B 0 U LEV A RD. TALLAHASSEE, FLORI D A 3 2 3 9 9 - 2 1 0 0 Phone: 850.488.8466/Suncom 278.8466 FAX: 8S0.921.0781/Suncom 291.0781 Internet address: hIIO:/Iwww.dca.sl<lle.il.lIs CRITICAL STATE CONCERN FiElD OFFICE 27% Overseas Highway, Suile 212 Maralhoo, fl 33050.2227 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, Fl 32399-2100 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, Fl32399.2100 HOUSING & COMMUNITY DEVelOPMENT 25S5 Shumard Oak Boulevard Tallahassee, Fl32399.2100 <# CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REviEW May 13, 2003 Mr. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning Division of Community Planning Plan Processing Team 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Transmittal of Future Land Use Element Amendment for the City of Clearwater Dear Mr. Gauthier: The City of Clearwater is submitting this transmittal as part of the requirements pursuant to 9J-I1.006 "Submittal Requirements for Proposed Local Government Comprehensive Plan Amendments". This is the City's first (1) amendment package transmittal for 2003. The City is transmitting three (3) proposed Plan Amendments with this letter for your review: LUZ2002-05004 Bayridge Apartments Plan Amendment LUZ2002-09010 The Pools at Windward Passage Homeowner's Association Plan Amendment LUZ2002-110 11 High and Dry Marina, Inc Plan Amendment 9J-l1.006(1)(a) 1: The Clearwater Community Development Board (CDB), as the Local Planning Agency, held a public meeting on July 23, 2002 for LUZ2002-05004 Bayridge Apartments Plan Amendment. The Clearwater CDB, as the Local Planning Agency, held a public meeting on November 19, 2002 for LUZ2002-09010 The Pools at Windward Passage Homeowner's Association Plan Amendment. The Clearwater CDB, as the Local Planning Agency, held a public meeting on January 21,2003 for LUZ2002-11 0 11 High and Dry Marina, Inc Plan Amendment. The CDB recommended approval to the City Commission on the three (3) Plan Amendments. 9J-l1.006(l)(a)2: The Clearwater City Commission held a public hearing on the following dates to approve the transmittal of the following plan amendments: The Clearwater City Commission held a public meeting on August 22, 2002 for LUZ2002-05004 Bayridge Apartments Plan Amendment. The Clearwater City Commission held a public meeting on December 2, 2002 for LUZ2002- 09010 The Pools at Windward Passage Homeowner's Association Plan Amendment. The Clearwater City Commission held a public meeting on February 20, 2003 for LUZ2002- 11011 High and Dry Marina, Inc Plan Amendment. BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER HoYT HAMILTON, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" ~ The above proposed plan amendments and one copy of each item specified under paragraphs 9J- l1.006(1)(a), (b), (c), and (d), FAC, were sent to the Pinellas County Planning Department, Tampa Bay Regional Planning Council, Southwest Florida Water Management District, the Florida Department of Transportation, the Florida Department of State and the Florida Department of Environmental Protection on May 13, 2003. 9J-11.006(1)(a)3: Three (3) Future Land Use Map amendments are being proposed as part of this submittal package. The following is a summary of each amendment: . LUZ2002-05004, Bayridge Apartments Plan Amendment, proposes to amend the Future Land Use Map from Industrial Limited (IL) to Residential High (RR) for 10.05-acres of property to render an existing multi-family use conforming to the City of Clearwater Future Land Use Map and Community Development Code. . LUZ2002-0901O, The Pools at Windward Passage Homeowner's Association Plan Amendment, proposes to amend the Future Land Use Map from Commercial General (CG) to Residential Medium (RM) for 0.87-acres of property to render an existing multi-family use conforming with City of Clearwater Future Land Use Map and Community Development Code. . LUZ2002-ll0 11, High and Dry Marina, Inc Plan Amendment, proposes to amend the Future Land Use Map from Commercial General (CG) to Residential High (RH) for 1.83-acres of property in order to construct a proposed multi-family development. The City of Clearwater requests the Department to review the proposed amendments. 9J-11.006(1)(a)4: The amendments are proposed for adoption subsequent to receipt of the Department objections, recommendations, and comments report and preparation of changes required by the report. The anticipated month of adoption is August 2003. 9J-11.006l(1)(a)5: 9J-11.006l(1)(a)6: The proposed amendment does not pertain to an area of critical state concern. The plan amendment is not within Orange, Lake or Seminole Counties. 9J-I1.0061(1)(a)7.e: The proposed plan amendment does not qualify as an exemption under the twice per calendar year limitation on the adoption of comprehensive plan amendments. 9J-11.006l(1)(a)8: Copies of the completed adopted Clearwater Comprehensive Plan, and any amendments to said plan, have been submitted to the following agencies: the Pinellas County Planning Department, the Tampa Bay Regional Planning Council, the Southwest Florida Management District, the Department of State, the Department of Transportation, and the Department of Environmental Protection under separate cover on May 13,2003. 9J-11.006l (1 )(a)9: agreement. None of the plan amendments are proposed for adoption under a joint planning 9J-11.006l(1)(a)1O: Gina Clayton Long Range Planning Manager 100 S. Myrtle Avenue Clearwater, FL 33758-4748 Telephone: 727-562-4587 Fax: 727-562-4865 Email: gclayton@clearwater-fl.com If you need further assistance, please contact Gina Clayton. Thank you for your courtesy in this matter. Sincerely, ~r/). &ajL fJ Cynthia Tarapani, AICP Director of Planning City of Clearwater Enclosures cCearwater :Jfarbor WATER --9 NOT 10 ~ .. ~.-~ tlID~ ... .u .u ... \~G ;pI; :. PROPOSED FUTURE LAND USE PLAN MAP Owner: High and Dry Marina, Inc Case: LUZ2002-11 011 Site: 202 Windward Passgae Property Size 1.83 (Acres): Zonin Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B MuCtifam [y 'Resitfentia ~ ::0 OJ o l> ::0 tJ ~ Institutiona[ ~ e NOT TO SCAU MuCtifam' 'ResU[entia[ THIS IS NOT A SURVEYI EXISTING SURROUNDING USES Owner: High and Dry Marina, Inc. Case: LUZ2002-11 011 Site: 202 Windward passgae Property Size 1 .83 - Property (Acres) : Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B 01 View looking east View looking south Site view from the south View looking west View looking north Site view from the north High and Dry Marina, IDe LUZ2002-II011 202 Windward Passage May 13, 2003 Pinellas County Planning Department 600 Cleveland Street, Suite 750 Clearwater, FL 33755 Tampa Bay Regional Planning Council Attn: Gerald Smelt, Principal Planner 9455 Koger Boulevard, # 219 St. Petersburg, FL 33702 Southwest Florida Water Management District Attn: Richard S. Owen, AICP, Planning Director 2379 Broad Street Brooksville, FL 34604-6899 Florida Department of State Bureau of Historic Preservation Attn: Ms. Susan Harp R.A. Gray Building 500 South Bronough Street Tallahassee, Fl 323-99-0250 Florida Department of Transportation District Seven Attn: Carol M. Collins, LGCP & CMS Coordinator 11201 North McKinley Drive Mail Station 7-500 Tampa, FL 33612-6456 Department of Environmental Protection Attn: Lindy McDowell, Environmental Manager Office of Intergovernmental Programs 3900 Commonwealth Boulevard, Mail Station 47 Tallahassee, FL 32399-3000 RE: Transmittal of(3) Future Land Use Map Amendments for the City of Clearwater. To whom it may concern: Pursuant to Rule 9J-11.006(1) of the Florida Administrative Code, the City of Clearwater is submitting (3) proposed Future Land Use Map Amendments to the aforementioned organizations. Also, enclosed is a copy of the transmittal letter sent to the Department of Community Affairs. If you need further assistance, please contact Gina Clayton, Long Range Planning Manager at 727-562- 4587. Sincerely, e~oor::t ~ Director of Planning City of Clearwater City of Clearwater Proposed Local Government Comprehensive Plan Amendment First Submittal 2003 May 14, 2003 LUZ2002-11011 High and Dry Marina, Inc Plan Amendment CDB Meeting Date: January 21. 2003 Case No.: LUZ2002-11011 Agenda Item: C-7 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: High and Dry Marina Incorporated, a Florida Corporation REPRESENTATIVE: Harry S. Cline, Esquire LOCATION: 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Commercial General (CG) to Residential High (RH). and SITE INFORMATION: PROPERTY SIZE: To rezone from the C, Commercial District to the HDR, High Density Residential District. 80,077 square feet or 1.83 acres DIMENSIONS OF SITE: 540 feet by 140 feet. m.o.!. PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: Dry storage marina facility Multi-family residential Commercial General (CG) Residential High(RH) C, Commercial . HDR, High Density Residential North: Clearwater Harbor South: Multi-family residential East: Multi-family residential West: Marina Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 1 of9 ANALYSIS Introduction The 1.83-acre subject site is located at 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. It is occupied by a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CO) category to the Residential High (RH) category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density allowed by this plan amendment, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN Applicable Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.2.2 Policy _ Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. 3.2.2 Policy _ Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This site is located in a residential area along the Intracoastal Waterway. This site meets the poli~y of being located on a minor street and development approval for residential units on this site will not negatively impact hurricane evacuation plans. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential High (RH) category as specified in Section 2.3.3.3.1 of the Countywide Rules is to designate areas of the County that are currently developed, or have the ability to be developed, in a highly intensive residential manner and is consistent with the urban characteristics of the surrounding area. The Residential High (RH) category is generally situated in areas that are within close proximity to urban activity centers; residential in nature; or where the development is consistent with similar high intensity residential uses. Generally, the RH category is designated on property in close proximity to, or immediately adjacent to, an arterial or thoroughfare highway network that is serviced by mass transit. The regulation also Staff Report - Community Development Board - January 21,2003 - Case LUZ2002-11011 Page 2 of9 states that this designation is generally not appropriate for coastal high hazard and evacuation level "A" areas. Island Estates was developed with a range of housing types and allowable densities. There are currently large areas on the island that are currently designated as Residential High (RH) and the proposed amendment is compatible with the surrounding area. Furthermore, the subject site's location east of Clearwater Beach and in close proximity to the Memorial Causeway Bridge provides an expedited link to the nearest evacuation route during a predicted storm. The completion of the new Memorial Causeway Bridge in 2004 will upgrade this evacuation route and upgrade the Causeway level of service from C to B. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on the Intracoastal Waterway in an AE flood zone. It is on an island that currently has high density residential development and is located in close proximity to Memorial Causeway. In 2004, the Level of Service of this evacuation route will be enhanced to a LOS B. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. The proposed amendment could result in a net increase of 11 units or approximately 24 people (see I. below for additional information on net increase of density in entire CHHA). Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. Not considering that decreased percentage, this increase is still minimal and will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural areas. E. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The subject site does not currently provide public access to the Bay nor will it if the proposed amendment is approved. F. Water Dependent Use. The site is currently occupied by a water related use. The proposal is to remove this use. Staff Report _ Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 3 of9 G. Integral Part of Comprehensive Planning Process. Not applicable. H. Part of Community Redevelopment Plan. This site is not located within the boundaries of a community redevelopment plan area. I. Overall Reduction of Density or Intensity. The maximum permitted density of the subject site is currently 24.0 units per acre, which would permit a maximum of forty-four (44) dwelling units. The proposed amendment would allow 30.0 units per acre for a maximum of fifty-five (55) dwelling units. Approval of this application could yield a net increase of eleven (11) residential units in the ClffiA. Consideration should be given to the fact that on December 5,2002, the Clearwater City Commission approved a Future Land Use Plan amendment for a property across the street to the south (209 - 229 Windward Passage) that reduces permitted density in the CHHA by a total of seven (7) units by redesignating the property from Commercial General (24 units per acre) to Residential Medium (15 units per acre). This amendment is pending approval by the PPC, CPA and the Department of Community Affairs (DCA). If this request is approved, the total density increase in the CHHA, considering both requests, will be by four (4) units. When evaluating this request, consideration should also be given to the fact that the City of Clearwater purchased property to the south of the subject site, adjacent to 209-229 Windward Passage, and constructed Sunset Sam Park. The Future Land Use category of the site is Commercial General and would allow the construction of 9 units. However, since this has become City parkland, these units will not be built and will offset the increase of four units that will result from the proposed amendment. 1. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore the clustering uses of a portion of the site outside the ClllIA is not possible. While the requested amendment to the Future Land Use Plan category could place a net total of four (4) additional residential dwelling units in the CHHA and subject the site to possible direct storm damage, the decrease in the existing capacity for the maximum potential of traffic generated by the amendment would positively affect the evacuation route of the area. In addition, the removal of a water dependent use from the site may have a negative effect on the overall capacity of vessel storage for the city, however, the current marina use is not compatible use with the surrounding residential development. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD Current uses allowed in the HDR, High Density Residential zoning district include attached dwellings, detached dwellings, community residential homes, nursing homes, places of worship, assisted living facilities, retail sales, schools, overnight accommodations, parking garage and lots, congregate care, parks and recreation facilities and residential infill projects. Staff Report _ Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 4 of 9 State Route 60 Corridor/Memorial Causeway The SR 60 corridor connecting the Downtown to Clearwater Beach is characterized primarily by open space, utility/infrastructure facilities and parks. The Countywide Future Land Use Plan has designated land along this corridor as Recreation/Open Space (RIOS). The Recreation/Open Space is the only land use plan designation to the north, south, east and west of the corridor. Immediate Surrounding Area The Future Land Use Plan (FLUP) for the immediate surrounding area to the south and west of the subject site is Commercial General (CG). The Residential Medium (RM) plan category extends to the east of the subject property, while Clearwater Harbor borders the property to the north. To the north of the site are several residential fingers, approximately 10.5 acres in area that have a designation of Residential High. The existing surrounding uses include a marina to the east. Multi-family residential dwellings and a park are located to the south, with Clearwater Harbor north. The proposed Future Land Use Plan designation and rezoning are in character with the overall FLUP designations along this block and compatible with surrounding uses. Amending the FLUP to the Residential High category will make all the peninsulas on the western portion of Island Estates consistent as this plan category. As the current use of the high and dry marina storage facility is incompatible with the surrounding residential uses, approval of this request would better assimilate the site with surrounding uses. While a marina facility may be a desired use in the community, the traffic impacts and noise associated by the peak use on Saturdays and Sundays severally conflicts with the residential nature of the surrounding area, while the visual and noise impacts generated by the servicing of vessels at a marina facility also degrades the quality of the surrounding area. In addition, the amount of on-site parking spaces available to accommodate the 306-berth high and dry marina facility can require patrons to utilize on-street parking in the surrounding neighborhood during the most desirable boating days. IV. SUFFICIENCY OF PUBLIC FACILITIES The subject site is approximately 1.838 acres and would allow 44 dwelling units or a 44,034 square foot building, based on a maximum density of 24.0 dwelling units per acre and a FAR of 0.55 in the current Commercial General (CG) Future Land Use Plan category. Based on a maximum permitted density of 30.0 dwelling units per acre under the proposed Residential High (RH) plan category, a maximum of 55 dwelling units could be constructed on this site provided all code requirements are met. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. Staff Report _ Community Development Board - January 21,2003 - Case LUZ2002-11011 Page 5 of9 Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Tri S3 Volume of Memorial Causewa from DrewlPierce Street LOS of Memorial Causewa from DrewlPierce Street Nt A = Not Applicable WS = Level-of-Service 1 = Based on PPC calculations of 465 trips per acre per day for the Commercial General Future Land Use Category. 2 = Based on PPC calculations of 183 trips per acre per day for the Residential High Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" olthe Countywide Future Land Use Plan The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Memorial Causeway segments in the vicinity of this site a level of service (LOS) C. When compared to the maximum development potential of the existing Commercial General (CO) future land use plan category; the Residential High (RH) future land use plan category and the proposed use of application will decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segments level of service. In addition, upon completion of the new Memorial Causeway Bridge in 2004, it is proposed that the Level of Service (LOS) in this vicinity will be enhanced from a LOS C to a LOS B. Specific uses in the current and proposed zoning districts have also been analyzed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Existing Zoning Marina (2.96 Weekday tripslberths) 306 Berths 905 N/A (0.21 PM Peak hr tripslberths) Quality Restaurant 44,034 sq. ft. 3960 N/A (89.95 Weekday trips/lOoo sq. ft.) (9.02 PM Peak hr trips/1OOO sq. ft) Government Office Bldg. 44,034 sq. ft. 3035 N/A (68.93 Weekday trips/lOoo sq. ft.) (11.03 PM Peak trips/I 000 sq. ft) Proposed Zoning CondominiumITownhouse (5.86 Weekday trips/dwelling unit) 55 Units N/A 322 (0.54 PM Peak trips/dwelling unit) N/A 64 N/A 3,055 397 333 2,130 785 721 (-583) 29 (-35) High Rise Apartment (4.20 Weekday trips/dwelling unit) 55 Units (0.40 PM Peak trips/dwelling unit) Nt A - Not Applicable Source: ITE Tri Generation Manual 6th Ed. 1997 N/A 231 (-674) 22 (-42) Staff Report _ Community Development Board - January 21, 2003 - Case LUZ2002-11 0 11 Page 6 of9 Based on the applicant's proposed use of the subject site, the City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in any degradation of the existing LOS to Island Way and/or State Route 60. In fact, the proposed Future Land Use Plan amendment will result in a reduction of potential trips. There will be no impact on the operational efficiency of the signalized intersections of Island Way and State Route 60. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within 1A mile of 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 State Route 60. Water The current land use plan designation and zoning district could demand approximately 4,403 gallons of water per day. Under the proposed Residential High land use plan designation and zoning district, water demand could approach approximately 13,750 gallons per day. The proposed amendment could result in a net increase of 9,347 gallons per day. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for water since there is excess capacity. Wastewater The current land use plan designation and zoning district could demand approximately 3,522 gallons of wastewater per day. Under the proposed Residential High land use plan designation and zoning district; wastewater demand could approach approximately 11,000 gallons per day. The proposed amendment could result in a net increase of 7,478 gallons per day. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for wastewater since there is excess capacity. Solid Waste The current land use plan designation and zoning district could result in 118 tons of solid waste per year for a commercial site. Under the proposed Residential High land use plan designation and zoning district; approximately 139 tons of solid waste could be generated per year. The proposed amendment could result in a net increase of 21 tons of solid waste per year. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for solid waste since there is excess capacity. Recreation and Open Space The proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities due to available capacity. It however, will require payment of recreation and open space impact fees due to residential development on vacant land. v. IMPACT ON NATURAL ENVIRONMENT Prior to development of the subject property, site plan approval will be required. At that time~ the stormwater management system will be required to meet all City and Southwest Florida Staff Report _ Community Development Board - January 21, 2003 - Case LUZ2002-11 0 11 Page 7 of9 Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. In addition, any new structures will be required to be constructed above the base flood elevation. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES The location of the proposed Residential High (RH) boundaries are logical and an appropriate classification between multi-family and park uses to the south, the marina use to the west and the mutH-family uses to the east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS The proposed IIDR, High Density Residential District permits a FAR of 0.60 and the existing C, Commercial permits a slightly less intensive FAR of 0.55. The 0.85 ISR of the proposed HDR is considerably less than the existing ISR at 0.95. The site's area at 80,063 square feet exceeds the minimum lot area requirement of 15,000 square feet required by the HDR zoning district for attached dwellings. The parcel is approximately 540 feet in width and exceeds the 150 feet required lot width for attached dwellings in the zoning district. Therefore, the parcel meets the . size requirements of the proposed HDR District and the attached dwelling use is permitted in the HDR. 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 this property is consistent with the High Density Residential regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Commercial Oeneral (CO) to Residential High (RH) and a rezoning from the C, Commercial District to the IIDR, High Density Residential District for the subject property is requested to enable the applicant to develop this site with multi-family dwellings. The neighborhood is surrounded by a marina use to the west; a park and multi-family residential uses to the south; Clearwater Harbor to the north and multi-family residential to the north and east. The proposed residential use will blend into the surrounding neighborhood since this is a primarily residential area. The proposed Residential High (RR) Future Land Use Plan classification and HDR, High Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 8 of9 provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROV AL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 202 Windward Passage from Commercial General (CG) to Residential High (RH), and 2. Amend the zoning district designation of 202 Windward Passage from the C, Commercial District to the HDR, High ity Res"dential District. Prepared by Planning Department Staff: Attachments Application Location Map Aerial Photograph of Site and Vicinity Existing Surrounding Uses Zoning Map Land Use Plan Map Site Photographs S:\Planning Departmen^C D IN..and Use Amendments\LUZ 2002\1-U21002-11011 High and Dry Marina 202 Windward Passage RcN...UZ 2002-11011 High and Dry marina- staff report. doc Staff Report _ Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 9 of9 CITY OF L.l.JEARW A TER PUBLIC HEARl!...G NOTICE LAND USE PLAN AND ZONING ATLAS AMENDMENTS NOTE: All persons wishing to address an item need to be present at the BEGINNING of the Community Development Board meeting. Those cases that are not contested bv the applicant, staff. neighboring property owners, etc. will be placed on a consent agenda and approved bv a single vote at the beginning of the meeting. Schedule of Public Hearings: Tuesday, January 21,2003 before the Community Development Board, at 2:00 p.m. Thursday, February 20, 2003 before the City Commission (1st Re~ding), a 6:~~~. All public hearings on the ordinances will be held in Commission Chambers, 3rd floQr ty Hall, 112 South Osceola Avenue, Clearwater, Florida. (High and Dry Marina, Inc.) LUZ2002-11011 "'. V>, 10v The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7088-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDW ARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL IllGH (RH); PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7089-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL (C) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING AN EFFECTIVE DATE. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Commission, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. An oath will be administered swearing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL 33756, or call (727) 562-4567. Gina Clayton Planning Department Cynthia E. Goudeau, CMC City Clerk City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COpy OF THIS AD IN LARGE PRINT IS A V AILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR REQUEST AT (727) 562-4093. Ad: 01/05/03 & 02/02/03 Comprehensive Plan Citizen Courtesy Information List Local Government: City of Clearwater Case: LUZ2002-11011- 202 Windward Passage Hearing Date: Febuary 20. 2003 Type Hearing: Transmittal DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. II Address, City, State, Zip Code Appropriate Response(s) Written J "c't':: ;~-:;:~t!~~J~~1J-~ ~ _ J uUUu uumu I .. .. ..CJI..- _u .. ... Lu__umuu__u___ i . . . i . ........ .~m.." .... iIICil............ [IU- Citizen Name ~'p. ne e,,' ';$0 " il. i[ 1\ . Check .. ORDINANCE NO. 7088-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPRQXIMA TEL Y . 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF lOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); 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 TH~ 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 de~cribed property as follows: . Prooertv See attached legal description Land Use Cateaorv From: Commercial General (CG) (LUZ2002-11011) To: Residential High (RH) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. . Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pine lias County Planning Council an application to amend the CountyWide Plan in order to achieve consistency with the Future land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING Ordinance No. 7088-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7088-03 _GAL DESCRIPTION UPLANDS: - A PORTION OF. LOT 9 AND AU. OF LOTS 10, 11, 12, AND 13, BLOCK .D, UNIT 5, ISLAND .ESTAlESDF :CLEARWAJER, TOGETHER WITH A PORnON OF VACAlED "DORY PASSAGE AS .RECORDED .IN .:PLA-r ,:BOOK .$1; PAGE" 34, puauc RECORDS OF PINELLAS COUNTY, ' .FLORIDA,''''SElNG MO~E -FULLY ~DESCRIB~' .AS F'?~WS .: BEGINNiNG -AT. i11;E- sou"lHEAsT- -CORNER OF SAiD. LOT 12; . THENCE 'N4!n3'4'''W ALONG'JHE 'NORTHERLY, RLGHT~OF.~WAY" UNE or '.WlNDWARD P.;6;SSAGE, 'A ..DISTANCE 'OF 32o.oo:f.EET TO '~_':POlNT.:OF_ QJRVAnJRE OJ:-.A 'CURVE TO JHE.:RIGHr;'. ~NCE ALONG ~St\ID cURVE, ;H~VING':::A:.:fUD"jUS:-'OF: :5~OO :~ET;..;CH0RD 31;.62 '.FEET -aE~JNG N30~57'4t"W, -A DISTANCE OF .32.17 ~fEET;: :rO-A POIN:T. 01" R~SE. . CURVE;. . lHENCE -At.'ONG:A CURVE TO.:THE.:1EFT'.f.lA1JfNG'.A :AAntUs. OF. '50.00 .FEE'[.: 'CHORD OF 73.14 'FEET BEAR1NG . . N59:3-1"2~W" . A';DISTANCE . OF.' -8203.':FEET; .' ~NCE, .:l.EAVlNG' SAID . LINE, "N:l.6~r'22"W A :.DISTANCE 'oF....'20.DO:.FEET-TO._:1HE POINT OF'.~CURVA1URE OF .A .NON-TANGENT CURVE- '1HENCE:=AL'ONG.'~ "CORVE?J'Cf1HE -R!GHT'HAVlNG':-A lb\QjUS.:oF ..17-.o.Q(f':FEET, A CHORD OF tS~'57."..FEET.;aEARlliG SI.Hi7..~3l'!e"'.:A...nIST-ANCEDF:"~J:69.:50 FEET..TQ'''APOINT 'OF . . T ANGENCY;/..:1AENCE'~:S49~~1~~':: Ii. 7~JSrANC6' :OF.:.1"80~OO F;EET TO' TH~' POlN.T. ''CURVAl'URE .'..OF :'j\t.ctJRVE::r.O..miE . LEfT;. ':'1HENCE,.:~Al::OOG. :SAID CURVE. iiAVJNG-. A-.ftADIUS-..OF" ""70.00 fEET ~. A :CtiORD:.:QF ~:7.~..84:~ -BEARING: 'S8l~-4~22~. -ADIst"A~.-Of, 78~ :FEET. TO'. A .POINT,. ' 'SAIO':::POlN.T.~SE1N~: 11:iE~ SOOiR~'t':CORNER "QF'-PftA"SE '1"1 MLLAGE'. ON' ISlANO.':ESTA TES, . ASRECORDED_;tfr.PLAT":aOOK:~55.:PA~.12, PU8UC'..RECORDS ,OF. PfN~ 'COUNTY, .F.LORIDA- ., ;'lHENCE/:AlONG-';..7HE"SOU1HERLY :LJNE:9F.' ~AID, '\1lLAGE:' . ON. :ISLAND ESTA lES, THE 'FOLLOWlNG · . "niREE.(3):COURsES..:::..... .... ....:.;-- . ". .... ..,: _. ,: ~... ':.' "."', '. .. . .r. .:.... . ,.0 1: . S49~' 41~~-:-~A "DISTANCE. .OF--i36:76.. FEET; '. 2. . S08'2.32~. A DISTANCE' OF 81 ~OS.:FEET; . AND .' . 3.' . S;4(r36'1'9.W; A DISTANCE'.-QF '.106~62 ~'f.'EET TO, A-PorNJ" ON THE NORTHERLY .. ..RJGHT~~~:NA 't.;~OF ~ AF9REM~TI~ED :WlNDWARD PASSAGE;' THENCE. -ALONG SAlp:;ciNE N49"24'09.'W~ A DfSTANCE .OF .01.0.0.. FEET; :rrlENCE S40"3S'19.W." A OIST~CE OF. 2Qioo FEET TO THE POINT OF BEGINNING. CONTAINI~Cr ~.83B" ~CRES oR 80,078 SQUARE' FEET MORE OR -LESS. . . . ALSO, SUBMERGED LANDS: . . _ .THOSE SUBMERGED LANDS LYING ~ORTHWESTERLY OF .PHASE IV, VILLAGE ON ISlAND ESTATES, AS D.ESCRIBED IN .O.R. BOOK 5885, PAGE 2178, PUBUC RECORDS OF PINELLAS COUNTY, FlORI[ AND AS .SHOYm HEREON. -- 11 :a ,;) J EXHIBIT /~L\ '~ \- RH r-: . I .< . \, ~ , ' '"J'A\'S""" t -'~V RM Q NOTTDSCALWA TER THIS IS NOT A SURVEYI FUTURE LAND USE MAP Owner: High and Dry Marina, Inc Case: LUZ2002-11 011 Site: 202 Windward passgae Property Size I (Acres) : 11.83 Zonin Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B R i1'" ORDINANCE NO.7089-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK 0, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL (C) TO HIGH DENSITY RESIDENTIAL (HDR); 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: .' Zonina District From: Commercial (C) To: High Density Residential (HDR) Property. See attached legal description (LUZ2002-11011) 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 7088-03 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 Attest: Leslie K. Dougall-Si e Assistant City Attor Cynthia E. Goudeau City Clerk Ordinance No. 7089-03 .....GAL DESCRIPTION 'UPLANDS: - A PORTION OF LOT.9 AND AU. OF LOTS 10, 11, 12, AND 13, BLOCK .0, UNIT 5. ISLAND ESTAlES.OF .CLEARWAJER, TOGETHER WITH A POR1l0N OF VACATED 'DORY PASSAGE AS .RECORDED .IN .:PLAt ~BOOK '51~ PAGE" 34, PUBUC RECORDS OF PINELLAS COUNTY, . .fLDRIOA.''13E1NG MO~E 'FULLY 'DESCRle~' .AS FC?~WS': . , BEGN'NiNG - AT. 'THE- SOU1HEAsT- -CORNER OF sArti LOT 12; . THENCE 'N4Er23'41"W ALONG <mE ~OR1HERlY' RLGHT~OF:-WAY" LINE or' 'WlNDWARD P.;4;SSAGE, 1t. ,.DISTANCE 'OF 320.00 :f.'EET TO -'THE ~:P.OINT.:OF -CURVA1URE OF:',A.CURVE TO JHE.:RIGHT;' ~NCE ALONG -::SAID .'cURvE. ;HAVIN~f7A:Ju\DIU'S~ OF. ~~oo :FE:ET;..:CHORD 31~2 'FEET BE~jNG N30~57'4t"W, 'A DISTANCE Of"',32.17 ~fEET;':rO:"A POIN"T,OF R~SE. 'CUR~.' "THENCE At.ONG 'A CURVE TO: 'lHE.J.EFT'.HAv.JNG:.A :~IUS. Of'SO.OO .FEE!.: "CHORD OF 73.14 'FEET :BEARtNG ' 'N59:}1~~W.' 'A.:;DIS:TANCE 'QF'-8203.':FEET; . ':rii;.NCE. ,:LEAVlNG'SAID 'U~..N1.6"3r'22"W A :.DISTANCE 'OF....120.DO:.FEErTO..~1HE POINT OF.-CURVA'IDRE OF ,A 'NON-TANGENT CURVE; 'iHENCE:~AL'ONG.'sA1D 'CURVE:::;ra~ lHE'R~GHT 'HAVING ':/\ 1t/U)jUSOF .,17--O.aD~':FEET, A CHORD OF -1S~57_~:FEETj:'3EARlNG SI.r57.~3l'!eZ:A ..bISTANCEDF:-:-;.1:6'9.:50 FEET..TQ'.'APOINT 'OF ' 'T ANGEN"Cy';/..,:1tlENCE'~:S497.S'~t~E:-':: Ii. -~JSr ANCE' 'Of. 1'80;00 ffi)" TO' THe:' POINT. 'CURVA lURE ".'Of :-jl/.ctJR\E:'rO'l'$iE 'LEFT;,'~'"1:HENCE.,:>iAtONG.''.SAlD Cl)~VE. t:I.1\V1NG.A-'-RADJUS-.,OF: ~70.00 FEET. .. A 'cHORD<U~7~M::FEE1.BEARfNG, 'S81.~4~22~., -A. DIsr.;!ilCE.-Of, 78~ :FEET. TO'. A .POINT., . . 'SAIDi:POlNT~BEJN(t Tl3E~ SOt:.lTRWEST$L't.:.COR,.."ER :,OF']~BA'SE' 'fV MLLAGE', ON' ISlAND .':ESTA TES. AS .RECORDED.:.\fFPLAT"-BOOK?35..'PAq:, 12. PUBUC'RECOROS ~OF. PfNEU:AS 'COUNTY, .FLORIDA; ,. ;lHENCE-.AlONG/'-iHE''SOlrrHERlY :UNE..OF SAID,VJLLAGE-.QN. :ISlAND ESTATES, THE 'FOLLOWlNG , '1HREE:!3} :c~s,.:~'.," . ':. .~ , . ,'~ > " " ,. '. .' 't _. ,: ~ ' ......". '. ....I..:~. . . "." 1: . S49~'41'~E.:'~A 'DISTANCE. ,OF-.1'3S:76, , FEET; '. 2. 'S08'2'32~. A DISTANCE' OF 81;OS..:FEET~ . AND . , 3. 'S40"36':t'9.W~ A DISTANCE' --oF ',1 06~62 ~'FEET TO, A - POINT ON THE NORTHERLY RIGHT ~OF: ....WA '(J;JNEOF niE AF~EMENTlONED :W1NDWARD PASSAGE;' THENCE' ALONG SAlO: ONE N49"24.09.-W~ A 'OfSTANCE .OF ,51.00, FEET; .n-iENCE S40,?6'19~~~': A .DIST~CE OF 2q:O~ FEET TO !HE POINT OF BEGINNING. CONTAINING' 1.83S' ACRES oR 80,078 SQUARE FEET MORE OR LESS. . ALSO, SUBMERGED LANDS: . ' , ,THOSE SUBMERGED LANDS LYING ~ORTHWESTERL Y OF 'PHASE IV. VILLAGE ON ISLAND ESTATES, AS DESCRIBED IN .O.R. BOOK 5885, PAGE 2178, PUBUC RECORDS OF PINELLAS COUNTY. FLORII AND AS .SHO\\t4 HEREON. -- . ) EXHIBIT ; ~ 1,)/' \~ ,,1:1 .~ p t".~--;. i-J i l__\____~ , ' , ' 1 \ , --I \;,; )--l.~ \ \ \ \ , i. i \ I I \ I \ \ /--; \---~-j , , , \ , , e NOT 10 SCALS THIS IS NOT A SURVEYI ZONING MAP Owner: High and Dry Marina, Inc. Case: LUZ2002-11011 Property Size ! Site: 202 Windward Passgae (Acres): 11 .83 - Property I Zoning Land Use PIN: I 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B AERIAL PHOTOGRAPH Owner. High and Dry Marina, Inc. Case: LUZ2002-11011 Site: 202 Windward Passgae Property Size 1.83 - Property (Acres): Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH A tics Page: 267B I , COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER January 21, 2003 Present: Carlen A. Petersen Ed Hooper David Gildersleeve Edward Mazur, Jr. Shirley Moran John Doran Kathy Milam Chair Vice Chair Board Member Board Member Board Member Board Member Alternate Board Member - voting Absent: Alex Plisko Board Member Also Present: Leslie Dougall-Sides Cyndi Tarapani Lisa Fierce Gina Clayton Brenda Moses Assistant City Attorney Planning Director Assistant Planning Director Long Range Planning Manager Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. . To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A. APPROVAL OF MINUTES OF PREVIOUS MEETING: December 17,2002 Member Gildersleeve moved to approve the minutes of the regular meeting of December 17,2002, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. B. REQUEST FOR CONTINUANCE (Item 1): 1. Case: FLD2002-10036 - 900 North Osceola Avenue * Leve/2 Application Owner: Decade 80-XIV. Applicant: Clearwater Bay Marina, LLC. Representative: Don Harrill. Location: 8.89-acres located on the west side of North Osceola Avenue, at the western terminus of Nicholson Street. Atlas Page: 277B. Zoning: D, Downtown District. Request: Flexible Development approval to increase the height of a building with attached dwellings from 30 feet to 149 feet (as measured from base flood elevation), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903.C, and to reduce the buffer width along the north property line from 10 feet to five feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: The application includes 146 attached condominium dwellings, eight attached townhome dwellings, 120-slip marina (73 public slips and 43 slips reserved for condos), and 7,500 square-foot nonresidential uses (restaurant/ship's store/marina office) Community Development 2003-0121 1 1/21/03 'jO " The Planning Department recommends approval of the following actions on this application: 1. Amend the Future Land Use Plan designation of Metes and Bounds parcels 13/04 & and portion of 13/044 from Residential Urban (RU) to Residential/Office Limited (RlOL) (pending case ANX 2002-12023). 2. Amend the Zoning District designation of Metes and Bounds parcels 13/04 & a portion of 13/044 from A-E, Agricultural Estates Residential to 0, Office (pending ANX 2002-12023). In response to a question, Planner Marc Mariano said this address is correct. It was changed by the Engineering department because 7 Hampton Road was assigned to the former homeowner, who was not annexed into the City and 10 Hampton Road is not available. Member Mazur moved to approve the Consent Agenda Item C1 - Case FLD2002- 10034, Item C2 - Case FLD2002-10035 with 14 conditions as listed, Item C3 - Cases FLD2002-11 039/PT2002-11 003 with 8 conditions as listed, Item C4 - Cases FLD2002- 11 038/PL T2002-11 002 with 8 conditions as listed, Item C5 - Case FLD2002-11 042/PL T2002- 11005 with 6 conditions as listed, Item C6 - Case FLD2002-11 041/PL T2002-11004 with 8 conditions as listed, Item C7 - Case FLD2002-11043 with 11 conditions as listed, Item C8 - Case FLD2002-10033 with 3 conditions as listed, and recommend approval of Consent Agenda Item C9 - Case ANX2002-10017, Item C10 - Case ANX2002-11022, Item C11 - Case LUZ2002-11012, Item C12 - Case ANX2002-11019, Item C13 - Case ANX2002-11020, Item C14 - Case ANX2002-11021, Item C16 - Case ANX2002-12023, and Item C17 - Case LUZ2002-12013, less Item #15 - Case LUZ2002-11011. The motion was duly seconded and carried unanimously. 15. Level 3 Application roximately Request: (c) Land Use Plan amendment from Commercial General, CG to the Residential High. RH Classification; and (d) Rezoning from the C, Commercial District to the HDR, High Density Residential District. Proposed Use: Future multi-family dwellings. Neighborhood Association(s): Island Estates Civic Association. Presenter: Marc A. Mariano, Planner. This item was pulled from the Consent Agenda. Member Hooper declared a conflict of interest. The 1.83-acre subject site at 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way, is occupied by a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential High (RH) Community Development 2003-0121 29 1/21/03 category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density allowed by this plan amendment, review and approval by the Florida Department of Community Affairs is required. An amendment to the Future land Use Plan from Commercial General (CG) to Residential High (RH) and a rezoning from the C, Commercial District to the HDR, High Density Residential District for the subject property is requested to enable the applicant to develop this site with multi-family dwellings. The neighborhood is surrounded by a marina use to the west; a park and multi-family residential uses to the south; Clearwater Harbor to the north and multi- family residential to the north and east. The proposed residential use will blend into the surrounding neighborhood since this is a primarily residential area. The proposed Residential High (RH) Future land Use Plan classification and HDR, High Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends approval of the following actions on this application: 1) Amend the Future land Use Plan designation of 202 Windward Passage from Commercial General (CG) to Residential High (RH), and 2) amend the zoning district designation of 202 Windward Passage from the C, Commercial District to the HDR, High Density Residential District. In response to a question, Mr. Mariano said the applicant is proposing to build 55 units at a height of 64 feet, which exceeds FEMA (Federal Emergency Management Agency) restrictions of 14 feet. The existing building is approximately 45 feet high. The complex immediately south of this property contains three story garden style town homes. Dolphin Cove Condominiums are eight floors high. Mr. Mariano said the development potential of the Commercial General designation on this property is the most intense designation permitted. Marinas and office buildings could be built in a Commercial General land use designation area. Discussion ensued regarding the evacuation of a Commercial General designated area. Ms. Tarapani remarked that sufficient warning always is given to people when the potential for a hurricane exists. It was remarked that this request is resulting in a net reduction of the number of sites to store boats. Demand for boat storage remains high. Mr. Mariano said he was not aware of any formal proposals regarding marine storage facilities in the City. He said the Clearwater Yacht Club is nearby. He said he has, on occasion, received complaints regarding on-street parking on days when this marine facility is being used heavily. Harry Cline, applicant's representative, said Dolphin Point Condominium is 10 stories over parking. The maximum height of this built would be 45 feet. The applicant's property is on a cui de sac and at the end of a finger. He felt a Commercial designation is appropriate on this street. The site has over 300 boat slips with limited sales and service. This property is paved 100% from lot line to lot line and has no open space. Parking also has been a problem. This proposal is to rezone this property from Commercial to High Density Residential to construct a condominium development. The surrounding fingers also are zoned High Density Residential. He said this development would not be a high-rise condominium development. There would be Community Development 2003-0121 30 1/21/03 four residential levels over parking. He referred to draft renderings of the project. He said the traffic and noise would decrease with this proposed use. Currently, on holidays the traffic demand exceeds capacity on this street. He said the Village condominiums have indicated they were supportive of this proposal as long as a high rise is not built. He said this project is compatible with the surrounding area. The Chair noted that the CDB is only considering the request to change the land use and zoning today; not the site plan or the project. In response to a question, Mr. Cline said the current land use allows 30 units per acre. This proposal is for four additional units per acre or a total of 11 units over the current capacity. It was remarked that the DCA (Department of Community Affairs for Florida) has been denying requests for land use changes that involve additional numbers of units. Mr. Cline said those denials were applied to projects on barrier islands and those cities' zoning and land use plans may differ from Clearwater's regulations. In response to a question, Ms. Tarapani said staff is aware of other beach communities' land use and zoning decisions. Clearwater's primary obligation is to provide increased housing throughout the City. She said staff feels this proposal would result in a small, incremental impact on the system. Sal Haider, developer, said this project would result in a high quality product with four stories over a garage. The project would be built within the allowable space. He said although the project exceeds the Code's height requirements, 110 parking spaces under the building is planned, which exceeds parking requirements. In response to a question, Mr. Haider said preliminary plans are to incorporate 23 - 26 boat slips, which would be available for sale to residents of this complex. Some parking spaces would include garage doors. Ten persons spoke in opposition of the application. In response to a question, Mr. Cline said the applicant's survey indicates that his client owns the submerged lands. He said a title search is being done to confirm his claim. In response to a question, Ms. Clayton said the unmetered parking spaces that one resident referred to on the south side of the subject site are merely a result of people parking in the City right-of-way. Mr. Cline said this proposal would provide for on site parking for property owners. Ms. Tarapani reviewed the process for notification of adjacent property owners regarding applications involving a request to deviate from Code regulations. She said the issue of property ownership of the submerged lands under the docks at the Village on this site is a matter between the two property owners, however staff welcomes any information or documentation regarding the matter. The applicant is claiming ownership rights. The Village property owners have indicated that applicable permits those docks were obtained in 1982. It was remarked that the land use plan in the area on the northeast side of Windward passage is Residential Medium. In response to a question, Ms. Clayton said if this site was zoned Residential Medium, the appropriate zoning designation could be MDR or MHDR. Heights in the MHDR through a flexible public hearing could be up to 50 feet; in MDR up to 40 feet through a staff approval; or 50 feet through a public hearing. It was remarked that just south of Dolphin Point is Residential Medium and to the south of that is Commercial General Community Development 2003-0121 31 1/21/03 ... zoning. It was remarked that this request is for Residential High but appears that it more closely parallels Residential Medium. Ms. Tarapani said Skiff Drive and Dolphin Point have a Residential High designation and there also is Residential Medium adjacent to the site. It was remarked that the Residential High designation may be out of character between a Residential Medium and Commercial General designation. Ms. Clayton said Residential Medium density allows 15 units per acre and Residential High allows 30 units per acre. In response to a question, Ms. Tarapani said FEMA requires various flood elevations as measured from the first floor of living space. She said in this current Commercial zoning designation, the applicant could build a hotel which could potentially be a height of 25 to 50 feet through a staff approval or flexible standard or higher through a Comprehensive Infill request. In the Commercial District, 40 units per acre would be permitted. Office buildings also could be built in the Commercial District. Ms. Clayton said the Engineering department has indicated the utility capacity on Island Estates would not be adversely affected by this project. Mr. Cline said he is sympathetic to residents' concerns regarding height of the project. He said the request before the COB today is a zoning and land use issue. He feels this request is appropriate for the area and is compatible with the surrounding area. It was remarked that the specific elements in the site plan for this project would be reviewed by staff and the CDB prior to any approvals for setbacks, etc. The City Commission reviews the CDB's recommendations and makes the final decision regarding these cases. Member Doran moved to approve Item #15, Case LUZ2002-11 011, subject to the issue of ownership of the submerged land being determined to the satisfaction of the City Attorney's office. The motion was duly seconded. In response to a question, Mr. Cline said he felt the issue of ownership of the submerged lands could be divorced from this application. He is in possession of a land survey, which indicates that as part of the legal description, the submerged lands belong to his client. Assistant City Attorney Dougall-Sides said the zoning map has no designation for that parcel. Mr. Cline said he would withdraw that portion of the application described as submerged lands. reg . ersleeve, Mazur, Petersen voted "Aye". . Motion carried unanimously. D. DIRECTOR'S ITEMS Administrative Law Judge Determination Ms. Dougall-Sides said in the case involving the granting of a dock permit to Applicant Christopher C. Mariani, the final order of the Administrative Law Judge J. Lawrence Johnston upheld the COB's determination not to pull the appeal from the COB's Consent Agenda and hold a full judicial hearing on the request. The judge also specified which portions of the record should be forwarded to DOAH (Division of Administrative Hearings). Ms. Dougall-Sides said the judge's decision speaks well for future decisions of the COB with respect to those types of appeals. Community Development 2003-0121 32 1/21/03 CITY COMMISSION MEETING CITY OF CLEARWATER February 20, 2003 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia o. