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8895-16ORDINANCE NO. 8895 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GULF - TO -BAY BOULEVARD, APPROXIMATELY 900 FEET EAST OF SOUTH BAYSHORE BOULEVARD, WHOSE POST OFFICE ADDRESS IS 3400 GULF -TO -BAY BOULEVARD, CLEARWATER, FLORIDA 33759, AS INSTITUTIONAL (I), COMMERCIAL GENERAL (CG), PRESERVATION (P), RECREATION /OPEN SPACE (R/OS), RESIDENTIAL LOW (RL), AND WATER /DRAINAGE FEATURE; 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 COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See attached Exhibit A for Legal Description Land Use Category From: Institutional (I), Preservation (P), Recreation /Open Space (R /OS) and Water /Drainage Feature To: Institutional (I), Commercial General (CG), Preservation (P), Recreation /Open Space (R/OS), Residential Low (RL), and Water /Drainage Feature (LUP2016- 03003) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect contingent upon and subject to the approval of the land use designations by the Pinellas County Board of Commissioners and thirty -one (31) days post- adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of Ordinance No. 8895 -16 a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas 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 PASSED ON SECOND AND FINAL READING AND ADOPTED Approied as to fo Camilo A. o Assistant City Attorney APR 2 1 2016 JUL 2 1 2016 --Ctegtt(Ncte\tkof George N. Cretekos Mayor Attest: Rosemarie Call City Clerk Ordinance No. 8895 -16 EXHIBIT "A" LEGAL DESCRIPTION: (PROVIDED BY OTHER, EDITED BY THE UNDERSIGNED) THE . NORTH .1/2 OF THE NE 1/4 OF SECTION 16, TOWNSHP 29 SOUTH. RANGE 16 EAST. AND THAT PART OF GOVERNMENT LOTS 3 AND 4 OF SAID SECTION. WHICH UES NORTH OF A UNE BEGINNING 114 THE WEST BOUNDARY OF SND ANT LOT 3, AT A POINT 250 FEET NORTH OF ITS SOUTHWEST CORNER EXTENDING NORTH ST .EAST TO NAVIGABLE WATER IN OLD TAMPA BAY. AND LESS RIGHT- OF-WAY OF DAVIS CAUSEWAY, PINELLAS COUNTY, FLORIDA; • AND AU. LAND LYING BETWEEN THE. ABOVE DESCRIBED PARCEL 'AND THE RIGHT-OF-WAY OF STATE ROAD 60, OTHERWISE KNOWN AS COURTNEY CAMPBELL CAUSEWAY. AND PARCEL. 5 • • AND ALL THAT PART OF GOVERNMENT LOT 1 IN SECTION 15, TOWNSHIP. 29 SOUTH. RANGE 16 EAST. LYING. SOUTH OF AN EASTERLY - PROJECTION OF THE NORTH LICE OF GOVERNMENT LOT 4 IN SECTION 16, TOWNSHIP 29 SOUTH; RANGE 16 EAST. P1NELLAS COUNTY. FLORIDA, WHICH PROJECTION IS EXTENDED TO THE DEEP WATER CHANNEL OF TAMPA BAY. LESS AND EXCEPT A 100' RIGHT -OF -WAY . FOR BAYSHORE BOULEVARD AS DESCRIBED IN COUNTY PETITION N0. 80 DATED AUGUST 4, 1925. LESS AND EXCEPT A RIGHT -OF -WAY ACROSS GOVERMENT LOT 4 OF SAID SECTION 16,. DESCRIBED IN CITY OF CLEARWATER RESOLAfiON • 64-90, FILED 114 OFFICAL RECORD 1936 PAGES 522 - 524, OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA. LESS AND EXCEPT PARCEL'.? THAT PORTION THEREOF DEEDED TO ROBERT D. WINN AND MARY 5. WPM, HUSBAND AND WIFE, ON. NOVEMBER 16, 1992. BY DEED RECORDED IN • 0.R. BOOK 8094. PAGE 115.5. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NW' _1 f/4� �O�F�� SECTION 16. TOWNSHIP 29S. RANGE 16E. LYING SOUTH OF • DREW . STREET,. EAST OF UNIT 1 OF CRYSTAL HEIGHTS SUB ON, AND NOR1HWE✓1ERIY OF BAYSHORE BOULEVARD - TOGETHER WITH THE RIPARIAN RIGHTS THERETO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • FROM THE NE CORNER OF THE NW 1/4 OF SECTION 16. TOWNSHIP '29S. RANGE .16E. A5 A POINT OF REFERDNCE. THENCE SO0'37'0319 ALONG THE NORTH -SOUTH CENTERU E OF SAID SECTION 16 A DISTANCE OF 33.0' TO THE NORTHEAST CORNER OF LOT 9, UNIT 1 OF CRYSTAL HEIGHTS SUBDMSION AS A POINT OF BEGINNING; THENCE - CONTINUE S0O'37"03'W ALONG SAID 'CENTERLINE (BE1N0 ALSO THE EASTERLY BOUNDARY OF SAID UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK 28. PAGE 64. OF THE PUBUC RECORDS OF PINEL:AS COUNTY.. FLORIDA). A DISTANCE OF 222.47' TO . A POINT ON THE NORTHERLY RIGHT -OF -WAY OF BAYSHORE BOULEVARD (A 100' RIGHT -OF -WAY); THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF. 368.31', A CHORD BEARING OF N41'35'48'E, AND A CHORD DISTANCE OF 146.17' TO A POINT OF TANGENCY; THENCE N61•02'31•E ALONG SAID TANGENT' RIGHT -OF- WAY, A DISTANCE OF 184.66' TO AN INTERSECTION WITH THE .SOUTHERLY RIGHT -OF -WAY OF DREW STREET .(CURRENTLY A 33' RIGHT -OF -WAY); THENCE N89'29'50'91 ALONG SAID SOUTHERLY RIGHT -OF -WAY (33' FROM AND PARALLEL TO THE NORTH UNE OF SND SECTION 16), A DISTANCE OF 24221' TO THE .POINT OF BEGINNING. CONTMNING 23.549 SQUARE FEET (0.54 ACRES) M.0.L • TOGETHER WITH THE RIPARIAN RIGHTS TO THE LANDS LYING DIRECTLY. . EAST, ACROSS THE 100' RIGHT - OF-WAY FOR BAYSHORE BOULEVARD (AS RECORDED IN COUNTY PETITION NO. 80, DATED AUGUST 4, 1925) BEING FURTHER DESCRIBED AS FOLLOWS: THE NORTH 222.47' OF THE NORTHWEST" 1/4 OF SECTION 16, TOWNSHIP 29S, RANGE 16E, LYING BETWEEN THE EASTERLY . UNE OF . UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS - RECORDED IN PLAT BOOK 28, PAGE 64, OF THE PUBUC RECORDS .01 PINELLAS COUNTY. FLORIDA, AND EXTENDING EASTERLY TO THE MEAN HIGH WATER MARK OF OLD TAMPA .BAY - LESS A .100' RIGHT - OF-WAY FOR BAYSHORE BOULEVARD -. AS DESCRIBED. IN COUNTY PETITION N0. 80 DATED AUGUST 4. 1925. RIPARIAN RIGHTS GRANTED ARE UNITED TO THE LESSER OF: (A) FIFTY (50') FEET FROM THE UPLAND, OR (B) THE MAXIMUM DOCK. LENGTH PERMITTED BY LAW, WHICHEVER I5 THE LEAST. LESS AND EXCEPT: LANDS KNOWN AS THE 'EASTER' TRACT, RECORDED IN OFFICIAL RECORDS BOOK 1.6135, PAGE. 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA TOTAL AREA 131.05 ACRES. MORE OR LESS THERE IS APPARANTLY TWO SCRIVENER ERRORS 114 THE ABOVE DESCRIBED LEGAL DESCRIPTION, SHOWN WITH AN ASTERICK. BOTH SHOULD BE CHANGED TO SHOW .'NORTHEAST OR "14r INSTEAD OF NORTHWEST (NW). Exhibit B TE RU S WATER�R A. pRay qr. Y • • -- -, ° j 0* WATER ! �, v Rd ly % Al R R/OS r Y. (=- .- :......, J lis It Is 1 L O Z >.. 'Q • . •. Rol P RL Ca 1 ■■ ■.j •* •..• WATER • R/OS RLM r--- ..�. RU ■ -R I I UU ft R RL RL RL CG �DRLI J Iti O1/111/ ATER RM •© ss.■ ■••••12�� �R/OS R/OS WATER COUR ` ' ' " = R/OS TN R/OS -- •, . _, - ... FUTURE LAND USE MAP Owners: Clearwater Christian College Case: DVA2010 -06001 LUP2016 -03003 REZ2016 -03003 Site: 3400 Gulf -to -Bay Boulevard Property Size(Acres): 131.05 Land Use Zoning PIN: 16 -29 -16 -00000 -120 -0100 16-29-16-00000-140-0100 16- 29 -16- 00000 - 130 -0200 16 -29 -16 -00000 -110 -0100 From : 1, P, R /OS, & I, P, & OS /R Water /Drainage Feature To: I, CG, P, R /OS, RL, & I, C, P, LDR, & Water /Drainage Feature OS /R Atlas Page: 292B Exhibit B