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Deacon James Grevenites of St. Brendan's Catholic Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards Vickie Duffey, of the Police Department, was presented the February 2003 Employee of the Month award. ITEM #4 - Introductions. Awards and Presentations a) Proclamation: Tampa Bay Emergency Planning and Community Right-to-Know Awareness (EPCRA) Week - February 23 - March 1, 2003 Engineers Week - February 16 - 22,2003 Clearwater Marine Aquarium Week - February 10 - 16, 2003 b) Proclamation: c) Proclamation: d) Presentation: Phillies Spring Training ad campaign Television Production Specialist Kurt Kraus reviewed the City's media partnership plan with the Philadelphia Phillies for Spring Training 2003, including campaign strategies, the C- View program, "Sports Exchange," and slogans, "Red, White, Blue, and Baseball," and "Clearwater, American as Baseball." Phillies General Manager John Cook said the partnership with C-View is successful at filling Spring Training game seats. It was stated this year is the last opportunity to attend Spring Training games at Jack Russell Stadium. Commission 2003-0220 1 02-20-03 "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7086-03 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7086-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7087-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7087-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. This site is located on the north side of Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. The subject site is approximately 1.83 acres in area and is currently developed with a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future land Use Plan designation of this property from the Commercial General (CG) category to the Residential High (RH) category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. 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: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The potential range of uses and the current use are compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the density of the plan amendment site, review and approval by Florida Department of Community Affairs is required. Commission 2003-0220 8 02-20-03 The Community Development Soard reviewed this application at its January 21, 2003 meeting and unanimously recommended approval. It was stated denying this request will not protect the current boat slips. Concern was expressed that boating is impacted when the waterfront is developed and regulations restrict boat storage in residential neighborhoods. Ms. Clayton said residential boat storage is permitted, under certain conditions. It was stated at their meeting, CDS (Community Development Soard) members had focused on which density would be appropriate as it related to height. Concern was expressed the site could be developed with a building as tall as 130 feet if zoned High Density Residential but would be limited to 50 feet in height if zoned Medium Density Residential. Ms. Clayton reviewed Code regulations, indicating the CDS would have to approve building heights above 50 feet. Representative Harry Cline said the area is totally developed around the Hi & Dry Marina, which has 300 boat slips. The site features no landscaping. He said plans are to construct condominiums within the 50-foot height limits. He said the request is for a slight increase in density. He indicated more than 24 hotel units could be developed on the site. He said traffic associated with the site would be more spread out than currently. He said the proposal is compatible with the neighborhood. He distributed a copy of a letter from Roger Larson, developer of townhouses across the street, supporting the agenda item. Sal Hader, of Hader Devlopment, said the planned development will consist of a very high-quality, 4-story structure and feature 1.9 parking spaces per unit, more than is required by Code. One person spoke against and one person spoke in favor of the proposal. Mr. Cline said the site plan is not being considered tonight. The proposed development will be only 13 feet higher than the current marine storage structure. He said the recommended zoning is appropriate and the environment of the neighborhood and park fits better with residential rather than commercial development. He said 28 boat slips are planned. As required by state law, Long Range Planning Manager Gina Clayton announced anyone interested in receiving a Notice of Intent from the DCA (Department of Community Affairs) for the proposed plan amendment should sign the form provided. In response to a question, Ms. Clayton stated the site would have more traffic if redeveloped for commercial, rather than residential, uses. It was noted the area features many high-rise structures. It was stated the loss of boat storage is not a basis to deny this application. Concern was expressed the development would increase density in a coastal high- hazard area. Planning Director Cyndi Tarapani said the proposed increase is negligible. The allowed density is the same for both High and Medium Density Residential zoning. It was recommended the developer give neighbors assurances that the project will not exceed 50 feet. Commission 2003-0220 9 02-20-03 It was noted insurance premiums have increased so significantly the owner of the Hi & Dry Marina cannot afford to operate the business. It was stated motel development would be more dense. It was felt the courts need to work out issues related to ownership of nearby submerged lands. In response to a question, the City Attorney said property owners have the right to request that their property be rezoned to a higher density. The City Commission then decides whether or not to approve the request. In response to a question, Mr. Cline said he was troubled by the proposal to approve a zoning category not requested. He said staff had recommended the property be rezoned High Density Residential. He could not say at this time if Medium Density Residential zoning would be acceptable. In response to a question, Ms. Clayton said traffic analysis compares highest potentials for each use. It was stated the current structure on this site already blocks the views of residents. Commissioner Jonson moved to deny Item #11. The motion was duly seconded. Commissioners Gray and Jonson voted "Aye"; Commissioners Hamilton and Hibbard and Mayor Aungst voted "Nay." Motion failed. f the C, 202 Windw IslahdEstal Township 29 this site to excee ee , and tha . motion was duly seconded. Commissioners Ha n an I and Mayor Aungst voted. "Aye"; Commissioners Gray and Jonson voted "Nay." Motion carried. presented Ordinance #7088-03 for first reading and read it by title Iton moveCi to pass Ordinance #7088-03011 first reading. The motion roll call, the vote was: "Ayes": Gray, Hamilton, Hibbard, and Aungst. "Nays": Jonson. Motion carried. The City Attorney presented Ordinance #7089-03 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7089-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Hibbard, and Aungst. "Nays": Gray and Jonson. Motion carried. Commission 2003-0220 10 02-20-03 CDB Meeting Date: January 21. 2003 Case No.: LUZ2002-11011 Agenda Item: C-7 FILE COpy fI!l CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: High and Dry Marina Incorporated, a Florida Corporation REPRESENT A TIVE: Harry S. Cline, Esquire LOCATION: 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west ofIsland Way. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Commercial General (CG) to Residential High (RH), and To rezone from the C, Commercial District to the HDR, High Density Residential District. SITE INFORMATION: PROPERTY SIZE: 80,077 square feet or 1.83 acres DIMENSIONS OF SITE: 540 feet by 140 feet. m.o.!. PROPERTY USE: Current Use: Proposed Use: Dry storage marina facility Multi-family residential PLAN CATEGORY: Current Category: Proposed Category: Commercial General (CG) Residential High (RH) ZONING DISTRICT: Current District: Proposed District: C, Commercial HDR, High Density Residential EXISTING SURROUNDING USES: North: Clearwater Harbor South: Multi-family residential East: Multi-family residential West: Marina Staff Report - Community Development Board - January 21,2003 - Case LUZ2002-11011 Page lof9 '" .. ANALYSIS Introduction The 1.83-acre subject site is located at 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. It is occupied by a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential High (RR) category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density allowed by this plan amendment, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN Applicable Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.2.2 Policy - Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. 3.2.2 Policy - Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This site is located in a residential area along the Intracoastal Waterway. This site meets the policy of being located on a minor street and development approval for residential units on this site will not negatively impact hurricane evacuation plans. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential High (RR) category as specified in Section 2.3.3.3.1 of the Countywide Rules is to designate areas of the County that are currently developed, or have the ability to be developed, in a highly intensive residential manner and is consistent with the urban characteristics of the surrounding area. The Residential High (RR) category is generally situated in areas that are within close proximity to urban activity centers; residential in nature; or where the development is consistent with similar high intensity residential uses. Generally, the RR category is designated on property in close proximity to, or immediately adjacent to, an arterial or thoroughfare highway network that is serviced by mass transit. The regulation also Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 2 of9 states that this designation is generally not appropriate for coastal high hazard and evacuation level "A" areas. Island Estates was developed with a range of housing types and allowable densities. There are currently large areas on the island that are currently designated as Residential High (RH) and the proposed amendment is compatible with the surrounding area. Furthermore, the subject site's location east of Clearwater Beach and in close proximity to the Memorial Causeway Bridge provides an expedited link to the nearest evacuation route during a predicted storm. The completion of the new Memorial Causeway Bridge in 2004 will upgrade this evacuation route and upgrade the Causeway level of service from C to B. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on the Intracoastal Waterway in an AE flood zone. It is on an island that currently has high density residential development and is located in close proximity to Memorial Causeway. In 2004, the Level of Service of this evacuation route will be enhanced to a LOS B. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. The proposed amendment could result in a net increase of 11 units or approximately 24 people (see 1. below for additional information on net increase of density in entire CHHA). Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. Not considering that decreased percentage, this increase is still minimal and will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural areas. E. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The subject site does not currently provide public access to the Bay nor will it if the proposed amendment is approved. F. Water Dependent Use. The site is currently occupied by a water related use. The proposal is to remove this use. Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 3 of9 11 j. G. Integral Part of Comprehensive Planning Process. Not applicable. H. Part of Community Redevelopment Plan. This site is not located within the boundaries of a community redevelopment plan area. I. Overall Reduction of Density or Intensity. The maximum permitted density of the subject site is currently 24.0 units per acre, which would permit a maximum of forty-four (44) dwelling units. The proposed amendment would allow 30.0 units per acre for a maximum of fifty-five (55) dwelling units. Approval of this application could yield a net increase of eleven (11) residential units in the CHHA. Consideration should be given to the fact that on December 5, 2002, the Clearwater City Commission approved a Future Land Use Plan amendment for a property across the street to the south (209 - 229 Windward Passage) that reduces permitted density in the CHHA by a total of seven (7) units by redesignating the property from Commercial General (24 units per acre) to Residential Medium (15 units per acre). This amendment is pending approval by the PPC, CPA and the Department of Community Affairs (DCA). If this request is approved, the total density increase in the CHHA, considering both requests, will be by four (4) units. When evaluating this request, consideration should also be given to the fact that the City of Clearwater purchased property to the south of the subject site, adjacent to 209-229 Windward Passage, and constructed Sunset Sam Park. The Future Land Use category of the site is Commercial General and would allow the construction of 9 units. However, since this has become City parkland, these units will not be built and will offset the increase of four units that will result from the proposed amendment. J. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore the clustering uses of a portion of the site outside the CHHA is not possible. While the requested amendment to the Future Land Use Plan category could place a net total of four (4) additional residential dwelling units in the CHHA and subject the site to possible direct storm damage, the decrease in the existing capacity for the maximum potential of traffic generated by the amendment would positively affect the evacuation route of the area. In addition, the removal of a water dependent use from the site may have a negative effect on the overall capacity of vessel storage for the city, however, the current marina use is not compatible use with the surrounding residential development. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD Current uses allowed in the HDR, High Density Residential zoning district include attached dwellings, detached dwellings, community residential homes, nursing homes, places of worship, assisted living facilities, retail sales, schools, overnight accommodations, parking garage and lots, congregate care, parks and recreation facilities and residential infill projects. Staff Report - Community Development Board - January 21,2003 - Case LUZ2002-11011 Page 4 of 9 State Route 60 CorridorlMemorial Causeway The SR 60 corridor connecting the Downtown to Clearwater Beach is characterized primarily by open space, utilitylinfrastructure facilities and parks. The Countywide Future Land Use Plan has designated land along this corridor as Recreation/Open Space (RlOS). The Recreation/Open Space is the only land use plan designation to the north, south, east and west of the corridor. Immediate Surrounding Area The Future Land Use Plan (FLUP) for the immediate surrounding area to the south and west of the subject site is Commercial General (CG). The Residential Medium (RM) plan category extends to the east of the subject property, while Clearwater Harbor borders the property to the north. To the north of the site are several residential fingers, approximately 10.5 acres in area that have a designation of Residential High. The existing surrounding uses include a marina to the east. Multi-family residential dwellings and a park are located to the south, with Clearwater Harbor north. The proposed Future Land Use Plan designation and rezoning are in character with the overall FLUP designations along this block and compatible with surrounding uses. Amending the FLUP to the Residential High category will make all the peninsulas on the western portion of Island Estates consistent as this plan category. As the current use of the high and dry marina storage facility is incompatible with the surrounding residential uses, approval of this request would better assimilate the site with surrounding uses. While a marina facility may be a desired use in the community, the traffic impacts and noise associated by the peak use on Saturdays and Sundays severally conflicts with the residential nature of the surrounding area, while the visual and noise impacts generated by the servicing of vessels at a marina facility also degrades the quality of the surrounding area. In addition, the amount of on-site parking spaces available to accommodate the 306-berth high and dry marina facility can require patrons to utilize on-street parking in the surrounding neighborhood during the most desirable boating days. IV. SUFFICIENCY OF PUBLIC FACILITIES The subject site is approximately 1.838 acres and would allow 44 dwelling units or a 44,034 square foot building, based on a maximum density of 24.0 dwelling units per acre and a FAR of 0.55 in the current Commercial General (CG) Future Land Use Plan category. Based on a maximum permitted density of 30.0 dwelling units per acre under the proposed Residential High (RH) plan category, a maximum of 55 dwelling units could be constructed on this site provided all code requirements are met. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-II 0 11 Page 5 of9 t S Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Tri S3 Volume of Memorial Causewa from Drew/Pierce Street LOS of Memorial Causewa from Drew/Pierce Street N/ A = Not Applicable LOS = Level-of-Service 1 = Based on PPC calculations of 465 trips per acre per day for the Commercial General Future Land Use Category. 2 = Based on PPC calculations of 183 trips per acre per day for the Residential High Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Memorial Causeway segments in the vicinity of this site a level of service (LOS) C. When compared to the maximum development potential of the existing Commercial General (CG) future land use plan category; the Residential High (RH) future land use plan category and the proposed use of application will decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segments level of service. In addition, upon completion of the new Memorial Causeway Bridge in 2004, it is proposed that the Level of Service (LOS) in this vicinity will be enhanced from a LOS C to a LOS B. Specific uses in the current and proposed zoning districts have also been analyzed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Existing Zoning Marina (2.96 Weekday tripslberths) 306 Berths 905 N/A N/A 64 N/A (0.21 PM Peak hr tripslberths) Quality Restaurant 44,034 sq. ft. (89.95 Weekday trips/I 000 sq. ft.) 3960 N/A 3,055 397 333 (9.02 PM Peak hr trips/WOO sq. ft) Government Office Bldg. 44,034 sq. ft. 3035 (68.93 Weekday trips/WOO sq. ft.) N/A 2,130 785 721 (11.03 PM Peak trips/WOO sq. ft) Proposed Zoning Condominiumffownhouse (5.86 Weekday trips/dwelling unit) 55 Units N/A 322 (-583) 29 (-35) (0.54 PM Peak trips/dwelling unit) High Rise Apartment (4.20 Weekday trips/dwelling unit) 55 Units N/A 231 (-674) 22 (-42) (DAD PM Peak trips/dwelling unit) N/A - Not Applicable Source: ITE Tri Generation Manual 6th Ed. 1997 Staff Report - Community Development Board - January 21,2003 - Case LUZ2002-11011 Page 6 of9 Based on the applicant's proposed use of the subject site, the City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in any degradation of the existing LOS to Island Way and/or State Route 60. In fact, the proposed Future Land Use Plan amendment will result in a reduction of potential trips. There will be no impact on the operational efficiency of the signalized intersections of Island Way and State Route 60. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within 1,4 mile of 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 State Route 60. Water The current land use plan designation and zoning district could demand approximately 4,403 gallons of water per day. Under the proposed Residential High land use plan designation and zoning district, water demand could approach approximately 13,750 gallons per day. The proposed amendment could result in a net increase of 9,347 gallons per day. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for water since there is excess capacity. Wastewater The current land use plan designation and zoning district could demand approximately 3,522 gallons of wastewater per day. Under the proposed Residential High land use plan designation and zoning district; wastewater demand could approach approximately 11,000 gallons per day. The proposed amendment could result in a net increase of 7,478 gallons per day. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for wastewater since there is excess capacity. Solid Waste The current land use plan designation and zoning district could result in 118 tons of solid waste per year for a commercial site. Under the proposed Residential High land use plan designation and zoning district; approximately 139 tons of solid waste could be generated per year. The proposed amendment could result in a net increase of 21 tons of solid waste per year. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for solid waste since there is excess capacity. Recreation and Open Space The proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities due to available capacity. It however, will require payment of recreation and open space impact fees due to residential development on vacant land. V. IMPACT ON NATURAL ENVIRONMENT Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11 0 11 Page 7 of9 Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. In addition, any new structures will be required to be constructed above the base flood elevation. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCA TION OF DISTRICT BOUNDARIES The location of the proposed Residential High (RH) boundaries are logical and an appropriate classification between multi-family and park uses to the south, the marina use to the west and the mutli-family uses to the east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS The proposed HDR, High Density Residential District permits a FAR of 0.60 and the existing C, Commercial permits a slightly less intensive FAR of 0.55. The 0.85 ISR of the proposed HDR is considerably less than the existing ISR at 0.95. The site's area at 80,063 square feet exceeds the minimum lot area requirement of 15,000 square feet required by the HDR zoning district for attached dwellings. The parcel is approximately 540 feet in width and exceeds the 150 feet required lot width for attached dwellings in the zoning district. Therefore, the parcel meets the size requirements of the proposed HDR District and the attached dwelling use is permitted in the HDR. 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 this property is consistent with the High Density Residential regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Commercial General (CG) to Residential High (RH) and a rezoning from the C, Commercial District to the HDR, High Density Residential District for the subject property is requested to enable the applicant to develop this site with multi-family dwellings. The neighborhood is surrounded by a marina use to the west; a park and multi-family residential uses to the south; Clearwater Harbor to the north and multi-family residential to the north and east. The proposed residential use will blend into the surrounding neighborhood since this is a primarily residential area. The proposed Residential High (RH) Future Land Use Plan classification and HDR, High Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the Staff Report - Community Development Board - January 21,2003 - Case LUZ2002-11011 Page 8 of9 provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROV AL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 202 Windward Passage from Commercial General (CG) to Residential High (RH), and 2. Amend the zoning district designation of 202 Windward Passage from the C, Commercial District to the lIDR, Hi:~itY Res de~tial District. Prepared by Planning Department Staff: Attachments Application Location Map Aerial Photograph of Site and Vicinity Existing Surrounding Uses Zoning Map Land Use Plan Map Site Photographs S:\Planning Departmen^C D B\Land Use Amendments\LUZ 200Z\LUZ2002-1 1011 High and Dry Marina 202 Windward Passage Rcl\LUZ 2002-11011 High and Dry marina- staffreport.doc Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11 0 11 Page 9 of9 o o AERIAL PHOTOGRAPH Owner. High and Dry Marina. Inc. Case: I LUZ2002-11011 Site: 202 Windward Passgae Property Size 1.83 - Property (Acres): Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG I To: HDR RH A tlas Page: 1 267B p I' e NOT TO SCALE THIS IS NOT A SURVEYI ZONING MAP Owner: High and Dry Marina, Inc. Case: LUZ2002- 11011 Site: 202 Windward Passgae Property Size 1 .83 - Property (Acres): Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B R RH INS RM e NOT TO SCALWA TER THIS IS NOT A SURVEYI FUTURE LAND USE MAP Owner: High and Dry Marina, Inc Case: LUZ2002-11 011 Site: 202 Windward passgae Property Size 1.83 (Acres): Zonin Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B LOCATION MAP Owner: High and Dry Marina, Inc. Case: LUZ2002-11 011 Site: 202 Windward Passgae Property Size (Acres): 1 .83 - Property 0.70 - Submerged Land Zoning Land Use PIN: 08/29/15/43380/004/0090 From: To: C HDR CG RH Atlas Page: 267B "~~" ~ ~ ~ "1i': " View looking east View looking south Site view from the south - View looking west View looking north Site view from the north High and Dry Marina, Ine LUZ2002-11011 202 Windward Passage r- ):. JJ OJ o ):. JJ o ~ Institutiona{ ~ fa .Jvlu{tijam' 'Resiaentia{ NOT TO SCALE THIS IS NOT A SURVEYI Ol EXISTING SURROUNDING USES Owner: High and Dry Marina, Inc. Case: LUZ2002-11 011 Site: 202 Windward Passgae Property Size 1 .83 - Property (Acres) : Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B f,~JTrr,,, . .fel.':' ~LOF TNlR.. ~._\ ~b..u--c;7~ ....~.".l -~"~~'.1~ ,.,~~~ \ I ~~.-.. ~C0;3~"~--{~Ir:.1l ~ ~ '" ~..I ~~- - -~. '51:...... ~r::~ ::-- . ~~ ~),;:--=- ~~. ,..r..6,,:~ .A' ~1 ""';rl,i;~4Crn,..t~... '+~1JJl\,~.1 CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 CI1Y HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4040 FAX (727) 562-4052 CI1Y MANAGER February 19, 2003 Mr. David P. Healey, AICP Executi ve Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2002-11011- Application to Amend the Countywide Future Land Use Plan Dear Mr. Healey: The City of Clearwater requests an amendment to the Countywide Future Land Use Plan for 1.838 acres of land located 202 Windward Passage from Commercial General (CG) to Residential High (RH). This amendment was passed on first reading at the February 20, 2003 City Commission meeting. Attached please find all of the required information for this request. We would request that this application to amend the Future Land Use Plan category from CG to RH be reviewed by the PAC, PPC and CPA after the application for Future Land Use Plan amendment associated with the adjacent property at 209-229 Windward Passage (LUZ2002-09010). We request this agenda placement as this application will increase the maximum permitted density from 24 dwelling units per acre to 30 dwelling units per and the application for Future Land Use Plan amendment at 209-229 Windward Passage will decrease the pennitted density from 24 dwelling units per acre to 15 dwelling units per acre. It is the Planning Department's opinion that to properly assess the impacts on the surrounding neighborhood due to the requested changes in density this application should be reviewed after LUZ2002-0901O. If you need any additional information, please contact me at 727-562-4553. Sincerely, f1j.h- Planner BRIAN J. AUNGST, MAYOR-COMMISSIONER S:\PlanninWlYlP'J?tJtJJMc 'fJIJ:J&{Pfr.l?tMMl?aJRJ'JItkuz 200MUZ2002-11 0 1 IWtlhIJMtjbf9fJvJft?~~Wl1lbward Passage 'PRANK HIBBARD, COM~~'transmittalltr Lu9-11011 202 WindwaJ?Jlf>sIp.uaPN, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" I I I k-~ ! ~, L NOT_TD&, ---~- t 202 Windward Passa 'LUZ2002-11011 cfearwater :}{ar6or ~ ~ 'J I ., , Ii I , III 13 ... t I "' Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # Meeting Date: 2-20-03 SUBJECT/RECOMMENDATION: APPROVE a Land Use Plan Amendment from Commercial General (CG) to Residential High (RH), and a Zoning Atlas Amendment from the C, Commercial District to the HDR, High Density Residential District for property located at 202 Windward Passage (A portion of Lot 9 and all of Lots 10, 11, 12, and 13, Block D, Unit 5, Island Estates of Clearwater, Together with a portion of Vacated Dory Passage, in Section 09, Township 29 South, Range 15 East), and PASS Ordinances #7088-03 and #7089-03 on first reading. [8] and that the appropriate officials be authorized to execute same. (LUZ 2002-11011) SUMMARY: This site is located on the north side of Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. The subject site is approximately 1.83 acres in area and is currently developed with a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential High (RH) category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. 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 potential range of uses and the current use are compatible with the surrounding area. . Sufficient public facilities are available to serve the property. . The applications will not have an adverse impact on the natural environment. Please refer to the attached land use plan and rezoning (LUZ2002-11011) report for the complete staff analysis. '" LUZ2002-11011 20. indward Passage, High and Dry Marina, Ine Page 2 In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the density of the plan amendment site, review and approval by Florida Department of Community Affairs is required. The Community Development Board reviewed this application at its January 21, 2003 meeting and unanimously recommended approval. S:\Planning Department\C D H\Land Use Amendments\LUZ 2002\LUZ2002-11 011 High and Dry Marina 202 Windward Passage Rd\CC LUZ2002-11 0 11- 202 2 Windward Passage. doc CDB Meeting Date: January 21. 2003 Case No.: LUZ2002-11011 Agenda Item: C-7 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: High and Dry Marina Incorporated, a Florida Corporation REPRESENTATIVE: Harry S. Cline, Esquire LOCATION: 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Commercial General (CG) to Residential High (RH), and SITE INFORMATION: PROPERTY SIZE: DIMENSIONS OF SITE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: To rezone from the C, Commercial District to the HDR, High Density Residential District. 80,077 square feet or 1.83 acres 540 feet by 140 feet. m.o.I. Dry storage marina facility Multi-family residential Commercial General (CG) Residential High (RH) C, Commercial HDR, High Density Residential North: Clearwater Harbor South: Multi-family residential East: Multi-family residential West: Marina Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page lof9 '" ANALYSIS Introduction The 1.83-acre subject site is located at 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. It is occupied by a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CO) category to the Residential High (RR) category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density allowed by this plan amendment, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN Applicable Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.2.2 Policy - Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. 3.2.2 Policy - Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This site is located in a residential area along the Intracoastal Waterway. This site meets the policy of being located on a minor street and development approval for residential units on this site will not negatively impact hurricane evacuation plans. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential High (RR) category as specified in Section 2.3.3.3.1 of the Countywide Rules is to designate areas of the County that are currently developed, or have the ability to be developed, in a highly intensive residential manner and is consistent with the urban characteristics of the surrounding area. The Residential High (RR) category is generally situated in areas that are within close proximity to urban activity centers; residential in nature; or where the development is consistent with similar high intensity residential uses. Generally, the RR category is designated on property in close proximity to, or immediately adjacent to, an arterial or thoroughfare highway network that is serviced by mass transit. The regulation also Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 2 of9 states that this designation is generally not appropriate for coastal high hazard and evacuation level "A" areas. Island Estates was developed with a range of housing types and allowable densities. There are currently large areas on the island that are currently designated as Residential High (RH) and the proposed amendment is compatible with the surrounding area. Furthermore, the subject site's location east of Clearwater Beach and in close proximity to the Memorial Causeway Bridge provides an expedited link to the nearest evacuation route during a predicted storm. The completion of the new Memorial Causeway Bridge in 2004 will upgrade this evacuation route and upgrade the Causeway level of service from C to B. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on the Intracoastal Waterway in an AE flood zone. It is on an island that currently has high density residential development and is located in close proximity to Memorial Causeway. In 2004, the Level of Service of this evacuation route will be enhanced to a LOS B. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. The proposed amendment could result in a net increase of 11 units or approximately 24 people (see I. below for additional information on net increase of density in entire CHHA). Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. Not considering that decreased percentage, this increase is still minimal and will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural areas. E. Maintenance of Scenic Qualities and Improvement of Public Access to Water. The subject site does not currently provide public access to the Bay nor will it if the proposed amendment is approved. F. Water Dependent Use. The site is currently occupied by a water related use. The proposal is to remove this use. Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 3 of9 G. Integral Part of Comprehensive Planning Process. Not applicable. H. Part of Community Redevelopment Plan. This site is not located within the boundaries of a community redevelopment plan area. I. Overall Reduction of Density or Intensity. The maximum permitted density of the subject site is currently 24.0 units per acre, which would permit a maximum of forty-four (44) dwelling units. The proposed amendment would allow 30.0 units per acre for a maximum of fifty-five (55) dwelling units. Approval of this application could yield a net increase of eleven (11) residential units in the CllliA. Consideration should be given to the fact that on December 5, 2002, the Clearwater City Commission approved a Future Land Use Plan amendment for a property across the street to the south (209 - 229 Windward Passage) that reduces permitted density in the CHHA by a total of seven (7) units by redesignating the property from Commercial General (24 units per acre) to Residential Medium (15 units per acre). This amendment is pending approval by the PPC, CPA and the Department of Community Affairs (DCA). If this request is approved, the total density increase in the CHHA, considering both requests, will be by four (4) units. When evaluating this request, consideration should also be given to the fact that the City of Clearwater purchased property to the south of the subject site, adjacent to 209-229 Windward Passage, and constructed Sunset Sam Park. The Future Land Use category of the site is Commercial General and would allow the construction of 9 units. However, since this has become City parkland, these units will not be built and will offset the increase of four units that will result from the proposed amendment. J. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore the clustering uses of a portion of the site outside the CllliA is not possible. While the requested amendment to the Future Land Use Plan category could place a net total of four (4) additional residential dwelling units in the CllliA and subject the site to possible direct storm damage, the decrease in the existing capacity for the maximum potential of traffic generated by the amendment would positively affect the evacuation route of the area. In addition, the removal of a water dependent use from the site may have a negative effect on the overall capacity of vessel storage for the city, however, the current marina use is not compatible use with the surrounding residential development. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD Current uses allowed in the HDR, High Density Residential zoning district include attached dwellings, detached dwellings, community residential homes, nursing homes, places of worship, assisted living facilities, retail sales, schools, overnight accommodations, parking garage and lots, congregate care, parks and recreation facilities and residential infill projects. Staff Report - Community Development Board - January 21,2003 - Case LUZ2002-11011 Page 4 of 9 State Route 60 CorridorlMemorial Causeway The SR 60 corridor connecting the Downtown to Clearwater Beach is characterized primarily by open space, utility/infrastructure facilities and parks. The Countywide Future Land Use Plan has designated land along this corridor as Recreation/Open Space (RlOS). The Recreation/Open Space is the only land use plan designation to the north, south, east and west of the corridor. Immediate Surrounding Area The Future Land Use Plan (FLUP) for the immediate surrounding area to the south and west of the subject site is Commercial General (CG). The Residential Medium (RM) plan category extends to the east of the subject property, while Clearwater Harbor borders the property to the north. To the north of the site are several residential fingers, approximately 10.5 acres in area that have a designation of Residential High. The existing surrounding uses include a marina to the east. Multi-family residential dwellings and a park are located to the south, with Clearwater Harbor north. The proposed Future Land Use Plan designation and rezoning are in character with the overall FLUP designations along this block and compatible with surrounding uses. Amending the FLUP to the Residential High category will make all the peninsulas on the western portion of Island Estates consistent as this plan category. As the current use of the high and dry marina storage facility is incompatible with the surrounding residential uses, approval of this request would better assimilate the site with surrounding uses. While a marina facility may be a desired use in the community, the traffic impacts and noise associated by the peak use on Saturdays and Sundays severally conflicts with the residential nature of the surrounding area, while the visual and noise impacts generated by the servicing of vessels at a marina facility also degrades the quality of the surrounding area. In addition, the amount of on-site parking spaces available to accommodate the 306-berth high and dry marina facility can require patrons to utilize on-street parking in the surrounding neighborhood during the most desirable boating days. IV. SUFFICIENCY OF PUBLIC FACILITIES The subject site is approximately 1.838 acres and would allow 44 dwelling units or a 44,034 square foot building, based on a maximum density of 24.0 dwelling units per acre and a FAR of 0.55 in the current Commercial General (CG) Future Land Use Plan category. Based on a maximum permitted density of 30.0 dwelling units per acre under the proposed Residential High (RH) plan category, a maximum of 55 dwelling units could be constructed on this site provided all code requirements are met. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 5 of 9 Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Tri S3 Volume of Memorial Causewa from DrewlPierce Street LOS of Memorial Causewa from DrewlPierce Street N/ A = Not Applicable LOS = Level-of-Service 1 = Based on PPC calculations of 465 trips per acre per day for the Commercial General Future Land Use Category. 2 = Based on PPC calculations of 183 trips per acre per day for the Residential High Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" o/the Countywide Future Land Use Plan The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Memorial Causeway segments in the vicinity of this site a level of service (LOS) C. When compared to the maximum development potential of the existing Commercial General (CG) future land use plan category; the Residential High (RR) future land use plan category and the proposed use of application will decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segments level of service. In addition, upon completion of the new Memorial Causeway Bridge in 2004, it is proposed that the Level of Service (LOS) in this vicinity will be enhanced from a LOS C to a LOS B. 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. N/A 64 N/A 3,055 397 333 2,130 785 721 ( -583) 29 (- 35) High Rise Apartment (4.20 Weekday trips/dwelling unit) 55 Units (0.40 PM Peak trips/dwelling unit) N/A - Not Applicable Source: ITE Tri Generation Manual 6th Ed. 1997 N/A 231 (-674) 22 (-42) Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 6 of9 Based on the applicant's proposed use of the subject site, the City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in any degradation of the existing LOS to Island Way and/or State Route 60. In fact, the proposed Future Land Use Plan amendment will result in a reduction of potential trips. There will be no impact on the operational efficiency of the signalized intersections of Island Way and State Route 60. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within v.a mile of 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 State Route 60. Water The current land use plan designation and zoning district could demand approximately 4,403 gallons of water per day. Under the proposed Residential High land use plan designation and zoning district, water demand could approach approximately 13,750 gallons per day. The proposed amendment could result in a net increase of 9,347 gallons per day. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for water since there is excess capacity. Wastewater The current land use plan designation and zoning district could demand approximately 3,522 gallons of wastewater per day. Under the proposed Residential High land use plan designation and zoning district; wastewater demand could approach approximately 11,000 gallons per day. The proposed amendment could result in a net increase of 7,478 gallons per day. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for wastewater since there is excess capacity. Solid Waste The current land use plan designation and zoning district could result in 118 tons of solid waste per year for a commercial site. Under the proposed Residential High land use plan designation and zoning district; approximately 139 tons of solid waste could be generated per year. The proposed amendment could result in a net increase of 21 tons of solid waste per year. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for solid waste since there is excess capacity. Recreation and Open Space The proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities due to available capacity. It however, will require payment of recreation and open space impact fees due to residential development on vacant land. v. IMPACT ON NATURAL ENVIRONMENT Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 7 of9 Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. In addition, any new structures will be required to be constructed above the base flood elevation. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCATION OF DISTRICT BOUNDARIES The location of the proposed Residential High (RR) boundaries are logical and an appropriate classification between multi-family and park uses to the south, the marina use to the west and the mutli-family uses to the east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS The proposed HDR, High Density Residential District permits a FAR of 0.60 and the existing C, Commercial permits a slightly less intensive FAR of 0.55. The 0.85 ISR of the proposed HDR is considerably less than the existing ISR at 0.95. The site's area at 80,063 square feet exceeds the minimum lot area requirement of 15,000 square feet required by the HDR zoning district for attached dwellings. The parcel is approximately 540 feet in width and exceeds the 150 feet required lot width for attached dwellings in the zoning district. Therefore, the parcel meets the size requirements of the proposed HDR District and the attached dwelling use is permitted in the HDR. 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 this property is consistent with the High Density Residential regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Commercial General (CG) to Residential High (RH) and a rezoning from the C, Commercial District to the HDR, High Density Residential District for the subject property is requested to enable the applicant to develop this site with multi-family dwellings. The neighborhood is surrounded by a marina use to the west; a park and multi-family residential uses to the south; Clearwater Harbor to the north and multi-family residential to the north and east. The proposed residential use will blend into the surrounding neighborhood since this is a primarily residential area. The proposed Residential High (RH) Future Land Use Plan classification and HDR, High Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the Staff Report - Community Development Board - January 21,2003 - Case LUZ2002-11011 Page 8of9 provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 202 Windward Passage from Commercial General (CG) to Residential High (RH), and 2. Amend the zoning district designation of 202 Windward Passage from the C, Commercial District to the HDR, lli~itY Res' de~tia1 District. Prepared by Planning Department Staff: Attachments Application Location Map Aerial Photograph of Site and Vicinity Existing Surrounding Uses Zoning Map Land Use Plan Map Site Photographs S:\Planning Departmenf\C D B\Land Use Amendments\LUZ 200UUZ2002-1 1011 High and Dry Marina 202 Windward Passage RcN...UZ 2002 -11011 High and Dry marina- staff report. doc Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 9 of9 ORDINANCE NO. 7088-03 .. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's'comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use CateQorv See attached legal description From: Commercial General (CG) (LUZ2002-11 011) To: Residential High (RH) 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 9163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the CountyWide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING Ordinance No. 7088-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7088-03 _GAL DE:SCRIPTlON UPLANDS; - A PORTION OF lOT 9 AND AU. OF lOTS 10, 11, 12, AND 13, BLOCK.o, UNIT 5, ISLANDESTAlESOF .CLEARWATER, TOGETHER WITH A PORTION OF VACAlED DORY PASSAGE. ASRECORDEDJN :PLAT ~BOOK 51; PAGE" 34, puauc RECORDS OF PINEllAS COUNTY, .FLDRID~'::BE1N~ MO~EFULL y 'DESCRIBE~~r -AS F!?,lLOWS: BEGlNNJNG'ATTHE- SOU1HEAST 'CORNER OF SAID LOT 12; THENCE 'N49~3'4'''W AlONGJHE 'NORTHERlY Rl.GHT~OF~WAY"UNE ()f"'WlNDWARD PASSAGE, A.DISTANCE OF 32o.oo:fEET TO '1.HE_POfNTOF. 'CURVAJURE OJ:'.A CURVE TO THE.'RIGHT; ';)"HENCE ALONG '~SAJD cURVE. ;HAVlNG'~:.RADIUS,o Of 5();.OO F.EET~.:CHORD .31:..62 'FEET 'BEARING N30~57'41"W, oA DISTANCE Of"'32.17 'fnT<TO~..A POJNTOF REVERSE 'CURVE~' 'THENCE ALONG A CURVE TO.. THE:.LEFT -f1AVfNG:A :RADIUS. OF-50.00 FEE:T-. 'CHORD OF 73.14 FEET BEARING ' . N59:31'2D'W.k,DISTANCE -QF'-82.03.'FEET; . '~NCE, .:L.t4:VJN.G SAID L1NE,..N.1S~l'22"W A :DJSTANCE'OF"1.~O.nO'.FEE.J. TO,:JHE POINT OF~CURVA1U~ OF 'ANON~TANGENT CURVE; . THENCE~-;AlONG .'SAlD 'CURVE:.:rO'~ 'THE -RIGHT 'HAVlNC '~A ~}\QjUSOFl7--O.QO>FEET, A CHORD OFl;3~'S7o;FEE.TBEAR!NG S~~3l*!~':~A ..bfSTANCE~':<1:69.50 FEET..TO.'A POINT OF . - T ANGENCY;i.'~.,:1HENCE;:: S49~S~1~~:', A ~J:}lST ANCE' 'OF.:. 180~DO FEET 'TO 1H~' POINT-CURVATURE ,'-OF :A,'.ctSR~~1Gr'iHELEfT::"1HENCE..:,;At:ON'G ''SAJD CURVE. HAVlNC A-RAOJUS..OF 70.00 FEET, A 'CHORD;"nF.,7.4.B4,FEEr ,BEARING. 'S81:'4~22~. -A D'SJ:~NCE-OF. 78;-95 :FEET. TO A POINT.. - 'SAID: PotNT.-8BNQ. l'tJE:. SOOTHWESTE;RLY~CORNER,OF ~PHA'SE""V MLLAGE'. ON' ISlA~~O .:ESTA TES, ASRECOROED-:.tN~PLAr-BOO'C'=556' PA~ - 12, PU8UC'RECORDS"OF PINlliA$COUNTY, FLORIDA; . . 'lHENCE..ALONG':n;e"SOUlHERLY 'UNEOF SAID,VlllAGE;-ON :ISlAND ESTA 1ES, THE FOLLOWING THREE:!3) :C.Ol!RsES ,: ::." -- :-- . . 1~ S49:z3'41~i<A DISTANcE .QF,.1'3'S:76,.FEET;' '_ 2.S08'2'32~ A DlSTANCE'OF 81.0SFEET; 'AND _ ' 3. 'SmS'l9.W. A DISTANCE' -OF ,1 06:62r.t.f:. T TO A - POIN7r ON "THE NORTHERLY RIGHT-:-OF.;.:.wAY.LlNE OF TIiE AFOREMENTIONED :Vr1NDWARD PASSAGE; , . "THENCE' ALONe- SAJD"ONE N49~4'09.'~ A 'DfSTANCE OF ,01.00. FEET: THENCE S40?S'l~.;~.,\ A D'~~CE rn: 20iOO FEt:.i TO !HE POINT OF BEGINNING. CONTAINING 1.838 ACRES OR 80,078 SQUARE FEET MORE OR LESS. ALSO, SUBMERGED LANDS: - THOSE SUBMERGED LANDS LYING NORTHWESTERLY OF PHASE IV, VILLAGE ON ISlAND ESTATES, AS DESCRI8ED IN .O.R. BOOK 5885, PAGE 2178. PUBLIC RECORDS OF PINELLAS COUNTY, flORID AND AS SHOWN HEREON. -- ;, " :3 .a iJ EXHIBIT /J /1 " /~ . I RH :'" ..: ~ '" 'INSd RM e NOT TO SCAW A TE R THIS IS NOT A SURVEYI FUTURE LAND USE MAP Owner: High and Dry Marina, Inc Case: LUZ2002- 11011 Site: 202 Windward passgae Property Size 1.83 (Acres) : Land Use PIN: 08/29/15/43380/004/0090 From: CG To: HDR RH Atlas Page: 267B R , ORDINANCE NO.7089-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL (C) TO HIGH DENSITY RESIDENTIAL (HDR); 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 attached legal description Zonina District From: Commercial (C) (LUZ2002-11011) To: High Density Residential (HDR) 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 7088-03 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Leslie K. Dougall-Si e Assistant City Attor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7089-03 _GAL DE:SCRIPTJON UPLANDS: - A PORTION OF lOT 9 AND AU. OF LOiS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTAlESOF ,CLEARWATER, TOGETHER WITH A PORTION OF VACAlED DORY PASSAGE. ASRECORDEDJN :PLAT ~800K51; PAGE" 34, PUBUC RECORDS OF PINELLAS COUNTY, .FLORIDA,'::BE1N~ MO~EFULl y 'OESCRIBE?ASH?tLOWS: BEGINNiNG' AT'1'HE- SOUlHEAST-CORNER OF SAID LOT 12; THENCE 'N49~3'41"W ALONGlHE 'NORTHERLY R1GHT~OF,....WAYnLrNE OF WlNDWARD PASSAGE, A..DISTANCE OF 32D.OO.:fEET TO . "THE. POINT OF 'CURVA1URE OF:",A CURVE TO :THE.RIGHT; '=THENCE ALONG ~SAID CURVE, ;HAVlNG'~A:RAD'US,. OF.' 5ffi.00 ~F.EET;.:CHORO 31;.62 'FEET BEARING N30~57'41"W, "A DISTANCE OF'32.17fEET:'TO~..A 'POINT OF REVERSECURVE-;' THENCE ALONG A CURVE TOn THE:lEFTHAVlNG:A ::RAD1US OF-50.00FEET..' :CHORD OF 73.14 FEET BEAR1NG . . N59~:1"2D'W, A"DISTANCfOF'-82.03':FEET; . '~N.CE, . LEA VI N.G SAID L1~.,Nl.6"3r'22"W A :DISTANCEOF"'20.DO'.FEET TO.~JHE POINT QF,.CURVA1lJRE OFA NON-TANGENT CURVE; .1HENCE"';AUJNG:sAlO 'CURVE':::rO~ 1HE .RIGHT 'HAVING '.A ltJ\OJUSOF.1700.00:'FEET. A CHORD OF lS2:,'S7,'FEE.TEEARtNG Slj~7~3j.~E;:)\ ,btSTANCEDF:'::'1S9..50 FEET.TO.A POl NT OF TANGENCY;/....THENCE;:~S49-Z:r.~1~E....:.(-;f}lSIANCE':OF. 180~OO fEET TO THE POlNTCURVATURE . .Of :'A.'-CURVEq1a,.THELEfT; :":rHENCE..:"AtONG'SAJD CURVE, HAVlNC ,ARAOJUS"..OF 70.00 FEET, .. A 'CHaRo':OF:'7.4M:FEEJ -BEARfNG. 'S81~4~22~. A OI~o\'NCE-OF. 78;-9.6 :f'EET- TO A POINT,. . SAID '.POINT:-BBNG THE SOt:JTHWESTERLY::~COR"'JERDF-PHASE'fV VILLAGE', ON ISLAt~D:e:STA TES, ASRECOROED,:,fI~:pL)d'-BOOK':'~5.' PA~.12, PUBUC',RECQROS cQf FfNEUASCOUNTY, FlORIDA; 'THENCE..,ALONG':"1HE"SOUiHERLY .UNEOf SAID,VlLLAGE:ON :/SlAND ESTATES, THE FOLLOYnNG 1HREE;f~), .S.ou.~.~S:::," ,. ." . . L S49~'41~E.-:"ADlSiANCE .QF..13S:76, FEET; . 2. SOa12'32-r. A DISTANCE'OF 81.05'FEET;'AND . 3. . S4ci3S'l9.W, A DISTANCE' --oF .106:52 H:.t. T TO A - POINJ" ON THE NORTHERLY RIGHT-:-OF~WA,( .UNEOF THE AFOREMENllONED :W1NDWARD PASSAGE; THENCE. ALoNe- SAID'ONE N49~4'09.'Y{o A DfSTANCEOF61.00. FEET; TrlENCE S40~6'1~.~;: A D'~~CE ~ 20iOO FEt.i TO THE POINT OF BEGINNING. CONTAINING 1.838 ACRES OR 80,078 SQUARE FEET MORE OR LESS. ALSO, SUBMERGED LANDS: . THOSE SUBMERGED LANDS L YlNG NORTHWESTERLY OF PHASE IV, VIllAGE ON ISlAND ESTATES, AS DESCRIBED IN .O.R. BOOK 5885, PAGE 2178, PUBLIC RECORDS OF PINELLAS COUNTY, flORIO, AND AS SHOYm HEREON. -- EXHIBIT .lJ /1 " ,~ ./ J ;. t" -~ t\I '. :0 , ,;) ., ;3 " p /: e NOT TO SCALE THIS IS NOT A SURVEYI ZONING MAP Owner: High and Dry Marina, Inc. Case: LUZ2002- 11011 Site: 202 Windward Passgae Property Size 1 .83 - Property (Acres): Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 2678 COLOR AERIAL Owner: High and Dry Marina, Inc. Case: LUZ2002-11 0 11 Site: 202 Windward Passgae Property Size 1.83 - Property (Acres): Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B -. Institutiona{ e :Jvluftijam' Resiaentia{ HOT TO SCALE THIS IS NOT A SURVEY! Ol EXISTING SURROUNDING USES Owner: High and Dry Marina, Inc. Case: LUZ2002- 11011 Site: 202 Windward Passgae Property Size 1.83 - Property (Acres) : Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B View looking west View looking east View looking north View looking south Site view from the south Site view from the north High and Dry Marina, Ine LUZ2002-11011 202 Windward Passage ill LL City of Clearwater Planning Department 100 S. Myrtle Ave., 2nd Floor Clearwater, FL 33756 Telephone: (727) 562-4567 Fax: (727) 562-4865 o >- f- u Fax Cover Sheet To: Mr. Harry Cline Fax: 442-8470 Phone: 441-8966 From: Marc Mariano Date: 11-27-02 Subrnect Revised schedule of meetings. Message: Harry - Besides the DCA schedule we will also need to discuss the following issues: 1) Sunset Sam Park; 2) Amending the High and Dry's dock permits from commercial to residential once the LUZ is complete; and 3) An agreed upon date as to when the commercial use vessels will need to be removed from the properties docks. Number of Pages including this page 2 l/ loNG RANGE PIANNING DEVELOPMENT REvrEW CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 27,2002 Mr. Harry S. Cline, Esquire P.O. Box 1669 Clearwater, Florida 33757 Dear Mr. Cline: The following is a revised list of the schedule of meetings required for land use and zoning amendment (LUZ2002-11011) application submitted on Thursday November 21,2002. Please note that this is an updated list from the November 26, 2002 letter sent to your office. Again, attendance is required at all of the meetings. 12/12/02 1/23/03 2/20/03 3/19/03 4/1/03 Development Review Committee, time to be detennined; in the Municipal Services Building at 100 S. Myrtle Avenue, 2nd Floor Community Devel<3'ment Board, meeting starts at 2:00 p.m in the City Commission Chambers on the 3 Floor of City Hall at 112 S. Osceola Avenue City Commission (first reading), meeting starts at 6:00 p.m in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue Pinellas Planning Council, meeting starts at 9:00 am 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 3:00 p.m. in the Board of County Commissioners Assembly Room on the 5th Floor of the Pinellas County Courthouse at 315 Court Street. City Commission (second reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue Please note that a scheduled submittal date has yet to be established for review by the Department of Community Affairs (DCA). I will notify you as soon as this date becomes available. TBD In the event of any adjustment to this schedule, I will inform you immediately. If you have any questions, please contact me at (727) 562-4553 Sincerely, ;1MAAiL- Marc A. Mariano Planner BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY COMMISSIONER S:\Planning ~'POO'<<I(TM(9~llndments\LUZ 200&UZ2002-1lO11 High ffifiq~i~~:~J1U~iB~WRrd Passage RdlaoolicatiOlWedule Itr.doc ' "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" NIIIJ-2}~-2002 15: 15 " . MacFarlane Ferguson=lw P.01/02 (7;(.7) 44 L-S9GiO h~ ~--;:- ~ c.. . l!:!!:!J ---'. ~ cr ~~ S!l fLlJ~ I::::J ~ I~~ a::cr fLn n -, LlJ"t: L::.::j ~ ! v) I.lJ I- -.J ! @E) ~ /~~: '~ ~ !~~! 101-1 .:'~_~ J~Oi :'---- LJ..: f '...-.'.----.;: Q i ~..........._._., IDcCFARLANE FERGt'SON &: McMULLEN ATTORNB~S ~ co~e~LORS ~T LAW l~t8XTait s~t ~~ilding 625 Cou~t St~..t, Sui~8 200 POST OFFICE lG61 (z~p 33757) CLKAKWAT~R, PIOR~n~ 33155 PRIVILEGED MATERIAL FAX TRANSM1TTAL FORM DATE: November 21, 2002 NUMBER OF PAGES: (Including cover page) /- ATTENTION: MARC A. MARIANO I Pi:.JANNER FIRM NAME: CITY OF CLEARWATER FAX NO. 562-4576 TELEPHONE NO.: 562-4553 FROM: HARRY S. CLINE FAX NO. : (727) 442-8470 ADDITIONAL COMMENTS: IF YOU EXPERIENCE PROBLEMS IN RECEIVING, PLEASE CALL OUR OFFI(~E AT (727) 441-8966 THE INFORMATION CONTAINED IN THIS FACSI~ILE MESSAGE IS ArTO~~EY-CLIENT PRIVILEG~~ AN~ CONflOENTIAL INFO~~TION INTE~TIED ONLY FOR THE USE OF T~E ADDRESSEE. IF THE READER OF THIS MESSAGe IS NOT THE INTENDED RECIPIENT, COMMUNICATION OF :'!HS MATERIAL I; STRICTLY PROHIBITED. If YOU HAVE RECEl:VED TIns COl'll'11JNICATION IN ERROR, PLE.~SE IMMEDIATELY NOTIFY US BY TELEPHI)NE (COI,LECT If KECESSAFY) AND RETURN THE OJUQIN"L ME!;l!;lAGE TO US AT THE ABOVE ADDRESS VIA THE U.S, POSTAL SEKrICE, THANK YOU, NIIIJ-2~-2002 16: 15 , MacFC'r 1 ane Ferguson ,= 1 w P.02/02 MACFAIlLANE FERGUSON & McMuLLEN ATTORNEYS AND CC UNSI1::LORs AT I..AW GOO SOuT!'! F'LORIOA AVENUE SUitE 240 LAHfi:('ANCl. I""OAIDA aaBOf 1863' eS0-9ltQe P...lI: (80.3' 68<1.i!B04a 0400 NORTH,. .....P... !l rAEf;T. SUITf; 2:300 P.O. BOX 11!!I31 (ZIP 33801) TAMP.... FLOl'IDA 33602 (813) <:73.4200 F' X (Bla) 27<1-043&e e.2G eOU"'T $TFlEE:T ".0. lOll: Ie" (ZIP 33.,0') CLEAINIATf;A. F('OAIClA '3~l!!Ie (7271 "4f~_ FAX (727) 442-8470 No\'emb,~r 21, 2002 IN At~L'r REI'"f:R 1'0. Post Office Box 1669 Clcarwarer, FL 33757 Mr. Marc A. \1ariano, Phumer City of Clearnrater Post Office Box 4748 Clearwater, FL 33757-4748 VIA FAX # 562-4576 Re: Application of High and Dry Marina /202 Windward Passage Requested change from Commercial to High Density Residential Dear Marc: Thank you for mee:ing with us incident to filing the referenced application. When you get a moment would you please e-mail or fax me a projected time line for all of our hearings, through the Board of County Commissioners sitting as the Countywide Planning Agency and DCAlState approval. Also, per our discussions while we were there, I believe our anticipated net increase in density, over what is currently allowed in the commercial zone, is approximately eight (8) units. We would like to be able to show the PPC that even though we are seeking eight (8) additional units on our site, from an overall standpoint this represents no change to the area. We understand that the property across the street if: being rezoned from Commercial to Medium Density Residential, and I would appreciate it if YOJ could confirm to IT e the name of that project, the case number, the acreage and your calculatic,ns as to the net densi:y reduction as a result of that downzoning. As always, thank YC1U for your assistance and I shall look f01W'ard to hearing back fi-om you regarding the above. HSC:koh cc: High and Dry Marilla, Inc. Mr. Steve Gerlach Sincerely yOU~ ~ /ItlJL ~ TOTAL P. 02 CITY OF CLEARWATER LoNG RANGE PlANNING DEVELOPMENT REviEW PIANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 26, 2002 Mr. Harry S. Cline, Esquire P.O. Box 1669 Clearwater, Florida 33757 Dear Mr. Cline: Thank you for submitting a complete application for Zoning and Land Use Amendment approval (LUZ2002-110 11) from the City of Clearwater. The following schedule has been established for the review of your application by various City boards. These meetings are necessary in order to process your request appropriately. Your attendance at all of them is required. 12/12/02 Development Review Committee, time to be determined; in the Municipal Services Building at 100 S. Myrtle Avenue, 2nd Floor 1/23/03 Community Development Board, meeting starts at 2:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue 2/20/03 City Commission (first reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue TBD City Commission (second readi~), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3 Floor of City Hall at 112 S. Osceola Avenue Please note that a schedule of meeting and submittal dates has yet to be established for review by the Planners Advisory Committee (PAC), Pinellas Planning Council (PPC), Countywide Planning Authority (CPA) and Department of Community Affairs (DCA). I will notify you as soon as these meeting dates become available. In the event of any adjustment to this schedule, I will inform you immediately. If you have any questions, please contact me at (727) 562-4553 "'~ Marc A. Mariano Planner BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNffc GRAY COMMISSJON R S:\Planninga~tt~!t!!o!Rf.{MJj~f!ffndments\LUZ 20~UZ2002-11011 HigJi..4na ryMa'rilla LUL win'ffward Passage , RdlauulicatiofiB"edule Itr.doc tlILL ONSON, LOMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" CITY OF CLEARWATER loNG RANGE PIANNING DEVELOPMENT REvIEW PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTII MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 26, 2002 Mr. Harry S. Cline, Esquire P.O. Box 1669 Clearwater, Florida 33757 RE: Application for Zoning and Land Use Amendment approval (LUZ2002-11011) to rezone one (1) land parcel totaling 1.83 acres, at 202 Windward Passage, from the Commercial (C) District to the High Density Residential (HDR) District, as well as amending the land use from the Commercial General (CG) Category to the Residential High (RH) Category. Dear Mr. Cline: The Planning Department has reviewed your application for Zoning and Land Use Amendment approval (LUZ2002- 11011) to rezone one (1) land parcel totaling 1.83 acres, at 202 Windward Passage, from the Commercial (C) District to the High Density Residential (HDR) District, as well as amending the land use from the Commercial General (CG) Category to the Residential High (RH) Category. Staffhas determined that the application is comolete. The application has been entered into the Department's filing system and assigned the case number: LUZ2002-11O 11. The application will be reviewed for sufficiency by the Development Review Committee (DRC) on December 12,2002 in the Planning Department conference room - Room 216 - on the second floor of the Municipal Service Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please contact Sherrie Nicodemus at 562-4582 no earlier than one week prior to the meeting date for your review time. You or your client must be present to answer any questions that the committee may have regarding your application. Additional information may be requested at that meeting. The case will be forwarded to the Community Development Board when it is deemed sufficient. If you have any questions, please do not hesitate to contact me at 727-562-4553. Sincerely yours, /' Marc A. Mariano Planner BRIAN J. AUNGST, MAYOR-COMMISSIONER . ED HART, VICE MAYOR-COMMISSIONER W~T BY GRA.'L ~MMISS ER S:\Planmng Departl1Mt!f}(f fU!:!ft6f~f/P~8W1!ff\LUZ 2002\LUZ2M-1 1011 High and Dr ar/na LVL nawariflbssage Rdlapplication , comvltflflJr.doc ILL)ONSON, OMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" u.. City of Clearwater Planning Department 100 S. Myrtle Ave., 2nd Floor Clearwater, FL 33756 Telephone: (727) 562-4567 Fax: (727) 562-4865 o >- f- o Fax Cover Sheet To: Harry Cline Fax: 727-442-8470 Phone: 727 -441-8966 From: Marc Mariano Date: 11-26-02 Subrnect LUZ2002-11011 Complete letter and application time line Message: Harry-Here is the schedule for this application, as we know it today. It has yet to be determined when the application will be sent to DCA. The Pools at Windward Passage has a case number of LUZ2002-09010. The representative is Joseph Gaynor 727-446-6434. The acreage for that site is 0.87 and the requested RM land use permits them to have 13 units on that site, at 15 dwelling units per acre. They currently only have 11 units and do not intend to build anymore. The current CG land use would permit them to have 20 residential units, at 24 dwelling units per acre. Marc M. (562-4553) Number of Pages including this page 3 ,...... .. ORDINANCE NO. 7088-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateaorv See attached legal description From: Commercial General (CG) (LUZ2002-11011) To: Residential High (RH) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pine lias County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING Ordinance No. 7088-03 " PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7088-03 " _GAL. DESCRIPTION UPLANDS: - A PORTION OF LOT 9 AND AU OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLANDESTAlESDF ,CLEARWAJER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE ASRECORDEDJN .:PLAT ~BOOK 51; PAGE" 34, puauc RECORDS OF PINELLAS COUNTY, . .FLDRIDA.'~BEIN~ MO~EFULL Y 'OESCRIBE?' .AS FC?LLOWS .; BEGlNNiNG'AI'THE SOU1HEAST- 'CORNER OF SAID lOT 12; THENCE 'N49~3'41"W ALONG lHE ''NOR1HERLY RIGHT~OF~WAY' UNE OF WlNDWARD PASSAGE, A ,:DISTANCE OF 32o.oo:FEET TO 'THE_'POINTOF, 'ClJRVAJURE OJ:',ACURVE TO JHE.'.'RIGHT; '1'HENCE ALONG _SAID cURVE. ;HAVlNG:A,RADIUS..QF. 50i.OO FEET;.:CHORD 31;.62 'FEET 'SEARJNG N30~57'41"W, "A DISTANCE QF'32.17'fEEF:IO:..A 'PO!N'r.OF REVERSECURVE-;.' THENCEA1..UNGA CURVE TO. THE,lEFT'HAVfNG'A ;~ADIUS OF. 50.00 FEET..' 'CHORD OF 7J.14 FEET BEARING ' . N59~l'2D'W, A';DISTANCE 'QF'-82.D3.':FEET; . "~NCE, ,LEAVlNG . SAID 'LJNE,.~N.16"3l~22"W A :DISTANCE'QF""20.DO'.FEET TO.~JHE POINT OF:.CURVA1URE OF 'A .NON-TANGENT CURVE. 'THENCE::';ALONG.'sA10 -CURVE::JCr:THE -RIGHT 'HAVING ':A ~PJ)jUS:QF17-.o.00~"FEET, A CHORD OF1p2:..57.'FEET.EEAR!~G S~~3.l"!~'~A ..blSTANCE~':;1B9..50 FEET..TQ.'A POINT 'OF . TANGENCY.;,:":',..:lHENCE:,S49-ZS~1~Et':.A~j}lSTANCFDF, 180~OO F:EFl "TO THE 'POlNTCURVAJURE .' .Of :A.'.ctJR~:: rG"'1HE" LEfT;. . :''lHENCE..:'"AtON'GSAJD CURYE. HAVING- A- RADIUS.. OF 70.00 FEET. A 'CHORD'..QF.,74.B4:FEE:r ,BEARING. 'SBl::'4Z'22':E.. ADISTANCE.-Qf. 7B~-9fi :FEET TO. A POINT,. "SAID:POlNT:.BBNq TtiE:. SOOTHWESTE;RLY:;CORNER "OF-PRASE ''-'1' MLLAGE'. ON- ISLANfLESTA TES, ASRE-CORDED_:,tN"PLAr:.sOOK.::55~'PA~.12, PUBUC'..RECORDS ~DF PINELtASCOUNTY, FLORIDA; . . 'lHENCE..ALONGo';'1HE--SOUTHERLY :UNE9F SAID, VlLLAGE;'ON :ISlAND ESTA -rES, THE FOLLOv"NG THREE:(3) ~~ou.~,SES .:::', '.' '.': ,- .. . 1: . S49~7i'4,~i:'~A :D1SiANcE .OF,1'3S:76, ,FEET; . , 2. SOa'2'32"t. A DISTANCE' OF 81.05 FEET;' AND . ' 3. . S4Cr36'1'9.W~ A OISTANCE',-QF .106~52.l:-t.i:..T TO, A-POINT ON THE NORTHERLY ,R'GHT-:-~~WA,(.~~ OF THE AFOREM~NllONED :Vw1NDWARD PASSAGE;' THENCE' ALONG SAID'lJNE N49-.24'09.'~ A DfSTANCEOF .51.00. FEET; T'rlENCE S40?6'1~.~~': ADI~~CE rn: 2~~OO FEET TO THE POINT OF BEGINNING. CONTAINING 1.838 ACRES OR 80,078 SQUARE FEET MORE OR LESS. ~ R RH INS RM JWATER THIS IS NOT A SURVEYI FUTURE LAND USE MAP Owner: High and Dry Marina, Inc Case: LUZ2002-11 011 HDR Land Use CG RH Property Size (Acres): PIN: 08/29/15/43380/004/0090 1.83 Site: 202 Windward Passgae From: Zoning C To: Atlas Page: 267B Ordinance No. 7088-03 ,. ORDINANCE NO.7089-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10,11,12, AND 13, BLOCK 0, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL (C) TO HIGH DENSITY RESIDENTIAL (HDR); 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 attached legal description Zonina District From: Commercial (C) (LUZ2002-11 011) To: High Density Residential (HDR) 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 7088-03 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Leslie K. Dougall-Si e Assistant City Attor Attest: Cynthia E. Goudeau City Clerk Orrlin",nf"'''' 1\1,... 7nAQ_n":l .. _GAL D~SCRJPTjON UPLANDS; A P.DRTlON OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCKD, UNIT 5, ISLAND ESTAlESOFCLEARWAJER, TOGETHER INITH A PORTION OF VACATED DORY PASSAGE, ASRECOROEDJN :PLAT ~BOOK 51; PAGE" 34, PU8UC RECORDS OF PINELLAS COUNTY, FLORIOA,':CBE1N~ MO~EFULL Y 'DESCRIBEpAS HJ.LLOWS: BE{;INNiNG- ATTIiE SOU1HEAST- 'CORNER OF SAID LOT 12; THENCE 'N49~3'41"W ALONG 1HE 'NORTHERLY RIGHT~OF~WAYhUNE OF WlNDWARD PASSAGE, A.DISTANCE OF 320.00 fEET TO .THEPOfNT OF 'CURVA1URE OF:'.A CURVE TO THE-,RIGHT;' ffiENCE ALONG _SAID cURVE. 'HAVlNG~~A,RADtUS,~ OF. 50;00 FEET;_cCHORD 31;.62 FEET 'SEARJNG N30~57'41"W, -A DISTANCE QF'32.17 -f'EET:"::rO:..A POINT OF REVERSE CURVE; - THENCE ALONG A CURVE TO- THEclEFTHAVfNG:A :RAD'US Of- 50.00 FEET..' 'CHORD OF 73.14 FEET BEAR1NG ' - N59~1"2D'W, A',OISTANCEOF'.82.03-:FEET; -THENCE,LE.A:VJNGSAJD 1INE,-,N.l6~l'22"W A ,OISTANCEOF"1.20.DO,FEET TO_~JHE POINT OF~-CURVA1lJRE OF A NON~TANGENT CURVE; THENCE-:ALONG:SAlD 'CURVE-TO':-1HE .RIGHT 'HAVING ':A liADJUS:QF17,O.QO>FEET, A CHORD OF1p~-S7 .'FEETBEARl~G S7/~?~31'!E'-:)\ -bl.STANCErn:'~JB9.50 FEET.TO.A POINT OF TANGENCY.;,:.--:THENCE:S49-:2S~1~E.:'A-:DlSJANCEDF, 180~Da FEET TO THE POlNTCURVATURE --OF : A.'WRVEura"rHE" LEfT; :-1'HENCE..:;;A1:00-GSAJD CUR);/E_ HAV1NC A-RADJUS'.OF 70.00 FEET, .. A 'CHORI)':OF:-t4MFEET -BEARlNC. 'S81~42'22~. -A Dlst,",NCE-Qf_ 78~-96 :FEET- TO A POINT. SAIDPOtNT-8BNG lHE, SOOlHWESTERL't-CQR....,EROF-PBASEfV MLLAGE'. ON ISLAt~D:ESTA TES, AS RECORDED. -,tN<pLA1'-aOOK:'55.- PA~ 12, PUBUC '..RECORDS cOF PINElLASCOUNTY, FLORIDA; 'THENCE--ALONG'-JHEuSOUTHERlY 'UNEOF SAID,\lJLLAGE:.ON :ISLAND ESTA IES, THE FOLLOWING lHREE:f~),_SOU~.~S:: , '-.- - 1: 54973' 4'1 ~E.-:' -A DISTANCE -OF-136:76. FEET; . 2. S08'2'32~ A DISTANCE - OF 81.0S:FEET; . AND _ 3. - S.4<r3S'l9.W, A DISTANCE" -OF 1 06~52Ft.t. T TO - A-POINT ON THE NORTHERLY RIGHT -:-OF~WA y ~LJNE OF TI-iE AFOREMENTIONED :Yr1NDWARD PASSAGE;- '. . - .;." . THENCE ALONG SAID ONE N49~4'09.-W. A DfSTANCEOF61.00 FEET; TrfENCE S40"36'1~.~i: A DI~~CE or: 20~00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.838 ACRES OR 80,078 SQUARE FEET MORE OR LESS. ALSO, SUBMERGED LANDS: . THOSE SUBMERGED LANDS LYING NORTHWESTERLY OF PHASE IV, VILLAGE ON ISLAND ESTATES, AS DESCRIBED IN C.R. BOOK 5885, PAGE 2178, PUBLIC RECORDS OF PINELLAS COUNTY, flORID AND AS SHOWN HEREON. -- EXHIBIT '" } :3 ~ j /) /1 '\, ! \ (j I THIS IS NOT A SURVEYI p I J ZONING MAP Owner: High and Dry Marina, Inc. Case: LUZ2002-11 011 Site: 202 Windward Passgae Property Size (Acres): 1 .83 - Property 0.70 - Submerged Land From: Zoning C Land Use CG PIN: 08/29/15/43380/004/0090 To: HDR RH Atlas Page: 2678 Ordinance No. 7089-03 .. ,-. t CITY OF ~r;EARW A TER PUBLIC HEARtr~G NOTICE LAND USE PLAN AND ZONING ATLAS AMENDMENTS NOTE: All persons wishinl! to address an item need to be present at the BEGINNING of the Community Development Board meetinl!. Those cases that are not contested bv the applicant. staff. neil!hborinl! propertv owners. etc. will be placed on a consent al!enda and approved bv a sinl!le vote at the bel!inninl! of the meetinl!. Schedule of Public Hearings: Tuesday, January 21, 2003 before the Community Development Board, at 2:00 p.m. Thursday, February 20, 2003 before the City Commission (1st Reading),_ a,\ 6:~~~~. All public hearings on the ordinances will be held in Commission Chambers, 3rd fl09r J:~all, 112 South Osceola Avenue, Clearwater, Florida. (High and Dry Marina, Inc.) LUZ2002-11011 .., vJ,(ilJ" 10v The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7088-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7089-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL (C) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING AN EFFECTIVE DATE. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Commission, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. 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 LARGE PRINT IS A V AILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR REQUEST AT (727) 562.4093. Ad: 01/05/03 & 02/02/03 , I. .If CITY OF CLEARWATER NOTICE OF CITY COMMISSION PUBLIC HEARING The City Commission of the City of Clearwater, Florida, will hold a public hearing on Thursday, January 23, 2003, beginning at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, to consider the vacation of: 1. Vacate the 5-foot drainage and utility easement lying along the West property line of Lot E, Rolling Heights Subdivision as recorded in Plat Book 43, Page 1 of the Official Records of Pinellas County, Florida, less and except the northerly 20 feet thereof. (Drew Park LLC) V 2003-01 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the City Clerk prior to the hearings. Any person who decides to appeal any decision made by the City 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. All individuals speaking on public hearing items will be sworn in. City of Clearwater P.O. Box 4748 Clearwater, FI 33758-4748 Cynthia E. Goudeau, CMC City Clerk YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY ABUTTING THE PROPOSED VACATION. A COPY OF THIS AD IN LARGE PRINT IS A V AILABLE IN THE OFFICIAL RECORDS AND LEGISLA TIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODA TION IN ORDER TO PARTICIPA TE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 01/05/03 & 01/12/03 Comprehensive Plan Citizen Courtesy Information List Local Government: City of Clearwater Case: LUZ2002-11011- 202 Windward Passage Hearing Date: Febuary 20. 2003 Type Hearing: Transmittal DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. · Check Citizen Name Address, City, State, Zip Code Appropriate Response(s) Written Comment J. <[0 vi "J ~p d ~"s.s"j' jj "..,r;:::::-I c 1~C\C'"",o~lI''', FL 33:},~J X P~~.~;~b_Q'~ e~J ~3C~[ ~I I C.l""_~e I FL 331-&~ CI I CI I CI I II Spoken Comment ~'p.()e 8>,' /i50 " ~{('<"., I I I I ~ .... · ... '-0- Iii '" 1:5 0 c 0 :a s; :IIJ :n .. c;') =' ~ t';:I ~~ z -..---...-----.... -- ~ t:' .. ------------ " n DRIVE '" ill ~~ -- -- 'eJ ~ ..----- ~ n ill 1Il ~ ---------- ___~---n t:l ----_..---- n . 0 \ c:: . z . . . . . ~ , . . :!I' n --< . ~ I r '" !;\ .. )> ~ '" i1 ~ w ", 0 .. D' '" ... to-t ~\ f 0 , . , t:I:j ... . ~ \ :IIJ 0 0 0 ~ , 0 0 0 c:: ,i , ~ . . , c:: . , . . , ::a t:I:j ., ~ ) I: I: Z oj l:l 0 ., .. .. .. c:: en t:I:j ~ ~ CI Z .. a )..'111. .. 18 .. a:: ., .... 2 > /} 'II I: ~ .. .... CI .. "'1M a . . .. . .. . , !Z , . . , finellas County Property Apprai . Information: 08 29 15 43380 004 0090 Page 2 of 7 08 / 29 / 15 / 43380 / 004 / 0090 ZI-Noy-ZOOZ JiM sMith, CFA Pinellas County Property Appraiser 10:50:55 Non-Residential P rope rty Add ress. Use. and Sales COMparable sales value as Prop Addr: ZOZ WINDWARD PSG of Jan 1, 2002, based on Census Trac t: Z60.01 sales froM 2000 - 2001: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vacl IMp Plat InforMation 0 10 0/ 0 0 ( ) 1959 : Book 051 Pgs 034- 0 10 0/ 0 0 ( ) 0000 : Book Pgs - 0 10 0/ 0 0 ( ) 0000: Book Pgs - 0 10 0/ 0 0 ( ) 2002 Value EXEMPTIONS Just/Market: 1.481.600 HOMestead: 0 Ownership % .000 Historic : 0 Use %: .000 Assessed/Cap: 1.481. 600 Tax ExeMpt %: .000 Other ExeMp t : 0 Taxable: 1. 481. 600 Agricultural: 0 2002 Tax InforMation Land InforMation District: CW Seawall: Frontage: Clearwater View: 02 Millage: Z3. Z911 Land Size Unit Land Land Land Front x Depth Price units Meth 02 Taxes: 34.508.09 1) 0 x 0 15.00 61.395.00 S Special Tax .00 2) 100 x 110 15. 00 11.000.00 S 3) 0 x 0 .00 .00 Without the Save-Our-HoMes 4) 0 x 0 .00 . 00 cap, 2002 taxes will be : 5) 0 x 0 .00 .00 34.508.09 6) 0 x 0 .00 .00 Without any exeMptions, Total Land Value: 1.085.9Z5 2002 taxes will be : 34.508.09 Short Legal ISLAND ESTATES OF CLEARWATER UNIT 5 Description BLK D. NE Z/3 OF LOT 9 ALL OF LOTS 10 THRU 13 INCL Building Information . BuilciillgJ . Building 2 . Bui I di ng3 Building #1 htto:1 loao.co. oinellas.fl. us/htbin/clli -scr3 ?o= 1 &a= 1 &b= 1 &c= 1 &r=.35&s= 1 &t= 1 &u=O&o,.. 11/21/2002 Pinellas County Property Apprair~~ Information: 08 29 1543380004009(1 . Page 3 of 7 08 / 29 / 15 / 43380 / 004 / 0090 :01 21-Nov-2002 JiM SMith, CFA Pinellas County Property Appraiser 10:50:50 COMMercial Card 01 of 3 IMproveMent Type: Pre-Engineered Hetal Property Address: 202 WINDWARD PSG Prop Use: 348 Land Use: 20 Structural Elements Foundation Floor SysteM Exterior Wall Height Factor Party Wall Structural FraMe Roo f FraMe Roof Cover Cabinet & Mill Floor Finish Interior Finish Partition Factor Continuous Footing Slab on Grade Prefinished Hetal 30 None Rigid Frallle Steel Truss & Purlin Co rrugated Hetal None Concrete Finish Unfinished o Heating & Air None Fixtures Bath Tile Electric Shape Factor Quality Year Built Effective Age Other Depreciation Function Depreciation EconoMic Depreciation 5 Floor Only Ave rage Rectangle Ave rage 1. 963 25 o o o Sub Areas Description Factor Area Description Factor Area 1) Base Area 1. 00 26.634 ?) .00 0 2) Sales Service Area 1. 50 4.7Z6 8) . 00 0 3) .00 0 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Commercial Extra Features Description DiMensions Price Units Value RCD Year 1) ASPHALT 24300 1. 00 24.300 0 24.300 999 2) CONC PAUE 12600 2.00 12.600 0 25.200 999 3) DOCK 3200 10.00 3.200 0 12.800 1.973 4) SHED 160SF 8.00 160 0 510 1. 963 5) BOATRACKS 300RCKS 300.00 300 0 90.000 999 6) .00 0 0 0 0 TOTAL RECORD VALUE: 152.810 Building #2 http://pao.co.pinellas.fl.us/htbin/cgi-scr3?0=I&a=l&b=l&c=I&r=.35&s=l&t= 1 &u=O&p... 11/21/2002 ~inellas County Property Apprai n -- Information: 08 29 15 43380 004 009" Page 4 of 7 08 / 29 / 15 / 43380 / 004 / 0090 :02 ZI-Nov-ZOOZ JiM SMith, CFA Pinellas County Property Appraiser 10:50:53 COMMercial Card OZ of 3 IMproveMent Type: Warehouse Proper ty Address: Z 0 Z WINDWARD PSG Prop Use: 348 Land Use: Z 0 Structural Elements Foundation Floor SysteM Exterior Wall Height Factor Party Wall Structural FraMe Roof FraMe Roof Cover Cabinet & Mill Floor Finish Interior Finish Partition Factor Continuous footing Slab on Grade Concrete Block o None None Bar Joist/Rigid fra~ Built Up/Hetal/Gyps Hini~u~ Concrete finish Unfinished o Heating & Air None Fixtures Bath Tile Electric Shape Factor Quality Year Built Effective Age Other Depreciation Function Depreciation EconoMic Depreciation o None Ave rage Rectangle Average 1. 914 Z5 o o o Sub Areas Description Factor Area Description Factor Area 1) Base A rea 1. 00 Z. 11 Z 7) .00 0 2) .00 0 8) .00 0 3) .00 0 9) .00 0 4) .00 0 10) . 00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Commercial Extra Features Description DiMensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VA LU E : 0 Building #3 http://pao.co.pinellas.fl.us/htbin/cgi-scr370=I&a=l&b=l&c=I&r=.35&s=l&t= 1 &u=O&P... 11/21/2002 Pinellas County Property Apprai"~" Information: 08 29 1543380004009(\ Page 5 of 7 08 / 29 / 15 / 43380 / 004 / 0090 :03 21-Nov-2002 JiM SMith, CFA Pinellas County Property Appraiser 10:51:08 COMMercial Card 03 of 3 IMproveMent Type: Warehouse Proper ty Address: 202 WINDWARD PSG Prop Use: 348 Land Use: 20 Structural Elements Foundation Floor SysteM Exterior Wall Height Factor Party Wall Structural FraMe Roo f FraMe Roof Cover Cabine t & Mill Floor Finish Interior Finish Partition Factor Continuous Footing Slab on Grade Concrete Block o None None Flat Built Up/Wood Ave rage Conc rete Finish None o Heating & Air Heating&Cooling Pckg Fix tures 0 Bath Tile Electric Shape Factor Quality Year Built Effective Age Other Depreciation Function Depreciation EconoMic Depreciation None Ave rage Rectangle Ave rage 1.918 20 o o o Sub Areas Description Factor Area Description Factor Area 1) Base Area 1. 00 680 7) .00 0 2) .00 0 8) .00 0 3) .00 0 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Commercial Extra Features Description DiMensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map ~~[t][f]~r3J http://pao.co.pinellas.fl.uslhtbinlcgi-scr3?0=I&a=l&b=l&c=I&r=.35&s=1&t= 1 &u=O&p... 11/21/2002 J:>inellas County Property Apprair. Information: 08 29 1543380004009" Page 6 of 7 60 ::0: ~ 3.2& ACQ:") ,.( w 2.2 lq'~cJ ,/( / 1/8 Mile Aerial Photograph http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=l&a=l&b=l&c=1&r=.35&8=1 &t=1 &n=O&n 11!?1 !?()()? 'Pinellas County Property Apprai"~" Information: 08 29 1543380004009/1 Page 7 of 7 Pinellas County Property Appraiser Parcel Information Back to Search Page An explanation of this screen httn'//n::lO ro ninpl1!ll;: f1nl;:/hth,n/f'<T'_"f'r1.?,,-l1'r,,_l1'rh_l i>T~_l D__ ~c ()___1 ()_~_ 1 0___ "0_ " ,,,, ,,,~~,, /;/ o~ . ~ ... ... {)I/7 !hM-I .. 1#I~t!4W. t?ff?ij ~~f4QiaJJ~$lf.tlJ: . ,- ...t2t1/bJd:2./h~/?Ue.t 1J?zp;i/:?- ~7J / .:~~~1/;;J~-MP;6- ..ht~bt. rP/J1/11gt (.:tt>>?~~~~~) ~tJ1 ... ~ 70 ~y~~ m;/ 0IMr CWJt/& ~~h lant1J:;ej~ uAI a ~ tL11?;- t!t1;~J:I~ Page 1 of2 ... Gina From: Tarapani, Cyndi Sent: Wednesday, March 05, 2003 11 :29 AM To: Clayton, Gina; Haines, Angel Subject: FW: ZONING CHANGE FOR HI AND DRI MARINA (202 WINDWARD PASSAGE) this is the same one I just sent you-but please copy Denise on the response. thanks. Cyndi T arapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com -----Original Message----- From: Wilson, Denise A. Sent: Wednesday, March 05, 2003 7:48 AM To: Tarapani, Cyndi Cc: Haines, Angel Subject: FW: ZONING CHANGE FOR HI AND DRI MARINA (202 WINDWARD PASSAGE) Could you please respond to this request and copy me. Thanks. Denise -----Orig i na I Message----- From: Veraguinan@aol.com [mailto:Veraguinan@aol.com] Sent: Tuesday, March 04, 2003 6:47 PM To: Baungst@Clearwater-FL.com; Fhibbard@Clearwater-FL.com; Hhamilton@Clearwater-FL.com; Wgray@C1earwater-FL.com; Wjonson@Clearwater-FL.com; Pakin@Clearwater-FL.com; Whorne@Clearwater- FL.com; Ctarapan@Clearwater-FL.com; Gdayton@Clearwater-FL.com Subject: ZONING CHANGE FOR HI AND DRI MARINA (202 WINDWARD PASSAGE) As a homeowner in The Village at Island Estates, Unit 401, which is adjacent to Hi and Dri Marina and also on the water, I am very concerned about a High Density Residential zoning being considered for Hi and Dri Marina. HDR zoning is not compatible with our neighborhood at all as the surrounding housing along Windward Passage is zoned Medium Residential. It would be detrimental to the area and the neighboring homes to make the HI and DRI Marina property anything other than Medium-High Density Residential. I believe the character of the neighborhood should not be so negatively impacted and High Density Residential zoning would do that. I would also like to ask that you again consider the increased traffic effects. Windward Passage is only one road. There are no possibilities for additional streets for incoming or exiting traffic (possibilities that exist for the Dolphin Cove property - they have three streets for entrance and exit). Additionally, despite the fact that the current property is commercial, there is not, in actual fact, much traffic. Residential zoning means 24-hour traffic rather than the current 11 hours that HI and DRI is open. This is an additional reason to approve zoning that is not more than Medium-High Residential zoning. I would appreciate your consideration of the effects of this rezoning and ask that you approve Medium-High Residential Zoning. Thank you. Sincerely yours, 3/26/2003 Page 2 of2 . Vera Guinan 240 Windward Passage Unit 401 3/2612003 Page 1 of 2 ,4 "j Mariano, Marc From: Clayton, Gina Sent: Thursday, March 27, 20034:26 PM To: Mariano, Marc Subject: FW: High and Dry Marina Zoning Change Request Please add this to the High and Dry File. Thanks! -----Original Message----- From: K2tmk2tm@aol.com [mailto: K2tmk2tm@aol.com] Sent: Tuesday, March 04, 2003 12:00 PM To: GClayton@Clearwater-FL.com Subject: High and Dry Marina Zoning Change Request March 4, 2003 City of Clearwater Commissioners Reference: High and Dry, Windward Passage, Clearwater, FL Proposed Zoning Change from Commercial To High Density Residential Gentlemen: As residents of Dolphin Cove Condominiums located at 255 Dolphin Point, Island Estates, Clearwater, Florida 33767, we wish to express our disagreement and opposition to the proposed zoning change for the property on which the current High and Dry Marina is located on Windward Passage. For your reference, the High and Dry Marina is located to the southwest and west of Dolphin Cove a very short distance across the water cove and to the west of the complex called The Village at Island Estates. Directly across the street from High and Dry Marina to the southwest is another townhouse complex called, The Pools of Windward Passage? Both the "Village and the "Pools" are three story structures. Dolphin Cove is an 11 story structure that is located across the street from 5t. Brendan's Church between Dory Pass and Dolphin Point. As you are aware, there is a proposal on the table to construct a new luxury condominium complex on the High and Dry site. As the proposal was explained at the Community Development Commission public meeting, the new structure would be no more than 50 feet above the 14 foot FEMA requirement, for a total of 64 feet. As proposed, this structure would be twice the height of its very close neighbors, effectively towering over both the "Village" and the "Pools" with a structure no more than 50 feet and 75 feet away from their property lines, respectively. The parcel of land on which the proposed structure is to be built is not suitable for this use as it is far too narrow a peninsula and further, its widest dimension would abut the sea wall. Its impact on the "Village" complex's west side, would also be devastating, cutting off their air space even more than it already is by the current High and Dry Marina structure. The argument that Dolphin Cove is an 11 story structure nearby is not a valid argument since Dolphin Cove is an existing structure. If zoning codes permitted it, the High and Dry proposal to construct an HD type structure on the existing site would be tantamount to constructing a 22 story structure within 50 feet of Dolphin Cove's property line. In other words, some major considerations must be given the neighboring structures in this case, and their close proximity to the proposed structure and the detrimental effect of proposed structure towering over its existing neighbors. Furthermore, the desires and wishes of the existing neighborhood must be taken into consideration without regard to possible future ratable. If this consideration is not given to existing residents in a mixed structure neighborhood, further development, not in keeping with the majority of structural architecture will degrade the neighborhood, reduce property values and drive away the desirability of the area. Construction of townhouses on the High and Dry property in the same design as the "Village" and the "Pools" would not be objectionable, we believe. This said, consider it is not necessary to amend the zoning to HD since the requirements for HD far exceed this type of construction and also exceed the requirements of the proposed 3/28/2003 Page 2 of 2 .... i structure. The zoning codes MD and or MHD more than cover the needs of the proposal. Therefore, unless the proposed structure is not at all what the developer has in mind in the first place, why is the zoning code HD necessary? We propose and would agree with a structure more in keeping with the neighborhood surrounding the High and Dry property. We oppose the rezoning to HD as unnecessary, unfair to High and Dry neighbors and unfair to Dolphin Cove residents and taxpayers who live just across the cove from the High and Dry Marina. Very truly yours, Board of Directors of Dolphin Cove Condominium Association Frank Pound C. Thomas Massey Jane Stryeski Sandra Yates President Treasurer Secretary Director Sam Buclous Vice President 3/28/2003 Page 1 of 2 Mariano, Marc From: Clayton, Gina Sent: Thursday, March 27, 2003 5:19 PM To: Mariano, Marc Subject: FW: Irreversible another one - I think I gave you to put in file but I can not remember - sorry to bombard you with all of the e- mails to go in the file. -----Original Message----- From: Tarapani, Cyndi Sent: Wednesday, February 26,20039:59 AM To: 'John Ricci' Cc: Clayton, Gina Subject: RE: Irreversible Mr. Ricci-thank you for your letter of concern. I will add it to the official file on this application. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com -----Original Message----- From: John Ricci [mailto:john.ricci@worldnet.att.net] Sent: Wednesday, February 26, 2003 6:43 AM To: Brian Aungst; Whitney Gray; Hoyt Hamilton; Frank Hibbard; Bill Jonson Cc: Cyndi Tarapani; Gina Clayton Subject: Irreversible RE: Commission Meeting of February 20, 2003, Item 11, Ord 7088-03 and Ord 7089-03 Harry Cline, the representative for the High and Dry Marina and the Haider Development Corp., initially presented his clients' position at the above referenced meeting by heavily relying on the Planning Department's recommendation and the Community Development Board's unanimous decision. The emphasis placed on the above position is inappropriate in the respect that initially, neither the CDB nor the Staff was aware that the developer's proposed site plan can be accommodated by Medium-High Density zoning. As stewards of our community's future, please examine the merits of their request and recognize that allowing High Density Residential zoning has the potential of irreversible damage. 3/28/2003 ~ Page 2 of 2 Medium-High Density is proper. Sincerely, John Ricci 240 Windward Passage #303 Clearwater, FL 33767 3/28/2003 FEB-28-2003 15:57 RE1EIVED<1g:~~~ ~ qe FEB 28 2003 Brink, Carolyn TO: Commission Co: Akin, Pam; Goudeau, G(ndie; Reporter Subject: FW: Item #11 -2120/03 Ord 7088-03 & Ord 7089-003 -High and Dry Marina PI ANf\lING DEPARTMENT CITY OF CLEARWATER FYI and will be sent to Cyndi T. for response. cb -----Original Message----- From: Brink, Carolyn sent: Friday, February 28,2:>031:37 PM To: 'Albert SAKSET' Subject: RE: Item #11 -2/2i)/03 Ord 7088-03 & Ord 7089-003 -High and Dry Marina Dear Mr. Sakey: Your e-mail has been received and distributed to the Mayor and Commissioners. -----Orlglnal Message-.--- From: Albert SAKSET [mailtc :aI2sak@msn,com] sent: Friday, Februarf 28, 2003 10:55 AM To: citycomm@dearwater-fl,':om Subject: Item #11 -2/20/03 Ord 7088-03 & Orc! 7089-003 -High and Dry Marina Mayor and Con1mis:sioners: Commissioneru Jonson and Grey having already voted against a zone change of the Jliigh and Dry property from Commerical (C) to High Density Residential (HDR); and, with the hope that they will continue in their respective I)ositions; this communication, therefore, with all due respect, is prinlarily directed to Mayor Aungst and Commissioners Hamilton and tfibbilrd. The principal argun1ents presented by Attorney Harry Kline; a person identified as the Developer (showing nothing more than an artist's rendering); an,cl, fOI-mer Commissioner Ed Hooper (employed by the sellers), was that the proposed Condominium Development (replacing the High and Dry) was to be four (4) sfQries above FEMA requirements ~lnd t,o contain '-(fly-five (55) units ilD.d would in no- wise be incoml,atibLe with the existiag neighbohood. The existing nj~ighborhood ii comprised of attractiJlfl..slngle family~ twQ (2J sto,.ieCJ~Jve FEMA, TOWN HOUSE buildings and gf MEDIUM DENSITY ZQNING. fJbjectiQI1 was made to HDR zo..l1ing but no serious Q./}iection was l11M/j~ by opponfjots for a change to MDR APPRQYAL B~f THE COMMISSIONERS TO MEDIUM DENSITY RESIDENTIAl. WCJULD HAVE PROVIDED THE PROPONENTS WITH EVERY~rHl~'G THEY ALLEGEDL Y WANTED. HOWEVER, PllOPf'NENTS PERSISTED IN THEIR PURSUIT OF A 2/28/2003 FEB-28-2003 15:57 P.02 1 a.!':',C .t. Ul .t. HIGH DENSI'rv RESIDENTIAL CHANGE. By resisting arid re'fusing the proposal of MDR zoning, suggested by Commlsslonerls GrElY and Jonson, it became apparent to myself and others, that the Pruponents have no intention of limiting their structure to the four (4) stories above FEMA; but, rather, if HFDR zoning is apprl)ved, upon presentation of a site plan can, and will, in all probability request additional height and density (if not the maximum) pel'mitt.ed by HDR zoning. I urge all Comlmissiioners to seriously consider the ramifications of giving a "you have passed go" card allowing HDR zoning in a MDR area. Remember, Commissioners, that all parties, pro and con, were under oath. Propon!ents all stated unequivically that their plans called for a structure four (4) stories above FEMA. Allow them only that! MDR ZONING 'MOULD ALLOW DEVELOPER EXACTLY WHAT THE PROPONENTS ;STA1'ED WOULD BE CONSTRUCTED. On behalf of all residents of Windward Passage and other residents elsewhere whc. are affected by the pOSSibility of a structure exceeding MOlt requirements I urge the Commission to deny the Proponent's reques;t for HDR. Respectfully submi"tted, AISakey 240 Windward pas!.age #1101 Clearwater, FL 337157 PI.. prepare a '~'l)onse for the Mayor's signclture. ee: City Comrnls$lon Due dote: 3/1 n. r~ /::}~~:R.) "''"10 ,,,(\,"\':) TOTRL P.02 AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, February 20,2003 - 6:00 P.M. - Commission Chambers Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your name and address. Persons speaking before the City Commission shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard re items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Please obtain the needed form to designate a spokesperson from the City Clerk (right hand side of dais) and return it to her prior to the start of the meeting. Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Commission. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Invocation 2. Pledge of Allegiance 3. Service Awards - EOM - February 2003 4. Introductions, Awards and Presentations a. Proclamation: Tampa Bay Emergency Planning And Community Right-To-Know (EPCRA) Awareness Week -February 23-March 1, 2003 b. Proclamation: Engineers Week - February 16-22, 2003 c. Proclamation: Clearwater Marine Aquarium Week - February 10-16, 2003 d. Presentation: Phillies Spring Training ad campaign 5. Approval of Minutes - Regular Meeting February 5, 2003 and Attorney/Client Session February 3, 2003 6. Citizens to be heard re items not on the Agenda PUBLIC HEARINGS Not Before 6:00 P.M. Quasi-judicial public hearings: All individuals speaking on these items will be sworn-in. - Staff states and summarizes reasons for recommendation (2 minutes). - Applicant presents case, including its testimony and exhibits. Witness may be cross- examined (15 minutes). - Staff presents further evidence. May be cross-examined (10 minutes). - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time). - City Commission discussion, and may question any witness. - Applicant may call witnesses in rebuttal (5 minutes). - Conclusion by applicant (3 minutes). - Decision. 7. Public Hearing & First Reading - Ord 7076-03, Ord 7077-03, and Ord 7078-03 - Approve the Petition for Annexation, Land Use Plan Amendment from Commercial General (CG) to Residential/Office General (R10G), and Zoning Atlas Amendment from C-2, General 02-20-03 Commission Agenda.doc 1 ~, Commercial (County) to the 0, Office District for property located at 2316 Drew Street (Rolling Heights, Lots C and D) ANX2002-11022 and LUZ2002-11012 (Drew Park, LLC) 8. Public Hearing & First Reading - Ord 7079-03, Ord 7080-03, and Ord 7081-03 - Approve the Petition for Annexation, Land Use Plan Amendment from County Commercial General (CG), Residential/Office General (R10G) and Preservation (P) to City Commercial General (CG), Residential/Office General (R10G) and Preservation (P) and Zoning Atlas Amendment from County AL, Aquatic Lands, C-3, Wholesale, Warehousing & Industrial Support, M-2, Manufacturing & Industry, P-1, Professional Offices to City C, Commercial, 0, Office, and P, Preservation for 1720 Overbrook Avenue (Stevenson's Creek Subdivision, Lots 3-15, and M&B 43.05 in Sec. 03-29-15) ANX2002-11 019 (City of Clearwater) 9. Public Hearing & First Reading - Ord 7082-03, Ord 7083-03, and Ord 7084-03 - Approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from County A-E, Agricultural Estate Residential to City LDR, Low Density Residential District for 3311 66th Street (M&B 33.03 in Sec. 17-28-16) ANX2002-11020 (George E. Pappas) 10. Public Hearing & First Reading - Ord 7085-03, Ord 7086-03, and Ord 7087-03 - Approve the Petition for Annexation, Land Use Plan Amendment from County Commercial General (CG) to City Commercial General (CG) and Zoning Atlas Amendments from County R-4, One, Two and Three Family Residential District, to City C, Commercial District for 1231 Lincoln Avenue (Oakland Heights, Lot 36) ANX2002-11021 (Ana Ramirez Diaz) 11. Public Hearing & First Reading - Ord 7088-03 and Ord 7089-03 - Approve a Land Use Plan Amendment from Commercial General (CG) to Residential High (RH), and a Zoning Atlas Amendment from C, Commercial District to HDR, High Density Residential District for property located at 202 Windward Passage (Island Estates of Clearwater Unit 5, Block D, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage) LUZ2002-11011 (High and Dry Marina, Inc.) Public Hearing - Second Reading Ordinances 12. Ord 7060-03 approving the applicant's request to vacate the 16-foot alley lying along a line 2 feet west of and parallel to the west property line of Lot 6, Block 16, Map of Belleair, (A.K.A. 509 "D" Street), subject to the retention of a drainage and utility easement over the westerly 15 feet of the alley, (V2002-13 City of Clearwater). CITY MANAGER REPORTS CONSENT AGENDA (Items #13-20) Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and individual vote. 13. Approval of Purchases (& Declaration of Surplus) per Purchasina Memorandum: 1. Work Order to revise and update master plan on a cost/benefit analysis and reduction to downstream impacts for $88,042 from Parson Engineering Science, Tampa, Florida, for Alligator Creek Watershed Management Conceptual Plan. (PW) 2. Work Order for engineering, construction and inspection services for $72,710 from Post, Buckley, Schuh & Jernigan, Inc., Tampa, Florida, for Clearwater Beach street improvements to Papaya and Baymont Streets and construction of 2 parking lots at East Shore & Causeway. (PW) 02-20-03 Commission Agenda.doc 2 3. Purchase of four (4) Flygt pumps for $62,540 from EK Phelps & Company, Apopka, Florida. (PW/WPC) 4. Purchase of Gas Materials - PE pipe and fittings for $210,000 from MT Deason Company, Inc., Birmingham, Alabama. (GAS) 14. Award a contract for the replacement of the Clearwater Mall Fire & Rescue Station No. 49 (02-0099-FD) to GLE Construction Services, Inc. of Tampa, Florida, in the amount of $1,498,908.40, which is the lowest responsible bid received in accordance with plans and specifications. FD 15. Authorize settlement of the workers' compensation claim of Claimant, Neil Artmann, in its entirety to include medical and indemnity for the sum of $40,000. FN 16. Approve the first amendment to the management agreement with the Clearwater Community Sailing Association, allowing alcoholic beverages to be possessed, sold and consumed within the fenced in area of the Clearwater Community Sailing Center. MR 17. Award a contract for the Demolition of Commercial Structures - 1700 Overbrook Avenue (02-0087-EN) to Kloote Contracting, Inc. of Palm Harbor, Florida for the sum of $106,754.70 which is the lowest responsible bid received in accordance with the plans and specifications. PW 18. Approve a contract with Gwendoline I. Martin, Trustee to purchase DRUID HEIGHTS, Block C, Lot 1 for $111,000 plus estimated closing expenses of $20, for a total consideration of $111,020. PW 19. Receive Annual Report of Transfer of Development Rights (TDRs) pursuant to reporting requirements of the Community Development Code. PLD 20. Authorize the City Attorney to allocate an additional $40,000 in the defense of the City and James Wood in the case of Palisano v. City, for a total amount of $120,000. CA OTHER ITEMS ON CITY MANAGER REPORT 21. Adopt Res. 03-07, to file a demolition lien for a total cost of $19,785.72 on the property located at 1180 Cleveland Street; Gibson's Clearwater Heights, Lots 4-8 included (S&P Properties - 2303 1st St. E., Bradenton, Florida). OS 22. Award a contract to install conduit, fiber optic cable and termination equipment to Dolphin Communications Services, Inc., St. Petersburg, Florida, for an amount not to exceed $300,000 in accordance with Sec. 2.564(1)(e), Code of Ordinances. IT 23. Adopt Res. 03-10, consenting to a leasehold mortgage entered into by PACT, Inc. and Bank of America to finance current construction on Ruth Eckerd Hall. CA 24. Approve GMP (guaranteed maximum price) contract amendment with Turner Construction Company, 500 N. Westshore Blvd., Tampa, Florida, for the new Main Library in the amount of $14,532,915 and authorize $1,332,000 of that amount for construction, and approve the appropriation and transfer of $1,132,000 of the unrestricted fund balance of the General Fund to provide advanced funding for Clearwater Library Foundation funds which are to be contributed to the City for this expenditure, and direct that Foundation funds received will first be used to replenish the $1,132,000 of General Fund monies used. LIB 25. Authorize settlement of City v. Wagenvoord Advertising Group, Inc., etc., Case No. 02- 9512-CI-15 in an amount not to exceed $310,000. CA 26. Approve an amendment to the Joint Participation Agreement and Memorandum of Agreement between the Florida Department of Transportation and the City of Clearwater for the Memorial Causeway Bridge replacement and adopt Res. 03-14. PW 27. Other Pending Matters 02-20-03 Commission Agenda.doc 3 CITY A TIORNEY REPORTS 28. Other City Attorney Items 29. City Manager Verbal Reports 30. Commission Discussion Items a) Resolution re Emergency Shelters 31. Other Commission Action 32. Adjournment D~- ~. t_~~) Wx# 1/ ------ . ~~~ ~'fo W~ p~ #SQJ C--~ FL 3]7 b7 I .---- Jd IfN f{ f C-C--1' cJ.. th N/ tv1J WIJtUJ ;? /jfJ" #--1, CJ ~ ~~J767 ~- \vd~d) {t~ Ul~SccJL ~~. 02-20-03 Commission Agenda.doc 4 Page 1 of2 Clayton, Gina From: Tarapani, Cyndi Sent: Wednesday, February 26, 2003 9:58 AM To: 'Rod Baker' Cc: Clayton, Gina; Brink, Carolyn; Goudeau, Cyndie Subject: RE: Commission Meeting of February 20, 2003, Item 11, Ord 7088-03 and Ord 7089-03 Political Impact Mr. Baker-thank you for your letter of concern. I will forward this to the City Commissioners for their information and we will add it to the official me regarding this application. Thanks. Cyndi T arapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com -----Original Message----- From: Rod Baker [mailto:rbaker@rectecinc.com] Sent: Tuesday, February 25,20038:19 PM To: Ctarapan@Clearwater-FL.com Subject: RE: Commission Meeting of February 20, 2003, Item 11, Ord 7088-03 and Ord 7089-03 Political Impact I would like to address the political impact of the decision you have before you regarding the re zoning of the property on Windward Passage. As representatives of the citizens of Clearwater, council members and their leadership are encumbered to make decisions in the best interest of the residence of the city. This is not only their ethical duty but also in their long term best interest. Often times this is a challenging endeavor. Members must weigh heavily their decisions and the future impact they will have on the lives of their constituents and their neighbors. I am a resident of Clearwater and stand to be directly impacted by your decision on the above referenced meeting. Therefore, I would ask you to consider the gravity of the decision before you. Often in life what seems to be a positive political decision in the short run can have long run detrimental political affects on individual careers. Please remember that Windward Passage is not only a neighborhood of town homes, but also a neighborhood of business owners, employers, professionals and community leaders with far reaching political interest. What is also very interesting is that Windward Passage is a community of Clearwater natives and long term residence with a wealth of political history and long term memories. A decision to change our neighborhood to the inappropriate zoning of high density residential will have not only a disruptive impact on the lives of the adjoining residence; it will have a substantial loss of good will towards the politicians responsible for this bad decision. This loss of good will may not have an immediate affect on these decision makers, but it will definitely come around. I would encourage you to consider our neighborhood as if you lived here yourself and to remember that you have a substantial decision before you; you are encumbered to make the correct decision for your constituents and with this power will come accountability. Thank you for your time in consideration of the political impact of your decision. Rod Baker The Village on Island Estates, Unit 104 2/26/2003 Page 2 of2 727 446 7773 Mr. Rod Baker President, RecTec Inc. www.rectecinc.com rbaker@rectecinc.com 727 446 2600 The documents accompanying this transmission may contain information that is legally privileged, confidential, and exempt from disclosure under applicable law. This information is intended only for the use of the individual or entity named above. The authorized recipient of the information is prohibited from disclosing this information to any other party unless required to do so by law or regulation and is required to destroy the information after its stated need has been fulfilled. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or action taken in reliance on the contents of these documents is strictly prohibited. If you received this information in error, please notify the sender immediately and arrange for the return or destruction of these documents. 2/26/2003 Mariano. Marc From: Sent: To: Subject: Clayton, Gina Wednesday, March 26, 20032:16 PM Mariano, Marc FW: High & Dry Marina Importance: High Please put this in the High and Dry file before you give to me tomorrow. Thanks! -----Original Message----- From: Mariano, Marc Sent: Monday, March 03,20032:10 PM To: Tarapani, Cyndi; Clayton, Gina Subject: FW: High & Dry Marina Importance: High The building height for the High and Dry Marina is 38'7 ft. This site is built 6'6 ft above sea level. So, the roof of the building is 45'1 ft above sea level. Marc -----Original Message----- From: Clayton, Gina Sent: Friday, February 28, 2003 4:42 PM To: Mariano, Marc Subject: FW: High & Dry Marina Importance: High Please do this this research relative early this week. Also, we need to get the revised Reeve annexation letter out! -----Original Message----- From: Tarapani, Cyndi Sent: Friday, February 28, 2003 3:00 PM To: Clayton, Gina Cc: Akin, Pam; Phillips, Sue Subject: High & Dry Marina Per a request from Comm. Jonson, would you please fmd out what the building permit showed as the proposed height for the existing High & Dry Marina? Thanks. I am also checking the old zoning district on this site per the same request. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl..com 1 .!!.!!.pani. Cyndi 4l1t ~D() FL~ From: Sent: To: Cc: Subject: Tarapani, Cyndi Friday, February 28,20033:09 PM Akin, Pam Phillips, Sue; Clayton, Gina High & Dry Marina The High & Dry Marina site was zoned Commercial General under the old zoning code. The CG district allowed a marina as a conditional use. The maximum height was 50 feet, and additional height could be approved if additional open space was provided. There is a fairly complex formula for calculating the extra height based on the relationship of height and excess open space. Hope this helps. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com 8?e- ~- 1 Page 1 of 1 Marc From: Clayton, Gina Sent: Tuesday, February 25, 2003 3:36 PM To: Mariano, Marc Subject: FW: Consistent Please put this in the file. Thanks! -----Orig i na I Message----- From: John Ricci [mailto:john.ricci@worldnet.att.net] Sent: Tuesday, February 25, 20039:21 AM To: Brian Aungst; Whitney Gray; Hoyt Hamilton; Frank Hibbard; Bill Jonson Cc: Cyndi Tarapani; Gina Clayton Subject: Consistent RE: Commission Meeting of February 20, 2003, Item 11, Ord 7088-03 and Ord 7089-03 During the above referenced meeting, Senior Planner, Gina Clayton stated that the Land Use Amendment referenced above was consistent with the surrounding area. Since 'The Village on Island Estates" town homes, (240 Windward Passage), are zoned Medium Residential and IThe Pools at Windward Passage" town homes, (209 - 229 Windward Passage), are also zoned Medium Residential, the property between, the subject property, "High and Dry Marina", (202 Windward Passage), currently being considered for High Density Residential, is not consistent with the abutting properties. Your consideration is appreciated. Please also consider the current developer's current project requirement does not demand High Density Residential zoning, allowing a potential 1301 building height. Medium-High Density Residential, allowing a potential 50' building height is a perfect fit for the developers and the quality of life for all citizens. Sincerely, John Ricci 240 Windward Passage #303 Clearwater, FL 33767 3/612003 MAR-03-2003 14:42 P.01/01 3 Marcb 2003 COPIES TO' COMMISSION Dear Mayor Brian Aungst and Corornissioners Grey, Jonson, Hamilton, and ~d MAR 0 3 2003 , . PRESS CLERK I ATTORNEY R.e: High & Dry Marina Sale - Zoning Change I am a resident of the Village On Island Estates and would like to express my opinion to you. The proposed zolling change from commercial to residential should be to medium density, 001 high density. We are the nearest neighbors to the proposed project and the zoning should be the same. Furthennore, ftom what the developer stated he wants to build a meclium density classification will accommodate his needs. Developers have a habit of coming up with an initial rendering that is pleasing to all. Their final :;ite plan can be quite different and fuur stories turnS into ten. A medium density wiIJ. prevent escalation. I also have a couple of comments about the '~ reading discussion"'. The Developer rubbed several village residents the wrong way implying he was really going to build upscale units superior to those existing in the area and improve the value of the neighborhood. The Village is not exactly a ghetto. Finally, I l't~ question the validity ofStafrs Traffic Study showing this project will reduce tra1fk. The study used text book values for commercial vs. residential It is flawed because High & Dry is not a Publix or a Target. On the average a boat owner usage ofhis boat is amnzmgly low. Their boats stay in port with only a small percentage of owners using them. enough to justiJY the coast. Please comider the existing residents wishes and the lOgic of the situation and opt for a medium cknsity classification. ~ ...!lOr,.. ,,\e~~e prep , Igl"lotur8. tor the Moyor s S c:c' CitV commlss\on ;....-'h dote! -a lO Sincerely, ~ry~tJ Unit 1203 240 Windward Passage TOTAL P.01 Mariano. Marc From: Sent: To: Subject: Clayton, Gina Wednesday, February 05, 20034:16 PM Mariano, Marc FW: High and Dry on Island Way Passage Could you put this in the high and dry file? -----Original Message----- From: Hall, Bob Sent: Friday, December 20,20028:36 AM To: Clayton, Gina Subject: RE: High and Dry on Island Way Passage Permit Plan indicates three previous noise complaints 1995 and 2 in 1999, a couple of sign complaints, and some inoperative vehicles. We would not have information on traffic as there is no code we would enforce on traffic. -----Original Message----- From: Clayton, Gina Sent: Thursday, December 19, 2002 6:14 PM To: Hall, Bob Subject: High and Dry on Island Way Passage Do we have any complaints/history of complaints about the noise, traffic, etc. (anything) about the High and Dry storage marina on Island Estates? I need this information for a land use plan amendment and rezoning. Gina L. Clayton Long Range Planning Manager (727) 562-4587 gc layton@clearwater-fl.com 1 Page 1 of 1 Mariano, Marc To: Harry S. Cline (E-mail) Cc: surg3456@aol.com Subject: FW: luz 2002-11011 /high&dry windward passage Harry, With this letter from Joseph Gaynor, the High and Dry application will come off of -----Original Message----- From: Top Drawer Collections [mailto:tdrawer@tampabay.rr.com] Sent: Monday, January 20, 2003 12: 11 PM To: Attorneyweb@c1earwater-fl.com Cc: mmariano@c1earwater-fl.com Subject: luz 2002-11011/high&dry windward passage I am Joseph Gaynor, the President of the Pools at Windward Passage Homeowners Association Inc. at 211-229 Windward Passage, Clearwater,FI 33767.0ur Association is against the rezoning and land plan amendment of the High & Dry from CG to HDR and RH. WE believe that this type of high density will adversely effect the neighborhood with respect to traffic,parking,noise, and privacy.We want to be a part of the overall design of the project with respect to parking,setbacks,landscaped buffers,vistas,waste disposal and exterior lighting.Since I am both a real estate lawyer and developer I am amazed the project manager has not taken the time to meet with us before any public hearing was scheduled. We are not anti-development but we do not want any surprises. You may want to advise the future owner that we want to see the quality of their previous projects, their designs,color schemes, and type of materials they intend to use.1 will not be able to attend the CDS meeting, however a small turnout will not be any indication of our concerns or interests. OFFICE 727-736-8500 or CELL 727-243-8887 I@ fE rT"0Ill [:7 I,; (.' IfLr: 2 ' ~~--- !! ! PI t---_ ' U1., I : " '----_.. H ~! f '~' ( ~_",,_2' ".~i ---_J 1 j") 1 j") 001 . The property owner of High and Dry Marina Inc, located at 202 Windward Passsage, has requested a Land Use Plan amemdment from CG to RH and a zoning Amendment from the C District to the HDR District. . Currently the 1.83 acre site is occupied by a high and dry storage marina facility with 306 berths used for vessel storage, maintenance and service. If approved the applicant is proposing to replace the high and dry facility with multi-family dwellings. -4f . Currently under the CG land use plan designation the site would allow 44 residential units at 24 dwelling units per acre. If approved the Residential High future land use plan designation would allow 55 residential units at 30 dwelling units per acre. ,1 _ OtACI ~ 1\ac ~t1~(.l..1 ~((rrdh) LIoI fill) Ct1v()l 'tf',wc>\ by P~rl'~". t>tt~: . While approval of the land use plan amendment would increase the bY CAI'-"'Mi6"./~ maximum number of developable residential units in the Coastal High C') (I..~~). Hazard Area by 11, it should be noted that the City Commission has just approved on first reading a land use plan amendment for the Pools at Windward Passage, directly to the south of the subject site, that would decrease the maximum potential of residential dwellings from 24 dwelling units per acre to 15 dwelling units per acre. With the 0.87 acre site that is a decrease from 20 dwelling units to 13 dwelling units, and only 11 units are actually built on that site. . If this request is approved, the total density increase in the Coastal High Hazard Area, considering both requests would be only four units. ~ . When compared to the maximum development potential of the eXlstmg Commercial General (CG); the Residential High (RH) future land use plan category and the proposed use of application will decrease the existing capacity of any of the surrounding roadways and will not have a negative efft(ct on the segments level of service. . This decrease would positively effect the evacuation routes for the Memorial Causeway corridor. . The proposed use of the subject site in the HDR District and RH land use plan category makes the site more compatible with the surrounding properties and neighborhood. While a marina facility may be a desired use in the community, the traffic impacts and noise associated by the peak use on Saturdays and Sundays severally conflicts with the residential nature of the surrounding area, while the. visual and noise impacts generated by the . servicing of vessels at a marina facility also degrades the quality of the surrounding area. In addition, the amount of on-site parking spaces available to accommodate the 306-berth high and dry marina facility can require patrons to utilize on-~treet parking in the surrQunding neighborhood during 'the most desirable boating days. . If you IOQk at the map, you can see that the RH land use plan category has been designated for much of the property in the surrounding area. The department would like to see the 3 finger associated with the south east of Island Estates grow consistently with the Residential High Cleisignation. CD ~ . The planning department recommends approval of the bo~h the land use plan amendment and the rezoning for the site at 202 Windward Passage O),k ,'v\ VJ e l.s(' ~, - t _j\M~~' C,,' i"" ~. 'vt\,(.c/ ~,/Jt.J.( ~S -/0 ~~IJc. >tflJl'~(S -1 tt1tt(j'/lA tLf's (fJ 'J~r-... .)~" 1 t,ki ~ P t)1,~I' n Uv! ~(~ y~( .. 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", - '-- 5..\.0 ~ , k '''''I'''''..... - ~ '-',,,cl......,,<~ - 1:>.10..1 \)4GU- c/J oJ ~(I( 1.., · ) ~~ ,,5. l.s c.....t f. -~ "'~e ~ 'f .u..... (. os. "'" ~".t h' ~"'''''''.s4 ~ SO N'\ q a ~ 'k ~~{ t .I.,d, - V v ".. -L Cor ~ (,J( last "t WI "d"".,,- J I'IJ. '" " ... /1 ! , ".s .s-; l- e tf-_. Uc.v t ~ \ C'f)~ 6 ~5 I ~ t. e , ,. f' :) o ,{--/}( Q k Gl~ ~\\c.;(-"-J5 Q~ s-c?.c\c vl ~ ( l\ ~ ~ 5"'" W/crj r j lvI .~ J r 'IV'" ~ f." +1- "" '( .-\If- .~~<' d & ,,~. fl. t s . ~G.(bA1t'j ! /). . - f()vtJ' tftfly "I"""S ~ " .. .,~~ ~..~..~.~~. =...~""'. ~~'-~" ~IDftJJf CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 PLANNING DEPARTMENT February 21,2003 High and Dry Marina, Inc. 202 Windward Passage Clearwater, FL 33767 Re: Zoning Verification, 202 Windward Passage Gentlemen: The subject property (see attached legal description) is currently zoned Commercial District and is consistent with its underlying land use designation of CG, Commercial General Category. (Note: There is a request presently being processed to amend the land use designation to RH, Residential High Category, and to rezone to HDR, High Density Residential District, under Case #LUZ2002-1 101 1.) Attached is a copy of the current Commercial zoning district regulations, as contained within the Community Development Code. The Commercial District sets out uses that are permitted, along with the development standards for each use (including height limitations), as well as the flexibility criteria. While the Commercial General Category provides a maximum density of 24 dwelling units per acre, the Commercial District does not permit attached dwellings. The Commercial District does permit "mixed use" as a Flexible Development request requiring approval by the Community Development Board (CDB). "Mixed use" is defined as "a combination of residential and non-residential uses on a single property." The maximum residential density under the Commercial General Category cannot be achieved due to the reduction of land area associated with the non- residential uses proposed under the "mixed use." The maximum height range for a "mixed use" is 25 - 50 feet. Height is measured from the FEMA required minimum floor elevation. Should the proposed height exceed the maximum stated, the "mixed use" will be required to be processed as a Comprehensive Infill Redevelopment Project to the CDB. As of January 21, 1999, the City adopted the Community Development Code. This change may have created nonconformities, if so they are legal nonconformities and may continue. In the event a structure in which a nonconforming use is located is destroyed or damaged to the extent of less than 50 percent of the assessed value of such structure, the nonconforming use may be re-established if a complete and legally sufficient application for all required permits to repair or restore is submitted within six months of the date ofthe damage. In the event a structure in which a nonconforming use is located is destroyed or damaged to 50 percent or more of the assessed value, these structures may be repaired or restored only if the structure and the use conforms to the standards of this development code for the zoning district in which it is located. Should you have additional questions, please contact Wayne M. Wells, AlCP, Senior Planner (727-562-4504). Zoning designation information is available through the City's web site at www.clearwater-fl.com via the "Clearwater Parcel and Zoning" link. PIf~- Frank Gerlock Development Review Manager S:\Planning Dep4l'1men/IzQninJ! ltr,~\202 WiJldward Passage 2.21.03,doc JjRIAN J. f\UNCiST,-NIAYOR-l,OMMISSIONEI\ WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL]ONSON: COMMISSIONER "PnTIAI 'PAADTnV1\AJ:"l\.I'r A~Tn Ar:n::'ln1l.II''T'nrr Ar"'T'I.........., L'.....u..-..,............Il ~ ... ,...;GAL D.ES(;RIPTlON -UPLANDS: - A P.DR11ON OF LOT.9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK .D, UNIT 5, ISLAND .ESTA1ES.Of .CLEARWATER, TOGETHER WITH A PORTION OF VACA1ED 'DORY PASSAGE AS . RECORD ED ..IN .:PLA"T ~BOOK .'51; PAGEh 34, PU8UC RECORDS OF PINELLAS COUNTY, . .FLDRIDA,'~BEING MO~E -FULLY 'DESCR1B~' .AS 'F'?~WS': . .. . 1. '. . . " BEGINNiNG "AT. THE- SOU1HEAST -CORNER OF SAiD. LOT 12; THENCE 'N4~3'4'''W ALONG'-:lHE .NORTHERLY. RI.GHT-~OF.-WAY" UNE OF' '.WlNDWARD P.~SSAGE. ;A. ..DISTANCE 'OF 32D.OO :fEET TO -1HE ::?OfNT.:QF 'CtJRVAJURE OF:',A 'CURVE TO :THE.RIGHT;' ~NCE ALONG '~SAID cURVE. ~HAVlNJf7A::RADjUS~QF. ~~,OO :F.EET;..:CHORD 31;.62 'fEET 'SEARiN'G N30~57'4""W. 'A DISTANCE OF'.3.2.1~ ':fEEr~':rO:"A 'POINT.OF R~SE. 'CURVE;, , T:HENCE At'ONG 'A CURVE TO,:THE.:1EFT'.HAV1NG.'.A:AADIUS, OF"SO.OO -FEET.,: :CHORD OF 73.14'FEET :BEARING ' . N59:S.1,12~W,' 'A.,.DIS:TANCE 'OF.'-82.:03.':FEET; ,'~.NCE. .:lEAVlNG 'SAID 'lINE,.,Nl6"31"22"W A :.DISTANCE 'OF."120.DO:.FEE.T'1'D._~JHE POINT OF.~CURVA1URE OF ,A ,NON-TANGENT CURVE. ,THENCE::';Al1JNG ..sAID 'CURVE:!:rrr :THE 'RlGHT ':HAVlNG ':A ~l1S DF ,17{).a6~':FEET. A CHORD OF1:P2:.'57.~.FeTA~EARlti~ SI.7~],~~.('~'(:A .,.bISTANCErn:-'.~JS9~O FEET,~,TO'.'A .POINT ,OF . . T ANGENC~,~::._:1HENCE"~;S49'2S~1~E.-::. A ~;f)tS:fANCE'~. 1'80~OO fEET TO,. TH~' POINT. ':CURVATURE ,:-. 'OF :'~'~'~~.J~~1'~THE 'LEFT;. ':'"lH~CE,,:..;AtON'G. 'SAJD CLJR~, ~AVJNG. A-RADJUS..OF: ?O.OO FEET. . , A 'CHORD;,~~7~0S4:~ .SEARlNG, 'S8l:4~22~. -A. 'DI_$f:A~,-qf. 78;-9B :FEET. TO'. It:. .POINT,. . 'SA'D'::;POlNT.-BEJN~'. ~E..SOOTA~'t;CORNER"OF' PHASE' 'fV MLLAGE".ON' ISLANlr:C:STATES, ASRECOROED-:~'~.PLAT':.sOQK:~55.:'PA~,12, PUBLlC'RECORDS ~OF. PfNEllAS 'COUNTY. .FLORIDA- ., "1HENCE..,ALONG';.1HE"SOUiHERlY tJNE:OF SAID, 'VllLAGE::'.QN, :ISlAND ESTA1ES. THE ':FOLlOWlNG' '-iHR~:!3)~~ou.~sE~...?;:'.," '.:.;~,':.<-.'. ,....,... _ ....'.,.. ~ ~. '" .' .... . ........ 1: .S49~'4'1~~,'~A 'OISTANCE..OF.-1'3S:76,.FEET; '. . 2. . S08'2.32~, A DISTANCE' OF 81 ;OS-,:FEET; 'AND .' . 3.. . S~6.t9.W~ A OISTANCE'--QF' '.105~62 )~EET TO, A-POIN;r ON THE NORTHERLY : . .RIGHT ~~ :'.,WA '!.,1~~OF ~ AF~EM~Nl1~ED :Yi1NDWARD PASSAGE;' THENCE' 'ALONG SAIO;~.ciNE N49"'24.09.'W~ A DISTANCE ,OF ,51.00, FEET; . .THENCE S40-:36'19.W." A DrST~CE OF 2q:,00 FEET TO TI-fE POINT OF BEGINNING. CONTAINr~G', ~.83B" .~CRES oR 80,078 SQUARE' FEET MORE OR LESS. CITY COMMISSION MEETING CITY OF CLEARWATER September 18, 2003 Present: Brian J. Aungst Hoyt P. Hamilton Whitney Gray William C. Jonson Frank Hibbard Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also Present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Father James Rousakis, Holy Trinity Greek Orthodox Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 3 - Service Awards One service award was presented to a City employee. 4 - Introductions. Awards and Presentations a) 2003 Legislative Wrap-up - Representative Gus Bilirakis Representative Gus Bilirakis reviewed legislative issues addressed this year. The Mayor presented him a plaque in appreciation of work done during the 2003 legislative session. 5 - Approval of Minutes Commissioner Jonson moved to approve the minutes of the September 4, 2003, meeting, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. 6 - Citizens to be heard re items not on the Aqenda John Wiser recommended using a PST A (Pinellas Suncoast Transit Authority) grant for Jasmine Court bus shelters, and reviewed upgrades to the Countryside area, including volunteers planting new landscaping at the library. Rev. Floyd opposed removing a feeding tube from a comatose patient. Commission 2003-09-18 1 PUBLIC HEARINGS 7 - FY 2003/2004 Annual Budoet Commissioner Hibbard moved to approve the City's FY 2003/2004 annual budget. The motion was duly seconded and carried unanimously. a) Second Reading Ordinance #7187-03 - setting a final millage rate of 5.753 mills for Fiscal Year 2003/04 levied against non-exempt real and personal property within the City. (BU) Ordinance #7187-03 was presented for second reading and read in full. Commissioner Hamilton moved to pass and adopt Ordinance #7187-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. b) Second Reading Ordinance #7188-03 - Annual Operating Ordinance which establishes the City of Clearwater Annual Operating Budget for the 2003/04 Fiscal Year. (BU) Ordinance #7188-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7188-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. c) Second Reading Ordinance #7189-03 - Capital Improvement Ordinance establishing the FY 2003/04 budget and six-year plan for the Capital Improvement Program (CIP) (BU) Ordinance #7189-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7189-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Commission 2003-09-18 2 8 - Public Hearina - Declare as surplus for the purpose of arantina a perpetual Utility Distribution Easement to Proaress Eneray Corporation ("Grantee") a 10-foot wide easement area defined as lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon locations over, across and through a portion Sec. 7-29-16. (PW) The Utility Distribution Easement with Progress Energy is to provide a corridor in which to install a transformer and equipment necessary to supply power to the new Community Sports Complex. The subject easement grants Progress Energy authority 5 feet of each side of all of its distribution lines throughout the project in order to facilitate installation, maintenance, and if necessary, future relocation of such facilities as may be mutually agreed upon between the City and Progress Energy. There are no costs associated with the granting of the easement. Commissioner Hibbard moved to declare as surplus for the purpose of granting a perpetual Utility Distribution Easement to Progress Energy Corporation ("Grantee") a 10- foot wide easement area defined as lying 5 feet each side of Grantee's facilities to be installed at mutually agreed upon locations over, across and through a portion of the Southeast corner of the Northeast 1/4 of Section 7, Township 29 South, Range 16 East, as more specifically described in attachment "A" of said Utility Distribution Easement. The motion was duly seconded and carried unanimously. 9 - Public Hearina - Declare as surplus Lot 37. Blk D. Greenwood Park #2, and offer for sale by invitation for Bid No. 32-03 for residential development at the minimum bid amount of $10,500 subject to special qualifying criteria (PW) The City has determined there is a growing demand for safe, decent, and affordable housing in the North Greenwood Community. The subject lot is located at 1108 Engman Street and zoned MDR (Medium Density Residential. Its proximity to the new Recreation and Aquatic Center, Library, and the Martin Luther King corridor makes it attractive for redevelopment. The 40-foot by 91-foot lot was acquired by the City in September 1998, in lieu of foreclosing a lien placed for violations of the minimum housing code. The minimum bid amount has been established by a July 17, 2003 appraisal performed by Advanced Appraisal Services, Inc. Invitation for Bid 32-03 will require that the successful bidder comply with the following bid criteria: 1) Developer must have at least 10 years experience in developing property for affordable housing purposes; 2) Developer must plan to develop the property for residential purposes; 3) Development team must have the ability to screen potential owners to ensure they are eligible for State and Federal assistance in the event such funding source(s) will be used by the developer; and 4) Developer must be prepared to begin construction no later than January 1, 2004, and in the event State and Federal funds are used in the project, should complete the project not later than January 1, 2006. Commissioner Jonson moved to declare as surplus Lot 37, Block D, Greenwood Park No.2, and offer for sale by Invitation For Bid No. 32-03 for residential development at the minimum bid amount of $10,500, subject to special qualifying criteria. The motion was duly seconded and carried unanimously. Commission 2003-09-18 3 10 - Public Hearino and First Readino Ordinances #7173-03. #7174-03 and #7175-03 _ Annexation. Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zonina Atlas Amendment from County R-3. Sinole-Family Residential District. to City Low Medium Density Residential (LMDR) for property located at 1420 Lime Street (Sunny Park Groves, Blk F, Lot 24, Sec. 23-29-15) (Dawn Simpson). ANX2003-06013 The subject property is located at 1420 Lime Street, on the north side of the street, approximately 730 feet east of Hillcrest Avenue. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the abutting right-of-way not currently within the City limits also be annexed. The subject site is approximately 0.15-acre in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density Residential. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, Countywide Plan, and the Community Development Code; AND 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs and no objections have been raised. On August 19, 2003, the CDB (Community Development Board) reviewed this proposed annexation and unanimously recommended approval. Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 1420 Lime Street (Lot 24, Block F, Sunny Park Groves in Sec. 23-29-15). The motion was duly seconded and carried unanimously. Ordinance #7173-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7173-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #71 74-03 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7174-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. Commission 2003-09-18 4 "Nays": None. Ordinance #7173-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7173-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances 11 - Ordinance #7106-03 - Approve amendments to the Community Development Code as relatinq to Comprehensive Infill Redevelopment Proiects, signage, length of time for Level One (Flexible Standard) and Level Two (Flexible Development) development reviews, clarifies the effect of Level One (Flexible Standard) and Level Two (Flexible Development) approvals, expands minor amendment provisions regarding changes to Level Two development approvals, increases the number of times and under what circumstances Level One (Flexible Standard Development) and Level Two (Flexible Development) approvals can be extended and adds a definition for adopt-a- park signs. (PLD) Ordinance #7106-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7106-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 12 - Ordinance #7153-03 - Approve the Clearwater Downtown Redevelopment Plan. (PLD) Commissioner Hibbard moved to amend Ordinance #7153-03, Exhibit A as follows: amend second paragraph under "Trails," on page 122, as contained in Parks, Open Space and Recreational Amenities Section of Chapter 3, Land Use Plan/Redevelopment Plan as shown below: "In recognizing the importance of providing alternative transportation and recreation opportunities from the mainland to Clearwater beach, the Downtown Plan also supports the creation of the Clearwater Beach Connector Spur. The preferred route would travel from the existing Pinellas Trail west along Turner Street, north on Oak Street to connect with the new Memorial Causeway Bridge, which has a dedicated pedestrian/bike lane. Final determination of the route and its design will be made during the design process, which will include a public education and involvement component." AND Exhibit B as follows: on page 8, amend the exhibit to include streetscape plans for Osceola Avenue and Fort Harrison Avenue, which were missing from the original Draft Downtown Plan, and on page 9, amend the exhibit to include the most current concept plan for Station Square Park. The motion was duly seconded and carried unanimously. Commission 2003-09-18 5 Ordinance #7153-03 was presented for second reading as amended and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7153-03, as amended, on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 13 - Ordinance #7001-03 - land Use Plan Amendment to Residential Hioh (RH) for property at 3021 State Road 590 (Lot 2, South Oak Fashion Square in Sec. 09-29-16) (Bayridge Apartments, LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 (PLD) Ordinance #7001-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7001-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 14 - Ordinance #7002-03 - Rezonina to Medium Hioh Density Residential (MHDR) for property at 3021 State Road 590 (Lot 2, South Oak Fashion Square in Sec. 09-29-16) (Bayridge Apartments, LLC/Advent Realty Ltd. Partnership) LUZ 2002-05004 (PLD) Ordinance #7002-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7002-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 15 - Ordinance #7056-03 - land Use Plan Amendment to Residential Medium (RM) for property at 209-229 Windward Passaoe (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Sec. 08-15-15) (The Pools at Windward Passage Homeowners' Association; Rep. Joseph W. Gaynor) LUZ 2002-09010 (PLD) Ordinance #7056-03 was presented for second reading and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7056-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 16 - Ordinance #7057-03 -Rezonina to Medium Hioh Density Residential/Island Estates Neiohborhood Conservation Overlay District (MHDRlIENCOD) for property at 209-229 Windward Passaoe (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book Commission 2003-09-18 6 118, Pages 63-64 in Sec. 08-15-15) (The Pools at Windward Passage Homeowners' Association; Rep. Joseph W. Gaynor) LUZ 2002-09010 (PLD) Ordinance #7057-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7057-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 17 - Ordinance #7088-03 -Land Use Plan Amendment to Residential Hioh (RH) for property located at 202 Windward Passaqe (Island Estates of Clearwater Unit 5, Block D, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage) (High and Dry Marina, Inc.) LUZ2002-11 011 (PLD) Ordinance #7088-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7088-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Hibbard, and Aungst. "Nays": Jonson. Motion carried. 18 - Ordinance #7089-03 - Zonina Atlas Amendment to Hioh Density Residential (HDR) for property located at 202 Windward Passaoe (Island Estates of Clearwater Unit 5, Block D, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage) (High and Dry Marina, Inc.) LUZ2002-11011 (PLD) Ordinance #7089-03 was presented for second reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7089-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Hibbard, and Aungst. "Nays": Jonson. Motion carried. Commission 2003-09-18 7 Oct.22. 2003 10:!3A.M TBRPC ...................................... g~~~ ~ ~~~~~ ~~~~:::::. '.'. ....::: ::~~~m~~1m~~m~mmmmm~~~ ~ Council Minutes T<1"'p"r,<1V.-x."qh""".I'J"'JJ/ill<<'-~'lIIl.il 9455 Koger Blvd., Suite 219. St. Petersburg, FL 33702 Phone (727) 570-5151 Suncom 513-5066 FAX (727) 570-5118 REPRESENTATIVES PRESENT Chair Barbara Sheen Todd, Pinellas County Vice Chair Commissioner Steve Simon, Pasco County Secretary/Treasurer Conunissioner Jane von Hahmann, Manatee County Mayor Scott Black, City of Dade City Commissioner Clrris Burgess, City of South Pasadena Ms. Anita Castriota, Gubernatorial Appointee, Pasco County Jvlayor Bill Dodson, City of Plant City Mayor Ward Friszolowski, City ofSt. Pete Beach Mr. Housh Ghovaee, Gubernatorial Appointee, Pine lias County Reverend James T. Golden, City of Bradenton Commissioner Frank Hibbard, City of Clearwater Mr. Kenneth Hoyt, Gubernatorial Appointee, Hillsborough County Mr. Robert Kersteen, Gubernatorial Appointee, Pinellas County Commissioner Deborah Kynes, City of Dunedin Commissioner Bob Langford, City of New POlt Richey Councilwoman Virginia Littrell, City of S1. Petersburg J\fayor Mary Maloof, City of Treasure Island Commissioner Bob Matthews, City of Seminole Vice Mayor John Phillips, City of Gulfport Commissioner Jan Platt, HiIlsborough County Mr. Todd Pressman, Gubernatorial Appointee, Pinellas County Councilman Jim Ronecker, City of aids mar Mr. Philip Waller, Gubernatorial Appointee, HiIlsborough County 1 p. 2/~ Agenda Item # I 11/1 0/03 0 c t 0 b e r 1 3 2 0 0 3 10:00 a.m. Oct.22. 2003 IO:!4AM TERPC Ms. Pat Whitesel, Gubernatorial Appointee, Manatee County Ms. Brenda Arnold, alternate for Ms. Deborah Getzoff, Department of Envirorunental Protection Ml. Watson Haynes, Southwest Florida Water Management District Ms. Michele Miller, Enterprise Florida REPRESENT ATIVES ABSENT Councilwoman Mary Alvarez, City of Tampa Mayor Pro Tern Jim Archer, City of Tarpon Springs Mayor Larry Bustle, City of Palmetto Ms. Jill Collins, Gubernatorial Appointee, Hillsborough County Vice lvlayor Harriet Crozier, City of Largo Ms. Wilhelmina Curtis, Gubernatorial Appointee, Hillsborough County Councilwoman Jo Jeter, City of Temple TelTace Ms. Lona O'Reilly, Gubernatorial Appointee, Pasco County Ml. Shan Shikarpuri, Gubernatorial Appointee, Pinellas County Councilman Ed Taylor, City of Pine lias Park Vice Mayor Keith Zayac, City of Safety Harbor Mr. Bob Clifford, Florida Department of Transportation OTHERS PRESENT John Healey, Principal Plalmer, Hillsborough County Brian Smith, Planning Director, Pinellas County Kelsi Oswald, Program Supervisor, Pinellas County Warren Smith, Director, Pinellas Co. Utilities, Dept. of solid Waste Operations Don Smith, Director of Development, Child Protection Ed. Of America DOlma Feldman, Attorney Hardy Gillespie, AG Spanos/Project Manager Pat Steed Jennifer Codo-Sdiskey, Consultant to HSRA, PBS&J Andrea Zelman, Attorney, Fowler White Boggs Barbara Leiby, Special Projects Manager, HCCCPC Don Crowell, Asst. Sr. Pinellas County Attorney William Sxcias, Vice President, Aquaticus Lois Korman, Treasure, Aquaticus Richard Korman, President, Aquaticus STAFF PRESENT Mr. Manny Pumariega, Executive Director ~ir. Roger Tucker, Legal Counsel Mr. Avera Wynne, Planning Director Ms. Suzanne Cooper, Principal Planner Ms. Lori Denman, Recording Secretary Mr. Marshall Flynne, Principal Planner Mr. John Jacobsen, Accounting Manager Ms. Betti Johnson, Principal Planner Ml. Bill Lofgren, Principal Planner 2 P, 3,/9 . Oct.22. 2003 lu:14,~M TBRPC p. 4/9 Ms. Wren McAllister, Manager of Admin.!Public Information Mr. John Meyer, Principal Planner Mr. Greg Miller, Planner Ms. Rebeca Searcey, Planner Mr. Gerald Smelt, Principal Planner Ms. Jessica White, Research Planner Ms. Sue Young, Planning Secretary Call to Order - Chair Todd The regular meeting of the Tampa Bay Regional PlalUling Council was called to order by Chair Todd on October 13,2003 at 10:05 a.m. The Invocation was given by Mr. Ken Hoyt, followed by the Pledge of Allegiance. Roll Call - Recording Secretary A quorum was present. There were no voting conflicts. Chair Todd referred Council members to the Future of The Region Call for Entries in the Council folders. The Annual Future ofthe Region Awards competition is now underway. Last year there were 50 entries and Chair Todd encouraged each to share the Call for Entries with anyone that has projects deserving recognition. 1. Approval of Minutes - Secretary/Treasurer von Hahmann The minutes from the September 8,2003 meeting were approved. (Black/Kersteen). 2. Budget Conunittee -Secretary/Treasurer von Halunann A. The Financial report for the period ending 08/31/03 was approved. (Kersteen/Black). 3. Consent Agenda - Chair Todd The Consent Agenda was approved. (Hibbard/Dodson). Mr. Todd Pressman, Pinellas County Gubernatorial Appointee, filed a Voting Conflict Form 8B in connection with Consent Agenda Item #3.H.5., DCA #03-1, City ofSt. Petersburg, and refrained from voting on this item. 4. Item(s) Removed from Consent Agenda, Addendum Item(s) or Any Other Item Requiring COWlCiJ Discussion Consent Agenda Item #3.F.3., Annual Report Sununary, DRI #114, Downtown Cruise Ship Terminal, City of Tampa, was removed fi'om the agenda for further review and will be considered by Council at a later date. Consent Agenda Item #3.H.5., Local Government Comprehensive Plan Proposed Amendment Report, DCA#03-1, City of S1. Petersburg, was pulled for further discussion. Mayor Ward Friszolowski requested staff address the concern of the proximity to landfill. Gerald Smelt, Govenunental Services Coordinator, presented a report on the City of 81. Petersburg's proposed text amendment LGCP-2004-0 1. He stated that as originally submitted. the proposed amendment was found to be consistent with the Council's Strategic Regional Policy Plan (SRPP). Subsequent to Council mail out, additional information was received fi'om Pinellas County which. upon closer examination, raised extra-jurisdictional issues of 3 Oct,22, 2003 IO:15AM TBRPC p, 5/9 I.) .., compatibility with the County's solid waste incinerator. Based on this new information. Council staff revised the report to find proposed teAt amendment LGCP-2004-01 inconsistent with the SRPP. Pursuant to Council staff policy, the report contained direction as to how the City could mitigate this finding. Mr. Smelt concluded by directing Council to a letter from the City responding to the staff report. Mr. Dave Goodwin, Assistant Director, Development Services Department, City ofSt. Petersburg, then presented the City's position on the proposed tel\t amendment. He was followed by Mr. Warren Smith, Director, Pinellas County Solid Waste who explained the County's objections to the introduction of residential development adjacent to a future landfill site. Lengthy discussion followed as to the merits of the amendment and the problems which might arise. Mr. Brian Smith, Pinellas County Plmming Director spoke as to the planning issues with the proposed text amendment identified by the County. Mayor Rick Baker, City of S1. Petersburg, gave a brief history of the site in question and why the amendment was important to the City, Commissioner Jan Platt made a motion to amend the stafl'report to simply state that the proposed text amendment was not consistent with the SRPP and delete the mitigating language. After discussion, the motion failed IOta 12. Motion to approve the stafl'report as originally submitted. (von HahmannlGolden). Two descending votes. tAddendu~the Consent Aget'i'da: L~al Government Comprehensive Plan Review- Su6SequentSubmissioiL Item#'4...\., the City of Clearwater submitted an Adopted Amendment Report, DCA #03-1, which was received subsequent to the October mail-out. Due to timing established by DCA, it is necessary to consider the amendment. Addendum to the Consent Agenda: Local Government Comprehensive Plan Review- Subsequent Submission. Item #4.8., the City of Seminole submitted a Proposed Amendment Report, DCA #03-1, which was received subsequent to the October mail-out. Due to timing established by DCA, it is necessary to consider the amendment. Motion to approve addendum Items #4.A. and #4.B. (Whitesel/Phillips). 5, Review Hem(s) for Discussion - None. 6.A. Homeland Security, City of Sf. Petersburg Mayor Baker stated that after September 11th, he attended a conference in Washington, D.C. Other attendees included the Attorney General, the Director of Homeland Defense, the FBI Director and the Mayors of the major cities acros.') the nation, The topic ofthe conference was the new type of conflict in the nation which has not been seen before. Instead of having the military respond, the police departments, fire departments, and EMS responded. They are at the tront line ofthis type of cont1ict. Instead of military type weapons, virtually anything can become a weapon. Anything that can be thought of within our communities that has a potential of causing mass dev~'<tation can be a weapon. Returning from this conference, cities across the nation formed Homeland Security Teams which includes police departments, fire departments, hazardous materials, and EMS. The City o[St. Petersburg has a Weapons of Mass Destruction program which meets on a monthly basis. Two serious issues learned at the conference were the communication problem between agencies, local, state and national; and, security ofthe various facilities that could provide this kind of mass destruction. The City of S1. Petersburg updated and amended their existing emergency plan. The emergency plan was good for hurricanes and natural disasters but it did not address terrorism. The City had a massive, pro-scale chemical exercise at the Bayfront Center with the First Responding 4 . OC1.22. 200:) 1~:!7AM TBRPC P. 6/~ Agencies to address what would happen ifthere was a chemical attack, how we work together as a region, and how we work with the medical facilities within the community. The City also had a tabletop smallpox exercise, a tabletop chemicallbiological terrorism exercise and again, on a regional basis, held various types of exercises in order to prepare. We learned early on the difficulty that the various types of facilities had in communicating among themselves and between themselves. We have worked on the communication within our city, and with the other state and federal agencies. We participate in Homeland Security headed by the FDLE. To talk about the specifics of those items I would like to introduce Police Chief Charles Hannon and Fire Chief James Callahan. Police Chief Harmon stated that from law enforcement, as a region, we are under prepared, even though a lot has been done in the city. Information is being shared like never before and gets disseminated much more quickly. Law enforcement still has a couple of statewide 8 channel radios, but it is difficult to talk to other agencies and takes a massive event for this to happen. At the state level, they are looking at the major targets throughout the state. We have found a lot of property in the City of St. Petersburg that have nuclear medicine and other things that we didn't know about. We now have a manual on file and information can be accessed on the internet, on a secure website. Local hospitals in our communities are a type of first responder, as well as the police, fire, EMS and Hazmat. Weare trying to and motivate them to get prepared. HUlTicanes are a blessing in disguise because there are outstanding plans about how to respond to emergencies and we have added to those plans. Fire Chief Callahan stated that a couple of things that came from 9/11 was the fact that the police and fire had to learn to conununicate with each other. In the City of S1. Petersburg there was communication between the field personnel but not between the Chiefs. This is something that the Mayor identified and as a group, we came together. The city is unique in that the first responders are the police, fire, EMS, and Hazmat. The Homeland Security Task Force that the Mayor pulled together had their first meeting within a week of9/11. The Fire Depaltments and Police Departments have been working in Hazmat since 1999-2000. We got our first grant in 1999 to start working on weapons of mass destruction. In the year 01'2000, we received a $280,000 grant that started us on the training the Mayor talked about, and the tabletop exercises. You can't play well unless you train well and you practice well. We were able to get a $600,000 grant for the City o[St. Petersburg and the County. We put the STARS program into eife,,'! in every hospital in Pinellas County, except for 2 or 3 that are not on board. We also bought radios for every hospital in Pinellas County. Our goal is to have those folks pick up the radio and get in touch with fire and EMS and/or emergency management. That was a lesson that was learned fi'om an exercise that was done at the Bayfront Center. The hospital was the first service that came. in and they identified what was happening even before the folks at the scene did, but had no way of communicating. We have worked very hard with the hospitals providing them with decontamination gear and have been involved in the process of training these folks to be able to respond. The most important thing is the coordination and communication. Mayor Baker thanked Chair Todd for the opportunity to appear before Council and stated he appreciated the hard work Council does on a regular basis. 5 . Oct.22. 2003 10:18AM TBRPC P. 7/9 Chair Todd stated she is looking forward to seeing the county and the city work together in building a comprehensive county and region initiative. Chair Todd introduced Ms. Hilary Sessions, the mother of Tiffany Sessions who was abducted from the University of Florida on February 4, 1989 and since then Ms. Sessions has been a vocal advocate of missing children. She knows how important forensic information is for law enforcement investigations since she was not prepared with the necessary information on her daughter. Taken out of order due to time constraints. lO.B. At the June 9, 2003 meeting, Council awarded a site completion contract to Caladesi Construction Company, the lowest responsive bidder, but failed to include the landscaping/irrigation element in the amount as bid. Authorize the Chair to include the landscaping/irrigation element in the June 9, 2003 bid award, in the amount 01'$55,195. (Kersteen/Kynes). 6.B. Child Protection Education of America Ms. Hilary Sessions, Program Specialist for Child Protection Education of America, gave a presentation and provided information on a new interactive CD-Rom for children and parents entitled "Be Alert, Prepared. Safe." Child Protection Education of America is the 2nd largest national missing children organization. There are currently over 500 active cases at the center. The organization assists parents and law enforcement with publicity of each case, primarily through photograph distribution. Also, speakers are provided to schools, civic organizations, and community meetings. Ms. Sessions handed out a Fingerprinting Packet containing the CD-Rom, Programs and Safety Tips for Parents, and a sample Identification Card. For more information, their website is: ww'w.find-mi~sing.childJ~n.oq~. Ms. Sessions suggested ways the RPC could help support the organization. An individual school needs to be found, and authorization needs to be obtained to run a test program. Another helpful item would be joint fund raising, joint grants from FDLE and the federal government. Chair Todd requested a few Council members get together and see ifthey can come up with any ideas, suggestions or assistance for this organization. Secretary/Treasurer von Hahmann stated she would take the infomlation to her county, to Children's Services and to the Children's Summit where every year 10-15,000 children attend. She further stated she wasn't sure how the Regional Council could go out and act on this other than submitting the information to the School Boards at the Education Roundtable, October 24. Chair Todd requested staff, Commissioner Platt, Secretary/Treasurer van Hahmann, and Commissioner Kynes get an informal ad hoc group together and come up with some ideas and ways that Council could be of assistance to the Child Protection Education of America. Commissioner Kynes stated that the City of Dunedin has a school liaison person from their commission. She suggested taking the information to the school liaison person and ask them to make it happen. 7. Council Members' Comments 8. Program Reports A. Agency on Bay Management ( ABM) - Mayor Mary Maloof, Chair 6 . Oct.22. 2003 10:19M1 TBRPC F. 8/9 Council was referred to a written summary ofthe two meetings held on October 9th. The nexl meeting of the Agency on Bay Management will be Thursday, November 13. Tentatively on the agenda are the recommendations of the Piney Point Task Force; a discussion ofthe findings and recommendations concerning the dredged hole at Whiskey Stump Key in eastern Hillsborough Bay; bird nesting on the restored Port Manatee spoil islands; and the Coastal America Restoration Partnership. B. Clearinghouse Review Committee (CRC) . No Report. C. Local Emergency Planning Committee (LEPC) The Tampa Bay LEPC met on September 24 and a recap of that meeting was included in your mail-out packet. Staff attended the quarterly SERC meetings on October 2-3 and a recap is located in Council folders. Three changes coming about are: US Department of Transportation, through the Transportation Security Agency, will produce new rules regarding who can obtain certification on their cornnlercial driver's license to cany hazardous materials. There will be extensive background checks and no felony convictions will be pernlitted. DOT is testing state ofthe art equipment which will provide trucks and railroads ,vith sophisticated on -board computers, some leading edge technology such as retina scans before a key could be turned to either open cargo doors or start the engine, and 27/7 tracking system tecImology through satellite sensors. Changes are being proposed in Risk Management Plans to permit the public to have fi-eer access to those plans without compromising the sensitive data. Since the last LEPC meeting, hospital training has continued and will continue throughout 2004. The multi-jurisdictional biennial LEPC exercise will take place at Tropicana, in Bradenton, on Tuesday November 4. There will be training sessions for exercise participants in the morning and the aftemoon ""ill have a PowerPoint driven tabletop exercise designed around a scenario involving hazardous materials. The Port of Tampa Ammonia Siren Warning briefing will be presented to the Davis Islands Neighborhood Association on November 25. There will be a meeting to discuss the protocols for sounding the alarm and under what conditions. Staff is continuing the current cycle of hazards analyses, conducting site visits this month and early next month. The first 30 analyses are due to the State by November 2,2003. The next LEPC meeting will be held on Wednesday, November 19. D. Emergency Management Ms. Betti Johnson stated that in the interest of time, she will provide her report at the November meeting. Commissioner Frank Hibbard, upon his departure, invited Council to attend the Jazz Holiday in Clearwater, October 18-19. E. Legislative Committee - Commissioner Deborah Kynes, Chair The Regional Roundtable on Education is being held on October 24th at 11 :00 a.Ill. and Commissioner Kynes encouraged Council to RSVP in order to plan lunch. She requested Mr. Pumariega and Ms. McAllister anange a meeting for the Legislative Committee, sometime during the last week of October, if possible. The constitutional amendment petition fOflll which established that before a local government may adopt 7 . Oct,22, 2003 10:21AM TBRPC p, ~/9 a new comprehensive land use plan or amend a comprehensive land use plan, the proposed plan or amendment shall be subject to vote of the electors by referendum, following preparation by the locai planning agency. The FRCA Advisory Committee decided not to take action on the Local Government Plan Constitutional Amendment because any position, at this time, could give it life and recognition. Secretary/Treasurer von Hahmann stated that the Florida Association of Counties took the same stance as FRCA, not wanting to give recognition to this amendment. She received a letter written by Steve Seibert, past Secretary of DCA and asked if anyone would like a copy. The letter contains a good explanation of the actual consequences outside of what they may see as good coming from this amendment. Secretary/Treasurer von Hahmann stated she would fax the letter to TBRPC for distribution. Mr. Pumariega stated that FRCA did elect to draft a position statement in case we need to take action in the future. F. Regional Planning Advisory Committee (RPAC) - No Rep0l1. 9. Executh:e/Budget Committee Report - Chair Todd - No Report. 10. Other Cowlcll Reports A. Building RepOIt- Manny Pumariega, Executive Director Mr. Pumariega stated that the Building Budget Synopsis and the Building Time Line were included in the mail-out. Chair Todd appointed the Nominating Committee to choose the officers for next year. The committee members are: Ms. Pat Whitesel, Ms. Wilhelmina Curtis, Mr. Bob Kersteen, Mayor Scott Black, and Councilman Bob Matthews. The conunittee will be meeting to select a slate of officers and will bring to our November meeting for approval. 11. Chair's Report - Chair Todd Since our last Council meeting, Manny and I have given the presentation to the City of South Pasadena and the City of Tarpon Springs. There are five more scheduled in October and three in November. Chair Todd extended thanks to Marshall Flynn for assisting them. 12, Executive Director's Report - Manny Pumariega - None. Next Meeting - November 10, 2003 - Council Conference Room Events Calendar located in Council folders. Adjournment 12:07 p.m. Lori Demnan, Recording Secretary Barbara Sheen Todd, Chair 8 MINUTES OF THE MEETING OF THE PINELLAS PLANNING COUNCIL MARCH 19, 2003 The Pinellas Planning Council met in regular session in the County Commission Assembly Room, Pinellas County Courthouse, 315 Court Street, Clearwater, Florida, at 9:02 A.M. with the following members present: Robert DiNicola, Chairman, City of Indian Rocks Beach Mayor Robert Jackson, Vice-Chairman, City of Largo Mayor Frank DiDonato, Treasurer, City of Tarpon Springs Mayor Calvin D. Harris, Secretary, County Commissioner Pete Bengston, City of Seminole Councilmember Jerry Beverland, City of Oldsmar Mayor Thomas De Cesare, City of Madeira Beach Mayor Bill Foster, City of St. Petersburg Councilmember Jane Gallucci, School Board Member Bob Hackworth, City of Dunedin Vice-Mayor Hoyt Hamilton, City of Clearwater Commissioner Nadine S. Nickeson, City of Safety Harbor Commissioner Absent: Sandra L. Bradbury, City of Pin ell as Park Councilmember Also Present: David P. Healey, Executive Director, Pinellas Planning Council (PPC) Jewel White Cole, Senior Assistant County Attorney April Collins, PPC Staff Michael Crawford, PPC Staff Theresa Goodman, PPC Staff Lynda Waldron, PPC Staff Other interested individuals Carol J. Jones, Board Reporter 1 AGENDA I. CALL TO ORDER A Invocation and Pledge B. Identification of Members Present II. CONSENT AGENDA A Minutes of February 19, 2003 Meeting B. Financial Statement for February 2003 III. REPORTS/OTHER ACTION A Countywide Planning Authority Actions - March B. Annexation Report - February C. Plan and Code Amendment Manual Update - Preliminary Draft D. Legislative Update IV. PUBLIC HEARING - To begin at 9:30 AM. 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 #CW03-19: Clearwater 2. Case #CW03-20: Clearwater 3. Case #CW03-24: Pinellas County 4. Case #CW03-25: City of Largo 5. Case #CW03-26: City of Largo 6. Case #CW03-27: City of Largo 7. Case #CW03-28: City of Largo 8. Case #CW03-29: City of Largo Group 2: Regular Amendments 9. Case #CW03-21: City of Clearwater 10. Case #CW03-39/03-22: City of Clearwater 11. Case #CW03-23: Pinellas County C. PPC Operating Procedures - Final Draft D. Vested Rights Ordinance - Final Draft V. EXECUTIVE DIRECTOR ITEMS A Renewal of Audit Contract B. Redevelopment Project: 1. Phase II, Part A - Opportunities Summit Report 2. Phase II, Part B - Agreement Authorization C. Work Program and Budget Preparation - Schedule for 2003-2004 D. Annexation by Referendum Advisory Review Guidelines - Preliminary Draft E. Conflict Resolution Process - Status Report F. Preliminary April Agenda G. Verbal Reports VI. OTHER COUNCIL BUSINESS A Chairman/Member Items B. Correspondence VII. ADJOURNMENT 2 March 19,2003 March 19,2003 CALL TO ORDER Chairman DiNicola called the meeting to order at 9:02 A.M. INVOCATION AND PLEDGE The Invocation was given by Mayor Jackson, following which he led the Pledge of Allegiance to the Flag. IDENTIFICATION OF MEMBERS PRESENT Pursuant to the request of Chairman DiNicola, a roll call was taken in which the members introduced themselves. CONSENT AGENDA - APPROVED Mayor Jackson moved, seconded by Commissioner Nickeson and carried, that the Consent Agenda, consisting ofItem II, A. and B., be approved as follows: A. Minutes of February 19,2003 Meeting B. Financial Statement for February 2003 REPORTS AND OTHER ACTION A. Countywide Planning Authority Actions - March - ReceivedlDiscussed Mr. Healey reviewed the action taken by the Countywide Planning Authority (CPA) at its March 4, 2003 meeting; and noted that the CPA had approved the PPC recommendations for the seven plan amendments as submitted. B. Annexation Report - Februarv - ReceivedlDiscussed Mr. Crawford reported that 31 voluntary annexation petitions had been reviewed and approved during the month of February comprising approximately 10.5 acres and $2.1 million in value; and noted that since Ordinance No. 00-63 became effective, 531 petitions have been reviewed and approximately 1,100 acres of property voluntarily annexed. 3 March 19,2003 Mr. Healey noted that pursuant to the Council's direction to expand upon the 2002 Annual Summary of V oluntary Annexations, staff is working on the report and it will be presented at the April meeting. Alluding to a deadline by which annexations could be filed and apply to the existing year tax roll, Mayor Jackson indicated that the City of Largo has petitioned the courts to render a determination, and invited other interested municipalities to join in the process. C. Plan and Code Amendment Manual Update - Preliminary Draft - ReceivedlDiscussed Mr. Crawford presented an overview of the preliminary Plan and Code Amendment Manual Update, a copy of which has been filed and made a part of the record; and he indicated that the Department of Community Affairs (DCA), legal staff, and the Planners Advisory Committee (PAC) have been asked to review the document; and that the fmal product will be presented at the April meeting. D. Legislative Update - Discussed/Adopted PPC Resolution No. 03-3 to be forwarded to State Legislature in opposition to proposed telecommunications legislation. (SB 14560/HB 1307) Mr. Healey presented an update on pending legislation, a copy of which has been filed and made a part of the record, and referred to a proposed telecommunications bill which if approved would preempt local government zoning authority for cell towers and create a right to use for the wireless industry to place cellular facilities on local government- owned land. He noted that a draft resolution in opposition to the bill has been prepared and included in the agenda packet for the Council's consideration. * * * * At this time, 9: 19 A.M., Commissioner Hamilton left the meeting. * * * * Vice-Mayor Hackworth moved, seconded by Mayor Beverland and carried, that Resolution No. 03-3 be adopted in opposition to passage of State legislation which preempts, limits or has the effect of preempting or limiting legitimate and permissible local government zoning and other forms of land use regulation of personal wireless service facilities (Vote 11-0). 4 March 19, 2003 * * * * Chairman DiNicola deviated from the agenda and directed, there being no objection, that inasmuch as it is not yet 9:30 A.M., the Council will address "Executive Director Items" under agenda Item V as time permits. * * * * EXECUTIVE DIRECTOR ITEMS A. Renewal of Audit Contract - Discussed/Authorized Negotiation to Extend Contract Mr. Healey indicated that the current three-year audit contract with Grant Thornton has expired; and that the agreement will need to be renewed or a request for proposals initiated; whereupon, Mayor Jackson moved, seconded by Mayor Beverland, that staff be authorized to negotiate a proposal for renewal of the contract to audit financial statements and records for one three-year term with Grant Thornton. Mayor De Cesare noted his preference to solicit proposals; whereupon, Mr. Healey suggested that should the Grant Thornton proposal not be consistent with the previous contract, requests for proposals can be sought at that time. * * * * At this time, 9:22 A.M., Commissioner Hamilton returned to the meeting. * * * * Upon call for the vote, the motion carried by a vote of 11 to 1, with Mayor De Cesare casting the dissenting vote. C. Work Program and Budget Preparation - Schedule for 2003-2004 - Received Mr. Healey presented the proposed annual Work Program and Budget Schedule for Fiscal Year 2003-2004, a copy of which has been filed and made a part of the record. 5 March 19,2003 E. Conflict Resolution Process - Status Report - Received Mr. Healey indicated that an impasse had been reached during the last meeting of the parties involved in the conflict resolution process with regard to the amendment of the annexation planning area boundaries; that the next step in the process is for the elected officials of each of the participating parties to meet; and that the current mediator Judge Horace Andrews has indicated that he is not available during the timeframe targeted to schedule the joint meeting. Referring to information contained in the agenda item's backup material, he indicated that former Pinellas County Commissioner and Florida Department of Community Affairs (DCA) Secretary Steve Seibert had not been acceptable to all parties as an alternate mediator for the process; and that Judge Andrews will be approached again concerning his schedule to conform with an acceptable meeting date for the joint meeting. F. Preliminary A{)ril Agenda - Received Mr. Healey outlined highlights of the preliminary April agenda; a copy of which has been filed and made a part of the record. G. Verbal Reports Mr. Healey reported that he had met with the Barrier Islands Government Committee and the Tampa Bay Beaches Chamber of Commerce to discuss Coastal High Hazard Area (CHRA) issues; that the information had been received positively; that both amendments relative to Madeira Beach and Indian Rocks Beach have been approved by the Department of Community Affairs (DCA); and that the next step in the process is to meet with the DCA to discuss local plan amendments consistent with the current countywide plan map. Mr. Healey reminded the Council of the upcoming wireless workshop scheduled for 8:00 A.M., Friday, March 21 at the Harborview Center in Clearwater. * * * * Chairman DiNicola deviated from the agenda and directed, there being no objection, that inasmuch as the public hearings have been scheduled for 9:30 A.M., the Council will address the balance of the Executive Director items following the public hearings. * * * * 6 March 19,2003 PUBLIC HEARINGS A. Public Hearing Format Announcement and Oath Upon request by Chairman DiNicola, all persons planning to give testimony were duly sworn by the Board Reporter. GROUP 1: SUBTHRESHOLD AMENDMENTS PUBLIC HEARING: CASE #CW 03-19, PROPOSAL BY THE CITY OF CLEARWATER TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL TO RESIDENTIAL/OFFICE GENERAL - OFFICIALLY ACCEPTED Pursuant to legal notice published in the March 2, 2003 issue ofthe Pinellas edition of The Tampa Tribune as evidenced by affidavit of publication filed with the Clerk, public hearing was held on Case #CW 03-19, a proposal by the City of Clearwater to amend the Countywide Future Land Use Plan from Commercial General to ResidentiaVOffice General, re 0.84 acre located at the northeast comer of Drew Street and Anna Avenue. Mr. Healey called attention to an aerial photograph and land use map to indicate the location of the area. heard. No one appeared in response to the Chairman's call for persons wishing to be Commissioner Harris moved, seconded by Mayor Jackson and carried, that Case #CW 03-19 be officially accepted (Vote 12-0). PUBLIC HEARING: CASE #CW 03-20, PROPOSAL BY THE CITY OF CLEARWATER TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL TO RESIDENTIAL MEDIUM - OFFICIALLY ACCEPTED Pursuant to legal notice published in the March 2,2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by affidavit of publication filed with the Clerk, public hearing was held on Case #CW 03-20, a proposal by the City of Clearwater to amend the Countywide Future Land Use Plan from Commercial General to Residential Medium, re 0.87 acre located on the southwest side of Windward Passage, 310 feet north of Marina Way. Mr. Healey called attention to an aerial photograph and land use map to indicate the location of the area; and noted that the City of Clearwater will be requesting an 7 March 19,2003 amendment on another parcel located across the street from the subject site later in the meeting. heard. No one appeared in response to the Chairman's call for persons wishing to be Commissioner Harris moved, seconded by Mayor Jackson and carried, that Case #CW 03-20 be officially accepted (Vote 12-0). PUBLIC HEARING: CASE #CW 03-24, PROPOSAL BY PINELLAS COUNTY TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM PRESERVATION TO RESIDENTIAL/OFFICE LIMITED - OFFICIALLY ACCEPTED Pursuant to legal notice published in the March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by affidavit of publication filed with the Clerk, public hearing was held on Case #CW 03-24, a proposal by Pinellas County to amend the Countywide Future Land Use Plan from Preservation to Residential/Office Limited, re 0.72 acre located on the northeast comer of U.S. Alternate Highway 19 and Blue Moon Boulevard. Mr. Healey called attention to an aerial photograph and land use map to indicate the location of the area. heard. No one appeared in response to the Chairman's call for persons wishing to be Commissioner Harris moved, seconded by Mayor Jackson and carried, that Case #CW 03-24 be officially accepted (Vote 12-0). PUBLIC HEARING: CASE #CW 03-25, PROPOSAL BY THE CITY OF LARGO TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL TO RESIDENTIAL/OFFICE GENERAL - OFFICIALLY ACCEPTED Pursuant to legal notice published in the March 2,2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by affidavit of publication filed with the Clerk, public hearing was held on Case #CW 03-25, a proposal by the City of Largo to amend the Countywide Future Land Use Plan from Commercial General to Residential/Office General, re 3.44 acres located on the east side of Highland Avenue North, 230 feet north of East Bay Drive. 8 March 19,2003 Mr. Healey called attention to an aerial photograph and land use map to indicate the location of the area; and stated that the amendment is required to correct an inconsistency between the respective Countywide and City Future Land Use Maps. heard. No one appeared in response to the Chairman's call for persons wishing to be Commissioner Harris moved, seconded by Mayor Jackson and carried, that Case #CW 03-25 be officially accepted (Vote 12-0). PUBLIC HEARING: CASE #CW 03-26, PROPOSAL BY THE CITY OF LARGO TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM RESIDENTIAL MEDIUM TO RECREA nON/OPEN SPACE - OFFICIALLY ACCEPTED Pursuant to legal notice published in the March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by affidavit of publication filed with the Clerk, public hearing was held on Case #CW 03-26, a proposal by the City of Largo to amend the Countywide Future Land Use Plan from Residential Medium to Recreation/Open Space, re 1.50 acres located 1,960 feet south of East Bay Drive and 1,610 feet west of Starkey Road. Mr. Healey called attention to an aerial photograph and land use map to indicate the location of the area; and stated that the amendment is required to correct an inconsistency between the respective Countywide and City Future Land Use Maps. heard. Noone appeared in response to the Chairman's call for persons wishing to be Commissioner Harris moved, seconded by Mayor Jackson and carried, that Case #CW 03-26 be officially accepted (Vote 12-0). PUBLIC HEARING: CASE #CW 03-27, PROPOSAL BY CITY OF LARGO TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM RESIDENTIAL MEDIUM TO RESIDENTIAL LOW MEDIUM - OFFICIALLY ACCEPTED Pursuant to legal notice published in the March 2,2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by affidavit of publication filed with the Clerk, public hearing was held on Case #CW 03-27, a proposal by the City of Largo to amend the Countywide Future Land Use Plan from Residential Medium to Residential Low Medium, re 8.65 acres located on the west side of Sea crest Drive and north and south sides ofBamsdale Drive, Camelot Drive, and Sherwood Drive. 9 March 19,2003 Mr. Healey called attention to an aerial photograph and land use map to indicate the location of the area; and stated that the amendment is required to correct an inconsistency between the respective Countywide and City Future Land Use Maps. No one appeared in response to the Chairman's call for persons wishing to be heard. Commissioner Harris moved, seconded by Mayor Jackson and carried, that Case #CW 03-27 be officially accepted (Vote 12-0). PUBLIC HEARING: CASE #CW 03-28, PROPOSAL BY THE CITY OF LARGO TO AMEND THE FUTURE LAND USE PLAN FROM RESIDENTIAL MEDIUM TO RESIDENTIAL URBAN; W ATER/DRAINAGE FEATURE OVERLAY - OFFICIALLY ACCEPTED Pursuant to legal notice published in March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by affidavit of publication filed with the Clerk, public hearing was held on Case #CW 03-28, a proposal by the City of Largo to amend the Countywide Future Land Use Plan from Residential Medium to Residential Urban, Water/Drainage Feature Overlay, re 8.28 acres located on the north and south sides of Sherwood Drive and east and west sides of Jody Court and Debby Court. Mr. Healey called attention to an aerial photograph and land use map to indicate the location of the area; and stated that the amendment is required to correct an inconsistency between the respective Countywide and City Future Land Use Maps. No one appeared in response to the Chairman's call for persons wishing to be heard. Commissioner Harris moved, seconded by Mayor Jackson and carried, that Case #CW 03-28 be officially accepted (Vote 12-0). PUBLIC HEARING: CASE #CW 03-29, PROPOSAL BY THE CITY OF LARGO TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM INSTITUTIONAL TO INSTITUTIONAL; W A TER/DRAINAGE FEA TURE OVERLAY - CONTINUED TO THE APRIL 16,2003 MEETING Pursuant to legal notice published in the March 2,2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by affidavit of publication filed with the Clerk, public hearing was held on Case #CW 03-29, a proposal by the City of Largo to amend the Countywide Future Land Use Map from Institutional to Institutional, Water/Drainage 10 March 19,2003 Feature Overlay, re 5.37 acres located 110 feet south of 122nd Avenue North, 695 feet east of V onn Road. Mr. Healey called attention to an aerial photograph and land use map to indicate the location of the area; and stated that the amendment is required to correct an inconsistency between the respective Countywide and City Future Land Use Maps. In response to the Chairman's call for persons wishing to be heard, Tim Ferguson, Administrator, First Baptist Church of Indian Rocks appeared, and being duly sworn, voiced his concerns. Following discussion, Commissioner Harris suggested deferring the case for 30 days in order to allow Mr. Ferguson the opportunity to meet with the City of Largo to alleviate his concerns. Commissioner Harris moved, seconded by Mayor Jackson and carried, that Case #CW 03-29 be temporarily deferred to the April 16, 2003 meeting (Vote 12-0). GROUP 2: REGULAR AMENDMENTS PUBLIC HEARING: CASE#CW 03-21, PROPOSAL BY THE CITY OFCLEARW ATER TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL TO RESIDENTIAL HIGH - APPROVED Pursuant to legal notice published in the March 2,2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by affidavit of publication filed with the Clerk, public hearing was held on Case #CW 03-21, a proposal by the City of Clearwater to amend the Countywide Future Land Use Plan from Commercial General to Residential High, re 1.83 acres located on the northeast side of Windward Passage, 230 feet north of Marina Way. Ms. Goodman presented the staff report including background information and planning considerations, which has been filed and made a part of the record; and referring to aerial photographs and maps, pointed out the location of the site and the surrounding land uses. She indicated that the intent of the amendment is to allow for the redevelopment of an aging boat storage facility with a use that is consistent with the surrounding residential developments; and that although the existing Commercial General category allows residential uses up to a density of 24 dwelling units per acre, the proposed Residential High category allows a maximum density of 30 units per acre or 11 units more than would now be allowed on the site. She reported that although the site is located in the Coastal High Hazard Area (CHHA), its proximity to an evacuation route mitigates the increase in density; and that the Planners Advisory Committee (PAC) unanimously voted to recommend approval of the requested amendment and PPC staff concurs with that recommendation. 11 March 19,2003 Gina Clayton, City of Clearwater Planning Department, indicated that the City is requesting the amendment due to the fact that the City's zoning code does not permit the development of residential uses on the site even though the underlying land use category does; and that with the completion of the new Memorial Causeway Bridge, the level of service in the evacuation area will go from C to B. Responding to queries from Mayor Jackson, she replied that the City does not have an ordinance that requires park land dedication relative to the down zoning of property. Harry S. Cline, Esq., Clearwater, representing the landowner, pointed out that approval of the request would provide the benefit of an enhanced tax base to the community. In response to the Chairman's call for persons wishing to speak in opposition to the request, the following individuals appeared and voiced their concerns: John Richey, Island Estates Albert Seike, Island Estates In rebuttal, Ms. Clayton indicated that the Residential High category is compatible with surrounding land uses; and that the site is zoned Commercial General and could be developed with a hotel at 40 units per acre with a greater building height allowance. Responding to queries by the members, Commissioner Hamilton indicated that the Residential High designation was approved by the City to afford flexibility should an additional six to eight feet in height be necessary; and that it was clearly explained to the representative and the property owners that any request for a greater variance will not be approved during the site plan process. Following discussion and input by Mr. Healey, Commissioner Harris moved, seconded by V ice-Mayor Hackworth, that Case #CW 03-21 be approved as recommended by staff. Upon call for the vote, the motion carried by a vote of 11 to 1, with Mayor Jackson casting the dissenting vote (Vote 11-1). 12 March 19,2003 PUBLIC HEARING: CASE #CW 03-22 (02-39), PROPOSAL BY THE CITY OF CLEARWATER TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM RESIDENTIAL SUBURBAN, PRESERVATION, W ATER/DRAINAGE FEATURE TO RESIDENTIAL LOW, PRESERVATION, W ATER/DRAINAGE FEATURE - APPROVED Pursuant to legal notice published in the March 2,2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by affidavit of publication filed with the Clerk, public hearing was held on Case #CW 03-22 (02-39), a proposal by the City of Clearwater to amend the Countywide Future Land Use Plan from Residential Suburban, Preservation, Water/Drainage Feature to Residential Low, Preservation, Water/Drainage Featur1 re 22.18 acres located on the east side of Chautauqua Avenue, from 103 feet south of 2n Avenue North to 2nd Avenue South. Mr. Healey provided background information with regard to the site and indicated that in September 2002 the Council had recommended denial of the request by a 6 to 5 vote; that when the case was heard by the Countywide Planning Authority (CPA), the City asked for a continuance; and that the CPA granted the continuance for the purpose of allowing the City to develop additional information and work with the applicant; and that the Board of County Commissioners (BCe) directed that the case be remanded back to the PPC for consideration. He noted that a request has been received from the attorney representing several of the adjacent property owners to continue the hearing as he is unable to attend. Following discussion of the continuance request by Attorney Figurksi, Councilmember Foster moved, seconded by Mayor Beverland, that Case #CW 03-22 be continued. Following further discussion, upon call for the vote, the motion failed 2 to 10, with Chairman DiNicola, Mayor Jackson, Commissioner Harris, Councilmember Bengston, Mayor De Cesare, Mayor DiDonato, School Board Member Gallucci, Vice-Mayor Hackworth, Commissioner Hamilton, and Commissioner Nickeson casting the dissenting votes (Vote 2-10). Ms. Goodman presented the staff report including background information and planning considerations, which has been filed and made a part of the record; and indicated that the new application contains a proposal by the City of Clearwater to extend Chautauqua Avenue north to Enterprise Road; and that it will be funded jointly by the City and the developer, Rottlund Homes. In response to queries by the members as to the traffic mitigation achieved by extending Chatauqua Avenue, Mr. Healey stated that it will improve the access to the proposed development and provide a safer and more direct access to U.S. Highway 19, however, he does not foresee a significant impact with regard to decreased traffic volume on U. S. Highway 19. Responding to queries by Vice-Mayor Hackworth and Mayor De Cesare, he indicated that the subject property has been annexed by the City of Clearwater and is 13 March 19,2003 subject to its concurrency management provisions; and that the access to Chautauqua Avenue would appear to mitigate some of the concerns with the flow of traffic to the south. In response to additional traffic mitigation queries by the members, Gina Clayton, City of Clearwater Planning Department, indicated that no objections have been raised by the Department of Community Affairs (DCA) or the Florida Department of Transportation (FDOT); that the City has addressed the concerns expressed by the PPC with regard to traffic and neighborhood impacts; and that by extending Chautauqua A venue north to Enterprise Road through City park land provides the best transportation mitigation for the project. She noted that the developer has met with the neighborhood, shown a conceptual site plan, and discussed the extension of Chautauqua A venue; and that the Residential Low category of five units per acre on property adjacent to commercial general is a compatible land use. Robert Pergolizzi, Florida Design Consultants, project planner for the developer, presented an overview of the proposed development which included traffic studies and level of service reports. Responding to queries by the members, Rottlund Homes Vice-President Michael Willenbacher appeared and stated that the inside units in the townhouse development are to be 1,740 square feet and the outside units will be 1,970 square feet. Harry S. Cline, Esq., representing the property owner, observed that all concerns previously expressed by the Council have been addressed; and that the proposed plan amendment represents an ideal transition from commercial to residential. In response to the Chairman's call for persons wishing to speak in favor of the application, Ed Hooper, Clearwater, appeared and voiced his support. Referring to queries by School Board Member Gallucci, Jewel White Cole, Senior Assistant County Attorney, advised that vehicle parking or storage would not be permitted on the subject property under the County's residential zoning regulations. In response to the Chairman's call for persons wishing to be heard in opposition to the application, the following individuals appeared and expressed their concerns: Don Sutton, Clearwater Thomas C. Signor, Clearwater Brian and Linda L Gangelhoff, Clearwater Charles C. Carter, Clearwater Steve McConihay, Clearwater Maryann Carter, Clearwater Marsha Silvera, Clearwater Donna Silvera, Clearwater 14 " Clearwater, Florida, April 1, 2003 The Board of County Commissioners in and for the County of Pinellas met in regular session in the County Commission Assembly Room, Pinellas County Courthouse, 315 Court Street, Clearwater, Florida, at 9:32 A.M. on this date with the following members present: Karen Williams Seel, Chairman; Susan Latvala, Vice- Chairman; Barbara Sheen Todd; Robert B. Stewart; Calvin D. Harris; John Morroni; and Kenneth T. Welch. Absent: None. Also present: Susan H. Churuti, County Attorney; Stephen M. Spratt, County Administrator; C. R. Short, Chief Deputy Clerk; and MaryAnn Penhale, Board Reporter. Attorney Churuti pronounced the Invocation which was followed by the Pledge of Allegiance to the Flag led by Commissioner Welch. AGENDA INVOCATION PLEDGE OF ALLEGIANCE to the Flag of the United States of America PRESENT A TIONS & AWARDS A. CITIZENS TO BE HEARD Any Person Wishing to Speak at this Time (Excluding Issues on the Agenda or Previously Acted on by the BCe) Must Have a Card Filled Out and Turned in to Staff at the Administrative Table Located at the Front of the Board Room. B. SCHEDULED PUBLIC HEARINGS The Procedure Used by the Board of County Commissioners in Conducting Public Hearings is to Have a Staff Presentation Followed by the Applicant Presenting the Specific Proposal. The Board Will Then Hear Comments From the Proponents Followed by Comments From the Opponents and a Staff Summary. The Applicant Will Then be Given an Opportunity to Close and the Board of County Commissioners Will Decide on the Matter. Please Refer to the Back of Your Agenda Copy for More Details on Guidelines for Time Limitations and Opportunities to Speak. SCHEDULED PUBLIC HEARINGS - BCC 1. TEFRA Public Hearing on Proposed Issuance of Pinellas County Industrial Development Authority Revenue Bonds in an Aggregate Principal Amount Not to Exceed $2,700,000.00 for Family Resources, Inc. 4980 April 1 , 2003 COUNTYWIDE PLANNING AUTHORITY Consideration of the Following Proposals to Amend the Adopted Countywide Future Land Use Plan: SUBTHRESHOLD AMENDMENTS 2. a. Case #CW 03-19 - Clearwater. Location - 0.84 Acre Located on the Northeast Comer of Drew Street and Anna Avenue. Amendment from Commercial General to Residential/Office General. b. Case #CW 03-20 - Clearwater. Location - 0.87 Acre Located on the Southwest Side of Windward Passage, 310 Feet North of Marina Way. Amendment from Commercial General to Residential Medium. c. Case #CW 03-24 - Pinellas County. Location - 0.72 Acre Located on the Northeast Comer of U.S. Alternate Highway 19 and Blue Moon Boulevard. Amendment from Preservation to Residential/Office Limited. d. Case #CW 03-25 - Largo. Location - 3.44 Acres Located on the East Side of Highland Avenue North, 230 Feet North of East Bay Drive. Amendment from Commercial General to Residential/Office General. e. Case #CW 03-26 - Largo. Location - 1.50 Acres Located 1,960 Feet South of East Bay Drive, 1,610 Feet West of Starkey Road. Amendment from Residential Medium to Recreation/Open Space. f Case #CW 03-27 - Largo. Location - 8.65 Acres Located on the West Side of Seacrest Drive and North and South Sides of Barnsdale Drive, Camelot Drive, and Sherwood Drive. Amendment from Residential Medium to Residential Low Medium. g. Case #CW 03-28 - Largo. Location - 8.28 Acres Located on the North and South Sides of Sherwood Drive and the East and West Sides of lody Court and Debby Court. Amendment from Residential Medium to Residential Urban; Water/Drainage Feature Overlay. h. Case #CW 03-29 - Largo. Location - 5.37 Acres Located 110 Feet South of 122nd Avenue North, 695 Feet East of Vonn Road. Amendment from Institutional to Institutional; Water/Drainage Feature Overlay. REGULAR AMENDMENTS 3. a. Case #CW 03-21 - Clearwater. Location - 1.83 Acres Located on the Northeast Side of Windward Passage, 230 Feet North of Marina Way. Amendment from Commercial General to Residential High. 4981 April 1, 2003 b. Case #CW 02-39/03-22 - Clearwater. Location - 22.18 Acres Located on the East Side of Chautauqua A venue, From 103 Feet South of 2nd Avenue North to 2nd Avenue South. Amendment from Residential Suburban; Preservation; Water/Drainage Feature to Residential Low; Preservation; Water/Drainage Feature. c. Case #CW 03-23 - Pinellas County. Location - 0.14 Acre Located on the West Side of Belcher Road, 80 Feet South of 14th Avenue Southeast. Amendment from Residential Low to Residential/Office Limited. COUNTYWIDE RULES AMENDMENT 4. Consideration of PPC Resolution No. 03-2, Consisting of a Proposed Amendment to the Adopted Rwes Concerning the Administration of the Countywide Future Land Use Plan, Providing for the Creation of a Process and Criteria for the Determination of Vested Rights. WATER AND NAVIGATION Pursuant to the Provisions of Chapter 31182, Laws of Florida (1955), as Amended, it is the Policy of the Pinellas County Water & Navigation Control Authority that all Persons Giving Testimony on Matters Relating to Application for Dredge, Fill, or Dock Permits do so Under Oath. If You Wish to Make Statements or Give Testimony Concerning any of the Water & Navigation Items, Please be Prepared to Stand and Take the Oath When Requested to do so by the Clerk. 5. Multi-Use Dock Application M32262-02, Villaggio at Tierra Verde Owner's Association, Inc., c/o Island Path, LLC, 600 Pinellas Bayway Bowevard, Tierra Verde. 6. Commercial Dock Application CA30543-0l/Revised-B, Frank Chivas aIkIa Salt Rock Grill, 19325 Gulf Bowevard, The Narrows, Indian Shores. 7. Private Dock Application P32446-02, Thomas and Suzanne Inzina, 405 Buttonwood Lane, Clearwater Harbor, Largo. 8. Dredge and Fill Application D/F-1384, City of St. Petersburg, 45th Avenue Drainage Canal, Smacks Bayou, St. Petersburg. 9. Dredge and Fill Application D/F-1187, City of Tarpon Springs, 11 Locations in and Around the Anclote River, Tarpon Springs. C. CONSENT AGENDA CLERK OF THE CIRCUIT COURT 10. Approval of Minutes - Regular Meetings of March 4 and March 11, 2003. 11. Reports: a. Dock Fee Report for the Month of February 2003. 4982 April I, 2003 b. Determination of Arbitrage Rebate Liability for Year Seven Dated November 8, 2002 for $63,620,000.00 Pinellas County, Florida, Water Revenue and Refunding Bonds, Series 1995. c. Pinellas County Property Appraiser Financial Statements for the Year Ended September 30,2002, Together with Independent Auditor's Report. d. Investment Report for the Quarter Ended December 31,2002. e. City of Safety Harbor Fire District Budget Summary FY 2003-2004. f Gandy Fire District Budget Summary FY 2003-2004. g. Tierra Verde Fire District Budget Summary FY 2003-2004. h. Transcript of Closing Documents for the $86,580,000.00 Pinellas County, Florida, Sewer Revenue Bonds, Series 2003 Dated January 8, 2003. 12. Other Approvals a. General- None. b. Vouchers and Bills Paid. 13. Miscellaneous Items to be Received for Filing: a. City of Belleair Beach Resolution No. 2003-01, Adopted March 3, 2003, Supporting a Pinellas County Ordinance Regarding Sale and Use of Fireworks. b. City of Clearwater Notice of Public Hearings Regarding Annexation, Land Use Plan, Zoning Atlas and Rezoning Amendments, Regarding Ordinances Nos. 7107-03 through 7117-03, to be Held May 1, 2003. c. City of Gulfport Notice that Ordinance No. 2002-19, Adopted December 3, 2002, was Approved in a Referendum Election Held March 4, 2003. d. City of Largo Notice of Annexation Hearings Regarding Ordinances Nos. 2003-44 through 2003-48, and 2003-56, 2003-57 and 2003-60, Held March 11, 2003 and March 18,2003, Respectively. e. City of Oldsmar Resolution No. 2003-12 Adopted February 18, 2003, Supporting a Pinellas County Ordinance Regarding Sale and Use of Fireworks. f Correspondence from the City of Pinellas Park Regarding Two Ordinances Voluntarily Annexing Certain Property, Public Hearing Held March 27, 2003. g. City of Safety Harbor Notice of Proposed Annexation Regarding Ordinance No. 2003-02, Public Hearing Held March 17,2003. 4983 April I , 2003 h. City of St. Petersburg Notice of Public Hearing Regarding Tangerine Avenue Blight Study and Proposed Creation of Tangerine Avenue Community Redevelopment Area, Held March 13,2003, Pursuant to Chapter 163.346, Florida Statutes. i. Eastlake Oaks Community Development District Minutes of Meeting Held December 4, 2002. j. One Item Related to Dock, Pier and Wharf Construction Contract Bonds. COUNTY ADMINISTRATOR Public Works 14. Approval of Award of Bids for: a. Ridgecrest Park Fishing Pier. b. Park Boulevard Bridge Control House Strengthening. 15. Release of Sureties and Acceptance of Easements. Utilities 16. Approval of Award of Bids for: a. 15" - 42" Sewer Interceptor Cured In Place Pipe Lining. b. Meter Boxes (COOP). Other Departments 17. Approval of Recommendation to Declare a County Owned Vehicle as Surplus and Authorize the Sale (Purchasing). 18. Approval of Recommendation to Declare Various Items of County Owned Equipment as Surplus and Authorize the Sale (Purchasing). 19. Approval of Recommendation to Declare Miscellaneous County Owned Equipment as Surplus, Authorize the Sale as Scrap Material, and Remove Stolen Items from the County Fixed Asset Inventory (Purchasing). D. REGULAR AGENDA 20. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court). 4984 April!, 2003 COUNTY ADMINISTRATOR Public Works 21. Approval of the Offer to Sell Real Property for the Bear Creek Channel Improvement Project, Declare the Structure as Surplus and Authorization to Donate, Sell or Demolish the Structure Thereon and Dispose of any Personal Property. 22. Approval of Change Order No.1 (Final) for the Year 2001 Resurfacing Contract. 23. Approval of a Request for a Quitclaim Deed Submitted by Curlew Baptist Church. 24. Adoption of a Resolution Authorizing the Transfer to the City of Oldsmar, by County Deed, the County's Interest in a Portion of Pine Avenue North Right-of-Way, from Forest Lakes Boulevard to Brooker Creek Preserve. 25. Approval of a Memorandum of Agreement with the Florida Department of Environmental Protection, Division of Recreation and Parks for the Honeymoon Island Beach Restoration Proj ect. 26. Approval to Execute an Agreement to Provide Professional Engineering Services for the Keystone Road to U.S. Highway 19 East Lake Road Improvement Project. Utilities 27. Adoption of a Resolution to Authorize Revisions to the Pinellas County Water System Policy Manual. 28. Adoption of a Resolution Authorizing the Expenditure of Solid Waste Funds for the Purchase of Refreshments and Door Prizes Associated with the 2003 Recycle Regatta. 29. Approval ofan Award of Bid for Two-Inch Galvanized Water Main Replacement. 30. Approval of a Joint Project Agreement with Florida Power Corporation for Interruptible General Service at the South Cross Bayou Water Reclamation Facility. Other Departments 31. Approval to Donate a Single-Family Condominium Unit to Catholic Charities Community Development Corporation, a Non-Profit Organization (Community Development). 32. Approval of the First Round of Neighborhood Enhancement Grant Projects (Community Development). 33. Approval of an Agreement to Acquire Parcel No. 08/30/15/70470/100/1604, Vacant Property within the Dansville Redevelopment Area (Community Development). 34. Approval of a Partial Release of Lien for Parcel No. 08/30/15/70470/100/1605, Improved Property within the Dansville Redevelopment Area (Community Development). 4985 April I, 2003 35. Approval of the Demolition of Unsafe Structures Located at 5330 - 31 sl Street North III Unincorporated S1. Petersburg (Environmental Management). 36. Approval of the Demolition of Unsafe Structures and the Clearing of the Property Located at 5790 61s1 Street North in Unincorporated S1. Petersburg (Environmental Management). 37. Approval of the Purchase Authorization for Vehicles, 2003 (Fleet Management). 38. Approval of Award of Bid for the Chemical Water Treatment Services Program (General Services). 39. Approval of Amendment No.2 to the Agreements for Ongoing Design Professional Services (General Services). 40. Approval of a Donation of Approximately 27 Acres of Land Adjacent to the Brooker Creek Preserve (General Services). 41. Adoption of a Resolution to Appropriate Earmarked Receipts for a Particular Purpose in the FY 2003 General Fund as Requested by the Sheriff (Management and Budget). 42. Approval of the Ranking of Firms and Authorization for Staff to Negotiate with the Number One Ranked Firm for Passenger Ferry Boat Service at Fort DeSoto Park (Park Department). 43. Approval of Award of Bid for Maintenance for Laser Printers (Purchasing). 44. Approval of Award of a Sole Source Contract with Sonitrol for Security Monitoring Services (Purchasing). 45. Approval of Authority to Advertise a Public Hearing on Proposed Revisions to the Purchasing Ordinance Relating to Small Purchases (Purchasing). 46. Adoption of an Amendment to Resolution No. 00-54 Authorizing the Expenditure of County Funds for the Cost of Meals for Members of the Social Action Funding Advisory Board (Social Services). 47. Approval of the First Option of Renewal with Albertson's, Inc. for Pharmacy Services (Social Services). 48. Other Administrative Matters. COUNTY ATTORNEY 49. Authority for County Attorney to Defend: a. BA Mortgage, LLC, etc., v. Brett Pokorny, etc., et al - Circuit Civil Case No. 03-811-CI- 11 - Mortgage Foreclosure Involving a Subordinate Mortgage. b. Bank of America v. James T. Murray, et al - Circuit Civil Case No. 03-722-CI-8 - Mortgage Foreclosure Involving Judgments for Attorney Fees and Costs. 4986 April 1, 2003 c. Chase Manhattan Mortgage v. Sean Michael Davis, et al - Circuit Civil Case No. 03-792- CI-7 - Mortgage Foreclosure Involving a Street Lighting Lien. d. First Nationwide Mortgage Corporation v. Annie Daniels, etc., et al - Circuit Civil Case No. 03-853-CI-8 - Mortgage Foreclosure Involving Judgments for Attorney Fees and Costs. e. The Leader Mortgage Company v. Ronald S. Layle, et al - Circuit Civil Case No. 03- 689-CI-5 - Mortgage Foreclosure Involving a Subordinate Mortgage. f Manufacturers and Traders Trust Company v. Wallace Smith, Jr., et al - Circuit Civil Case No. 03-913-CI-ll - Mortgage Foreclosure Involving Judgments for Attorney Fees and Costs and Judgments for Fine and Costs. g. Mortgage Electronic Registration Systems, Inc. v. John E. Brodnax, et al - Circuit Civil Case No. 03-1574-CI-7 - Mortgage Foreclosure Involving a Judgment for Attorney Fees and Costs. h. Mortgage Electronic Registration Systems, Inc. v. Nancy C. Marushia, etc., et al - Circuit Civil Case No. 02-6704-CI-11 - Mortgage Foreclosure Involving a Judgment for Fine and Costs. 1. Suntrust Mortgage, Inc. v. Catherine Britten, etc., et al - Circuit Civil Case No. 03-1568- CI-15 - Mortgage Foreclosure Involving a Judgment for Attorney Fees and Costs. j. Sandra Delancy v. Pinellas County Animal Services - Circuit Civil Case No. 03-1746- CO-39 - Injunction and Writ of Replevin Resulting from Quarantine of Dog Suspected of Biting Human. k. Valentin Ianev v. Everett Rice, as Sheriff of Pinellas County, and Michael Anthony, an Individual- Circuit Civil Case No. 03-690-CI-ll - Allegations of Personal Injury Due to Motor Vehicle Accident. I. Estate of Earlvin Todd Neal, by and through its Personal Representative, Angela Mica Neal v. Pinellas County Sheriffs Office, Everett S. Rice, Individually, and Michael C. Borland, Individually - Case No. 8:03-CV-247-T-17MAP - Allegations of Wrongful Death, Civil Rights Violations and Excessive Force. m. William Sandridge v. Diane Kacmarik, New World Communications of Kansas City, Inc., d/b/a WDAF-TV, Pinellas County Board of County Commissioners through its Members, et aI, the Board of Police Commissioners of Kansas City, through its Members, et al- Case No. 03-0007-CV-2-0DS (U.S. District Court, Western District of Missouri) - Allegations of Violations to Rights of Privacy Secured by Federal and State Statutes. n. Hoover Santos v. Pinellas County, et al - Circuit Civil Case No. 03-1212-CI-19 _ Allegations of Negligence in Personal Injuries as a Result of a Bicycle Fall Incident. 4987 April 1, 2003 o. Stephen J. Spencer and Angela Spencer v. Pinellas County and Green Dolphin Park Condominium Association, Inc., a Not-for-Profit Corporation - Circuit Civil Case No. 03-1349-CI-7 - Claims of Trespass, Private Nuisance, Public Nuisance and Negligence Involving Alleged Damage. 50. Approval of a Contract for Special Counsel Agreement with Bradham, Blevins & Bayliss, P.A. in the Case of Earlvin Todd Neal, by and through its Personal Representative, Angela Mica Neal v. Pinellas County Sheriffs Office, Everett S. Rice, Individually and Michael C. Borland, Individually - Case No. 8:03-CV-247-T-17MAP - Allegations of Wrongful Death, Civil Rights Violations and Excessive Force. 51. Authority for the County to Initiate Litigation against Betty Ruth Martinez for Breach of Promissory Note - Risk Claim No. 99-56086. 52. Authority for the County to Initiate Litigation in the Case of Pinellas County Board of County Commissioners v. Edward Souza and Stephen and Veronica Beard - Risk Claim 02-67451 - Negligence in Operation of a Motor Vehicle. 53. Recommendation of a Settlement in Pinellas County, a Political Subdivision ofthe State of Florida v. Neighborly Senior Services, Inc. - Circuit Civil Case No. 03-125-CI-20. 54. Citizen's Review Board. 55. Adoption of Public Participation and Decorum Rules by Pinellas County. 56. Miscellaneous. E. AUTHORITIES COUNTYWIDE PLANNING AUTHORITY 57. Receipt and Acceptance of the Opportunities Summit Findings Report. 58. Approval of an Authorization to Execute an Agreement with the Pinellas Planning Council for Phase II, Part B Scope of Services. ECONOMIC DEVELOPMENT 59. Approval of a Lease Agreement with KOTW, Inc. at the Young-Rainey STAR Center. F. COUNTY ADMINISTRATOR REPORTS 60. None. 4988 April I, 2003 G. COUNTY COMMISSION 61. Approval of an Appointment to the WorkNet Pinellas Board of Directors. 62. Approval of an Appointment to the Old Gandy Bridge Oversight Committee. 63. Miscellaneous. ADJOURNMENT * * * * PROCLAMATION DECLARING WEEK OF APRIL 7 THROUGH APRIL 11, 2003 AS PUBLIC HEALTH WEEK Chairman Seel presented a proclamation declaring the week of April 7 through April 11, 2003 as Public Health Week to Dr. John P. Heilman, Director, Pinellas County Health Department. PROCLAMATION DECLARING APRIL 2003 AS CHILD ABUSE PREVENTION MONTH Chairman Seel presented a proclamation declaring April 2003 as Child Abuse Prevention Month to John Sanguinett, Chairperson, Abuse, Neglect and Dependency Committee, Juvenile Welfare Board. PROCLAMATION DECLARING WEEK OF APRIL 6 THROUGH APRIL 13, 2003 AS NATIONAL COUNTY GOVERNMENT WEEK Chairman Seel presented a proclamation declaring the week of April 6 through April 13, 2003 as National County Government Week to Norman Roche, Chairman, Employees' Advisory Council. 4989 April 1, 2003 PROCLAMATION DECLARING WEEK OF MAY 4 THROUGH MAY 10, 2003 AS NATIONAL DRINKING WATER WEEK Chairman Seel presented a proclamation declaring the week of May 4 through May 10, 2003 as National Drinking Water Week to Vestina Ford, Utilities Communications Solutions; whereupon, Ms. Ford detailed special activities that will take place during that week. FEDERAL AVIATION ADMINISTRATION (FAA) "FEATHER IN THE CAP" AWARD PRESENTED TO ST. PETERSBURG-CLEARWATER INTERNATIONAL AIRPORT Chairman Seel presented a "Feather in the Cap" award from the FAA recognizing the S1. Petersburg-Clearwater International Airport to Airport Director David M. Metz; whereupon, Mr. Metz recognized Thomas Jewsbury, Richard Lesniak, Richard Rauscher and Nancy Pass. CITIZENS TO BE HEARD John Schestag, Ozona, referenced Clara Barton's struggle to found the Red Cross organization, and stated that he will continue his efforts to expose government corruption. Cathy Corry, Ozona, expressed concern regarding government corruption. # 1 RESOLUTION NO. 03-54 ADOPTED APPROVING ISSUANCE OF NOT TO EXCEED $2,700,000.00 PINELLAS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BONDS (FAMILY RESOURCES, INC. PROJECT), SERIES 2003, PURSUANT TO SECTION l47(f) OF THE INTERNAL REVENUE CODE OF 1986; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE Pursuant to legal notice published in the March 17, 2003 issue of the Hillsborough classified edition of the S1. Petersburg Times as evidenced by publisher's affidavit filed with the Clerk, public hearing (TEFRA) was held re consideration of the 4990 April 1, 2003 proposed issuance of not to exceed $2,700,000.00 Pinellas County Industrial Development Authority Revenue Bonds (Family Resources, Inc. project), Series 2003. Chief Deputy Clerk C. R. Short reported that no correspondence has been received; and that the matter is properly before the Board to be heard. No one appeared in response to the Chairman's call for persons wishing to be heard. County Administrator Stephen M. Spratt recommended that a resolution be adopted approving issuance of not to exceed $2,700,000.00 revenue bonds, Series 2003, by the Industrial Development Authority d/b/a the Pinellas County Economic Development Authority (Family Resources, Inc. project). Commissioner Latvala moved, seconded by Commissioner Morroni, that Resolution No. 03-54 be adopted as recommended by the County Administrator. Upon roll call, the vote was: Ayes: Seel, Latvala, Todd, Stewart, Harris, Morroni and Welch. Nays: None. Absent and not voting: None. # 2a CASE #CW 03-19, PROPOSAL BY THE CITY OF CLEARWATER TO AMEND LAND USE DESIGNATION ON THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL TO RESIDENTIAL/OFFICE GENERAL (SUBTHRESHOLD AMENDMENT) - APPROVED; ORDINANCE NO. 03-20 ADOPTED Chairman Seel noted for the record that the Board is now sitting as the Countywide Planning Authority. Pursuant to legal notice published in the March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by publisher's affidavit filed with the Clerk, public hearing was held on Case #CW 03-19, a proposal by the City of Clearwater to amend the land use designation on the Countywide Future Land Use Plan from commercial general to residential/office general, re 0.84 acre located on the northeast comer of Drew Street and Anna Avenue (subthreshold amendment). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the application has been received; and that the matter is properly before the Authority to be heard. 4991 April 1, 2003 County Administrator Stephen M. Spratt stated that the Pinellas Planning Council (PPC) recommends approval of the proposal; and that staff concurs with the PPC recommendation. No one appeared in response to the Chairman's call for persons wishing to be heard. Commissioner Latvala moved, seconded by Commissioner Todd, that Ordinance No. 03-20 approving Case #CW 03-19 be adopted. Upon roll call, the vote was: Ayes: Seel, Latvala, Todd, Stewart, Harris, Morroni and Welch. Nays: None. Absent and not voting: None. #2b CASE #CW 03-20, PROPOSAL BY THE CITY OF CLEARWATER TO AMEND LAND USE DESIGNATION ON THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL TO RESIDENTIAL MEDIUM (SUBTHRESHOLD AMENDMENT) - APPROVED; ORDINANCE NO. 03-20 ADOPTED Chairman Seel noted for the record that the Board is now sitting as the Countywide Planning Authority. Pursuant to legal notice published in the March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by publisher's affidavit filed with the Clerk, public hearing was held on Case #CW 03-20, a proposal by the City of Clearwater to amend the land use designation on the Countywide Future Land Use Plan from commercial general to residential medium, re 0.87 acre located on the southwest side of Windward Passage, 310 feet north of Marina Way (subthreshold amendment). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the application has been received; and that the matter is properly before the Authority to be heard. County Administrator Stephen M. Spratt stated that the Pinellas Planning Council (PPC) recommends approval of the proposal; and that staff concurs with the PPC recommendation. No one appeared in response to the Chairman's call for persons wishing to be heard. 4992 April 1, 2003 Commissioner Morroni moved, seconded by Commissioner Welch, that Ordinance No. 03-20 approving Case #CW 03-20 be adopted. Upon roll call, the vote was: Ayes: Seel, Latvala, Todd, Stewart, Harris, Morroni and Welch. Nays: None. Absent and not voting: None. # 2c CASE #CW 03-24, PROPOSAL BY PINELLAS COUNTY TO AMEND LAND USE DESIGNATION ON THE COUNTYWIDE FUTURE LAND USE PLAN FROM PRESERVATION TO RESIDENTIAL/OFFICE LIMITED (SUBTHRESHOLD AMENDMENT) - APPROVED; ORDINANCE NO. 03-21 ADOPTED Chairman Seel noted for the record that the Board is now sitting as the Countywide Planning Authority. Pursuant to legal notice published in the March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by publisher's affidavit filed with the Clerk, public hearing was held on Case #CW 03-24, a proposal by Pinellas County to amend the land use designation on the Countywide Future Land Use Plan from preservation to residential/office limited, re 0.72 acre located on the northeast comer of U.S. Alternate Highway 19 and Blue Moon Boulevard (subthreshold amendment). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the application has been received; and that the matter is properly before the Authority to be heard. County Administrator Stephen M. Spratt stated that the Pinellas Planning Council (PPe) recommends approval of the proposal; and that staff concurs with the PPC recommendation. No one appeared in response to the Chairman's call for persons wishing to be heard. Commissioner Latvala moved, seconded by Commissioner Todd, that Ordinance No. 03-21 approving Case #CW 03-24 be adopted. Upon roll call, the vote was: Ayes: Seel, Latvala, Todd, Stewart, Harris, Morroni and Welch. Nays: None. Absent and not voting: None. 4993 April!,2003 # 2d CASE #CW 03-25, PROPOSAL BY THE CITY OF LARGO TO AMEND LAND USE DE SIGNA TION ON THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL TO RESIDENTIAL/OFFICE GENERAL (SUBTHRESHOLD AMENDMENT) - APPROVED; ORDINANCE NO. 03-22 ADOPTED Chairman See! noted for the record that the Board is now sitting as the Countywide Planning Authority. Pursuant to legal notice published in the March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by publisher's affidavit filed with the Clerk, public hearing was held on Case #CW 03-25, a proposal by the City of Largo to amend the land use designation on the Countywide Future Land Use Plan from commercial general to residential/office general, re 3.44 acres located on the east side of Highland Avenue North, 230 feet north of East Bay Drive (subthreshold amendment). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the application has been received; and that the matter is properly before the Authority to be heard. County Administrator Stephen M. Spratt stated that the Pinellas Planning Council (PPC) recommends approval of the proposal; and that staff concurs with the PPC recommendation. No one appeared in response to the Chairman's call for persons wishing to be heard. Commissioner Latvala moved, seconded by Commissioner Harris, that Ordinance No. 03-22 approving Case #CW 03-25 be adopted. Upon roll call, the vote was: Ayes: Seel, Latvala, Todd, Stewart, Harris, Morroni and Welch. Nays: None. Absent and not voting: None. 4994 April I, 2003 # 2e CASE #CW 03-26, PROPOSAL BY THE CITY OF LARGO TO AMEND LAND USE DESIGNATION ON THE COUNTYWIDE FUTURE LAND USE PLAN FROM RESIDENTIAL MEDIUM TO RECREATION/OPEN SPACE (SUBTHRESHOLD AMENDMENT) - APPROVED; ORDINANCE NO. 03-22 ADOPTED Chairman Seel noted for the record that the Board is now sitting as the Countywide Planning Authority. Pursuant to legal notice published in the March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by publisher's affidavit filed with the Clerk, public hearing was held on Case #CW 03-26, a proposal by the City of Largo to amend the land use designation on the Countywide Future Land Use Plan from residential medium to recreation/open space, re 1.50 acres located 1,960 feet south of East Bay Drive, 1,610 feet west of Starkey Road (subthreshold amendment). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the application has been received; and that the matter is properly before the Authority to be heard. County Administrator Stephen M. Spratt stated that the Pinellas Planning Council (PPC) recommends approval of the proposal; and that staff concurs with the PPC recommendation. No one appeared in response to the Chairman's call for persons wishing to be heard. Commissioner Latvala moved, seconded by Commissioner Welch, that Ordinance No. 03-22 approving Case #CW 03-26 be adopted. Upon roll call, the vote was: Ayes: Seel, Latvala, Todd, Stewart, Harris, Morroni and Welch. Nays: None. Absent and not voting: None. # 2f CASE #CW 03-27, PROPOSAL BY THE CITY OF LARGO TO AMEND LAND USE DESIGNATION ON THE COUNTYWIDE FUTURE LAND USE PLAN FROM RESIDENTIAL MEDIUM TO RESIDENTIAL LOW MEDIUM (SUBTHRESHOLD AMENDMENT) - APPROVED; ORDINANCE NO. 03-22 ADOPTED Chairman Seel noted for the record that the Board is now sitting as the Countywide Planning Authority. 4995 April I, 2003 Pursuant to legal notice published in the March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by publisher's affidavit filed with the Clerk, public hearing was held on Case #CW 03-27, a proposal by the City of Largo to amend the land use designation on the Countywide Future Land Use Plan from residential medium to residential low medium, re 8.65 acres located on the west side of Seacrest Drive and north and south sides of Barnsdale Drive, Camelot Drive and Sherwood Drive (subthreshold amendment). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the application has been received; and that the matter is properly before the Authority to be heard. County Administrator Stephen M. Spratt stated that the Pinellas Planning Council (PPC) recommends approval of the proposal; and that staff concurs with the PPC recommendation. No one appeared in response to the Chairman's call for persons wishing to be heard. Commissioner Morroni moved, seconded by Commissioner Harris, that Ordinance No. 03-22 approving Case #CW 03-27 be adopted. Upon roll call, the vote was: Ayes: Seel, Latvala, Todd, Stewart, Harris, Morroni and Welch. Nays: None. Absent and not voting: None. # 2g CASE #CW 03-28, PROPOSAL BY THE CITY OF LARGO TO AMEND LAND USE DESIGNATION ON THE COUNTYWIDE FUTURE LAND USE PLAN FROM RESIDENTIAL MEDIUM TO RESIDENTIAL URBAN AND WATER/DRAINAGE FEATURE OVERLAY (SUBTHRESHOLD AMENDMENT) APPROVED; ORDINANCE NO. 03-22 ADOPTED Chairman Seel noted for the record that the Board is now sitting as the Countywide Planning Authority. Pursuant to legal notice published in the March 2, 2003 issue of the Pine lIas edition of The Tampa Tribune as evidenced by publisher's affidavit filed with the Clerk, public hearing was held on Case #CW 03-28, a proposal by the City of Largo to amend the land use designation on the Countywide Future Land Use Plan from residential medium to residential urban and water/drainage feature overlay, re 8.28 acres 4996 April I, 2003 located on the north and south sides of Sherwood Drive and the east and west sides of Jody Court and Debby Court (subthreshold amendment). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the application has been received; and that the matter is properly before the Authority to be heard. County Administrator Stephen M. Spratt stated that the Pinellas Planning Council (PPC) recommends approval of the proposal; and that staff concurs with the PPC recommendation. No one appeared in response to the Chairman's call for persons wishing to be heard. Commissioner Harris moved, seconded by Commissioner Welch, that Ordinance No. 03-22 approving Case #CW 03-28 be adopted. Upon roll call, the vote was: Ayes: Seel, Latvala, Todd, Stewart, Harris, Morroni and Welch. Nays: None. Absent and not voting: None. # 2h CASE #CW 03-29, PROPOSAL BY THE CITY OF LARGO TO AMEND LAND USE DESIGNATION ON THE COUNTYWIDE FUTURE LAND USE PLAN FROM INSTITUTIONAL TO INSTITUTIONAL AND WATER DRAINAGE FEATURE OVERLAY (SUBTHRESHOLD AMENDMENT) - TEMPORARILY DEFERRED TO MAY 6, 2003 MEETING Chairman Seel noted for the record that the Board is now sitting as the Countywide Planning Authority. Pursuant to legal notice published in the March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by publisher's affidavit filed with the Clerk, public hearing was held on Case #CW 03-29, a proposal by the City of Largo to amend the land use designation on the Countywide Future Land Use Plan from institutional to institutional and water/drainage feature overlay, re 5.37 acres located 110 feet south of 122nd Avenue North, 695 feet east of Vonn Road (subthreshold amendment). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the application has been received; and that the matter is properly before the Authority to be heard. 4997 April I, 2003 County Administrator Stephen M. Spratt stated that the Pinellas Planning Council (PPe) has continued the case to its April 16, 2003 meeting; and that the case will be rescheduled before the Authority on May 6. No one appeared in response to the Chairman's call for persons wishing to be heard. Commissioner Todd moved, seconded by Commissioner Welch and carried, that Case #CW 03-29 be temporarily deferred to the May 6, 2003 meeting. # 3a CASE #CW 03-21, PROPOSAL BY THE CITY OF CLEARWATER TO AMEND LAND USE DESIGNA nON ON THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL TO RESIDENTIAL HIGH (REGULAR AMENDMENT) - APPROVED; ORDINANCE NO. 03-20 ADOPTED Chairman Seel noted for the record that the Board is now sitting as the Countywide Planning Authority. Pursuant to legal notice published in the March 2, 2003 issue of the Pinellas edition of The Tampa Tribune as evidenced by publisher's affidavit filed with the Clerk, public hearing was held on Case #CW 03-21, a proposal by the City of Clearwater to amend the land use designation on the Countywide Future Land Use Plan from commercial general to residential high, re 1.83 acres located on the northeast side of Windward Passage, 230 feet north of Marina Way (regular amendment). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the application has been received; and that the matter is properly before the Authority to be heard. County Administrator Stephen M. Spratt stated that the Pinellas Planning Council (PPe) recommends approval of the proposal; and that staff concurs with the PPC recommendation; whereupon, Pinellas Planning Council Executive Director David P. Healey reviewed the factors considered during the PPC's review of the application; and noted that the PPC found the request consistent with the Countywide Plan rules and policies. In response to query by Commissioner Todd, Mr. Healy indicated that the Countywide Plan speaks to permitted use and intensity of use; and that design of the property including building height and setbacks are addressed at the local government level. 4998 April 1, 2003 City of Clearwater Planning Director Cyndi Tarapani provided additional information relative to the City's site plan review process; whereupon, Attorney Harry Cline indicated that he represents the land owners; and reiterated the comments of Mr. Healey and Ms. Tarapani. In response to the Chairman's call for persons wishing to be heard, Albert Saykee appeared and stated his concerns regarding the potential building height. Following discussion and input by Planning Director Brian Smith regarding Federal Emergency Management Agency (FEMA) requirements, Commissioner Harris moved, seconded by Commissioner Welch, that Ordinance No. 03- 20 approving Case #CW 03-21 be adopted. Upon roll call the vote was: Ayes: Seel, Latvala, Todd, Stewart, Harris, Morroni and Welch. Nays: None. Absent and not voting: None. # 3b CASE #CW 02-39/03-22, PROPOSAL BY THE CITY OF CLEARWATER TO AMEND LAND USE DESIGNATION ON THE COUNTYWIDE FUTURE LAND USE PLAN FROM RESIDENTIAL SUBURBAN, PRESERVATION AND WATERlDRAINAGE FEATURE TO RESIDENTIAL LOW, PRESERVATION AND W A TERlDRAINAGE FEATURE (REGULAR AMENDMENT) DENIED; RESOLUTION NO. 03-55 ADOPTED Chairman Seel noted for the record that the Board is now sitting as the Countywide Planning Authority. Pursuant to legal notice published in the March 2, 2003 issue of the Pine lIas edition of The Tampa Tribune as evidenced by publisher's affidavit filed with the Clerk, public hearing was held on Case #CW 02-39/03-22, a proposal by the City of Clearwater to amend the land use designation on the Countywide Future Land Use Plan from residential suburban, preservation and water/drainage feature to residential low, preservation and water/drainage feature, re 22.18 acres located on the east side of Chautauqua Avenue, from 103 feet south of Second Avenue North to Second Avenue South (regular amendment). Chief Deputy Clerk C. R. Short reported that no correspondence relative to the application has been received; and that the matter is properly before the Authority to be heard. 4999 April 1, 2003 County Administrator Stephen M. Spratt stated that the Pinellas Planning Council (PPC) recommends approval of the proposal; and that staff concurs with the PPC recommendation with the added conditions that should the density amendment be approved, provisions be made to minimize the character change to the area and the long term concurrency policies for U.S. Highway 19 be applied. Pinellas Planning Council Executive Director David P. Healey reviewed the history of the application; and stated that the City of Clearwater proposes to extend Chautauqua Avenue to Enterprise Road in order to address access and safety concerns; whereupon, in response to queries by Commissioners Todd and Stewart, he added that contiguity can be established across a public right-of-way; and that the unincorporated areas to the north and south of the subject site could be annexed into the City of Clearwater upon the request of the property owners. City of Clearwater Planning Director Cyndi Tarapani outlined the City's plan amendment and rezoning requests process; discussed access options; stated that the City believes the proposed improvements to Chautauqua Avenue mitigate the traffic impacts; and that the Department of Community Affairs (DCA) and the Florida Department of Transportation (FDOT) have indicated no objections to the proposal. Attorney Harry Cline stated that he represents the property owner; that the request is compatible with the land use plan; that the traffic issue has been addressed; and that some of the current residents support the project; whereupon, Robert Pergolizzi, Florida Design Consultants, reported on FDOT improvements to U.S. Highway 19 that will improve traffic flow and safety in the area. In response to the Chairman's call for opponents; the following persons appeared and stated their concerns: Gina Signor, Clearwater Brian Ganglehoff, Clearwater Brenda Crum, Clearwater Don Sutton, Clearwater Alluding to the traffic issues raised by the opponents, Ms. Tarapani stated that the proposed access improvements will be park-like in design and include traffic calming measures to discourage cut-through traffic. In response to query by Commissioner Welch, she added that if the site were developed under the current density, 5000 . ~] PINELLAS PLANNING ~~~~ED MAR 04 2003 COUNCIL MEMBERS NOTICE OF PUBLIC HEARING Mayor Robert H. DiNicola, Chm. Mayor Robert Jackson, Ph.D., Vice Chm. PLANNING DEPARTMEN'ayor Frank DiDonato, D.C., Treas. CITY OF CLEARWATERCommissi~ner Calvin D. Harris, Sec. Vice-Mayor Pete Bengston IMPORTANT Mayor Jerry Beverland Council member Sandra L. Bradbury Mayor Tom De Cesare Councilmember Bill Foster School Board Member Jane Gallucci Commissioner Bob Hackworth Commissioner Hoyt Hamilton Commissioner Nadine S. Nickeson FOR February 28,2003 AMENDMENT OF COUNTYWIDE PLAN David P. Healey, AICP Executive Director The Pinellas County Planning Council (PPC) and the Board of County Commissioners, in their capacity as the Countywide Planning Authority (CPA), will conduct public hearings on proposed land use plan amendments to the Countywide Future Land Use Plan (Countywide Plan) for Pinellas County, pursuant to the Rules Concerning the Administration of the Countywide Future Land Use Plan, As Amended (Plan Rules), as identified in the accompanying copy of the Notice of Amendment. Please refer to the case(s) and information pertinent thereto, including the date, time and place of the public hearings, as set forth on the accompanying Notice of Amendment. The noted amendment(s) include property: o for which you have been identified as the owner/representative of record; ~hin the jurisdiction of your local government; o which may be of interest to your local government; If you are an owner/representative or local government with jurisdiction, please also find enclosed for your information and review the following: . The PPC staff recommendation . PPC submission and public hearing procedures. Please note, in particular, that any written materials to be considered at public hearing should be submitted not later than seven (7) days prior to the date of public hearing. Please contact us at (727) 464-8250 with any questions. 600 CLEVELAND STREET, SUITE 850 · CLEARWATER, FLORIDA 33755-4160 TELEPHONE (727) 464-8250 · FAX (727) 464-8212 www.co.pinellas.fl.us/ppc NOTICE OF AMENDMENT OF COUNTYWIDE FUTURE LAND USE PLAN The Pinel/as Planning Council (PPC) and the Board of County Commissioners, in'their capacity as the Countywide Planning Authority (CPA), will conduct public hearings on proposed land use plan amendments to the Countywide Future Land Use Plan ',(Countywide Plan) for Pinel/as County, pursuant to the Rules Concemina the Administration of the Countywide Future Land Use Plan. As Amended (Plan Rules), as set forth below. The PPC public hearing will be held on Wednesday, March 19. 2003. at 9:30 AM. in the Board of County Commissioners Assembly Room, 5th Floor, Pinel/as County Courthouse, 315 Court Street, Clearwater, Florida. The CPA pl'blic hearing will be held on Tuesday, ~slI1, 2093. at 9:qO.A.M.:. in the Board of County Commissioners Assembly Room, 5th Floor, Pinellas County Courthouse, 315 Court Street, Clearwater, Florida. The PPC will make a recommendation to the CPA on proposed amendments to the Countywide Plan, or to other plan categories as determined appropriate, submitted by Pinellas County and the cities of Clearwater and Largo in accordance with Chapter 88-464, Laws of FloridaJ as amended and the Plan Rules. Any amendment that qualifies as a subthreshold amendment will be considered under the official acceptance process and will be approved by the PPC and CPA as subthreshold, unless by majority vote of either board, it is removed from the subthreshold portion of the agenda and continued for consideration as a regular amendment at a later date. Any member of the public or interested person maybe heard at the public hearings with respect to a request to remove a subthreshold amendment for continuation and consideration at a later date. The proposed plan amendments are listed as follows: 4 4) Clearwater From: Residential Suburban; 23.0 East side of Chautauqua #CW 03-22 Preservation; Ave., from 103 ft. south of WaterlDrainage Feature 2nd Ave. N. to 2nd Ave. S. To: Residential Urban; Preservation; WaterlDrainage Feature 5) Pinel/as County From: Residential Low 0.14 West side of Belcher Rd., 80 #CW 03-23 To: Residential/Office Limited ft. south of 14th Ave. S.E. 6) Pinel/as County From: Preservation; 0.72 Northeast comer of U.S. Aft. #CW 03-24 WaterlDrainage Feature Hwy. 19 and Blue Moon To: Residential/Office Limited; Blvd. Preservation; 'WaterlDreainage Feature 7) Largo From: Commercial General 3.44 East side of Highland Ave., #CW 03-25 To: Residential/Office General 230 ft. north of East Bay Dr. 8) Largo From: Residential Medium 1.50 1,960 ft. south of East Bay #CW 03-26 To: Recreation/Open Space Dr., 1,610 ft. west of Starkey Rd. 9) Largo From: Residential Medium 8.65 West side of Seacrest Dr. #CW 03-27 To: Residential Low Medium and north and south sides of Bamsdale Dr., Camelot Dr., and Sherwood Dr. 10) Largo From: Residential Medium 8.28 North and south sides of #CW 03-28 To: Residential Urban; Sherwood Dr. and east and Water/Drainage Feature west sides of Jody Ct. and Overlay Derby Ct. 11) Largo i From: Institutional 5.37 110 ft. south of 122nd Ave. #CW 03-29 To: Institutional; N., 695 ft; east of Vonn Rd. Water/Drainage Feature Overlay The details of the proposed amendments are available at the office of the PPC, 600 Cleveland St., Ste. 850, Clearwater, Florida, 33755; further information about the proposed amendments can be obtained by calling (727) 464-8250. Interested parties are invited to attend the hearings fo present facts or express views on the cases shown in this advertisement. The public is hereby advised that the effect of any proposed amendment may significantly impact the type and intensity of use of the subject property and be of interest to neighboring property owners. The PPC will make an advisory recommendation to the CPA for approval, approval with modification or conditions, denial, denial with alternative recommendations, or continuance of the items. The recommendation by the PPC and the action of the CPA may amend the Countywide Plan from the existing plan category to the proposed plan category as referenced above for the amendment, or to another plan category as may be determined appropriate based on the public hearings and consistent with the Countywide Plan, Plan Rules and procedures related thereto. .. If a person substantially affected decides to request an administrative hearing based on a decision to deny the request at any of these hearings, they 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 petition for the hearing is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Within two (2) working days of your receipt of this notice, please conta.ct the Office of Human Rights, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756. (727) 464-4062 (VITDD). I f \1 NEFlD CW 03-24 CW 03-20, r CW 03-21.. CW 03-22 CW03-19 CW 03-25 CW 03-26 C'" 03.,27, . '. CW 03-28 lAPBELL cS'/'I'I CW 03-29 CW 03-23 9R~ D~ e: W:! PINELLAS t1.~: ~ i ~~.... ~~=G ~'__~ 2 IIll.ES ) PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM ...... I AGENDA ITEM: I MEETING DATE: March 19,2003 SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Commercial General - CG To: Residential/Office General - RJOG Area: 0.84 acres CASE #: CW 03-19 JURISDICTION: City of Clearwater - LOCATION: Northeast corner of Drew Street and Anna Avenue TYPE: Level 1- Type A Subthreshold Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (LA & B), Recommend to the Countywide Planning Authority That The Proposed Level 1 Subthreshold Amendment to Residential/Office General Be Approved Pursuant to the Official Acceptance Process. L FINDINGS Based on the background data and analysis in this report, the following fmdings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for Level 1 subthreshold amendments of the Countywide Plan Map. B. In particular, this amendment qualifies as a "Level 1 - Type A" subthreshold amendment, based on the amendment being less than one acre in size, and is therefore eligible for approval under the official acceptance process. PINELLAS PLANNING COUNCIL ACTION: COUNTYWIDE PLANNING AUTHORITY ACTION: 1 I:\USERS\WPDOr..~\TJT\(,A<;:l:o'~\f'l'1 .............\'.(_._L\'H___.,..._.~ ,..... __. _ . " PINELLAS PLANNING COUNCIL . AGENDA MEMORANDUM '- ..... I AGENDA ITEM: I I MEETING DATE: March 19, 2003 I SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Commercial General- CG To: Residential Medium - RM Area: 0.87 acres CASE #: CW 03-20 JURISDICTION: City of Clearwater LOCATION: Southwest side of Windward Passage, 310 feet north of Marina Way TYPE: Level I-Type A Subthreshold Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (LA & B), Recommend to the Countywide Planning Authority That The Proposed Level 1 Subthreshold Amendment to Residential Medium Be Approved Pursuant to the Official Acceptance Process. L FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (County-wide Rules), the purpose of which is to recognize and provide for Level 1 subthreshold amendments of the Countywide Plan Map. B. In particular, this amendment qualifies as a "Level 1 - Type A" subthreshold amendment, based on the amendment being less than one acre in size, and is therefore eligible for approval under the official acceptance process. I PlNELLAS PLANNING COUNCIL ACTION: I COUNTYWIDE PLANNING AUTHORITY ACTION: 1 I:\USERS\ WPDOCS\LU\CASES\03 caseslMarch'New Folder\Cw03-20 .clw.doc t PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM \.. --oIIi I AGENDA ITEM: I MEEITNG DATE: March 19, 2003 SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Commercial General - CG To: Residential High - RH Area: 1.83 acres CASE #: CW 03-21 JURISDICTION: City of Clearwater LOCATION: Northeast side of Windward Passage, 230 feet north of Marina Way TYPE: Regular Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (1. A. & B. [1-6]), Recommend that the Proposed Amendment to Residential High 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 Coastal High Hazard Area. B. A summarized evaluation of the impact of the amendment on the SIX Relevant Countywide Considerations is as follows: I PINELLAS PLANNING COUNClLACTION: I COUNTYWIDE PL4NNlNG AUTHORITY ACTION: 1 I:\USERS\WPDOCSILU\CASES\03 casesIMarchINew Folder\Cw03-21r c1w rlne "\ PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM .... I AGENDA ITEM: I MEETING DATE: March 19,2003 SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential Suburban - RS~ Preservation - P~ Water/Drainage Feature- W/DF To: Residential Low - RL~ Preservation - P~ Water/Drainage Feature - W/DF Area: 22.18 acres CASE #: CW 02-39/CW 03-22 JURISDICTION: City of Clearwater LOCATION: East side of Chautauqua Avenue, from 103 feet south of 2nd Avenue N. to 2nd Avenue S. TYPE: Regular Map Amendment RECOMMENDATION: Council Reconsider the Amendment With New Information Provided By the City, Pursuant to the Action of the Countywide Planning Authority. BACKGROUND: The City of Clearwater originally submitted this amendment to the Council last year as case number CW 02-39. At that time, staff recommended approval with supplemental recommendations; the report for that case is attached as Exhibit 1. On September 18, 2002, the Pinellas Planning Council recommended denial of the amendment by a vote of six to five. On October 15, 2002, by a vote of four to three, the Countywide Planning Aut..hority tempora..rily deferred the application an.d remanded it to the Council for further consideration, based upon the City's assertion that the Council's concerns could be addressed through further negotiation with the developer. As a result, the City of Clearwater has submitted a new application for Council's reconsideration. Exhibit II includes a resubmission provided by the City. I PINELLAS PLANNING COUNCIL ACTION: I COUNTYWIDE PLANNING AUTHORITY ACTION: 1 I:\USERS\ WPDOCSILU\CASES\03 cases\March\Reports\Cw03-22.r.clw.doc PINELLAS PLANNING COUNCIL AGENDA MffiMORANDUM "- .... I AGENDA ITEM: V B-9. I MEETING DA TE: September 18, 2002 SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential Suburban - RS; Preservation - P: Water/Drainage Feature- W/DF To: Residential Low - RL: Preservation - P: Water/Drainage Feature - W/DF Area: 22.18 acres CASE #: CW 02-39 JURISDICTION: Clearwater (L UZ 02-02-03) LOCATION: East side of Chautauqua Ave., from 103 ft. south of Second Ave. N. to Second Ave. S. TYPE: Regular Map Amendment RECOMMENDATION: Council, Based On Accompanying Findings (1. A. & B. [ 1-6]), Recommend That the Proposed Amendment to Residential Low. Preservation and Water/Drainage Feature Be Approved. Subiect to the City Limiting the Traffic Impacts on the Site Pursuant to the City's Concurrency Management System. Separate and in Addition, it is Recommended the Appropriate Traffic Mitigation Provisions Pursuant to the City's Concurrency Management Ordinance be Determined and Agreed to by the City and the Applicant Prior to the City Approving the Plan Amendment. 1. FINDINGS Based on the background data a.l1d llnalysis in this report, the follmving 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: Adopted Roadway Level of Service (LOS) Standard and Adjacent To or Impacting An Adjoining Jurisdiction. PINELLAS PLANNING COUNCIL ACTION: The Council recommended denial of the proposed amendment from Residential Suburban, Preservation and Water/Drainage Feature to Residential Low, Preservation and Water/Drainage Feature. (Vote 6-5) COUNTYWIDE PLANNING AUTHORITY ACTION: 10/15/02: The Board continued the amendment and remanded to the Council. (Vote 4-3) 1 I:IUSERSIWPDOCSILUlCASESI02 caseslSeptemberlCW 02-39r.c1w.doc . . ~ / IIR~I~il!i!111i!t~~]!~i~Jii!_f.~_~I;i~i!~;rJt11!!j[\~~~1:!I~<lil!ii!;i--i!!r , OPENTNG PROn::DTTRES ExplaD.a%ian of Bearing Process - Chair Swea:ring ID - Reporter f ~AFF PRE..~A TIO~ 10 mimttes m2X. I PA C NlMMEN'TS - ~c; -m:.rF.~SA'RY I S mimIt:s maL , APF'UCANTLOCAL (",~V1. 10 mimItes maL ,- J'ROPONENi'!'; - PR~'T A TIONSIINOTTl'Rr;::c: Applicant Prop:ny Owner - 1 0 mimnes max. Public - DeSig. RepreS. - ]0 rc1nutes maL - lndiviauaI - 3 mimlte.s .maL I OPPO~"'TS - PRE~'T A -r-rON1\ fTNOTrrRJES Subject Pmpert)' Owne:r- 10 mn.l11'"'S'IIl.8X.. PUblic - be.Sig. R~. - 1 0 JIiinutes -max. - IDdividual - 3 minutennax. J OTHFR u I I /.!-.~S - mMM:El\lSIOTJE.qfONS I {Other 1b.an~pcm~/Oppop~l 3 minutes max. . - , ,J REB1ITrA1, BY APPI re: A........,. I..oC:al Govcmme:n! - 5 m;"TTt-~ max. Applic:aII: PI ope:rty Owner - 5 minutes maL ~- ~AFFRESPONSE'SUMMA RY 5 minutes max. I COWen.. QUESnONS - I CLOSE PUBLIC HEARING , ~if:fi:f!::F:i:j;;fi!i-::;:..:~;:!~:~;!i~;::i!-i-i!i:~~~Z\Di~:&i::-~:'~!~;:-i:!":1_~!!:!!-:-!;:-~_:!;;;-::::-:-;i!..--~%I t-. I" c ---- I . . plJBLIC HEARING PROCEDIJRES Public Hearings before the Pinellas Planning Council are governed .~y Pin ell as Planning Council Resolution No. 96-2 which is outlined on the reverse side. Because this process. encourages and provides for testimony to be submitted in 'Writing in advance of the hearing, the following guidelines are expected to be sufficient to accommodate efficient presentations: . The applicant should complete their presentation in ten (10) minutes. . Persons who have been authorized to represent an organization or group of five (5) or more persons should limit their presentation to ten (10) minutes. It is expected that others in the organiZation or group ",ill V\."aive their time. . All other persons may speak up to a total of three (3) minutes each. /'- I The Planning Council procedur~ provides that, ~t the conclusion of each of the resp~ctive presentations by staff, PAC, applicant local government, proponents, opponents and other citizens, -an affected party may seek the Chair's permission to ask questions OJ: seek clari..fication froIn the respective presenter. The applicants rebuttal shall only address testimony subsequ'ent to their presentation. Only pointS of law or fact ",ill be entertained by the Chair foUo-wing rebuttal. Please see reverse sid~ for order of presentation. " Ql <C CD sa, ~ CD Q CD ;0 " '" o , ?- z "Tl 0> 9.: ~. " o 0 .., l!) 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PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM \.... ....J I AGENDA ITEM: IVB-9. I I MEETING DATE: March 19,2003 I SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Commercial General - CG - To: Residential High - RH Area: 1.83 acres CASE #: CW 03-21 JURISDICTION: City of Clearwater LOCATION: Northeast side of Windward Passage, 230 feet north of Marina Way TYPE: Regular Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (1. A. & B. [ 1-6]), Recommend that the Proposed Amendment to Residential High 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 Coastal High Hazard Area. 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 Commercial General to Residential High. (Vote 11 - 1) I COUNTYWIDE PLANNING AUTHORITY ACTION: I 1 F:IUSERSIWPDOCS\LUlCASESI03 caseslMarcb\ReportsICw03-21.r.clw.doc f / -- - "-~-~ PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM \.. ~ I AGENDA ITEM: IV B-9. I I MEETING DATE: March 19,2003 I SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Commercial General - CG To: Residential High - RH Area: 1.83 acres CASE #: CW 03-21 JURISDICTION: City of Clearwater LOCATION: Northeast side of Windward Passage, 230 feet north of Marina Way TYPE: Regular Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (I. A. & B. [1-6]), Recommend that the Proposed Amendment to Residential High be Approved. I. FINDINGS Based on the background data and analysis in this report, the following fmdings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is 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 Coastal High Hazard Area. 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 1:IUSERSI WPDOCS\LU\CASES\03 cueslMarch\ReportsICw03-21.r.clw.doc ~ , SUBJECT: Case #CW 03-21 - Clearwater 1) Consistency with the Countywide Plan and Rules - The amendment to Residential High is consistent with the Countywide Plan and Rules because: 1) the site is adjacent to existing multifamily residential uses; 2) the Residential High category is consistent with the character and scale of the surrounding uses and transportation facilities; and 3) the amendment will allow the existing, aging commercial use to be redeveloped with a use and design that is compatible with the surrounding residences. 2) Adopted Roadwav Level of Service (LOS) Standard - The amendment is not located on a roadway with an LOS below "D", nor does the amendment cause the LOS to fall below "D". Memorial Causeway is operating at LOS "C"; Island Way and Windward Passage are local roads that do not have an adopted LOS. 3) SceniclNon-Commercial Corridors (SNCC) - The amendment area is not located within a ScenicINon-Commercial Corridor. 4) Coastal Hie;h Hazard Areas (CHHA) - The amendment area is located within a CHHA (Category 1 Hurricane - Level "A" Evacuation Area) and has been evaluated relative to the Countywide Plan policies that allow for increased densities in certain CHHA locations. The amendment meets several of the criteria, and is therefore recommended for approval. 5) Desie;nated Development/Redevelopment Areas - The amendment area is not located within a designated development or redevelopment area. 6) Adiacent To or Impactine; An Adioinine; Jurisdiction or Public Educational Facility - The amendment is not adjacent to another jurisdiction, and does not adversely impact any public education facility. In consideration of and based upon these findings, it is recommended that the proposed amendment of the Countvwide Plan Map to Residential Hillh be approved. 2 "'-... SUBJECT: Case #CW 03-21 - Clearwater "-'" IL BACKGROUND This regular amendment to the Countywide Plan Map has been submitted by Pinellas County to the Council for review in accordance with Division 5.5 of the Countywide Rules. Parcel ID#: 08/29/15/43380/004/0090 Existin2 Use: Dry storage marina Proposed Use: Multi-family residences Analysis: Located within Island Estates, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way, the proposed amendment would change the Countywide Plan Category for the High and Dry Marina, a dry storage marina facility, from Commercial General to Residential High. The amendment would permit redevelopment of the dry boat storage facility, which has occupied the site since 1963, with up to 55 multi-family residences. Under the existing Commercial General designation, the site could be redeveloped with up to 44 residential units, as well as office, commercial, and some light industrial uses. Due to its size and location, the proposed amendment impacts two of the Relevant Countywide Considerations: Consistency with the Countywide Plan and Rules, and Coastal High Hazard Areas. An analysis of each of these considerations follows. Consistency with the Countywide Plan and Rules: The Countywide Plan Map designates large areas of Island Estates with the Residential High category, which have been developed with high density multi-family housing. Other parts of the island contain a range of housing types, as well as non-residential uses that serve the community. Uses adjacent to the amendment area include the Island Yacht Club (also designated Commercial General) and townhouse and condominium buildings designated Residential Medium and Commercial General. (The townhouse development across the street from the amendment site is the subject of a subthreshold amendment, case #CW 03-20, as shown on Map 5.) According to the Countywide Rules, the Residential High category designates areas that are developed, or have the ability to be developed, in a highly intensive residential manner. These areas should be well suited for residential uses and consistent with the surrounding urban characteristics. Appropriate locations are generally within or in close proximity to urban activity centers, are adjacent to or have direct access from arterial roadways, and provide alternatives to individual automobile use. The proposed amendment area meets all of these locational criteria: · High density residential buildings are a prominent feature of the development pattern on the island; 3 SUBJECT: Case #CW 03-21 - Clearwater . The area is accessed from Memorial Causeway, a major arterial roadway; . The amendment area is close to downtown Clearwater, an urban center; and . Island Estate's mix of uses allows for pedestrian and bicycle access to shopping, restaurants, and neighborhood services. The existing Commercial General designation allows the marina to be redeveloped with a wide range of commercial uses, some of which would be incompatible with the residential character of the surrounding area. According to the City, the boat storage facility has caused traffic and congestion problems for nearby residents, especially on weekends when recreational boaters use the marina the most. In addition to the increased traffic, the limited on-site parking requires those using the marina to park on the street in front of the residential buildings on busy days. The proposed amendment to Residential High would be consistent with the surrounding land uses, as well as with the locational characteristics of the Residential High category. However, the Countywide Rules also state that the Residential High category is generally not appropriate for Coastal High Hazard Areas (CHHA). All of Island Estates, including the subject site, is located within the CHHA, defined by the most recent Tampa Bay Regional Planning Council Evacuation Study as the Level A hurricane evacuation zone. Changing the marina's future land use designation to Residential High would allow 11 more dwelling units than permitted by the existing Commercial General category. Because CHHA's are a separate Relevant Countywide Consideration, the following section addresses these concerns in detail. Coastal High Hazard Areas (CHHA): Pinellas Planning Council Resolution No. 98-4 established ten criteria for reviewing proposed amendments that would increase density or intensity, or that would permit certain uses, within the CHHA. The Council and the Countywide Planning Authority may, at their discretion, consider approving such amendments based on a balancing of the ten criteria with the other Relevant Countywide Considerations. Because the amendment would allow for a density increase from 24 units per acre to 30 units per acre, the proposal was reviewed against the Countywide policies for the CHHA, as follows: Policy 1. Distinction Between Direct Storm Damage and Damage to Evacuation Routes - The requested amendment is for a parcel that is included within the CHHA because of evacuation difficulties caused by projected storm damage to evacuation routes, not because of predicted storm damage to the parcel, and where it can be established that adequate evacuation routes are available. . The amendment site is susceptible to storm damage as it is located on the Intracoastal Waterway, and Federal Emergency Management Agency Flood Insurance Rate Maps classify the proposed amendment area as Flood Zone AE, within the 100-year flood zone. 4 SUBJECT: Case #CW 03-21 - Clearwater ~~ Policy 2. Access to Emergency Shelter Space and Evacuation Routes - The uses associated with the requested amendment will have access to adequate emergency shelter space as well as evacuation routes with adequate capacities and evacuation clearance times. The site is in close proximity to Memorial Causeway, a designated hurricane evacuation route operating at Level of Service "C". Due to improvements that are now underway, the Level of Service will be enhanced to "B" by 2004. This roadway also has adequate capacity relative to evacuation clearance times. Although emergency shelter space is in a deficient condition, the impact from eleven additional units would be minimal. Policy 3. Utilization of Existing and Planned Infrastructure - The requested amendment will result in the utilization of existing infrastructure as opposed to requiring the expenditure of public funds for the construction of new, unplanned infrastructure with the potential to be damaged by coastal storms. This amendment will facilitate redevelopment of a built site, and the existing infrastructure would serve the project. No public funds for the construction of new infrastructure, such as the improvement of adjoining roadways to accommodate additional traffic, will be required to accommodate the proposal. Policv 4. Utilization of Existing Disturbed Areas - The requested amendment will result in the utilization of existing disturbed areas as opposed to natural areas that buffer existing development from coastal storms. The site is developed and actively used as a marina with dry boat slips, gas pumps, and docks. The subject area does not contain any environmentally sensitive areas that could be used to buffer adjacent development from coastal storms. Policv 5. Maintenance of Scenic Qualities and Improvements of Public Access to Water - The requested amendment will result in the maintenance of scenic qualities, and the improvement of public access, to the Gulf of Mexico, inland waterways (such as Boca Ciega Bay), and Tampa Bay. Although the existing marina is private, it does provide access to the Intracoastal Waterway for those who rent slips or use the docks. The proposed residential development will not offer public access to the Intracoastal Waterway, but will retain some access for residents. Policy 6. Water Dependent Use - The requested amendment is for uses which are water dependent. The amendment will replace a water dependent use (marina) with multi-family residences. 5 .'.~"_-' . ~ ~",....,~"" SUBJECT: Case #CW 03-21 - Clearwater Policv 7. Integral Part of Comprehensive Planning Process - The requested amendment has been initiated by the local government as an integral part of its comprehensive planning process consistent with the local government Comprehensive Plan. The City's intent with this amendment is to allow for the redevelopment of an aging commercial use with one that is consistent with the surrounding residential developments. It should be noted that the City has submitted a companion amendment (CW 02-20) that reduces the maximum density of a townhouse development across the street from 24 dwelling units an- acre to 15 dwelling units an acre (as shown on Map 5). Both proposed amendments were reviewed by the City's Planning and Zoning Board and the City Commission and were deemed to be consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Therefore, even though the development in this amendment was not specifically planned for, it was deemed consistent with the City's Comprehensive Plan. Policv 8. Part of Community Redevelooment Plan - The requested amendment is included in a Community Redevelopment Plan as defined by Florida Statutes for a downtown or other designated redevelopment areas; The proposed subject amendment site is not located within a community redevelopment plan area. Policy 9. Overall Reduction of Density and Intensity - The requested amendment would result in an increase in density or intensity on a single parcel, in concert with corollary plan amendments which result in the overall reduction of development density or intensity in the surrounding CHHA. The existing Commercial General category allows residential uses up to a density of 24 dwelling units per acre, while the proposed Residential High category allows a maximum density of 30 units per acre, or 11 units more than would now be allowed on the site. To address this concern, the City has also submitted amendment #CW 02-20, reducing the maximum density of an adjacent townhouse development from 24 dwelling units an acre to 15 dwelling units an acre (Map 5). When considered cumulatively, the two amendments result in a net potential increase of four dwelling units over the density that could be developed under the existing Commercial General designation. Although it is still an increase, four dwelling units would have a negligible impact on evacuation times and public infrastructure needs. However, the townhouse development is already built out at 11 units (two less than would be permitted by the amended Residential Medium designation), so it is unlikely that development will reach maximum potential density in the near future. Policy 10. Clustering of Uses - The requested amendment within the CHHA provides for the clustering of uses on a portion of the site outside the CHHA. The entire site is located within the CHHA; therefore, this policy is not applicable. 6 SJJBJECT: Case #CW 03-21 - Clearwater On balance, the criteria listed and analyzed above provide a basis to deviate from the policy of denying a request for an amendment that would potentially increase density and/or population in the ClllIA. The PPC staff recommendation for this case is to approve the requested amendment, based on these findings. Local Government Transmittal: On February 20, 2003, the City of Clearwater 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 Residential High 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 be approved. Planners Advisory Committee (PAC): The PAC voted unanimously to recommend approval of staff's recommendation at their meeting on March 10,2003 (see draft PAC minutes, Attachment 3). 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 Map 5 Proposed Countywide Plan Category - Black & White Attachment 1 PPC Disclosure of Interest Form Attachment 2 Local Government Transmittal Package Attachment 3 Draft PAC Minutes 7 ~~ -. <4Ji>e<4 PASCO COUNTY ~\-~~ ~\ ~~, .T""""'.~r~TST<>t:-;'t> 1\ ~: : I \ --------~ i ' ~ /If ~. .-1l!L f' ~.' .): " ;;~:\~ ((~. ::.(.~.', T_' ~ ,-- ';,.... , '~ ~ rl ! ;);1' f~'~"~ , r , t ~~ (~.. 5T ' ",_ 11 ~'" ) ~. 1,' '"""fA\, ,'; ,'. ,~. i-ti!. Ii ~ ~ ;:> o u :z: " ;:> o '.. o III ~ 5: Ii i ' , ~ ,,~ \. I I \ 2;:i ~\ ~, ~ .A , . .if?' -" ,~~ no;' _J,~L ~I-T..Q..'-~~YO~~-- /~: ~~\ /~~~-- ~ \ ;Jt~ ('F ~ \, ~ ;~ ~p ~,\~\ ....... ! ~f }", ,.,.~---- 'r-t-- EAST_~~_.~~...5LT,-' ~ ~// /}f [j f : ' ~'" v->-""'\ t;/ ,.3',----:"'BI9N- ~.")------~-.-'----~0fj,-;y~ , ~ 1~:1-, 'R[) \, -~ ,.~ ~ ~....---- fl."., -Ii''':'''''''''' It 1,' '" <.>~..., '\ ~. ' . - \, e ~ _j,/ .~ ~",,'~--- '\ ~ i , ! ~ -$:>' ~~- di," 'T::1 \~ y ~ ~1 :. _~ ' : r--, ~.2'" 8-VO,- ~ Jt', p"," lIloVO ..l / '~ii-", ~'" ~ \,.r- -- - T;'> ~)(c'" '''''''j", I' \ ~1::Z "~? ...... 'f' (1_ f~ S4TH AVE N .... C:fr.'f,"lf' \ I>i------=--- --~---~ ~-'-<'~I"'v-~J: If> % G) VI\Il ~ ',~, -;} r<', (~, 1"" ~ :n ~ ~ ... / ",;,~~~: "'--..~ \,~; ~ ~,~ V'l/ '<~:;g )~--~~--~-~~.~ '~---~-~~~D~("; "~~~~~~- \ - -~~ / ~'~~~~~i--'-' C<NTR~--=T"~":'~~==___i( \'t-~~;; / 'r " n , 'f70 ~~, \\'fl~~ t", 22tIl . AYt: S : \ ~~\:~{;,"~;~~r~ ~(hJ-1 , ';-' l"r!fu -, .. '.~~~ -<<",,:j:~':\ r-------~----- (I ' \\',l.=....~~-~.....-;. i"" ' '_~~ " _---~....-< ~1~LL...S ,-" !~ -}" '(~~~( li (t~ ii, ~~ 1': ~~ 1\ \ ~~, ," y, GULF OF MEXICO TAMPA BAY i' I' j( '.,/" r:/ :l~" MAP 1 CASE NO. CW03-21 ~ ~ PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF THE PINElJ.AS COUNTY PROPERTY APPRAISER, JIM SMITH Produced by MEDlT V2.1. Copyright 1991,1992 Pinellas County, Florida Property Appraiser, All Rights Reserved, -------- C~" ceo:,O cWATER :--:-<,,"-: - ~ .". -< ~ .". -< CG RH WINDWARD RH WATER RU MAP 2 PROPOSED AMENDMENT CASE NO. CW03-21 FROM: Commercial General (CG) TO: Residential High (RH) ACREAGE: 1.84 ~ SCALE: 1" = 400' ~ PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF PINELLAS COUNTY PROPERTY APPRAISER. JIM SMITH GRAPHICS CREATED USING MEDIT VERSION 2.1 @ CASE NO. CW03-21 MAP 3 ~~~ !""l : ....~JoOiiil- - - --:::-r 200 0 200 FEET 1 400 600 &_'~i' ""if A:~ ;... :rl~ I . i ' I. i !:/:IJ ,/CW03- C;___::::ARWt;-;-ER H4KB:~'~ c~ G~ P,J'^' i-- ~-- --~--~::=~:~~-:--'~>~ A :~"'rH.. .~'~,. ',~ .ft>-9.' , " ______ _ _ . '_" 1-4.( ",', ~ "~, MAP5 CW03-20 & CW03-21 PROPOSED AMENDMENTS & SCALE: 400' ~ PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF PINELLAS COUNTY PROPERTY APPRAISER. JIM SMITH GRAPHICS CREATED USING MEDIT VERSION 2.1 @ Attachment 1 DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER * SUBMITTING GOVERNMENT ENTITY: CITY OF CLEARWATER PPC OR CITYffOWN CASE NUMBER: LUZ2002-11011 PROPERTY OWNERS/REPRESENTATIVE: OWNERS: HIGH AND DRY MARINA INC, A FLORIDA CORPORATION REPRESENTATIVE: HARRY S. CLINE P.O. BOX 1669 CLEARWATER, FL 33757 727-441-8966 ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interests: N/A Contingent: Absolute: Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: N/ A Contract is: Contingent Absolute All Parties To Contract: Name: INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: N/A All Parties To Option: Name: Name: ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO~REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIGNED BY PLANNING COUNCIL STAFF Attachment 2 ~.~~~~- i.L~ .,,~__~":. '~''''I. ~....~- "'~.' \ I ~ !iI" :~:,~ -,.'.'.:. ~ ",C"':l:- ~5t:ll ':.~l- ~.. "~A"- -===- ~ ~~ ~T/;~-~('..~.~~ -'~4TE.R. . '\ ~ -. "--<ZI:ifJ' . - CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FWRIDA 33758-4748 CITY HAu, 112 SOuTH OSCEOlA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4040 FAX (727) 562-4052 CITY MA."lAGER February 19, 2003 Received FEB 1 9 2003 Pinellas Planning Council Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2002-11 0 11- Application to Amend the Countywide Future Land Use Plan Dear Mr. Healey: The City of Clearwater requests an amendment to the Countywide Future Land Use Plan for 1.838 acres of land located 202 Windward Passage from Commercial General (CG) to Residential High (RH). This amendment was passed on first reading at the February 20, 2003 City Commission meeting. Attached please find all of the required information for this request. We would request that this application to amend the Future Land Use Plan category from CG to RH be reviewed by the PAC, PPC and CPA after the application for Future Land Use Plan amendment associated with the adjacent property at 209-229 Windward Passage (LUZ2002-0901O). We request this agenda placement as this application will increase the maximum permitted density from 24 dwelling units per acre to 30 dwelling units per and the application for Future Land Use Plan amendment at 209-229 Windward Passage will decrease the permitted density from 24 dwelling units per acre to 15 dwelling units per acre. It is the Planning Department's opinion that to properly assess the impacts on the surrounding neighborhood due to the requested changes in density this application should be reviewed after LUZ2002-0901O. If you need any additional information, please contact me at 727-562-4553. Sincerely, 1}1) I/~ . Marc A. ~~ano Planner BRlAJ\ J. AUNGST, MAYOR-COMMISSIONER S:\PlanninW19JPiR;,hf!h'hlC 'fj~~9lli~Jl?dh9J'iftMuz 200Z\LUZ2002-1 101 J1Btli/iWPbWMftgftl~'if2WzWliward Passage ~RAl\'K HIBBARD, COM~~transmittalltr LU.-1lO11 202 WUulwa~Ip.sM?~PN, COMMISSJOi\"ER "EQUAL EMPLOYMEt\j AND AFFIRMATIVE ACTION EMPLOYER" APPLICA nON 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 CG RH 2. Proposed Countywide FLUP Designation II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number LUZ2002.11 011 3. Current Local Zoning Designation(s) 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s) CG C 2. Current Local Plan Designation(s) RH HDR III. Site Description 1. Parcel number(s) of area(s) proposed to be amended (include Sectionffwp/Rng/Sub/BlklLot) 08/29/15/43380/004/0090 3. Location 1.838 202 WINDWARD PASSAGE DRY STORAGE MARINA FACILITY 24 UNITS/ACRE (44 TOTAL UNITS) 2. Acreage 4. Existing use 5. Existing density 6. Name of project (if applicable) IDGH AND DRY MARINA. INe IV . Verification of Local Action 1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map; and/or copy of local ordinance proposing/approving plan amendment authorizing request for amendment of Countywide Plan Map. V. Other Pertinent Information 1. Submittal letter from the local jurisdiction to the Executive Director requesting amendment to the Countywide FLUP. x 2. Disclosure of Interest Statement with names and addresses of the application! representative and property owner. x 3. Proposed local ordinance number and status. x 4. Staff report and local action to date. S. Attach local plan and zoning maps. 6. Include proposed demarcation line for environmentally sensitive areas (if applicable). x x X 8. Map clearly indicating amendment location. X X X 7. Legal description. 9. Plan Amendment Application. CDB Meeting Date: January 21. 2003 Case No.: LUZ2002-11011 Agenda Item: C-7 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: High and Dry Marina Incorporated, a Florida Corporation REPRESENTATIVE: Harry S. Cline, Esquire LOCA TION: 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Commercial General (CG) to Residential High (RH), and SITE INFORMATION: PROPERTY SIZE: To rezone from the C, Commercial District to the HDR, High Density Residential District. 80,077 square feet or 1.83 acres DIMENSIONS OF SITE: 540 feet by 140 feet. m.o.!. PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: Dry storage marina facility Multi-family residential Commercial General (CG) Residential High (RR) C, Commercial HDR, High Density Residential North: Clearwater Harbor South: Multi-family residential East: Multi-family residential West: Marina Staff Report - Community Development Board - January 21,2003 - Case LUZ2002-11011 Page 1 of9 ANAL YSIS Introduction The 1.83-acre subject site is located at 202 Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. It is occupied by a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential High (RH) category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density allowed by this plan amendment, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN Applicable Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.2.2 Policy - Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. 3.2.2 Policy - Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This site is located in a residential area along the Intracoastal Waterway. This site meets the policy of being located on a minor street and development approval for residential units on this site will not negatively impact hurricane evacuation plans. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential High (RH) category as specified in Section 2.3.3.3.1 of the Countywide Rules is to designate areas of the County that are currently developed, or have the ability to be developed, in a highly intensive residential manner and is consistent with the urban characteristics of the surrounding area. The Residential High (RR) category is generally situated in areas that are within close proximity to urban activity centers; residential in nature; or where the development is consistent with similar high intensity residential uses. Generally, the RH category is designated on property in close proximity to, or immediately adjacent to, an arterial or thoroughfare highway network that is serviced by mass transit. The regulation also Staff Report _ Community Development Board - January 21, 2003 - Case LUZ2002-11 0 11 Page 2 of9 states that this designation is generally not appropriate for coastal high hazard and evacuation level "A" areas. Island Estates was developed with a range of housing types and allowable densities. There are currently large areas on the island that are currently designated as Residential High (RH) and the proposed amendment is compatible with the surrounding area. Furthermore, the subject site's location east of Clearwater Beach and in close proximity to the Memorial Causeway Bridge provides an expedited link to the nearest evacuation route during a predicted storm. - The completion of the new Memorial Causeway Bridge in 2004 will upgrade this evacuation route and upgrade the Causeway level of service from C to B. The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies that specifically address Countywide Future Land Use Plan amendments in the Coastal High Hazard Area (CHHA). The policy specifies that such amendments should generally be denied. However, approval may be granted upon a balancing of the following criteria, as determined applicable and significant to the amendment. A. Distinction between direct storm damage and damage to evacuation routes. The subject site is susceptible to storm damage due to the site's location on the Intracoastal Waterway in an AE flood zone. It is on an island that currently has high density residential development and is located in close proximity to Memorial Causeway. In 2004, the Level of Service of this evacuation route will be enhanced to a LOS B. This evacuation route is adequate to serve the existing and proposed land use category. B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage of emergency shelters countywide. The proposed amendment could result in a net increase of 11 units or approximately 24 people (see 1. below for additional information on net increase of density in entire CHHA). Emergency shelter planning provides for a percentage of residents that will utilize family, friend or hotel accommodations during evacuation situations and not emergency shelter space. Not considering that decreased percentage, this increase is still minimal and will not have a negative impact on shelter space or evacuation routes. C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since the use of the site for the proposed residential purposes will not require the expenditure of public funds for the construction of new, unplanned infrastructure. D. Utilization. of Existing Disturbed Areas. This criterion is not applicable since the site is currently developed and not a natural areas. E. Maintenance of Scenic Oualities and Improvement of Public Access to Water. The subject site does not currently provide public access to the Bay nor will it if the proposed amendment is approved. F. Water Dependent Use. The site is currently occupied by a water related use. The proposal is to remove this use. Staff Report - Community Development Board - January 21,2003 - Case LUZ2002-11011 Page 3 of9 G. Integral Part of Comprehensive Planning Process. Not applicable. H. Part of Community Redevelopment Plan. This site is not located within the boundaries of a community redevelopment plan area. I. Overall Reduction of Density or Intensity. The maximum permitted density of the subject site is currently 24.0 units per acre, which would permit a maximum of forty-four (44) dwelling units. The proposed amendment would allow 30.0 units per acre for a maximum of fifty-five (55) dwelling units. Approval of this application could yield a net increase of eleven (11) residential units in the CHHA. Consideration should be given to the fact that on December 5, 2002, the Clearwater City Commission approved a Future Land Use Plan amendment for a property across the street to the south (209 - 229 Windward Passage) that reduces permitted density in the CHHA by a total of seven (7) units by redesignating the property from Commercial General (24 units per acre) to Residential Medium (15 units per acre). This amendment is pending approval by the PPC, CPA and the Department of Community Affairs (DCA). If this request is approved, the total density increase in the CHHA, considering both requests, will be by four (4) units. When evaluating this request, consideration should also be given to the fact that the City of Clearwater purchased property to the south of the subject site, adjacent to 209-229 Windward Passage, and constructed Sunset Sam Park. The Future Land Use category of the site is Commercial General and would allow the construction of 9 units. However, since this has become City parkland, these units will not be built and will offset the increase of four units that will result from the proposed amendment. J. Clustering of Uses. The entire site is located within the Coastal High Hazard Area, therefore the clustering uses of a portion of the site outside the CHHA is not possible. While the requested amendment to the Future Land Use Plan category could place a net total of four (4) additional residential dwelling units in the CHHA and subject the site to possible direct storm damage, the decrease in the existing capacity for the maximum potential of traffic generated by the amendment would positively affect the evacuation route of the area. In addition, the removal of a water dependent use from the site may have a negative effect on the overall capacity of vessel storage for the city, however, the current marina use is not compatible use with the surrounding residential development. III. COMPATffiILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD Current uses allowed in the HDR, High Density Residential zoning district include attached dwellings, detached dwellings, community residential homes, nursing homes, places of worship, assisted living facilities, retail sales, schools, overnight accommodations, parking garage and lots, congregate care, parks and recreation facilities and residential infill projects. Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 4 of9 State Route 60 CorridorlMemorial Causeway The SR 60 corridor connecting the Downtown to Clearwater Beach is characterized primarily by open space, utilitylinfrastructure facilities and parks. The Countywide Future Land Use Plan has designated land along this corridor as Recreation/Open Space (RIDS). The Recreation/Open Space is the only land use plan designation to the north, south, east and west of the corridor. Immediate Surrounding Area The Future Land Use Plan (FLUP) for the immediate surrounding area to the south and west of the subject site is Commercial General (CG). The Residential Medium (RM) plan category extends to the east of the subject property, while Clearwater Harbor borders the property to the north. To the north of the site are several residential fingers, approximately 10.5 acres in area that have a designation of Residential High. The existing surrounding uses include a marina to the east. Multi-family residential dwellings and a park are located to the south, with Clearwater Harbor north. The proposed Future Land Use Plan designation and rezoning are in character with the overall FLUP designations along this block and compatible with surrounding uses. Amending the FLUP to the Residential High category will make all the peninsulas on the western portion of Island Estates consistent as this plan category. As the current use of the high and dry marina storage facility is incompatible with the surrounding residential uses, approval of this request would better assimilate the site with surrounding uses. While a marina facility may be a desired use in the community, the traffic impacts and noise associated by the peak use on Saturdays and Sundays severally conflicts with the residential nature of the surrounding area, while the visual and noise impacts generated by the servicing of vessels at a marina facility also degrades the quality of the surrounding area. In addition, the amount of on-site parking spaces available to accommodate the 306-berth high and dry marina facility can require patrons to utilize on-street parking in the surrounding neighborhood during the most desirable boating days. IV. SUFFICIENCY OF PUBLIC FACILITIES The subject site is approximately 1.838 acres and would allow 44 dwelling units or a 44,034 square foot building, based on a maximum density of 24.0 dwelling units per acre and a FAR of 0.55 in the current Commercial General (CG) Future Land Use Plan category. Based on a maximum permitted density of 30.0 dwelling units per acre under the proposed Residential High (RH) plan category, a maximum of 55 dwelling units could be constructed on this site provided all code requirements are met. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. . Staff Report - Community Development Board - January 21,2003 - Case LUZ2002-11011 Page 5 of9 . . MAXIMUM POTENTIAVTRAFFIC ... CUrrent . Existing Proposed Net New Memorial Causewav(SR60) Situation PlanI Plan2 Trips Maximum Dailv Added Potential Trips N/A 854 336 ( -518) Maximum PM Peak Hour Added Potential Trips) N/A 106 42 (-64) Volume of Memorial Causeway from Drew/Pierce Street 35,169 36,023 35,505 (-518) LOS of Memorial Causeway from Drew/Pierce Street C C C C Nt A = Not Applicable LOS = Level-of-Service 1 = Based on PPC calculations of 465 trips per acre per day for the Commercial General Future Land Use Category. 2 = Based on PPC calculations of 183 trips per acre per day for the Residential High Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Memorial Causeway segments in the vicinity of this site a level of service (LOS) C. When compared to the maximum development potential of the existing Commercial General (CG) future land use plan category; the Residential High (RH) future land use plan category and the proposed use of application will decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segments level of service. In addition, upon completion of the new Memorial Causeway Bridge in 2004, it is proposed that the Level of Service (LOS) in this vicinity will be enhanced from a LOS C to a LOS B. 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. - TRAFFICTMPACTSBASED ONITE MANUAL STANDARDS ...... Net Units/Square Daily Trips- Daily Trips- Net Change PM Increase of Footage Existing Proposed of Average Peak PM Peak Uses Permitted Zonin!!: Zonin!!: Dailv Trips Trips Trips Existing Zoning Marina (2.96 Weekday tripslberths) 306 Berths 905 N/A N/A 64 N/A (0.21 PM Peak hI tripslberths) Quality Restaurant 44,034 sq. ft. 3960 N/A 3,055 397 333 (89.95 Weekday trips/lOoo sq. ft.) (9.02 PM Peak hI trips/lOOO sq. ft) Government Office Bldg. 44,034 sq. ft. 3035 N/A 2,130 785 721 (68.93 Weekday trips/lOoo sq. ft.) (11.03 PM Peak trips/lOoo sq. ft) Proposed Zoning Condominiumtrownhouse (5.86 Weekday trips/dwelling unit) 55 Units N/A 322 (-583) 29 (-35) (0.54 PM Peak trips/dwelling unit) High Rise Apartment 55 Units N/A 231 (-674) 22 (-42) (4.20 Weekday trips/dwelling unit) (0.40 PM Peak trips/dwelling unit) Nt A - Not Applicable Source: ITE TriD Generation Manual. 6th Ed. 1997 Staff Report _ Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 6 of9 Based on the applicant's proposed use of the subject site, the City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use .plan amendment and rezoning will not result in any degradation of the existing LOS to Island Way and/or State Route 60. In fact, the proposed Future Land Use Plan amendment will result in a reduction of potential trips. There will be no impact on the operational efficiency of the signalized intersections of Island Way and State Route 60. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within 114 mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along State Route 60. Water The current land use plan designation and zoning district could demand approximately 4,403 gallons of water per day. Under the proposed Residential High land use plan designation and zoning district, water demand could approach approximately 13,750 gallons per day. The proposed amendment could result in a net increase of 9,347 gallons per day. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for water since there is excess capacity. Wastewater The current land use plan designation and zoning district could demand approximately 3,522 gallons of wastewater per day. Under the proposed Residential High land use plan designation and zoning district; wastewater demand could approach approximately 11,000 gallons per day. The proposed amendment could result in a net increase of 7,478 gallons per day. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for wastewater since there is excess capacity. Solid Waste The current land use plan designation and zoning district could result in 118 tons of solid waste per year for a commercial site. Under the proposed Residential High land use plan designation and zoning district; approximately 139 tons of solid waste could be generated per year. The proposed amendment could result in a net increase of 21 tons of solid waste per year. However, the land use plan amendment and rezoning will not negatively impact the City's current LOS for solid waste since there is excess capacity. Recreation and Open Space The proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities due to available capacity. It however, will require payment of recreation and open space impact fees due to residential development on vacant land. V. TIMPACTONNATURALENTIRONMENT Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 7 of9 Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. In addition, any new structures will be required to be constructed above the base flood elevation. The proposed land use amendment will not have a negative impact on the natural environment. VI. LOCA TION OF DISTRICT BOUNDARIES The location of the proposed Residential High (RH) boundaries are logical and an appropriate classification between multi-family and park uses to the south, the marina use to the west and the mutli-family uses to the east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOP:MENT WITH COMMUNITY DEVELOP:MENT CODE AND CITY REGULATIONS The proposed HDR, High Density Residential District permits a FAR of 0.60 and the existing C, Commercial permits a slightly less intensive FAR of 0.55. The 0.85 ISR of the proposed HDR is considerably less than the existing ISR at 0.95. The site's area at 80,063 square feet exceeds the minimum lot area requirement of 15,000 square feet required by the HDR zoning district for attached dwellings. The parcel is approximately 540 feet in width and exceeds the 150 feet required lot width for attached dwellings in the zoning district. Therefore, the parcel meets the size requirements of the proposed HDR District and the attached dwelling use is permitted in the HDR. 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 this property is consistent with the High Density Residential regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Commercial General (CG) to Residential High (RH) and a rezoning from the C, Commercial District to the HDR, High Density Residential District for the subject property is requested to enable the applicant to develop this site with multi-family dwellings. The neighborhood is surrounded by a marina use to the west; a park and multi-family residential uses to the south; Clearwater Harbor to the north and multi-family residential to the north and east. The proposed residential use will blend into the surrounding neighborhood since this is a primarily residential area. The proposed Residential High (RH) Future Land Use Plan classification and HDR, High Density Residential zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11 011 Page 8 of9 provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 202 Windward Passage from Commercial General (CG) to Residential High (RR), and 2. Amend the zoning district designation of 202 Windward Passage from the C, Prep=d by Pl:::::::::c~:::e HDR, ~rr;; Ie Dismct Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph of Site and Vicinity Existing Surrounding Uses Zoning Map Land Use Plan Map Site Photographs S:\Planning DepartmenflC D B\Land Use Amendments'J...uZ 2002\LUZ2002-11011 High and Dry Marina 202 Windward Passage RtflLUZ 2002-11011 High and Dry marina- staff report. doc Staff Report - Community Development Board - January 21, 2003 - Case LUZ2002-11011 Page 9 of9 ORDINANCE NO. 7088-03 ,- AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WINDWARD PASSAGE, APPROXIMA TEL Y 600 FEET NORTH OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK 0, UNIT 5, ISLAND ESTATES OF CLEARWATER, TOGETHER WITH A PORTION OF VACATED DORY PASSAGE, WHOSE' POST OFFICE ADDRESS IS 202 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL HIGH (RH); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's'comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateaorv See attached legal description From: Commercial General (CG) (LUZ2002-11011) To: Residential High (RH) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinel/as 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. PASSED ON FIRST READING Ordinance No. 7088-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest Cynthia E. Goudeau City Clerk 2 Ordinance No. 7088-03 ...;GAL DE:SCRJPTION UPLANDS: - A P.oRTJON OF. LOT 9 AND AU OF LOTS 10, 11, 12, AND 13, BLOCK .D, UNIT 5, ISLAND .ESTAlESDF .CLEAR.WAJER. TOGETHER WITH A PORnON OF VACATED 'DORY PASSAGE AS .RECORDED ..IN PLAT ~BOOK $1; PAGE" 34. puauc RECORDS OF PINELlAS COUNTY, ' FLDRJDA.'13E1NG MORE -FULLY 'DESCRIBED' .AS -FOLLOViS .; .. .~ - . . .. . ~. . . . . . BE{;JNNiNG -AT. THE- SOUTHEAST 'CORNER OF SAID 1.0712; . THENCE ''N4~3'4'''W ALONG'JHE ''NOR1HERlY RI.GHT-::OF.-WAY"UNE OF' '.WlNDWARD P.ASSAGE. A.DISTANCE OF .32a.OO:.fEET TO -lHE ::POfNT'QF 'CURVAJURE Of:'..A CURVE TO JHE.~RIGHT;' :THENCE ALONG ~SAJD cUR~. ;I1A~~~AtAD1US~Qf. :5ffi.oo fEET~..:CHORO 31;..62 '.FEET BEARiNG N30~57'41"W, oA DISTANCE Of"'.3.2.1~':fErr~-:rO:"A POINT.OF R~SE 'CURYE;.' lHENCE .Al.UNG 'A CURVE TO-lHEJ.EFTJ'iAVlNG'.A ~AADtUS OF'50.DO 'FEET.,: 'CHORD OF '7~.14 'FEET :BEARING . . N59:3l'2~W.' 'A.'.D'STANCf' 'or.'-B2.D.3.'~FEET; . '~NCE. .:lEAVlNG . SAID 'UNE,o,N1.6'31"22'"W A :.DISTANCE 'OF....120.DO._FEE.T,TO._~JHE POINT OF>CURVA1:uRE OF .A .NON-TANGENT CURVE' .THENCE:=ALOOG.'sAm 'CURVE~:'JG~ 1HE'R~GH! ':HAVlNG':A ~l1S nF ..17{).Q(f:FEET, A CHORD OF -1152:.'57.'..FEE.TA:~EARJ~G SI./"tl/3l'!~'~:A ...OfSTANCE~:--JS'9.:50 FEEr.TQ.'A POINT 'OF . 'TANGENCy;.'-:~._:n;EN~:;S49~~~1~~"::A~~ISTANCE':OF.:, 1-aO~DO fE!:..1 TO'1H~'POlNT.CURVATURE .' 'OF :-A.'.ctJRVE'r.S",THE 'LEFT;,':'"lHENCE,.::iAl:OOG.''SAJD CU~~. iiA-VJNG.A-"ftADJUS..OF' '70.00 FEET . - A :CHORl)::.6F::7.4M::FEET -BEARING S81-.....'Z22~. -A. 'OIsr:~m:E -Of. 7B~~ FEET. TO'. A .POINT,. ' . . 'SAIOi:POtNT:"SBNq: 1l:iE:~ Sot:llR~y.:'.cOR.~ER .-,OF'-PBA'SE':1V MLLAGE"-.ON- ISLA~.:o.':ESTATES. ASRECOROED_:tN'~.PLAT:.sOOK35."PA~.12. PUBUC'.RECORDS ~Of:" PfNEllAS 'COUNTY.FLORIDA; .. 'lHENCE.-,ALONG-';'1HE--SOUl'HERLY 'UNE.OF SAID, 'VllLAGE'ON. :lSlAND ESTATES, THE 'FOLlOWlNG . -niREE:(3) :cOlJ.}ise:S..:::..... '.:-.:. ':';> .' -. .. '. . '"1,:". ,:.... ..... _..' o. '. ".'..:.. . . .." 1: . S49~'41~E.-:-A 'DISTANCE .OF.i3S:76..FEET; -. 2. . S08'2'32~. 'A DISTANCE - OF 81.05'. .:FEET; . AND . . . 3. . . S~6.19-W.' A DlStANCE- --QF.1 06~62 ):.t:.t:. I TO, A - POfN.T ON lHE NORTHERLY _RJGHT-:".~:.-.WA"!..~~ 'OF ~ AF9REM~NTl~ED :V.1NDWARD ~ASSAGE;' THENCE. 'ALONG SAJO;"ONE N49"24'D9.'~ A DfSTANCE .OF .S1.DO. FEET: . .THENCE S40?6'1~~~~': A. D'ST~CE OF 2~....OD FEET TO !HE POINT OF BEGINNING. CONTAINING '1.838" ACRES oRS'O,D78 SQUARE FEET MORE OR -LESS. R RH ::lNs... RM JWATER THIS IS NOT A SURVEY! FUTURE LAND USE MAP Owner: High and Dry Marina. Inc Case: i LUZ2002-11 011 From: Zonin C HDR Land Use CG Property Size (Acres): I 1.83 PIN: I 08/29/15/43380/004/0090 Site: 202 Windward Passgae To: RH Atlas Page: : 267B Ordinance No. 7088-03 COLOR AERIAL PHOTOGRAPH Owner. High and Dry Marina, Inc. Case: LUZ2002-11 011 Site: /202 Windward Passgae Property Size 1.83 - Property (Acres) : 0.70 - SUbmerged Land Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 2678 ~.- ~ 'I' . -..-' --~ ZONING MAP Owner: High and Dry Marina, Inc. Case: LUZ2002-11 011 Property Size 1 .83 - Property Site: 202 Windward passgae (Acres): 0.70 - Submerged Land Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG Atlas Page: 267B To: HDR RH e NOT TO SCALE THIS IS NOT A SURVEYI LOCATION MAP Owner: High and Dry Marina, Inc. Case: LUZ2002-11011 Site: 202 Windward Passgae Property Size 1 .83 - Property (Acres): 0.70 - Submerged Land Zoning Land Use PIN: 08/29/15/43380/004/0090 From: To: C HDR CG RH 267B Atlas Page: e NOT TO SeAt..E THIS IS NOT A SURVEYI EXISTING SURROUNDING USES Owner: High and Dry Marina, Inc. Case: LUZ2002-11 0 11 Site: 202 Windward passgae Property Size 1 .83 - Property (Acres): 0.70 - Submerged Land Zoning Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR RH Atlas Page: 267B e WATER Cfearwater :}{ar6or ..--_......-...-~ , : : .. \ '-t;;B~;~~1G t.- - ~: -- - ",-. ... -""I Y~,,~-=1 il..L~_-"- FUTURE LAND USE MAP Owner: High and Dry Marina, Inc Case: LUZ2002-11011 Site: 202 Windward Passgae Property Size 1.83 (Acres) : Zonin Land Use PIN: 08/29/15/43380/004/0090 From: C CG To: HDR Atlas Page: 2678 RH 0 i ~ I ~ ~ J ~ 8 C'l ~ ~ ,...) 3 -1 c::: r..:l Z n ~ ~ ~ ~~~ : &l ~ ::;~.t C:::"'~ Iii ~~1 <~g. ~!i"Ufi _ ::Izi u till.! eo"'"" t.) =-8 ~ .:::a ~ ~ e ~~~i~l ~ ~i t: "'~. . Ii i f.;~ >- (.) :it",! t:: .. S II'I!~ t.) ::> 8"! D.. -f.l; .D ~i~:zS. .! :: O._:~ CI~::I ; ~~e.Q.~:g15 ~':~:lr~i5 :'~sl i~~~~ 5;11~i~;-6 ~ i~~ :;i~ j .:tj;6ii= ~ :11;1~~~! 'i ~_&..io~~.! ~~i~ ~!~~: ~ h;: i~~;' ij~];;:~ii Ijif!i"~~ f~ E . ;. ... . ... 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ALE cofY CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLJCANT NAME: MAILING ADDRESS: PHONE NUMBER: HIGH AND DRY MARINA, INC., a Florida corporation 202 Windward Passage Clearwater, FL 33767 (727) 443-0637 FAX NUMBER: (72 7) 443- 5502 PROPERTY OWNERS; (Us! all owners) Same as above See attached list AGENT NAME: HARRY S. CLINE, ESQ. MAILING ADDRESS: PHONE NUMBER: Post Office Box 1669 Clearwater, FL 33757 (727) 441-8966 FAX NUMBER: (727) 442-8470 SITE INFORMATION: LOCATION: North side of Windward Passage, contiguous to Clearwater Harbor STREET ADDRESS: LEGAL DESCRIPTION: PARCEL NUMBER: 202 Windward Passaqe Clearwater, FL 33767 See Exhibit "A" attached hereto and made a part. hereof bv reference. 08-29-15-43380-004-0090 SIZE OF SITE: 1.838 acres, MOL [80,077.667/sq.ft.] Commercial REQUESTED: FUTURE LAND USE CLASS/FICA TION: High Density Residential PRESENT: PROPOSED TEXT AMENDMENT: ZONING CLASSIFICATION: PRESENT Commercial Change from Commercial General to Residential High I (We), the undersigned, acknowledge that all representations made in this application are true.... and accurate to the best of my!(o~ knowl - . \ { ~ _ -~~ ct(j ~ Nr-.~~'~_;~ ~,o'~;;~~~," p S:.,.:" ~=,'~1e 01: cwnrr ,A,.';}J C~:~~~.~~c:: 2~~;~~ !~_:;~~:~~ J (use additional paper if necessary) REQUESTED: High Density Residential STATE OF FLORIDA, COUNT! OE P~LLAS Sworn to a subscribed before me this .J?!J -- day of November, 2002, to me by \-\AfLW; C;. CLlc.J~ , who is persona~~y Known or wno as identificatio . LEGAL DESCRIPTION UPLANDS: A P.DRlION OF LOT 9 AND AU. OF LOTS 10, 11. 12. AND 13. BLOCK D. UNIT 5. ISLAND ESTA-TES OF .CLEARWAJER, TOGETHER WITH A "PORTION OF VACA1ED DORY PASSAGE AS RECORDED IN PLAT .:BOOK51; PAGE" 34, PUBUC RECORDS OF PINELLAS COUNTY, . .FLORIDA. ""BElNG MORE FULL Y . DESCRIBED AS fOlLOWS .: . , , - .. BE{;INNi'NG 'AT 'THE SOUlHEAST 'CORNER OF SAID LOT 12; THENCE 'N4s-23'4'''W ALONG:JHE'NORTHERLY' RI.GHT~OF,....WA)' UNE Of WiNDWARD PASSAGE, 'A .:DISTANC-EOF 32Q.OO:fEET TOlHE'POINT 'OF 'CURVA1URE OF- A -CURVE TO 1HE;RIGHT;' 1HENCE ALONG -:.,SAID cURVE,'HAVlN{f~"o\D1US:.{}f. 50;00 :FEEt:.CHORD 31 ;.62' FEET 'BEARING N30~57"41"W. 'A DISTANCE OF'32.17f'EET.;<TO~..A 'POIN'r OF RE'VERSECURVE;.' THENCE AtON'G'A CURVE TO. THE,;l.EfT'HAVlNG A:BADIUS OF'50.DO .FEE!.,' :CHORD . OF. 73.14 FEET BEAR1NG - . . N59:3l'2D"W, A-.D1STANCE'Of..82.03"FEET; 'THENCE. LEAVING SAID L1NE,..N.1S'"31'22"W A :[}lSTANCE'QF"'20.DO;fEETTO.:1HE POINT OF~CURVA1URE OF .ANON-TANGENT CURVE; . THENCE~AL'ONG: sAlD -C1.JR\lE-:Trr lHE -RIGHT 'HA VlNe;:A liADJUS :of .170.0.o:--FEET, A CHORD OF 1p2~'57 .;fEET:aEAR1~~ S~~:Sl'!E/:A.btSTANCE rn:~-;.r5'9.50FEET, TO. A POINT OF ' 'TANGENCy';;..,"1HENCE:S49'23"~1~E.'::A-i)'lSJANCE:OF 1EO.OO f;EET "TO THE POlNT CURVAJURE :OF :A'~VE.TC.l,'JHE"LEFT; :1HEHCE,:;;AtONGSAJD CURVE. HAVING ,ARADJUS'.QF 7D.OO FEET, , A 'CHQRD..OF,74MFEEJ .BEARlNG. S81~2'22~ -'A DISTANCE -OF 7S;;g6 :FEET TO A POINT, SAID.POtNT-88NG 1HE~ SOUTRWESTtRLX-CORNER ,OF"Pa.ASE'1V MLLAGE, ON ISLANO:-rSTA TES, AS RECORDED, '\N"'PL.AT"-BOOIC55. pAGE 12, PUBUC-RECORDS -.OF PiNELLASCOUNTY, FLORIDA; "lHENCE.,ALONG<-1Hf"SOUTHERLY'UNE -'OF SAID,VJLLAGE; ON :ISLAND ESTA1ES, THEFDLLOWlNG 'THREE;:f~), ~~ou.~,SES ': :_'~ ' , " ' ' , 1: S49~'4'-E.-~'~ADlSTANCE ,OF13S:76,.FEET; , 2. soe12'32't:, A DlST ANCE' Of 81.05 :FEEt;. AND 3. 'S40-:3S'1S.W, A DISTANCE' ,OF 1 06:62 fEET TO A-- POINT ON THE NORTHERLY RJGHT-:-~..;..wA't_~~ "OF THE AFOREMENilONED 'WINDWARD PASSAGE; THENCE' ALONG SAID ONE N49"24'09.W. A DISTANCE OF .61.00 FEET; TrlENCE S40"36'1~.~~': A OI~ANCE '~ 2o.~OO FEET TO !HE POINT OF BEGINNING. CONTAINING 1.838 ACRES OR 80.078 SQUARE FEET MORE OR LESS. ALSO, SUBMERGED LANDS: . THOSE SUBMERGED LANDS L YlNG NOR1HWESTERL'( OF PHASE IV, VILLAGE ON ISLAND ESTATES, AS DESCRIBED IN .D.R. BOOK 5885, PAGE 2178. PUBUC RECORDS OF PINELLAS COUNTY, FLORID< AND AS SHOWN HEREON. --- EXHIBIT j IA" '. Ie I 776 OWNER: SHAREHOLDERS: HIGH AND DRY MARINA. INC. HIGH AND DRY MARINA, INC. Linda Groves Anne Bond Sara BIignaut Tracy Swartz William C. Armston Bryce Armston Bryn Tomanek John and Donna Carey Hans F. Heye Supplemental Information Required for Applications for Comprehensive Plan Amendments OWNER: HIGH AND DRY MARINA, INC. PROPERTY: 202 Windward Passage Clearwater, FL 33767 A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida: Copy of survey attached hereto Proof of Ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership: See copy of attorney's letter attached confirming ownership [one (1) copy only] Names of all persons or corporations having a contractual interest in property: Haider Development Corporation 1079 Boca Pointe Drive Orlando, FL 32863 An assessment of impacts of the proposed change in the adequacy oJ public facilities, the environment, community character and the fiScal condition of the City: An assessment of impacts would include: . Enhanced environment: the present use is a high intensity marina facility, involving the daily impact of a large number of boats being loaded into, and from and out of, the Clearwater Bay waters; on weekends and holidays significant traffic comes to and from the site for these marina purposes. . The area, except for this marina facilit-y is, or trending towaWs, residential or residentially consistent uses, so thaI rhis change would be more ill keeping with the community character. . It is anticipated that residential condominium development would create greater tax values for the City- - ******** Information that demonstrates that the proposed amendment complies with the following standards: (1) The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan by removing an isolated, intense commercial usage within an area generally regarded as residential. (2) The amendment is not inconsistent with other provisions of the Comprehensive Plan. (3) The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the specific area, as well as the Island Estates community at large. (4) Sufficient public facilities are available to serve the property. (5) The amendment will not adversely affect the natural environment, and the proposed change should have a positive environmental impact, removing a commercial boating operation with repeated impacts on the bay and the bay bottoms, which should be minimum subsequent to redevelopment. (6) The amendment-will not adversely impact the use of property in the immediate area. The amendment should enhance the property in the immediate area, eliminating significant traffic impacts on weekends and holidays, and the operation of a commercial facility starting essentially at daylight, seven (7) days a week, involving forklifts, and attendant noise in launching and retrieving boats from Clearwater Harbor throughout the day and into the early evening on a year-round basis. :..r- r"i..t.....!!",.'.ucr'f"'\,.........u:..;..f'.T'._. .__ _____..:: ...:....>> ~!- DNI , 'i. I~ tf ~ r IJJ. ~.~ , !I i I c.' I II, 'II I; sf I 111.1 ~f;l "1111.111 Ib ~ Ii !flll ~ :- -"II'" , il r. iiUdJ fA.~ . . I: i jl II ~ P I g;8 ~~ ~~ I ! il i I' I ,- 'It' ~ f' ;1 m. if ilb b I il 1~~!I:q 01>< n lij :1 ~ oj ~'~I~~ '1"1: f;i, ,I,:. lei fl.... . :Uf ,~: .'" '. ,,':. .;,-.... ,.: . ., .:. .:.:'.. ..;;.. . I,. J.. ~: ~;.: . ~~ j':. I. ..: .\- ~{ ~ .:;, if q ~. le, tJ' !o.. ~ '1 .... :;, ~ ._-'-~~ ~ " .~. j . ( . , b I ':l~ I " .it: - .' . j Y' . ./' " ~!t ", ~1~ ;;/ '-..~ ~\~. ,,-~., .. ~~. ATTACHMENT 3 Dr.ft PAC .Inut.. ..reIl10, 2003 Case #CW 03-21 City of Clearwater - This 1.83 acre parcel is located on the northeast side of Windward Passage, 230 feet north of Marina Way. The proposed amendment submitted by the City of Clearwater is a request to change the plan designation from Commercial General to Residential High. The amendment area is currently occupied by a dry storage marina facility. Approval of the amendment will allow redevelopment of the marina with a.multi- family residential development of up to 55 dwelling units. Theresa Goodman presented an overview of the staff report recommending the proposed amendment be approved. Jim Miller inquired if the increase in density would affect other plan amendment requests; to which Gina Clayton responded that no increases within the coastal high hazard area have been approved since 1999, however, this request only has a net increase of 4 units. She also said the city has purchased land and will develop a park which will take away some development potential. This area has not been redesignated to date. Mark Ely inquired if the City of Clearwater has submitted this request to the Department of Community Affairs (DCA) regarding Coastal High Hazard Areas to which Ms. Clayton responded they had not. Rick MacAuley asked if staff anticipated objections from DCA, to which Mr. Healey responded it is anticipated that land trade-offs, like the ones used in some of the recent cases on the beaches, will eventually be ineffectual because cities will run out of such areas to use as trade-offs. He added that while the pending cases of Madeira Beach and Indian Rocks Beach have encouraged dialogue with DCA, their acceptance of the need for redevelopment to consider density increases remains to be seen. Tom Shevlin asked how the loss of a dry boat storage facility will affect the community's access to the water and loss of boat storage areas. Ms. Clayton responded that this was discussed at the City Commission meeting and although the city doesn't want to lose the facility, turning down this request would not guarantee it will stay, since the property appears more valuable if redeveloped with residential uses. Rick MacAuley moved approval of the staff recommendation. The motion was seconded by Jim Miller and approved. (Vote 13 - 0) )EC-30-2002 14:46 MacF~rlane Ferguson Clw P.01 Interveat >>a~k ~ui1~i~~ 625 Court Street, Suite .00 POST OFFICE 1.6~ (ZIP 33757) CLEARWATER, iLORIVA 33155 - In7) 441-6;55 PRIVILEGED MATERIAL - FAX TRANSMITTAL FORM DATE: December 30, 2002 NUMBER OF PAGES: (Including cover page) q ATTENTION: MARC A. MARIANO 1 PLANNER FIRM NAME: CITY OF CLEARWATER FAX NO.: 562-4576 TELEPHONE NO.: 562-4553 FROM: HARRY S. CLINE FAX NO.: (727) 442-8470 ADDITIONAL COMMENTS: IF YOU EXPERIENCE PROBLEMS IN RECEIVING, PLE:ASI: CALL OUR OFFICE AT (727) 441-8966 THE H1FORMATrON COKTAIK!;;D IN THS FllCSIi':ILE I~B.$AC;;; .$ ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTE,Il0ED ONLY FOR THE JSE OF THE ADD~ESSEE. :r THE I\g)>JJER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, COMMUNICAT10N OF THIS MhTERIAL IS STRICTLY PROH!~tT~O. .r YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMl::DIAT<;l..r NOTIFY us EY TELEP{ONE (COLLECT IF 'IEClCSSA1W) AND RETURN THE ORIGINAL MESSAGE TO US AT nlE ".BOVE ADDRl::SS VI~ 'fHE u. S, POSTAL SE <VICE, C'HANK YOl). )EC-30-2002 14:46 MacFarlane Ferguson Clw P.02 '. , MACF~.I\.n.LANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT LAW 400 NORTH TAMPA STREET, SUITE ~.300 e;e~ eOu~T ST'RE.E:T I~OI SOl.JT~ FI..ORI 1;l,A. AVE;NUE l.AK~L.ANC. ....LOa:;:IOA :J..4~O~ ISt:r.3') ElSO.990a ,: AX (,ee~) l!se~..l:!:e14'Q P.O. BOX 1531 (ZIP 3.36011 P. o. BOX 1669 'ZIP 33757) CLEARWATER. FLORIOA 33756 17271.4d.1-6B66 I-'M (727) 442.8od.70 TA""1PA., Fl...O~IJ;l^ ..33602 (~I:5' ;!7::J-4;':OO "'A~ (OI,JI) ii:73....39G '" REPLY REFER TO, December 30, 2002 Post Office Box 1669 Clearwater, FL 33757 Mr. Marc A. Mariano, Planner City of Clearwater Post Office Box 4748 Clearwater, FL 33757-47~.8 VIA FAX # 562-4576 Re: Application of High and Dry Marina /202 Windward Passage Requested ~hange from Commercial to High Density Residential Trip Generation Comparisons report Dear Marc: For your files enclc sed herewith please find a letter dated December 23rd from Florida Design Consultants, together with attachments. As the letter and enclosures more fully reflect, the proposed land use and zoning changes, even ifbuilt at maximum ,ntensity, would actually represent a reduction of traffic impacts. Please advise if you require anything further on this subject. With best regards ::01' the Coming 'Year, I am Sincerely yours, HSC:koh cc: High and Dry Marlna, Inc. w/ene. Mr. Steve Gerlach w/enc. Mr. Sal Haider w/enc, ~~ne H;\DamlAl~\.HSC\CORRESP, '02'Ma 'iano.D \0. wpd . JEC-3~-2002 14:46 Mac',rlane Ferguson Clw P.03 FLORIDA DESIGN CONSULTANTS INC. ENGINEERS, ENVIRONMENTALISTS, SURVEYORS &. P"lA,NNERS December 23, 2002 Mr. Harry S. Cline MacFarlane, Ferguson and McMullen Attorneys and Counselors at L lW 625 Court Street, 2nd Floor Clearwater, FL 33756 Re: High and Dry Marina Redevelopment Dear Mr. Cline: Per your request I have compll~ed a trip generation comparison of existing development with that of the proposed rezoning to High Density Residential (HDR), The existing marina consists 01'294 total slips (292 dry slips plus 2 wet slips). Per ITE Trio Generation. 6th Edition this development would generate 870 daily trips, 24 AM peak hour trips and 56 PM peak hour trips. The proposed rezoning to HDR would allow up to 30 units per acre, therefore this 1.838 acre site could contain up to 55 townhome/condominium units. Per ITE this would generate 322 daily trips, 24 AM peak hour trips and 30 PM peak hour trips. TIlls represents a 63% reduction on a daily basis, no change during the AM peak: hour and a 46% rMuction during the PM peak hour. Therefore, no additional traffic impacts will be created. Please submit this letter to the City of Clearwater with your additional application information. I look forward to working with you onthis project. Sincerely, r@~ Robert C. Pergolizzi," AICP Vice President! Transportation and Planning :az L:\cline-2.doc cc: Bryce Annston, High and Dry Marina, Inc., w/encl. File 997-229.10.06 2639 McCORMICK DRIVE. CLEARWATER, FLORIDA 33759 lei: (727) 724-8422 · Fax: (727) 724-8606 )EC-30-2002 14:46 Macr~rlane Ferguson Clw P.04 Marina' (420) Average V.~hicle Trip Ends va: Berths On a: Weekday Number of Studies: 11 Averane Number of Berths: 386 Directional Distribution: 50% entering,' 50% exiting Trip Generation per BI!rth Average Aale 2.96 Range of Rales 1.91 - 10.04 Standard Deviation 2.26 Data Plot and Equation 6,000 5,000 , . I . . . I ',' _ . _ .". _ ~ . oJ _ . _ _ \. . . _ .'. . .. . , . . . . .. .. . . .1. . _ _ .. _ _ _ _ ... _ _ _ .' _ _ _ _ .I _ . . . '. .. . . ..... .. .. . . . .. . .". . . .,t'. . .. . '. . I , . I . I , . '",'" . .. ....... . .. . 'J'" . .... , /" I , , .. , , ,-,~"... 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Polnti - Fitted Curve -- - - -- Avol'Igl Rm Fitted Curve Equation: T = 1.891(X) ... 410.795 R2 ;: 0.92 Trip Generation, 6th Eoition 664 Institute of Transportation Engineers )EC-30-2002 14:45 MaL~~rlane Ferguson Clw P.05 Marina ( 420) Average Vehicle Trip Ends vs: Berths On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 8.m. Number of Studies: 2 Average Number of Berths: 362 Directional Distribution: 33% entering, 67% exiting TriJ I Generation per Berth E Average Rate Range of Rates 0.07 0.09 . Standard Deviation 0.06 Oat i Plot and Equation Caution. Use CSf9fUlly - Small SlImple Size 31 36 35 34 -8 33 c ill .2- 32 I- ..!!! 31 .Ii! .c ~ 30 III 29 I 28 n 27 l- 26 25 24 23 22 39 , , , 38' .....:.....'..--.;--- ..-....-... , ~ .. . . I. . . . . . '. . . . . . '. . . , . . '- _ _ _ _ _ ~ _ _ _ _ . I . . . , .....,.... -., - - - - - 1. -- . . I I , . - "I"" -. ".,.... '1"'" 0.".... 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" - . . - ~ r . . . .. . , . . 0 . . 21 I ' I ~~ I I I I I , 310 320 330 340 3SO 360 370 380 SQO 400 410 I 420 430 300 x = Number of Berths X ActulIl Data Point. _uu_ AVIl'lIIgI Ratl Fitted Curve Equation: Not given R2 = *u* Trip -;eneratlon, 6th Edition 665 Institute of Transportation EngIneers )EC-30-2002 14:47 Mer~~rlane Ferguson Clw P.06 Marina (420 ) Average Vehicle Trip Ends vs: Berths On ~ Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies; 2 Average Number of Berths: 362 Directional Distribution: 60% entering, 40% exiting Trip Generation per Berth I Average Rate 0.19 Range of Rates 0.17 - 0.21 -= Standard Deviation * Data Plot and Equation Caution - Use c.r.tully - Small Sampl. SIz. 90 , , , 80 - , , . .. .' . . . 0 . . '. , ....~..... , . " " {g , , -,' , c ~' W ", I C. , <......... '\: , l- . .,,,~' - - CIl X '0 C . ,,' , ~ 70 : ;. ~--~. ,- , , \1l , .' Ol - - j , , , -,- "r""" , ." , \I ,,- , " , I- ,~ - .' ,,~' , 60 , :.. ... t' ~ . . -,- ',' .,. '0' , , '. . - -' , " , , , 50 I I T I I I I 300 310 32(1 330 340 350 S60 370 380 390 4QO 410 420 430 X '" Number of Berths X AClulll Data Polntt!l ------. AV8t8g$ Rete Fitted Curve Equation; Not given R2I:1 ..... Trip Generation, 6th Edition 666 In3titute of Transportation Engineers DL'C;-30-2002 14: 47 Maf:"- ~lane Ferguson Clw P.07 Residential Condominium/Townhouse (230) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday Numbf3r of Studies: 53 Avg. Number of Dwelling Units: 185 Directional Distribution: 50% entering, 50% exiting T' 'Ip Generation per Dwelling Unit [ Average Rate [ 5,.86 Range of Rates 1.83 - 11,79 Standard Deviation 3.09 C ata Plot and Equation 8,000 1ft -g LIJ Q. 'I;;; I- m :g .s: ~ Q) ~ III ~ II I- 6,000 , ~ , . . . . ; , , . - . ; . , , . . ; . ' , , . .:. , - , , .:. , , ' , .;. , . , , .:. . . . . .:. , . . . .:- . . , . . ~ . - '~.~.,.r< . . . . ~~ ,,~,r; ~ ' , , . ",,"'" , . _.. ~ J. _... _ J _ _ ~.. ~.. _ _ _ _: _.... .:... _ _;_. _ _ _ .~... - - -:- - - - - .:..... '~;I"'- - - - \. - - -.. ~.. - -- . /'//: ~ . . , ' , , ",". . , . . . . . . - - - - - . - . - . . . . . . - - .. - - - - .,....... - - - - - -0" - - . . o:,.,;j' - - 1- - ~ - . ':0 . . . . . - - - - . - - - . . X /. . ,./'" I : X . . . ' - - , . , - - . . . ~ . . - ' , " - . , , - -,' . , . . . . . ~~;~,< . - , . ':- . , ~ ~ """,:'" ~ , 7,000 6,000 4,000 1.000 I ."" , , . . . . ..., .,..,.,' x~>,-~/", ..,... ':' - -., .:' - -,. ':"'" -:-",..:...,.. ~,.,.- x ' ...' ,,,,'.~ , , , ..... ~ ' ')(:: - , ~ ' . , . . .;' - - . . ':' . , . , ';' . . , , .:' , - . . ';' . , . - - ~ - - - , , : ' . . . . 3.000 2,000 * : . . . . . , . _ _ . _ .: _ , ~ . . w: . . . . _ _: _ _ _ _ _ _: _ . . . . _: _ . _ _ _ _: _ _ ~ . . . :. - _ _ _ _:_ _ _ _ . . : w . " - - o I-r- o 100 200 300 400 500 600 700 aoo 900 1000 1100 1200 1300 X Actual Om Points x "" Number of Dwelling Units FItted CUM n___' AI/Grage Rate Fitted Curve EquaUon: Ln(T} '" 0.850 Ln(X) + 2.564 R2 =" 0.83 rrfp Generation. 6th Edition 361 Institute of Transportation EngIneers .)1;:(-30-2002 14:47 Me rlane Ferguson Clw P.08 Residential CondominiumlTownhouse (230 ) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 56 Avg. Number l)f Dwelling Units: 202 Directl anal Distribution: 17% entering, 83% exiting Trip Generation per Dwelling Unit ~ Average Rata 0.44 Range of Rates O. , 5 1.61 Standard Deviation 0.69 Data Plot and Equation 600 soo . , - - - .I _ . _ . ~ j _ _ . . _ J . _ . . _ J _ . _ . . .. _ , I , . I ~ c: W .@- I- ] .I::. ~ d) CIl l!! ~ II I- , , , 400 -'. - - , . - - . - , -- . . . ; .. .. oJ .. .. _ _' , , , 300 -----;.-...:.....,.---.-,------ x , "'" . .,. - - -. .,. -.,..... " .,..... ",".... -r - - - --r 100 -: - - - - -. -. -. - .;' X'.. X'" o o 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 X '" Number of Dwelllng Units X Aclull Olltll Polnlll FlltBlf Curve ------ AVlrage RBIe Fitted Curve Equlltlon: Ll1(T);;;; 0.790 Ln(X) -t- 0.298 R2.. 0.74 Trip Generation, 6th Edition 362 Institute of Transportation Engineers j~C-30-2002 14:47 Me rlane Ferguson Clw P.09 Residential (;ondominiumlTownhouse (230) Average Vehicle Trip Ends VI: Dwelling Unita On a: Weekday, Peak Hour of AdJacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 57 Avg. Number of Dwelling Units: 199 Directional Distribution: 67% entering, 330/0 exiting Tri; J Generation per Dwelling Unit E Average Rate 0.54 Range of Rates 0.18 1.24 Standard Deviation 0.76 DC! ta Plot and Equation 700 ~ W Q. '1:: I- CIl U :.c Q) :> m C'l i 4: II I- 300 ,..--.................".. x 400 ...--....--" . , I . I . ~ " - . - . - ,- - - . . - ,- - . . - - ,. . . . . - . - - - - . . . , I , , . . , -. ",". -.. -,-'" - -,"'" - '," - -. "," - - -. "," - -...;. _..- x ~ 100 -- ~,. x -- ; , . . .,. .:- . -- ..: j ,~r,~ o 100 200 3011 400 600 . . I . . .... -. - - -... - - -. - - -.. - -... - - -.. - -- , , I . 600 700 800 900 1000 1100 1200 1300 x ;:; Number of Dwelling Units X Actull pata Points FlHecl CurvQ - -- -.. Averitgl Ratt Fitted Curve Equation; \-o(T)" 0.827 Ln(X) + 0.309 A2 = 0.19 Trip Generation, 6th EditIon 363 Institute of Transportation Engineers TnTAI P.Vlq .. Case #: LUL-joo~- I/O (} Sign Posting Acknowledgement I hereby acknowledge receiving a notification sign to post on the property I own and/or represent that is undergoing either an annexation, land use plan amendment and/or rezoning, and will post the sign on the subject property so that it is readable from the most significant adjacent road a minimum of 15 days before the Public Hearing. if~ ~, 6erlaJ ~ Ac II;P;J- Dat Posting Date - No Later Than: (Y/() n do. ~ J d. nfAa. r 1 ~ r ~ (10 .3